04-13-1998 Council Packet - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9,1998 cm' ADMINISTRATOR ’S REPORT (#13) OLD CRYSTAL BAY ROAD BIKE 'TRAIL AGREEMENT Moorse reported that the agreement involves the construction of the remainder of the trail to Baker Park and on-going maintenance by Hennepin Parks. The trail will become part of the Hennepin Parks Regional Park System. Flint expressed concern with paragraph 11 regarding hazardous materials calling for the City to indemnify Hennepin Parks. Barrett said the County views the trail as the City s property and wants to be held harmless. Flint noted that the City does not own the property but has an easement. Barrett said technically the person responsible for any hazardous material would be the person who deposited the material on the property. Barrett did not believe the indemnification created any new liability. Barrett felt it was a problem of practicality noting the expense is in proving who did what. Flint agreed with Barrett. Barrett suggested paragraph 5 include the additional statement, "unless mutually agreeable substitute is developed". Jabbour was informed by Barrett that the City would have to be reimbursed if the Highway Department takes the property. Kelley asked what happens if Hennepin Parks' standards change. Flint referenced 6a regarding the scope of the license He feels this would override any change in standards. Flint said 6b indicates the City will have to be notified. Kelley asked what happens if the policy of no plowing changes. Jabbour said Hennepin Parks does not want to change what is occurring in a City. Jabbour said the intent is for the City to learn how to improve trails and encouraged continued dialogue. Barrett felt the County has the discretion to remove snow if they deemed it necessary. Moorse noted the trail connects to the Luce Line which is not plowed Jabbour said the Council has to make a decision and identify goals and objectives. He said he is an advocate for partnerships and all scenarios cannot be projected. Jabbour noted that the Council asked for a minimum document. Kelley said the Council needs to be aware that the City is giving up its rights and giving the County the power. Jabbour indicated that the County has listened to issues of concern Goetten noted that these same issues were discussed in the beginning of the process Jabbour said the issue boils down to whether the Council wants to move forward with the agreement. He noted that Hennepin Parks has made major contributions to the City. Flint commented that major concessions have also been made by the County from the first document, and he favored adopting the agreement.