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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 <br />FOREST ARMS PURCHASE AGREEMENT CONTINUED <br />Councilmember Peterson felt, that it was not an oversight <br />through discussions with several Councilmembers and <br />others that were involved in the purchase agreement. <br />She felt that the Forest Arms Homeowners Assocation <br />asked for the change, therefore, should pay the legal <br />costs. <br />Councilmember Goetten stated that although she felt the <br />matter was somewhat confusing, in the best interest of <br />the City, the person(s) that requested the change should <br />pay the legal costs. <br />Acting Mayor Callahan stated that based on the serious <br />history of conflicting ownership he felt the change was <br />necessary and that the City's Finance Director <br />instigated the change in order to enforce the payment. <br />City Attorney Blatz stated that she would have the <br />legal fees charged reviewed. <br />It was moved by Acting Mayor Callahan, seconded by <br />Councilmember Sime, to approve the contract <br />modifications and the City pay the legal fees involved. <br />Motion, Ayes 2, Nays 2. Motion tied. Councilmembers <br />Peterson and Goetten voted nay. Councilmember Peterson <br />stated it was in the City's best interest to get their <br />money as soon as possible, therefore, would not vote to <br />change the amounts to a pro -rata amount. <br />4545 WAYZATA BOULEVARD <br />City Administrator Bernhardson explained the issue of <br />determining if the- City wants to undertake the process <br />to create a public easement across the railroad to <br />provide access to 4545 Wayzata Boulevard and other <br />properties in the area. He stated that the Slaughters <br />were turned down by 13 different mortgage insurance <br />companies, and were finally able to obtain permanent <br />financing from the 14th based on a favorable opinion <br />regarding the access and have undertaken their <br />construction at this time. The Slaughters, however, <br />feel that the issue regarding access remains and would <br />like the Council to again address it. <br />Jane Slaughter stated that she is pursuing this matter <br />of easement for all four homeowners affected, however, <br />she noted that the other homeowners feel the Slaughters <br />will resolve the problem for them and have not actively <br />been involved. <br />21 <br />