11-10-1997 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 • ( #3 - #2279/ #2280 Marc and Tracy Whitehead - Continued) those revisions. Staff has met with the applicant and her attorney, and both Staff and applicant are in agreement with the language in the revised resolution in tonight's packet. Gaffron said the applicant is appealing the park dedication fee, which is based on a pre - development fair market value established by City Assessor of $22,000 per acre for 8% of 7.6 acres or $13,376 for the two lots. A letter from the applicant's attorney appealing the fee is included in the packet. Gaffron updated the Council regarding the drainage and screening issue on the back lot and driveway. Gaffron said he met with the neighboring property owner to the southwest. They discussed the need for a berm to solve the issue of headlights shining into the neighboring property's back yard. A letter is included in the packet from that property owner. Gaffron said the applicant's engineer was asked to revise the plan to show the revision for the berm. Gaffron said Greg Gappa has reviewed the roadway drainage system and finds it should be adequate to handle the additional anticipated stormwater from the proposed driveway and home; therefore, no drainage upgrade is being required. The resolution was presented for Council confirmation as well as the question of park • dedication fee appeal. John Winston said Gaffron has addressed the concerns of language in the resolution, and he is satisfied with the resolution as presented. Winston said he has a strong opinion on the legality of the park dedication fee. He distributed a synopsis on the law applicable to the fee. Winston said he has discussed with Barrett cases before municipalities for park land or fee showing the need to show a relationship between park use and any subdivision. He feels the two single family homes will have a negligible impact on the park system resulting in the ordinance being unenforceable and the fee unreasonable. Winston read sections from the State ordinance. Winston proposed a settlement which he believes to be of reasonable amount. He noted, however, that the Whiteheads felt the amount was more than generous and should be less. Winston requested the money be set aside in escrow and discussed in another venue. Jabbour informed Winston that the appeal should result in the application being tabled. Flint agreed with Jabbour. Flint said he is strongly convinced that the fee is appropriate. He opposed the fee amount being placed in escrow. Flint informed Winston that the cost • of parks and open space is not only paid by general revenue but paid by subdivisions.