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MINUTES OF THE REGULAR ORONO CITY COUNCIL <br />MEETING HELD ON APRIL 14,1997 <br />(#5 - #2204 - Fullerton - Continued) • <br />Kelley questioned whether the Council wanted to review how the parks are being funded. <br />He noted another large parcel that would incur similar problems with the amount of fee <br />when developed. He was agreeable to escrowing the fee informing Winston that there <br />would be no guarantee of any reimbursement. <br />Goetten suggested the application be tabled to the next Council meeting as the Council <br />needs to discuss the issues and may not make any changes at this time to the Park <br />Dedication regulations. <br />Winston related that the application was filed 12/23/96 and would like to see the issue <br />resolved without further delay. <br />Radio indicated there would be a length of time involved in analyzing the code as it <br />represents a fundamental shift from the current code. Staff is unable to make any <br />recommendations for a fee other than what is supported by the code. Due to this, Radio <br />indicated the delay is reasonable. He noted the requirement to apply the code in a <br />constitutional manner. <br />Jabbour indicated that while it is not his desire to delay the applicant, any change in the <br />regulations cannot be facilitated quickly. Any determination will affect future <br />applications. is <br />Peterson asked Radio if any current or past applicant could be eligible for a <br />reimbursement if a change was made to the code regarding the funding. Radio <br />acknowledged the high rate of litigation in today's society but raised the argument that <br />any past applicant has waived this possibility when they signed the development <br />agreement. If the preliminary and subdivision has been recorded, Radio said it could not <br />be challenged. <br />Jabbour noted the limited possibility of applications reaching a similar fee. He said the <br />8% fee was reasonable but saw the possibility for setting a maximum fee. Jabbour said he <br />would be in favor of proceeding, with an escrowing of the full fee at this time. <br />Winston informed the Council that he would need 8 -10 days to gather the fee for <br />escrowing. Goetten asked why the decision then could not wait. Radio indicated that <br />the payment is not paid until final approval has been granted. <br />Peterson questioned the turn of events if a motion were to fail. Radio said if a motion to <br />pass were to fail and a motion to deny also failed, it can then be tabled. <br />u <br />4 <br />