11-12-1996 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 12, 1996 • ( #5 - #2176 Daniel Perkins - Continued) Mabusth reported that the Planning Commission approved the current application which will complete the southern pond at 5,000 sT asking that the contractor grade the slopes at 8:1 and 5:1 as originally approved. The next removal of material will be from the northern pond. The Planning Commission was uncomfortable with addressing the issue of an extension to five years and recommended review every other year and asked for Council to address the issue. Perkins reiterated what Mabusth had reported. He asked that the reviews take place every five years to simplify the review process for the Staff. He noted that digging would only occur every other year. Kelley indicated his support. Callahan asked if Staff had specific concerns for requiring additional reviews or if they were satisfied with a 5 year review period. Mabusth said Staff had agreed with Council's recommendation of yearly reviews due to possible changes in regulations as the 150 acre wetlands could become redefined as a DNR protected wetland. Mabusth indicated she was satisfied with a five year period for review with the stipulation that if any changes occurred in the regulations that it would trigger another review and possibly require DNR or Corp of Engineer permits. She noted that the dredging on the property was going • slower than originally anticipated. Callahan noted that the contractor may also change his needs in relation to how much and how often the digging occurred. This and changes in DNR classification may be reasons for increased reviews. Callahan suggested an every other year review process for this application, though he also favored the yearly review. Mabusth indicated that the Planning Commission was in agreement with a review every other year. Jabbour asked if Staff would prefer seeing a time limit or a dredging limit to trigger a review. Mabusth said Staff would recommend a land alteration permit for each excavation if the application was approved for a five year review. Mabusth said the 200 cubic yards of peat material limitation was satisfactory as the material would not lose its value. She was in favor of limiting each excavation to 200 cubic yards. Callahan indicated that the application as proposed would result in 400 cubic yards over a five year period and suggested an every other year review. Mabusth noted that if the permit was for every other year, it would allow Staff to review regulations periodically. Perkins asked if the every other year review would require a land alteration permit and was informed by Mabusth that it would not. Callahan moved, Kelley seconded, to adopt Resolution 93799 with a review period of every other year. Vote: Ayes 4, Nays 0. • 3