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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, February 28, 2011 <br />7:00 o'clock p.m. <br />_____________________________________________________________________________________ <br />  <br />  Page 9 of 13   <br />   <br />10. MAINTENANCE AGREEMENT <br /> <br />Mattick indicated he has drafted a preliminary agreement which, to his knowledge, includes the majority <br />of the items the City Council had requested the agreement cover. Mattick stated to his understanding the <br />City will install the vegetation and pay for the landscaping but that the School District will maintain the <br />landscaping. Mattick indicated there are some outstanding issues, such as the question of who will pay <br />for the vegetation in the event it dies. <br /> <br />Mattick commented he prefers a simple, straight forward agreement when it is between two government <br />agencies. The agreement does contain a mediation provision that will allow the City to address certain <br />situations, such as if the School District states they no longer have the money to maintain the median, and <br />recourse the City then has to address that as well as other unforeseen circumstances. <br /> <br />Franchot asked whether the School District would agree with the word install in the fourth whereas. <br />Franchot noted the School District had made it very clear that they did not want to install the landscaping. <br /> <br />Mattick indicated he has not spoken with the School District about the agreement, but that his intent with <br />that language was that the School District was in agreement with the fact that landscaping will be <br />installed within the median of the road, not that the School District would be installing it. <br /> <br />Franchot commented in his view it is a good agreement and captures the wishes of the City Council. <br /> <br />McMillan stated to her recollection the School District was also going to maintain the roundabouts and <br />recommended language to that effect be included in the agreement. <br /> <br />Mattick indicated language to that effect would be easy to incorporate into the agreement. Mattick noted <br />the roundabouts are located in the median but that it could be spelled out more clearly. <br /> <br />Bremer stated she would like to see a similar list outlining the responsibilities of the City, such as <br />installing and maintaining the hardscape and replacement of trees. <br /> <br />Franchot noted the School District was fine with pruning the trees but that they did not want to assume <br />responsibility for replacing the trees. <br /> <br />Bremer asked how much control the City would like to maintain over the appearance of the softscape <br />portions of the roadway. <br /> <br />McMillan stated she would like the School District to take over replacement of the landscaping except for <br />tree replacement. McMillan indicated she has a concern with snow plowing and snow storage and the <br />impact that could have on the landscaping. McMillan stated if the School District has ultimate <br />responsibility for replacing the landscaping, that would lessen the economic burden on the City. <br /> <br />Franchot asked whether that type of language would change it from a maintenance agreement into a <br />transfer of ownership and that he did not envision the school taking ownership over the landscaped <br />median. <br /> <br /> <br /> <br />Item #02 - CC Agenda - 03/14/2011 <br />Approval of Council Minutes 02/28/2011 [Page 9 of 13]