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r t-! i <br />} <br />^^NUTES OF THE REGULAR ORONO CIT\’ COUNCIL <br />MEETING HELD ON APRIL 14,1997 <br />(#5 - #2204 - Fullerton - Continued) <br />The applicant's attorney, Mr. Winston, was present. He asked to separate the issue of the <br />preliminary plat approval and CUP from the Park Dedication fee issue. He brought <br />attention to a letter sent to Staff and Council regarding the Park Dedication fee. He is <br />concerned that the application has been delayed due to the Park Dedication fee issue <br />without any resolution. Winston noted that there has been no opposition to the proposal <br />as such and conditions placed on the application meet with applicant's approval. <br />Winston indicated that the proposal is unique and is incurring an incredibly high Park <br />Dedication fee. He noted the fees collected from adjoining communities were <br />considerably lower. Winston said the applicant is v.illing to pay the same amount as <br />would be charged in Minnetrista of $4100 or negotiate with the City. He said there <br />would be minimal impact on parks from these lots especially with their location on the <br />lake. He reiterated that the conditions placed on the proposal by the Planning <br />Commissioners were acceptable. The lots meet City standards, and the development <br />issue of the roadway can be worked out with Staff accordi ng to Winston. <br />Jabbour noted the Park Dedication fund established in the 1980's is related to the value of <br />the land. He reported the Council’s need for due diligence in enforcing the legalities of <br />the City and questioned whether the issues could be separated. <br />Goetten asked if the applicant wanted to receive approval on the application less the Park <br />Dedication fee. Winston said he would like to receive total approval with the fee being <br />negotiated. Goetten informed him it is the Council's practice not to grant approval when <br />issues are unsettled. <br />Radio said the normal recommendation would be to address all issues and not separate <br />one frorn the application. Since the application is in preliminary stages. Radio suggested <br />the possibility of escrowing the fee until the amount is settled. Winston said he would be <br />agreeable to *hat solution. <br />Goetten voiced concern with requests made by other applicants in the future by setting <br />such a precedent. <br />Winston said he feels the fee is not reasonable and has not been told otherwise. <br />Jabbour in . .rmed Winston that the Council will be discussing the issue of the Park <br />Dedication Fund in an Executive Session following the regular meeting. He reported thai <br />the City is not in the position to negotiate the fee; the fee must be paid in full or the <br />ordinance changed. <br />s