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1 <br />REQUEST FOR COUNCIL ACTION <br />OCT 2 6 2002 <br />cirYOFOflONo <br />Date: October 25,2002 <br />Item No.: / ^ <br />Department Approval: <br />Name: Michael P. Gadron ^ <br />Title: Planning Director f' <br />Administrator Approval: £Agenda Section: <br />Zoning <br />Item Description: #02-2843 Professional Properties of Orono, 2765 Kelley Parkway <br />- Proposed Medical Office - Unresolved Issues Requiring Council Awareness and Discussion <br />Planning Commission on October 21 recommended approval of the General Development Plan for <br />the proposed medical/dental office after reviewing the most recent plan sheets. This item is <br />scheduled for Council action on November 12 assuming a number of remaining issues can be <br />suitably resolved. Some of the remaining issues require Council discussion and policy decisions. <br />These include: <br />1.There is still no signed purchase agreement for sale of the City property to the applicants. <br />Issues which appear to be holding up completion of the purchase agreement include the <br />following: <br />Potential need for wetland mitigation: <br />ISSUE: If the wetland on the site must be mitigated, who will be responsible, sellers <br />(City) or buyers? <br />ISSUE: If buyers are responsible for mitigation, how will that affect purchase price? <br />ISSUE: If buyers are responsible for mitigation, they propose do it on site. However, <br />the size of wetland is unknown, therefore area ofrequired mitigation is unknown, and <br />mitigation may not be possible on site... <br />Staff Recommendation <br />1. <br />2. <br />3. <br />The buyer should be responsible for mitigation <br />If the buyer is able to mitigate on site, the usability of the site is not <br />diminished, so the price of the land should not be affected. <br />If the mitigation has to occur off-site, but the buyer still has full use of the site, <br />this becomes an issue for negotiation in terms of if or how the costs of <br />mitigation are shared among the parties. <br />More detail on the status of the wetland issue is provided later in this memo.