04-14-1997 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14,1997 • ( #5 - #2204 - Fullerton - Continued) The applicant's attorney, Mr. Winston, was present. He asked to separate the issue of the preliminary plat approval and CUP from the Park Dedication fee issue. He brought attention to a letter sent to Staff and Council regarding the Park Dedication fee. He is concerned that the application has been delayed due to the Park Dedication fee issue without any resolution. Winston noted that there has been no opposition to the proposal as such and conditions placed on the application meet with applicant's approval. Winston indicated that the proposal is unique and is incurring an incredibly high Park Dedication fee. He noted the fees collected from adjoining communities were considerably lower. Winston said the applicant is willing to pay the same amount as would be charged in Minnetrista of $4100 or negotiate with the City. He said there would be minimal impact on parks from these lots especially with their location on the lake. He reiterated that the conditions placed on the proposal by the Planning Commissioners were acceptable. The lots meet City standards, and the development agreement and issue of the roadway can be worked out with Staff according to Winston. Jabbour noted the Park Dedication fund established in the 1980's is related to the value of the land. He reported the Council's need for due diligence in enforcing the legalities of the City and questioned whether the issues could be separated. • Goetten asked if the applicant wanted to receive approval on the application less the Park Dedication fee. Winston said he would like to receive total approval with the fee being negotiated. Goetten informed him it is the Council's practice not to grant approval when issues are unsettled. 0 Radio said the normal recommendation would be to address all issues and not separate one from the application. Since the application is in preliminary stages, Radio suggested the possibility of escrowing the fee until the amount is settled. Winston said he would be agreeable to that solution. Goetten voiced concern with requests made by other applicants in the future by setting such a precedent. Winston said he feels the fee is not reasonable and has not been told otherwise. Jabbour informed Winston that the Council will be discussing the issue of the Park Dedication Fund in an Executive Session following the regular meeting. He reported that the City is not in the position to negotiate the fee; the fee must be paid in frill or the ordinance changed. 3