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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1987 <br />#1090 R.W. HOLLANDER CONTINUED <br />City Administrator Bernhardson stated that 'the <br />outstanding removal of a barn on the John Hollander <br />property is not related to this subdivision and it was <br />the opinion of City Attorney Blatz that the barn issue <br />could not be tied to subdivision approval. <br />Councilmember Callahan asked about the status of the <br />hazardous building proceedings on .the barn. <br />City Attorney Barrett explained that there has been a <br />stay issued by the district court which is still in <br />effect preventing any removal of the barn in order to <br />give the Historical Society time to determine if the <br />barn is a historical structure. <br />Attorney Rurik explained that John Hollander is the sole <br />beneficial owner of the property with the barn and is <br />entirely separate from this subdivision and estate. He <br />noted that the City is pursuing the removal of the barn <br />vigorously. He does not feel the removal of the barn <br />can be tied with subdivision approval. <br />Councilmember Callahan stated he understood the <br />argument but was not entirely pursuaded by it. <br />Councilmember Goetten voiced concern with giving final <br />subdivision approval and forgoing the barn removal. <br />Attorney Rurik emphasized that the City had no legal <br />basis to hold off final subdivision approval pending the <br />outcome of the barn removal. In addition, delaying <br />final subdivision approval would be penalizing the other <br />heirs of the estate for something John Hollander is <br />pursuing; in addition to not accomplishing the City's <br />goal to remove the barn. <br />Mayor Grabek stated he understood the concern with <br />getting the barn removed, however, but did not feel it <br />should prevent the subdivision. <br />City Administrator Bernhardson stated that staff has <br />proceeded on the basis of City Attorney Blatz' opinion <br />that the removal of the barn could not be tied to this <br />subdivision. <br />Mayor Grabek felt the City is doing as much as possible <br />to accomplish the removal of the barn. <br />It was moved by Mayor Grabek, seconded by Councilmember <br />Peterson, to adopt Resolution #2273 approving the Plat <br />of Holly Acres 3rd Addition. Motion, Ayes 4, Nays 0. <br />