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.
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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.
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