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MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 28, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 18 (4. #13-3601 CITY OF ORONO – WETLANDS – ZONING ORDINANCE AMENDMENT, Continued) Bremer asked if there is a reason to wait to see what the Watershed District actually does rather than what the City is anticipating they will do. Gaffron commented it might be wise to wait and see what happens. Bremer asked when Staff expects a decision by the Watershed District. Gaffron indicated the Watershed District did not have an exact date but that they expect the Board to review it sometime in May or June. Gaffron indicated he could try to find out that information if it is available at this point. Bremer commented it would make sense to wait. McMillan asked if the City should write its code to mirror whatever the Watershed District requires. Gaffron stated if they pass a 30-foot setback, the City may want to reconsider their 35-foot setback. Bremer stated she understands where Staff is coming from but noted that the City may have to revisit this if they choose to go forward with the ordinance amendment at this point. Gaffron indicated part of the process when someone comes in the door is they need to talk with the Watershed District so they know where the boundaries are and where the setback needs to be since that will impact the application with the City. McMillan asked if the difference is that Level 1 does not requiring a delineation and Level 2 does. Gaffron indicated Level 1 is basically done in-house based on City maps. McMillan stated as it relates to Page 7, she would suggest removing the language regarding the four protection levels of the Watershed District, especially if they end up changing their requirement. McMillan commented it would give the City some flexibility. Gaffron noted they would still be using that standard for nonresidential development. Clearly it would not apply to residential but the Watershed District still plans on using the functional assessment for nonresidential development. Gaffron noted the City’s code mirrors what is in the Watershed District’s code. McMillan asked if there is a deadline for when a wetland delineation expires. Gaffron indicated it is not addressed in the City’s code but it is addressed by the state. Exhibit C talks about delineations and the levels of delineations. Gaffron noted Public Works Director Struve had spoken with someone at Bowser and they did not agree with the way the Watershed was using a 5-year versus a 3-year standard. Item #03 - CC Agenda - 06/10/2013 Approval of Council Minutes 05/28/2013 [Page 12 of 18]