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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, November 26, 2007 <br />7:00 o'clock p.m. <br />( #07 -3336 Marc Ashton With John Terrance Homes, LLC, On Behalf of Mitch Cook of Central <br />Bank and Larry Pal of LGL Real Estate Investments, Stonebay Outlot A, Continued) <br />Mattick stated once he receives the comments of the City Engineer, he can start work on the <br />development agreements, and that it comes down to whether the City Council would like to review the <br />development agreements and staging plan prior to approval or rely on Staff. <br />Bremer asked when the closing date is scheduled and when they anticipate construction to begin on the <br />project. <br />Cook stated they are ready to purchase the property once they receive the approval of the City and that <br />everything is ready to go but that it is dependent upon the weather. <br />• <br />Murphy stated he does not have an issue with Staff handling the staging plan but that payment of the <br />fees is going to require the specific attention of the City Attorney as the application goes forward. <br />Murphy commented that he still has the feeling that this application is being rushed through the process. • <br />Murphy expressed concerns that if the City Council agrees to what Mr. Palm is requesting, that would <br />change the way the City of Orono has typically done-business on other applications. <br />Mattick stated in his experience he has not seen a letter of credit being used to secure those other fees <br />and that according to state statute it is at the time of subdivision approval that the City has the ability to <br />collect these fees. Mattick stated this may not necessarily set a precedent but that the City Council <br />would need to explain to the future applicants why they are not being allowed to defer payment of the <br />fees. - - - <br />Bremer stated the payment of fees by the various developers needs to be consistent. <br />Mattick stated the closer has indicated that the fees would be disbursed at the time of closing, and that <br />when the subdivision is approved, those fees are-typically collected. <br />McMillan commented that the payment of the fees is the cost of doing business and that she would <br />concur with the recommendation of the City Attorney. <br />• <br />White stated he would also be in support of payment of the fees up front. <br />PAGE 22 of 32 <br />