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8.1. SR 06-20-2016 Request for Action To Item Number Mayor and City Council 8.1 Agenda Section Meeting Date Prepared by June 20, 2016 General Business Michael Hecker, Parks and Recreation Director Item Description Reviewed by MORC Agreement Approval Cal Portner, City Administrator Reviewed by Action Requested Approve, by motion, the Memorandum of Agreement between the City of Elk River and the Minnesota Off-Road Cyclists (MORC). Background/Discussion The City Council reviewed at the April 18, 2016, work session recommendations from staff and the Parks and Recreation Commission for a Hillside park plan that includes assistance from MORC. The Council also provided consensus for staff to develop a formal agreement with MORC. MORC is dedicated to gaining and maintaining mountain bike trails in Minnesota and safeguarding the future of mountain biking. They have indicated a strong interest in Hillside, one of the oldest trails in the region. Staff met with the MORC Board on May 11 to discuss and gauge interests in a formal partnership. MORC drafted a formal agreement for city review. The agreement was formally approved by the MORC Board on Monday, June 13, 2016, and was reviewed by the city attorney. The Parks and Recreation Commission held work sessions in May and June to discuss Hillside. They completed a park and trails plan intended to attract a wider range of levels, users, and volunteers to the park, including a paved trail. MORC volunteers have already started a regular work night on Mondays to work on the Hillside Park trails. Not included in the formal Agreement with MORC, but as part of the overall park plan, is to no longer charge fees for Hillside. Financial Impact The technical and maintenance assistance provided at no charge by MORC will save the city money over the long term and be less burdensome on volunteers and city staff. Attachments  MORC Agreement  Hillside City Park Plan Outline  Hillside City Park Proposed Trail Plan Agreement 2016-______ MEMORANDUM OF AGREEMENT BETWEEN THE City of Elk River, MN AND THE MINNESOTA OFF-ROAD CYCLISTS Hillside City Park Singletrack Mountain Bike Trail INTRODUCTION AND PURPOSE The City of Elk River and the Minnesota Off-Road Cyclists (MORC) are interested in promoting mountain biking as an outdoor recreation and fitness activity and in developing and maintaining quality trails for cyclists of all ability levels at Hillside City Park. This memorandum identifies specific projects, including the design and construction of technical mountain bike trail features, trail maintenance, and trail patrol activities, which MORC volunteers have agreed to provide as service to the City of Elk River, establishes the responsibilities and conditions under which that volunteer service will be provided, and delineates the responsibilities of the City of Elk River. SCOPE OF THE AGREEMENT Ownership of Improvements All improvements, constructed on Elk River park lands, shall be, and remain the property of the City of Elk River. All materials, including records, data, and other information acquired, developed or documented under this MOU shall be the property of the originating party, unless otherwise mutually agreed upon by both parties. Term of Agreement The term of this MOU shall start June 20, 2016, and extend through December 31, 2016. The City of Elk River and MORC can subsequently agree to extend this agreement on an annual calendar year basis with the approval of both parties. MORC Volunteers Volunteers assigned to work under this agreement at Hillside City Park are volunteers of MORC and are covered under the policies and procedures of MORC in relation to volunteer organization and management. Volunteers are not employees of or individual volunteers of the City of Elk River, however they will receive training enabling them to represent the relationship between MORC and the City of Elk River. MORC Responsibilities 1. Provide technical support to the City of Elk River in determining the location and design of technical features for the Mountain Bike Trail, consistent with the planned ability level of the trail segment in accordance with the International Mountain Bike Association (IMBA) guidelines. 2. Provide and supervise volunteers in the construction of approved technical features and alignment changes.  Utilize tools owned by MORC, or tools owned by the City of Elk River that may be made available by the designated Elk River parks supervisor.  Technical features and alignment changes must conform to IMBA guidelines and City of Elk River approved designs.  Train and supervise volunteers in appropriate construction techniques in accordance with IMBA guidelines.  Identify a crew leader and submit name to the designated Elk River parks supervisor.  Coordinate work schedule and on-site public notification, when needed, with the City of Elk River Parks Superintendent.  MORC volunteers may use bikes in the on-site planning and testing of technical features prior to official trail opening as coordinated with the City of Elk River Parks Superintendent. 3. Provide volunteers to assist with the inspection and hand-work maintenance of the trail.  Seasonally submit to City of Elk River for approval a schedule identifying minimum timetable for trail observation/inspection.  Ensure that all volunteers have received training in trail inspection and maintenance responsibilities as well as an orientation to the City of Elk River.  MORC volunteers are authorized to sculpt and/or remove downed trees found on the trail tread.  Perform routine maintenance activities. In the event that MORC is unable to safely and promptly address an identified issue that may create an unsafe situation, the MORC volunteer should notify the City of Elk River Parks Superintendent. 4. Use of Chainsaws and Tree Removal by MORC Volunteers.  Only individuals who have been designated as “chainsaw operators” will be allowed to operate chainsaws on Elk River properties. Such designation will only be granted to individuals who have received training in the safe and proper use of chainsaws.  No live standing trees of native species over 4 inches in diameter will be cut without first receiving approval from the designated Elk River parks supervisor. No live Oak trees will be cut or trimmed outside of winter months.  Brush and small trees that are cut should be scattered at least 10 feet off the trail and lopped up so that no portion extends more than 3 feet above the ground.  Large trees up to 12 inches in diameter that fall across the trail may be cut to clear passage for the bike trail but the remaining portions of the trees should be left in place provided it’s safe to do so.  MORC shall notify the designated Elk River parks supervisor when there are fallen trees greater than 12 inches in diameter that need to be cleared from the bike trail. Elk River Parks crews will be responsible for clearing such trees. 5. Provide and supervise volunteers for the purpose of winter trail grooming, maintenance, and inspection.  Routine trail inspection and maintenance shall be conducted during the winter season under the same guidelines specified by the MOU for summer season.  Develop, implement and evaluate winter trail grooming techniques and equipment.  Train and supervise volunteers in appropriate trail grooming techniques in accordance with MORC guidelines for winter trail use.  Identify a crew leader(s) for winter grooming who will maintain timely communication with the designated Elk River parks supervisor. 6. Work with the City of Elk River in developing a routine inspection log report sheet for use by volunteers for the regularly scheduled inspections that will identify desired items for inspection and implement the use of this report sheet in the regular inspection of trails.  Copies of reports should be submitted to the City of Elk River Parks Superintendent. 7. Prior to making any trail alignment changes, submit recommendations to the City of Elk River for any significant trail alignment changes that may contemplated by MORC in carrying out the volunteer duties as outlined in the MOU. Changes that do not need City of Elk River approval are within 10 feet of the existing trail centerline and shorter 50 feet in length. Any planned reroute within 20 feet of a wetland will require City of Elk River approval. 8. Recommend to the City of Elk River for consideration the types, location and language for trail directional, cautionary and informational signs and install (if requested by City of Elk River). 9. A designated MORC representative(s) may make recommendations to the City of Elk River Parks Superintendent as to when to close and re-open trails due to poor conditions or other unforeseen circumstances observed during trail patrol or maintenance activities. 10. Provide trail patrol volunteers (Ambassadors) as an optional service to assist in monitoring trail activities and providing assistance to trail users.  MORC may provide volunteers identified and trained by MORC as trail patrollers to ride and monitor the trail.  Trail patrollers can offer assistance to trail users within the scope of their training and volunteer status under MORC.  Trail patrollers should call 911 for emergency assistance (City of Elk River Public Safety may not be the first response unit to arrive at the scene). To contact City of Elk River Public Safety specifically for non-emergency situations such as, to report suspicious activity, uncooperative behaviors, or unauthorized trail use, call 911 and request to be put in contact with City of Elk River Public Safety Officer.  Trail patrol should be communicated in advance to the City of Elk River Parks Superintendent.  Provide City of Elk River with summary trail safety reports as generated by MORC volunteer trail patrol. 11. Hold Harmless Agreement Each party agrees that it will be responsible for its own acts and the results thereof and shall not be responsible for the acts of the other party and the results thereof. Each party, therefore, agrees that it will assume all risk and liability to itself, its agents or employees, for the injury to persons or property resulting in any manner from the conduct of its own operations, and the operation of its agents or employees under this agreement, for any loss, cost, damage, or expense resulting at any time from any and all causes due to any acts or acts of negligence, or the failure to exercise proper precautions, of or by itself or its own agents or its own employees, while occupying or visiting the premises under and pursuant to the agreement. 12. MORC may not interfere with the enjoyment of park users and must abide by City of Elk River Ordinances. CITY OF ELK RIVER RESPONSIBILITIES: 1. To review and approve design and implementation plans for all agreed to volunteer activities. 2. To purchase materials, if needed, to be used in the construction of approved technical features. 3. To loan hand-tools for construction and maintenance activities, upon request and approval of the designated City of Elk River parks supervisor. 4. To provide City of Elk River maintenance staff support for approved work on a schedule agreed to by the designated City of Elk River parks supervisor. 5. To review and approve recommended technical feature designs, construction schedules and trail maintenance schedules. 6. To recognize MORC’s contributions for trail design, technical feature design and construction and volunteer maintenance support in appropriate signage at an appropriate location in a manner approved by City of Elk River and to be coordinated through the City of Elk River Parks Superintendent. 7. To display a message about the MORC organization and event opportunities in manner approved by City of Elk River at a location approved by the City of Elk River Parks Superintendent. 8. To authorize MORC to have an informational display/booth at the trailhead up to two times per year for the purposes of providing information about MORC memberships and mountain biking events, as approved and coordinated with the City of Elk River Parks Superintendent. Informational displays may also be approved for City of Elk River permitted mountain bike races or events. Requests for a permit for direct financial solicitation (membership sales) must be approved in advance by the city council. 9. To notify MORC of trail closures or events which affect the use of the trail for posting on the MORC website. 10. The City of Elk River will provide chainsaw operator training once per year for staff and volunteers. MORC volunteers are encouraged to attend, but not required. Termination of Agreement This MOU may be terminated by either party upon delivery of 30-day written notice to the other party. Amendment of Agreement This MOU shall not be altered, changed or amended except by written mutual agreement of the parties MORC Contacts Anne Clark, President Graydon Betts, Trail Steward PO Box 19520 Cell: 218.270.8252 Minneapolis, MN 55419-0520 treasurer@morcmtb.org Cell: 612.840.7490 president@morcmtb.org City of Elk River Contacts Parks and Recreation Director Parks Superintendent Michael Hecker Tim Sevcik Office: 763.635.1161 Office: 763.635.1123 Cell: 763.772.5828 Cell: 763.568.3054 mhecker@ElkRiverMN.gov tsevcik@ElkRiverMN.gov Parks Maintenance Lead Josh Baas Cell: 763.202.1057 jbaas@ElkRiverMN.gov Agreement Administration Michael Hecker, Parks and Recreation Director 13065 Orono Parkway, Elk River, MN 55330 763.635.1161 IN WITNESS WHEREOF, the parties have entered into this Memorandum of th Understanding as of this 20 day of June, 2016. City of Elk River Minnesota Off-Road Cyclists 13065 Orono Parkway PO Box 19520 Elk River, Minnesota 55330 Minneapolis, Minnesota 55419-0520 ___________________________ By: __________________________ John J. Dietz, Mayor Title: _________________________ Attest: _______________________ ___________________________ Tina Allard, City Clerk Attest: _______________________ Hillside City Park Plan Outline June 8, 2016 Short Term Objective – Keep Hillside City Park open and maintain the current trails in a safe condition with volunteers working closely with city staff. Long Term Objective – Ensure the park attracts a wide audience with a range of levels and becomes easier to maintain by making the trails sustainable. Strategies: Meet with MORC Board on May 11 to discuss partnership - Partnership approved Formalize MORC Partnership – MORC Agreement now being reviewed by City Attorney, Approved by MORC Board June 13, City Council review June 20 Parks and Recreation Commission Meeting June 8 to review trail system Design Sustainable trail system with assistance provided by MORC Keep the unique character of Hillside in design Include Multi-use interests of biking and walking Include a loop paved trail in the overall design Stacked Loop Progression of Levels Area 1 – Beginner Area 2 – Intermediate Area 3 – Intermediate/Advanced Area 4 – Advanced Recruit and Train Volunteers to assist in the maintenance efforts Include Trail Stewards(Graydon Betts) Dirt Bosses and Patrols as per MORC agreement Hillside Trail Work Nights are now Monday nights at 6:00 pm led by Graydon Betts No longer taking fees for use of Hillside Develop a forest management plan – Close sections 2 and 3 this winter Work with MORC to obtain a trail construction company for new trail design Prioritize construction to areas 3 & 4 Use $30,000 Park Improvement Funds 2016 for construction of new sustainable trails Additional Improvements for future:  Improved equipment storage and working space  Construct a picnic shelter near storage shed  Paved Parking Lot  Review adjacent properties for possible additions and connections  Water Fountain and water station  Develop a signage plan  New park sign and kiosk Allf i O :l T ��� 1. 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