01-12-1998 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 12,1998 ( #5 - #2275 Ted and Myrna Wolf - Continued) Gaffron indicated the park dedication fee is .a two -part process, derived from the fair market value of the new lot as determined by the assessor, and the park fee is established as 8% of this value. An existing lot with an existing house is excluded. If no house exists, then the fee pertains to all lots. The value is on a pre- development basis. The question arose of whether there is a cap to the amount. Goetten voiced her feeling that the questions arising from park dedication should be resolved and the ordinance changed if changes are necessary. Goetten said her position, until the ordinance is officially changed, is to vote against applications where park dedication is an issue. Jabbour said the Council needs to operate as determined by the guidelines set and negotiate with the applicants until the ordinance changes have been made. Barrett said the current ordinance is satisfactory as long as an individual decision is made on the impact of rough proportionality. The flat 8% fee does not allow for this to occur resulting in the need to individually discuss each application. The guidelines need to be set with the land variations within the City and a cap established. • Jabbour said he is satisfied with the City's proposed cap based on the information provided by Staff, discussions, and what has occurred in other applications. He feels the City's position can be justified. However, Jabbour said he does not wish to place an applicant in a hardship position. The lower amount should be agreed to or the applicant revisited regarding the amount of park dedication. is Goetten said she would like the Council to make a decision as it would be unfair to the applicant to delay the application further and reflect on the Council's integrity. Jabbour acknowledged that the issue must be addressed in order for the Council to work as a team. Jabbour asked if the resolution can be passed and the park dedication fee amended. Barrett said the problem with that is the plat will have been filed creating difficulty in amending the park dedication fee. He suggested the park dedication fee could be placed in escrow with the final amount to be determined in the future. Goetten felt that would not be acceptable to her. Flint said, while waiting for the re- drafting of the ordinance, determination has been made as called for by the legislature, and the Council should apply the maximum. The lot's impact on the park system has been determined and would be satisfactory but Flint said he is unaware of what is the maximum amount. 15