Agenda Packet Cc - regular meeting 8/8/1988

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 been. He does not feel there is any need to financially support Minnetrista. He would like to see the City initiate another lawsuit using separate counsel so it will. emphasize the fact that there is multiple concern. The basic issue is whether or not the Council thinks opposing the condemnation proceeding is cost worthy. Mayor Grabek thinks that the issue does need to be addressed. The question is why►t method of action would be most economical. He is uncertain whether the citizens of Orono would have enough interest to warrant spending money on a legal battle. He does not feel that this issue takes financial priority. Mayor Grabek would like to take some form of action that lets the Courts know the City of Orono has an interest in this without proceeding in a full scale lawsuit. City attorney Barrett stated that there would be a conflict of interest if lie were to provide the City with a letter to that effect. He feels that the Resolution of Support is a good vehicle to show the Court there is interest on behalf of the City. The City could also as a second option, send a representative to sit_ in Court and indicate that the City does not wish to intervene at this time, but is concerned. The third option would be to join with other concerned cities and file an amicus curiae brief highlighting the main issues. A fourth option would be to join in the existing lawsuit. Mayor Grabek asked for clarification of an amicus brief. Councilmember Callahan explained that its effect is that the City would appear to support one side or the other, without actually being a party to the lawsuit. It provides the opportunity to formally argue the City's position to the Court. Mayor Grabek opined that this would seem to be the best way to insure that. the City is apprised of developments in this matter. Councilmember Callahan stated that he would like to see the City try to involve other cities in drafting an amicus brief. Mayor Grabek agreed by stating these should be a letter drafted from the Council and Mayor to the affected communities suggesting such an action. City Administrator Bernhardson pointed out that there was an upcoming meeting at Mayor Smith's home that would provide the opportunity to discuss this proposal. Councilmember Goetten believed that a formal letter should be sent. She expressed her extreme concern over this issue and is happy to see that action is being taker.. It was moved by Mayor Grak:ek, seconded by Councilmember Goet{ en, to instruct the City to draft a letter from the Mayor and Councilmembers to the appropriate adjacent cities suggesting an amicus brief strategy and requesting a response thereto. Motion, Ayes=4, Nays=0, Motion passed. WATER CONSERVATION REGULATIONS AND GUIDELINES RESOLUTION i2479 - ORDINANCE 53, SECOND SERIES City Administrator Bernhardson stated that the Council had asked the City to provide some language to put into effect an ordinance to regulate water usage. City Attorney Barrett submitted an ordinance for adoption. Bernhardson would like to add language that would give tr:e Administrator the authority to determine conservation requirements involving the City water system. lie stated that there are situations in which an immediate restriction may be mandatory. This amendment would have to be ratified, if a(.ce•ptable, at the next Council meeting. The City has drafted a Resolution 10