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MINUTES <br />CITY COUNCIL <br />SEPTEMBER 12, 2007 <br />The Administrator reported that the City has been requested to release the <br />escrow based on the closure letter that was issued. The City Administrator <br />felt that the closure letter did not meet the terms of the purchase <br />agreement; therefore, the escrow should not be released. Oasis would like <br />to use the escrow funds to pay the contractor for the cost of the tank <br />removal. The Administrator also reported that the City was served today <br />with a mechanic's lien for the cost of the tank removal. <br />The Administrator reported that he has discussed the release of escrow <br />funds with the City Attorney, who concurs that the City should not release <br />the funds as the conditions of the purchase agreement have not been met. <br />The Administrator also indicated that there is some uncertainty about the <br />validity of the lien as a public entity cannot be served with a lien. <br />The Administrator reported that he and the City Attorney are <br />recommending that the City serve Oasis with an Objection Notice to <br />Release of Escrow, as well as notify them of the City's intent to undertake <br />the remediation work. The Administrator indicated that the City must take <br />action to protect its position; even through the remediation work may not <br />be a big issue. Oasis will then have a response time to that notice. Further <br />research will be done relative to the mechanic's lien. <br />Mr. Keis introduced the following resolution and moved its adoption: <br />RESOLUTION NO. 2007-9-227-AUTHORIZING THE CITY <br />ADMINISTRATOR AND CITYATTONREY TO SERVE OASIS WITH <br />NOTICE OF OBJECTION TO RELEASE OF ESCROW FUNDS AS <br />WELL AS THE CITY'S INTENT TO COMPLETE SITE MEDL4TION <br />WORK AS AUTHORIZED UNDER THE TERMS OF THE <br />PURCHASE AGREEMENT FOR THE PROPERTY IN QUESTION <br />The foregoing resolution was duly seconded by McGraw. <br />Ayes (5). <br />Nays (0). Resolution declared adopted. <br />ASSOCIATION The City Administrator reported that the Association of Metropolitan <br />OF METRO- Municipalities has approached the City relative to membership in their <br />POLITAN association. It was noted that 2008 dues would be $3,754. It was the <br />MUNICIPALITIES consensus of the Council that given the City's budget situation, the cost of <br />this membership was not appropriate at this time. <br />EXEMPT Mr. Blesener introduced the following resolution and moved its adoption: <br />GAMBLING <br />PERMITS - ST. RESOLUTIONNO.2007-9-228 -APPROVING EXEMPT <br />10 <br />