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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday, February 24,2020 <br /> 6:00 o'clock p.m. <br /> country ski through but narrow enough that it would deter a snowmobile and four-wheel drive vehicle, <br /> which is what tends to cause the most damage to the island in the wintertime. <br /> Johnson asked if everything the City puts in on the island is subject to the perpetuity in the contract.For <br /> example, if a park bench is put there,how long is it required to be there and maintained. <br /> Edwards said the main restriction that the DNR requires on the deed is that the property remains a public <br /> park in perpetuity. It does not name specific items or structures.The intent is the City continues to <br /> maintain the island and park, but it may change over the years.The DNR can inspect things and make <br /> sure everyone is living up to their part of the agreement. <br /> Johnson stated the City is giving up some rights by entering into the agreement and he is wondering if <br /> dumbing down what the City does,as far as the grant goes,might make sense.For example, if the City <br /> just takes money for trails, is that the only thing they are bound to maintain until the DNR says otherwise. <br /> Mattick indicated the agreements say"shall be managed and maintained for public outdoor recreation <br /> use."If funds are used for a park bench, it does not mean the City is agreeing to have a park bench there <br /> forever.The City is agreeing to keep the area for the public forever and ever.The DNR will give the City <br /> the $200,000 but the City is saying they will maintain the property. <br /> Walsh noted the City also committed to that on the master plan of buying the island. The management <br /> plan says the City has to do all of that. <br /> Johnson said the agreement is very vague and he was expecting more detail. The City does not know how <br /> this will go with the bathrooms and everything else,and he is not comfortable agreeing into perpetuity for <br /> things like bathrooms and shelters.Every year something could happen to these indestructible bathrooms <br /> and all of a sudden, the City says it is ridiculous, because a lot of people outside of the City are going to <br /> be using this resource.He does not want the City to get into something that binds them to be <br /> management. <br /> Crosby indicated the City is not held to replace anything. <br /> Mattick said the City is guaranteeing that the land will be held in public trust,not guaranteeing there will <br /> be a toilet out there for the next 100 years. <br /> Johnson asked whether the City could say they would not maintain the ADA-compliant trails because <br /> they are too hard to maintain. <br /> Mattick said once you have trails and upgrade them to be ADA,the ADA has certain requirements. If you <br /> own public property, you have certain obligations as far as the ADA. <br /> Johnson asked whether the City was under that jurisdiction at this time on the island. <br /> Mattick stated the ADA is a federal law. <br /> Walsh indicated that there is a public facility there and technically the City needs to have ADA facilities. <br /> Crosby added the City is probably not in compliance at this time. <br /> Page 7 of 15 <br />