10-13-1997 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 CITY ADMINISTRATOR'S REPORT • ( #19) COUNTY ROAD 6 TUNNEL AGREEMENT WITH SPRING HILL COUNTRY CLUB Attorney, Tom Crosby, and Project Manager, Tim Johnson, were present. Moorse reported the plans for the Spring Hill Golf Course include a pedestrian underpass under County Road 6 to connect the north and south sections of the golf course. This requires a culvert to be installed under CoRd 6. An agreement is needed between the City and County through which the City agrees to take on responsibility for the maintenance of the culvert. Prior to entering into this agreement, the City wants an agreement through which these responsibilities would be transferred to Spring Hill Golf Course. Moorse reported that City Attorney Barrett has reviewed the Hennepin County agreement. Jabbour reported that a board member of Spring Hill has suggested the City has changed its position on the culvert issue, but the City has worked with Spring Hill on their fast track planning and knew several issues would require resolution. The City approved plans in good faith that these other issues would be able to be worked out in the future. Jabbour said these particular issues have not been dealt with as of yet. • Crosby said there was a technical issue. The agreement between the City and Spring Hill was made to mirror that of the County. The County did not want to own the tunnel but asked that this be owned by the City. Barrett agreed that the County agreement makes that premise and this agreement mirrors it. Gaffron said he would like input from public works regarding ownership by the City. Gappa said if a problem arose, it would be determined that the City is the owner and would have to assess back any costs; so, whether it says the City or Spring Hill is the owner, the County says the City owns it. Kelley asked what gives the County the right to mandate that the City own the culvert. Barrett said it was discretionary, since the tunnel is under a County road, the County can have that say and mandate it by contract. Kelley then verified that the applicant approached the County regarding the tunnel. Crosby said the County informed him they would not own the tunnel. Gaffron questioned who maintains the tunnel noting this responsibility would be assigned to Spring Hill. Jabbour said any costs incurred by the City would be assessed back io Spring Hill. Barrett said the agreement accepts that premise. Crosby noted that the County has retained the right to inspect the tunnel. 18