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MINUTES OF THE REGULAR ORONO CITY COUNCIL <br />MEETING HELD ON NOVEMBER 10, 1997 <br />• ( #3 - #2279/ #2280 Marc and Tracy Whitehead - Continued) <br />Winston said the subdivision has already been approved and conditions must be met but <br />the matter of park dedication needs to be decided by the Council. Winston said he does <br />not like this forum to work out this issue and would prefer the Council confer with <br />counsel <br />Jabbour said changes have already been made in relation to the ordinance. Winston <br />responded that he was not advised of any amendment. Winston said the flat 8% fee <br />based on market value does not meet legal requirements. Kelley said the required fee is <br />lower than a cap would be. Flint said the Council takes into consideration the impact on <br />open space. He noted the $400,000 of park dedication fees already spent on park <br />projects shows a correlation. <br />Winston said there is no record of a correlation between park needs and the park <br />dedication fee. <br />Barrett said that will be addressed as it is valuable to provide as part of the preliminary <br />plat approval. He said the letter provided by staff demonstrates the nexus to the <br />subdivision. <br />Gaffron reported that the language on the revised plat resolution is not in question. He <br />noted the changes were agreed to. <br />Jabbour noted for the record that the meeting, in which the Council discussed the parks <br />and open space plan and the park dedication fee ordinance, was not in reference to this <br />application. The meeting was held to discuss several issues. He said this is not an after <br />the fact matter. <br />Barrett asked to clarify if the question was the amount of the park dedication fee. <br />Gaffron said there had been no change to the park dedication language in the preliminary <br />approval resolution. Gaffron read the language of the resolution pertaining to park <br />dedication noting the applicant did not argue that language. Barrett said he is willing to <br />discuss the park dedication at this time. <br />Winston and Whitehead at this time left the meeting even after being informed that the <br />Council was willing to continue discussing the issue of park dedication. <br />Kelley said he would not approve anything at this time. He would prefer tabling <br />confirmation of changes made to the resolution language. <br />Flint agreed with Kelley though he felt it was a matter of the whole subdivision package <br />including the issue of the road and not requiring changes there. <br />0 <br />