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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, February 24, 20 20 <br />6 :00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 7 of 15 <br /> <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 /> <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 benc h is put there, how long is it required to be there and maintained. <br /> <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 /> <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 /> <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 /> <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 tha t. <br /> <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 /> <br />Crosby indicated the City is not held to replace anything. <br /> <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 /> <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 /> <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 /> <br />Johnson asked whether the City was under that jurisdiction at this time on the island. <br /> <br />Mattick stated the ADA is a federal law. <br /> <br />Walsh indicated that there is a public facility there and technically the C ity needs to have ADA facilities. <br /> <br />Crosby added the City is probably not in compliance at this time.