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MINUTES OF THE ORONO TRUTH -IN -TAXATION MEETING and the ORONO CITY COUNCIL MEETING Monday, December 12, 2016 6:30 o'clock p.m. 14. #15-3763116-3860 CHRISTOPHER AND GAIL BOLLIS/CHRISTOPHER AND RACHEL BOLLIS, 200-350 STUBBS BAY ROAD NORTH -FINAL PLAT APPROVAL — RESOLUTION NO. 6708 (continued) Hunt stated the one thing that is not covered is situations where someone is not actually constructing new lots. Hunt stated lots of other activities would potentially be prohibited if there is a default on the development contract. If the Bollises were to apply for a permit or something like that, a City Staff member would ensure that the development contract has been filed against the property. If there is a default on the contract, Staff would deny it. Hunt stated he foresees several issues with having the entire property being subject to the Development Contract. Hunt stated he understands it is the City's policy to include all of the land being replatted to be included in the development contract and that there is nothing legally prohibiting the City from doing that. Hunt stated he would argue that there is also nothing legally prohibiting the City from not including all of the land that will be subject to the plat and that they would respectfully request that the City consider leaving Outlot A out of the contract. The second issue discussed with Staff was the platting of the property and having a public dedication for Stubbs Bay Road. Currently there is just an easement that benefits the public. In connection with this plat and the road being publicly dedicated, some portion of the land will be lost. As a result, Hunt stated they had requested the City consider a credit for future development of Outlot A for that portion of land that will be lost. Walsh stated there are still covenants on Outlot A that would be part of this and that they would need to also remove any language that is applicable to that piece of property. Walsh asked if they are proposing taking out Outlot A from the development contract and then have no requirements on it. Hunt noted Outlot A would need to be replatted if it were ever developed and that he sees very little downside for the City if Outlot A were removed from the development contract. Hunt stated there is downfall, however, for the contractor if there is a default on the contract. Walsh asked what issues the City should ensure are still attached to Outlot A. Mattick stated through the normal course of business, the City has a development contract that covers all the lots that are part of the development. Outlot A is part of this development. Mattick stated in terms of what is included in the development contract, the developer is not doing anything in Outlot A and the City does not gain a lot outside of the dedication of Stubbs Bay. Mattick indicated Staff is okay with leaving Outlot A out of the development contract but that it is not typically the way the City does it. Currently City Code says that someone cannot develop on an outlot and the developer would need to come back to the City for approval. Walsh stated as far as the credit for the land associated with the dedication of Stubbs Bay Road, the City has not traditionally done that. Hunt stated they would like that as a credit since once the road is publicly dedicated, the lots become smaller. Page 14 of 33