11-24-1997 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24,1997 . ENGINEER REPORT ( * #8) CHANGE ORDER NO.3 - NORTH BROWN ROAD Peterson moved, Flint seconded, to approve Change Order No. 3, Brown Road North MSA Project to substitute at no change in cost concrete valley curb and gutter for B618 concrete curb and gutter. Vote: Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT ( #9) SPRING HILL GOLF CLUB - TUNNEL AGREEMENT Spring Hill Golf Club Attorney, Tom Crosby, and Project Manager, Tim Johnson, were present. Gaffron reported that Spring Hill representatives have initiated contact with Hennepin County regarding the possibility of a direct agreement between Spring Hill and the County for the County Road 6 tunnel as opposed to the'City entering into a cooperative agreement with the County regarding responsibility for the tunnel, and applicants agreeing to accept all reassigned responsibilities via a similar agreement between Orono and Spring Hill. This would eliminate the City acting as the "middleman" between Spring Hill and the County as is stipulated in the conditional use permit. The County • Attorney has reviewed the request and feels the culvert should be in public ownership but is open to hearing from the City as to what they desire. Jabbour said Council Member Peterson had expressed a concern regarding whether the issue should be reviewed by the full Council. Crosby explained the reasoning behind this request. He indicated that it had been understood that the manner in which the tunnel could be built and operated had to be as agreed on. When discussing other issues, it was found that the same responsibilities would be required whether the contract was with the City or the County. It was determined that there were other circumstances in the County where underpasses have been constructed and maintained without city involvement but done directly with the County. Crosby said he contacted the County, who said they did not want to get into a political maelstrom with the City. Crosby told them he would speak with the City regarding this possibility. Crosby said from Spring Hill's standpoint, it was a legal concern whether the County has the ability to assess if Spring Hill does not perform what was set out to be accomplished. It was found that there is a policy in place that allows this to occur. The agreement will remain the same. Crosby said he does not feel strongly about the ownership of the tunnel viewing it as a technical issue. �J