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HomeMy WebLinkAboutTemporary Agreement with Montana Rail Link for Use of STory Mill supr line trailPage 1 of 2 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Ryan McCarty, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT: Authorize City Manager to enter into a temporary agreement not to exceed one year with Montana Rail Link for the public’s use of the Story Mill Spur Line Trail. MEETING DATE: September 30, 2013. AGENDA ITEM TYPE: Consent. RECOMMENDATION: We recommend the Commission authorize the City Manager to enter into an agreement in substantially the same form as previously adopted last March and as shown here with Montana Rail Link for the Story Mill Spur Line trail for a period not to exceed one year for the continued use of the Story Mill Spur Line as a bicycle path/pedestrian trail. BACKGROUND: During the past six months we, in conjunction with Parks and Recreation, have made repeated attempts to work with Montana Rail Link and Burlington Northern Sante Fe to address a long term plan for the public’s use of the Story Mill Spur. Unfortunately, while MRL appears to be interested in a long term agreement, work on an extension has not resulted in an agreement. The last day of the current lease is September 30, 2013. As such, we request the Commission authorize the City Manager to extend the current lease for an additional year to give the railroads time to determine how they want to proceed. For more information on Story Mill Spur trail and our efforts in the past to ensure continued public access to this trail, please see the Commission Memorandum from March 25, 2013. UNRESOLVED ISSUES: As of the time of publishing this memorandum, despite our efforts, we do not have either a long term agreement to present to you or agreement with MRL to extend the lease. Because of the expiration of the lease on September 30th we suggest that your action on this agenda item be to authorize the City Manager to enter into another temporary agreement with MRL for a period not to exceed one year in substantially the same form as last March. During the next year we will work with the railroads and other interested parties to develop a mutually acceptable long term agreement for the trail until such time as the trail can formally enter into rail bank status. 23 Page 2 of 2 ALTERNATIVES: None suggested at this time. FISCAL EFFECTS: First, the current sublease required no financial contribution from the City to the Railroads for the use of the trail. The temporary agreement does not require a financial contribution from the City to the Railroads for use of the trail and we do not expect the railroads to require financial contribution for another extension. Second, according to Thom White, Superintendant of Parks and Cemetery, the Parks and Recreation Department spends a nominal amount of resources on maintenance of the Story Mill Spur Line each year. The trail is mowed and sprayed once or twice per year on an as needed basis. The Gallatin Valley Land Trust also participates in maintaining the trail including maintenance of the foot bridge over the East Gallatin River and periodically adding fines to the trail. Report compiled on: September 23, 2013. 24