09/25/1995 Council Minutes - Laserfiche WebLink

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COUNCIL MEETING SEPTEMBER 25, 1995 Council Member Elliott moved to adopt Resolution No. 95 - 129. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 129 can be found at the end of these minutes. Consideration of Accepting Easements for Drainage, Utility and Roadway Purposes on Marshan Lane - Ms. Wyland explained that Mr. Mike Winge has requested a permit to construct a new home on a parcel of property on the south side of Marshan Lane. It has been determined that the street and cul -de -sac serving this parcel, the existing Winge home and the Raymond Rehbein home on Marshan Lane have never been dedicated to the City. Staff is requesting that Mr. Winge provide a quit claim deed to the City for the right -of -way. Acceptance of the quit claim deed would be considered a "housekeeping" action by the City Council. Council Member Kuether moved to accept the easements as outlined above. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF TRANSFER AND INDEMNIFICATION AGREEMENT WITH THE FRIENDS OF THE PARKS FOUNDATION, MARTY ASLESON Over the last two (2) years, the Friends of the Parks Foundation has received several contributions for parks and recreation programs. Since the Foundation carries no personal liability insurance and are community volunteers, concern was created by the possibilities of exposure from accidents that may occur as a result of acceptance of the donations. After investigating how other non - profit groups similar to the Foundation have handled similar matters, it was decided that the state laws concerning immunity for public non- profit support groups covered their exposure. In addition, the Foundation wishes to carry this a step further and modeled a Transfer of Property and Hold Harmless Agreement similar to the City of Little Canada's non -profit group procedure. The Hold Harmless Agreement has been reviewed by the City Attorney and found to be satisfactory and proper. The City Attorney has recommended that the City inspect donations prior to accepting the transfer of ownership. A copy of the City Attorney's recommendations are part of this "green sheet ". Agreements transferring donations to the City from the Friends of the Parks Foundation were also attached to the "green sheet ". The donations include playground equipment for Wenzel Farms Park, an irrigation system for Sunrise Park, a six (6) foot long park bench for LaMotte park, and 12 concrete picnic tables for Country Lakes Park, Birch Park and Wenzel Farms Park. Council Member Elliott moved to accept the Transfer and Indemnification Agreement with the Friends of the Parks Foundation. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 8