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) He indicated that large lots have the same benefits to the open space as small lots. Flint said the Council agreed to the cap on the park dedication fee on the Fullerton Subdivision because of the value being disproportionate but feels this is not the case in the Whitehead application. Flint also reported that the percentage, as indicated by Winston, was not the basis for the Council's decision on the Fullerton example. Winston responded that the matter does not need to be decided at this meeting. Jabbour said he disagreed. Jabbour said he did not wish to use park dedication money to pay for attorney fees and felt the Council should determine now whether the law is good or bad. Jabbour said the matter cannot be handled case by case. He noted that Council Member Goetten has felt the Council was acting in haste in the determination on the park dedication fee for the Fullerton Subdivision. Jabbour said he now believes she was right. Jabbour reiterated that park dedication funds will not be spent on legal fees and will not be negotiated by the attorney. He reported that previous comments were taken seriously by the Council, who have had a subsequent work session addressing the issue. The Council is beginning the process of amending the Comprehensive Plan to focus more on acquiring open spaces and trails. Jabbour said the Park Commission was informed that increased parks and open space will require a funding mechanism be in place. The City will project future needs and funding sources. One of these funding sources is the park dedication ordinance. The City believes the percentage fee is valid • and justifiable. Winston said the requirement is to show the nexus for the fee. He said the offer presented by the applicant is reasonable. Winston thought with decisions made at this meeting and through several phone calls, the issue can be solved without further legal involvement. Jabbour informed Winston that he feels the fee as presented by the City is reasonable. He reported that the proposed parks and recreation plan of the City is different from other cities as Orono's vision includes more open space than other cities. Jabbour said the application can be tabled as he will not negotiate each case of park dedication. Winston said if the subdivision is stopped without escrowing the park fee amount, the Whiteheads are left to decide now whether the fee is fair. Winston said he is not asking for approval but wanted to address the matter on the agenda. He asked that the Council confer with the City Attorney. s 6