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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, July 13, 2009 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />PAGE 11 <br /> <br />*12. PAY REQUEST NO. 1 – STONEBAY BOULDER DRIVE WETLAND CORRECTIONS <br /> <br />Murphy moved, Bremer seconded, to approve Request for Payment No. 1 for the Stonebay Boulder <br />Drive Wetland Corrections Project, Sunram Construction, Inc., in the amount of $37,869.33. <br />VOTE: Ayes 5, Nays 0. <br /> <br /> <br />13. APPROVAL OF MOLLY’S CORNER ACCESS AGREEMENT <br /> <br />Gaffron stated approximately three months ago an agreement drafted by the Watershed District was <br />completed, which requires the City complete a variety of items. The City Attorney has reviewed the <br />agreement and in the last month or two, there have been some discussions back and forth regarding Item <br />No. 2, which says that “The City will not disturb the Project elements or make use of the Project area in a <br />way that is inconsistent with the maintenance and health of the Project elements.” <br /> <br />Staff did not feel that was reasonable to obtain written permission from MCWD to use City property, and <br />the City Attorney suggested eliminating the “written consent” clause but keeping the “will not disturb” <br />language. In addition, the City Attorney recommended that language be added clarifying that the City has <br />sole discretion regarding continued public use of the site. <br /> <br />Gaffron stated the City did receive word from the Watershed District that that language is acceptable, and <br />Staff is recommending that the version dated 7-9-09 be adopted. <br /> <br />McMillan asked whether the City twenty years from now would have the ability to change any elements <br />of the project. <br /> <br />Mattick stated twenty years from now the City can do that and that the agreement is basically for ten <br />years. <br /> <br />McMillan commented it is her understanding the City would be able to work with the Watershed District <br />on any issues that may arise in the first ten years. <br /> <br />Franchot asked if there is a reason why a sunset date is not included in the document. <br /> <br />Mattick indicated there is by the nature of the contract and that it follows the maintenance agreement with <br />Hennepin County. <br /> <br />McMillan moved, Franchot seconded, to adopt the 7-09-09 version of the Access Agreement for the <br />Molly’s Corner project. VOTE: Ayes 5, Nays 0. <br /> <br /> <br />CITY ATTORNEY’S REPORT <br /> <br />Mattick had nothing to report. <br /> <br /> <br /> <br /> <br />Item #02 - CC Agenda - 07/27/09 <br />Approval of Council Minutes 07/13/09 <br />[Page 11 of 12]