10-23-1989 Council Minutes - Laserfiche WebLink

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MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 • HAUSER /LAVER WAYZATA COUNTRY CLUB CONTINUED Councilmember Callahan said that the Hausers in fact have not done everything they were supposed to do. Even though they are not reluctant to provide the easement, they have not done so. Callahan noted that it would make no difference to the Hausers whether the 25' is given in the form of an easement or taken in condemnation. He said that the question that needs to be addressed is whether the City is willing to forego its normal expectations and simply take easements. City Attorney Barrett said that there would be no legal impediment to the City taking less than what it normally takes. He said that the two questions involved would be as a policy matter does the City want to take less than normal, and from a financial standpoint, who would pay for the process of extinguishing the other rights to the easement or condemnation. City Administrator Bernhardson informed the Council that the applicants were "in the driver seat" as to whether this issue can be resolved quickly or not. If the Council requests fee title then whether the process stops or not is up to the persons proposing the development. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to require fee title from both the Hausers and the • Wayzata Country Club. Councilmember Goetten questioned whether it had to be done in combination or could be done separately. Mayor Grabek replied that it could be done separately. Motion, Ayes =3, Councilmembers Goetten and Peterson asked for more time to consider their vote. Councilmember Callahan questioned what time frame would be involved with the motion? Gaffron advised that it will be necessary for the Hausers to have new mylars prepared if they are going to proceed separately. Mayor Grabek asked what the proper procedure would be if a Councilmember wished to change his /her vote in light of the fact that 2 of the Councilmembers had not yet voted? Councilmember Callahan said that the Council would need to make a motion to have the matter reconsidered. Mayor Grabek said that he was compelled to follow the suggestions of the City Attorney as to the best way to proceed and therefore preferred not to reconsider his motion. However, he did want to do whatever he could to minimize any hardship for the Hausers. Councilmembers Goetten and Peterson voted in favor, bringing the total vote to Ayes =S, Nays =O, Motion passed. COUNTY ROAD 116 RESOLUTION #2723 Mr. Bruce Polaczyk of Hennepin County was present for the review of this item. City Administrator Bernhardson explained that at the last Council meeting a public hearing was held regarding this matter •and there were two questions that remained unresolved. One question was where the $65,000.00 estimated cost for the project would come? The $65,000.00 would come from M.S.A. funds in the City's capital budget and would be a substitute for the eventual 17