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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 5 of 26 (PUBLIC COMMENTS, Continued) Initiative, he would like to thank the City Council again for their continued support of Navarre and thank all of the residents who attended the meeting. Mayor McMillan thanked Ralph Kempf for helping to organize the meeting and that in her view the consultant group did a good job of running the meeting. PLANNING DEPARTMENT REPORT 5. #10-3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT Ben Gozola stated basically three main changes have been made since the last City Council meeting. The DNR standards were discussed with staff at a Council work session. At the direction of the City Council, the City Attorney has reviewed and provided comment on the draft ordinance. Staff also incorporated some minor ordinance edits based on Council feedback and feedback by the City Attorney. The first changes are specific to the definition of hardcover. At the direction of the City Attorney, two words were removed from that definition. The first word was the word construction before the word hardcover and the second word was impervious before the word patio. Both changes were to shorten and clarify the definition. The next change was to remove some remaining hardcover exclusion language in the ordinance and that change again was for clarity. Following that change, Staff was asked to include definitions for two different terms. The first term was pervious paver and the second term was pervious surface. The City Council will be able to find language on both of those terms in the draft ordinance. Further, the City Council suggested that Staff remove a sentence within the suggested purpose section that seemed to be more related to the performance based approach, and that has been done. As it relates to the hardcover exclusion section, the City Attorney suggested Staff remove the word public before the word roads to make sure that all roads, regardless of the ownership status of those roads, would receive an exclusion if they were properly placed. Based on discussion at the last Council meeting, Staff also made an amendment to the way the ordinance would look at retaining walls. Instead of having a difference between required retaining walls and decorative retaining walls, all retaining walls would be excluded. Gozola stated the biggest change in the ordinance relates to Tier 1. It is now proposed to be regulated at a straight 25 percent rather than being split into two different zones depending on the distance from the lake. Gozola indicated it is his belief that that was a topic at the work session meeting and that the City Council should have a two-page handout that was prepared by Mr. Gaffron regarding that proposed change. In addition, the City Attorney had recommended some minor text changes to the tier assignment methodology, which has been incorporated into the draft ordinance. As it relates to Division 4, which Item #02 - CC Agenda - 09/24/2012 Approval of Council Minutes 09/10/2012 [Page 5 of 26]