06-14-1999 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 • ( #9) #2480 SPRING HILL GOLF CL UB, 725 SIXTH A VENUE NORTH -FINAL PLAT APPROVAL - Continued Crosby said he will leave that language in. Crosby brought up the issue of liability. He asked if the City has indemnified land owners from responsibility for trails granted. Flint said the City has not indemnified land owners for any liability that might occur. The City has told land owners that if it would give them comfort, the City would accept the fee interest in the land rather than an easement. The choice has been left up to the land owner. Crosby said that was his understanding, but if the City has indemnified them in other cases, he would ask for it. Crosby said he understands that all issues have been resolved except for the trail. Crosby asked if, assuming the City and the golf course do reach agreement and assuming there is an acceptable bonding arrangement to the extent needed, does the City Council have the resolutions needed to permit the opening to go forward. Jabbour said they would ask the City Administrator to poll the Council based on the language agreed to and they could probably accept that. Crosby said he doesn't want to get into a position where someone thinks of something later on and there is a legal impediment to opening the course. • Barrett said there is an occupancy certificate needed for the buildings only. Gaffron said he talked with the building inspectors today and neither one of them had authorized issuance of the occupancy certificate. There has been a final inspection and there is a short punch list of things to do. Barrett said that the Conditional Use Permit itself requires that the applicant shall work with the City in establishing trails to be dedicated as described in Exhibit D. He said the Council talked about the bonding situation being acceptable to the City as a resolution of that, and then the CUP is met. The final question is whether or not the plat must be filed first. Crosby said there is a mechanical problem with filing the plat because Medina has to sign off on the plat. Jabbour said he believes Spring Hill has done everything they said they would do except complete the trail. He said if a legal mechanism can be found under which the City is assured of the completion of the trail, the Council would agree to issuing the certificate of occupancy. He asked if the other Council members agreed. They said yes. He said that assuming the building inspector and other City staff give their permission, the Council is willing to delay that part of the agreement which gives the City the right for the trail to be constructed prior to issuance of the occupancy certificate with the understanding we are going to get it and the due • diligence that we have to do to make sure we are going to get it. So the minute my Page 17