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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 <br />#1039 ULRICH CONTINUED <br />City Administrator Bernhardson clarified that the issue <br />before the Council is the installation of the pipe <br />within the lakeshore property, not the discharge of the <br />water. <br />Councilmember Grabek asked if any other sources of <br />heating /cooling systems were considered for this house. <br />John Noble stated that they plan a back -up of natural <br />gas included in the geothermal system. <br />Councilmember Grabek stated that he feels the City has <br />been put in a bad position. He stated that he believed <br />the City informed this applicant from the very beginning <br />that they had great concerns regarding the discharge of <br />water into the lake. He noted that a controversy has <br />developed with the negative concerns contained in Dr. <br />Hanson's letter. He recommends halting this project at <br />this time and take extra steps to eliminate the concerns <br />with the discharge. <br />Councilmember Callahan noted that a complete plan has <br />never been submitted by applicant as requested many <br />times by the Planning Commission. <br />Councilmember Grabek asked Acting Mayor•Adams to find <br />out the options available to legally put a hold on the <br />project, obtain additional information regarding the <br />detriment to the lake, and further recommends that this <br />matter be handled through the City's and applicant's <br />attorneys. <br />Attorney Barrett stated that statute provides two things <br />regarding the notice 1) when application is made, the <br />landowner is to provide proof of notice to the Mayor of <br />the City; 2) if application is granted, notice should be <br />served upon the Mayor of the City wherefore the City has <br />30 days to respond. Therefore, an option available to <br />the City would be to insist that the DNR follow the <br />legal process by providing the City with copies of the <br />permit and excercise the 30 day allowance to determine <br />whether or not the permit has been properly issued. He <br />stated that the questions considered in the proper <br />issuance of such permits (which are noted in the <br />statute) are: <br />1) Look at changes in water and related land <br />resources anticipated. <br />2) Look at unavoidable but anticipated detrimental <br />effects. <br />3) Look at alternatives to the action proposed on <br />the permit. <br />5 <br />