05-11-1998 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING • MINUTES FOR MAY 11, 1998 ( #4) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued Jabbour indicated he met with Mr. Sohns to discuss the possibility of buying his land to provide a park for Orono, and he will brief the Council during his Mayor's report. Kelley said if the next parcel to the west develops, he would mandate that the road be finished, as it is prudent planning. Jabbour said there is no assurance a road will be built to County Road 15, after those parcels are developed. He said Gleason felt assured he would get 30 units with that zoning, but public safety and welfare will never be given up by the City under any circumstances, even through litigation. The worst possible scenario, Jabbour believes, is the court will uphold the City's position that the applicant will build the road. Jabbour said he would like to stand in front of a judge and explain to him or her that public safety and welfare, which is the number one issue at the City, would be sacrificed because the City took 60 days to send the applicant something in writing although the City publicly told the applicant what was needed. If the judge decides against the City, 30 units is the most the City would lose. Kelley asked what would the applicant like Council to do, to which Gleason replied either we both go to litigation, or to work with the City. The applicant says they attended all the meetings, and have • done everything they were supposed to do. Van Zomeren said at the December 8th meeting, the Council directed the applicant to address the list of remaining issues at first meeting in January, and those things were not provided. Jabbour said the list of issues to be done were never given in January or up to now. Gleason said those are issues, if we go to court, the court will figure out. Gleason asked what the Council wanted him to do tonight. Kelley asked the City Attorney if there was anything the Council could do, to which the Attorney replied there may be some devices, but the Council needs to decide whether they like those devices. Jabbour suggested an Executive Session. The City Attorney said he was not aware that the Council can predict development or focus when or if this happens and what would be the City's response. He asked Gleason if he was looking for some level of assurance. If the City obtains a piece of land for the park, and the road is developed, the applicant could be assessed for a part of the cost of the road to County Road 15. Jabbour continued that Council has tried to be part of the solution, and approached this problem from every direction. Jabbour explained the road will service the Brook Park development and the park, and if Gleason decides to build the road to County Road 15, the Council will approve the development. 4 0