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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,March 20,2017 <br /> 6:30 o'clock p.m. <br /> also be an indication that the City will need to look at it again. Barnhart stated in his view there will be <br /> more successes than failures. <br /> Thiesse noted this is not going to reduce Staff's work load. <br /> Barnhart stated it will also reduce the amount of Staff time needed to obtain a survey from an applicant. <br /> Landgraver stated an increase in after-the-fact variances would also be an indicator. <br /> Landgraver moved, Leskinen seconded,to recommend approval of Application No. 17-3920,City of <br /> Orono,Text Amendment: Survey and site plan requirements. VOTE: Ayes 5,Nays 0. <br /> 14. 17-3921 CITY OF ORONO,TEXT AMENDMENT: ESCROW AGREEMENTS AND <br /> FINANCIAL GUARANTEES, 10:03 P.M.—10:12 P.M. <br /> Barnhart stated this ordinance primarily deals with financial guarantees associated with projects and with <br /> escrow agreements. Escrows are authorized by City Code Sections 79 and 75. Section 75 deals with <br /> expenses incurred during the development review and Section 79 deals with erosion control. The City <br /> has a land use review process and a building review process. In land use applications,the City collects an <br /> escrow to help guarantee that the city engineer,consulting engineer,and consulting attorney's fees are <br /> paid and that the taxpayers do not have to pick up the costs. <br /> Barnhart stated on the building side,there are erosion control requirements, such as maintenance of <br /> erosion control measures, which are separate from the normal things that are included in the City's <br /> development agreement and subdivision process. If someone is building a new pool or anything that digs <br /> up the ground,the person provides an escrow that guarantees that that will be maintained. In the event it <br /> is not maintained,the City would deploy resources to clean that up and then bill the property owner. In <br /> the event the applicant does not pay those costs,the City would use the escrow. <br /> Barnhart noted he made some modifications to the draft ordinance and that a new draft is before the <br /> Planning Commission tonight. Based on the advice of the City Attorney, Staff would like to clarify <br /> Section 45. The proposed next text goes from Lines 37 through 44 and is intended to modify and clarify <br /> the City's existing deposit rules and regulations. Barnhart stated the idea with the ordinance is instead of <br /> having a separate escrow agreement document,the City will take that key language and include it in the <br /> land use application or the development agreement with the goal of making the process somewhat simpler <br /> for the applicant. <br /> Also as part of the draft ordinance review Staff has removed the portion relating to security agreements. <br /> Chapter 78-147 of the ordinance deals with the site plan process. If someone were to obtain site plan <br /> approval to construct a commercial building,the person would be required,based on the code,to provide <br /> to the City 125 percent of the estimated costs for those improvements. Barnhart stated that implies the <br /> City is going to do something with that money, such as finish the work, and the City is not going to finish <br /> a commercial project. Barnhart stated what the City will do is stabilize the site so erosion is not an issue <br /> and safety issues are addressed. <br /> Barnhart stated the draft ordinance removes that requirement for a security agreement for a site plan. <br /> Staff is not proposing with doing away with escrows at this point but is merely recommending <br /> eliminating the need for an escrow agreement. <br /> Page 36 of 43 <br />