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ORONO CITY COUNCIL MEETING <br />MINUTES FOR AUGUST 23, 1999 <br />(»3) M2308 BROOK PARK REALTY^ 3760 SHORELINE DRIVE - Continued <br />Gaffron said if it is the Council ’s intent that it be a public trail and the developer does not <br />object, the easement could be incorporated. <br />Gleason said he did not object. <br />Gaffron said the subdivider’s bank will not have the letter of credit ready for another week <br />and the City has not received payment of the required fees for final plat, legal review/filing, <br />park dedication, or sewer & water. He recommended that any approval granted tonight should <br />be conditioned on not filing the plat until the City Attorney is satisfied with the title policy <br />and all other conditions are met. <br />Jabbour questioned the $53,162 fee for sewer and water. <br />Gaffron said this property was assessed 30 years ago for sewer and 20 years ago for water as <br />commercial property. They paid a premium price then and never goi eny of that money back <br />so they receive a credit. They are being assessed the difference between what they paid for a <br />number of units in the past and the current number of units under the current ordinance. <br />Jabbour asked if the City is assessing the developer for the water treatment plant assessment. <br />Gaffron said he would review the matter because he was not sure if that assessment was <br />applied to this property because vacant properties were not assessed. <br />Jabbour explained that an assessment of $350 per home was made for rehabilitation of the <br />water treatment plant. <br />Gleason asked if it could be tied to the building permit or if it had to be assessed to the <br />property. <br />Gaffron said he believes it was assessed to properties that had a residence structure on them <br />and was not assessed to vacant properties. <br />Gleason said he would prefer to pay the fee up front. <br />Flint referred to the last three paragraphs on page 4 of the prior resolution regarding the <br />lawsuit and said they should be included in the final approval resolution in case anyone else <br />tries to use this as a precedent. <br />Gaffron 'lid he initially put the paragraphs in the draft, but after discussions with the City <br />Attorney, he look them out. <br />Jabbour asked Mr. Barrett whether the paragraphs should be included. <br />Page 7