Sagebrush Cantina owner Dia Zaraga and the Lake Orion Village Council are closer to allowing Zaraga to have an enclosed double-Dumpster placed on village property.
However, the agreement won’t be approved until a survey of the property is complete.
The board reviewed a draft license agreement prepared by Village Attorney Gary Dovre at the Sept. 25 meeting.
Dovre suggested that the enclosed area include a partition between the two Dumpsters, with separate doors, one of which Zaraga would have a key for, and the village would have the other.
Dovre said he purposefully did not put a date of termination in the license agreement.
‘It continues until it’s terminated,? he said. ‘It automatically terminates if (Sagebrush) is sold, unless the new business agrees to maintain the same.?
Council President Pro Tem Ken Van Portfliet said he would like to see a date of duration included in the agreement, so it could be subject for review.
‘I don’t recommend that kind of agreement,? Dovre said. ‘The village could terminate it if there’s a breach of any of the requirements. I can add a review provision.?
In the agreement, Sagebrush would construct the enclosed facility and maintain it, as well as the Dumpster. The village would administer the other Dumpster to area businesses.
Village Manager JoAnn Van Tassel said the village did not have to approve anything that evening.
‘It was never intended you’d be asked to adopt this without all of the pieces being there,? she said, referring to a survey of the property to determine if the double-Dumpster enclosure would fit.
Zaraga said his architecture firm was currently working on the survey and he expected results soon.
Zaraga said he wasn’t aware the Dumpsters would be separated, and that he wasn’t sure if it was fair to require him to build and maintain the enclosure.
‘It seems to me, it’s on village property without compensation, and freeing up parking space (in Sagebrush’s lot),? said Dovre.
Council President Bill Siver said that wasn’t a fair assessment.
‘We’re trying to help the guy open,? he pointed out.
Van Tassel didn’t think it was good public policy to allow a private owner to allow other private businesses to use a facility.
‘The village is left holding the bag,? she said of that scenario.
‘The village, in essence, is trading off half of the value of the land for half of the (enclosure) of the Dumpster,? said Van Tassel.
‘The ball is in your court,? Siver told Zaraga.