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<br />an indemnification clause that holds the City responsible should the individual try to take action. <br />He stated that he is not excited about this clause for that reason. <br /> <br />City Attorney Goodrich suggested that the City could ask for a permit from the County without <br />the indemnification clause and see what happens. <br /> <br />Councilmember Dehen asked if the reason there is dissent at the County Attorney's office is <br />because this individual works there. <br /> <br />City Attorney Goodrich stated that he cannot comment on that. <br /> <br />Mayor Gamec stated that he feels the City needs to do something to get a trail in the area because <br />of the school. <br /> <br />Councilmember Dehen stated that he is not excited about getting the City into a situation where <br />the residents can be stung for the costs, if there happens to be a lawsuit. He asked if the City had <br />any idea of how much it would be if there were to be inverse condemnation. <br /> <br />City Attorney Goodrich noted that he did not know the costs, but expected them to be minimal. <br /> <br />Motion by Councilmember Look, seconded by Councilmember Jeffrey, to approve the Joint <br />Powers Agreement, as drafted by the City Attorney, without the additional indemnification <br />language, with Anoka County for the construction of a trail along CSAH 5, subject to granting <br />authority to the City Attorney and City Engineer to make any amendments as may be necessary <br />in order to receive final approval from Anoka County. <br /> <br />Further Discussion: Mayor Gamec stated that the City really needs to indemnify the County for <br />maintenance and construction. Councilmember Dehen asked if this project was slated to be <br />completed this fall. Assistant City Engineer Himmer stated that the City had hoped to get it <br />completed before school started. He stated that it is still his hope and desire that if the JP A is <br />agreed to that there will still be time to construct this fall. City Attorney Goodrich stated that <br />perhaps the motion could be amended to allow up to a 50% split on any indemnification. <br />Councilmember Look stated that he would hesitate to amend the motion because the City doesn't <br />know what the actual amount would be. Councilmember Strommen stated that she feels there is <br />a risk that there won't be a trail at all, if the City keeps going back and forth with the County. <br />She stated that she feels there is a need to get the trail in as soon as possible to help create a safe <br />route for the kids. Assistant City Engineer Himmer noted that the plan is to funnel the kids down <br />the trail and have them cross right at the school where there is a crossing guard. He stated that <br />the trail should help stop people from crossing in different locations to try to get to the west side. <br />Councilmember Look asked what the kids have done previously. Assistant City Engineer <br />Himmer stated that the kids are walking along the shoulders. He stated that there was discussion <br />at one of the Public Works meetings in April of 2008 about kids crossing in front of buses and <br />almost getting hit as well as kids crossing other people's properties to get where they wanted to <br />go. Councilmember Look stated that he wasn't sure this behavior would stop just because there <br />is a trail. Mayor Gamec stated that he feels the situation has improved to the south where the <br />trail was put in last year. Councilmember Jeffrey stated that at CR 5 and Sunwood Drive, they <br /> <br />City Council / September 8, 2008 <br />Page 6 of 10 <br />