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Councilmember McGlone asked where is the current property owner. <br />City Engineer Himmer replied the current property owner is absent. He is in the military and <br />located in Hawaii. Mr. Dvorak stated the home is in short sale and vacant. <br />City Engineer Himmer stated the City could continue to use the easement and place a manhole <br />on the property line. He stated it will be a long time before all of the land behind the property is <br />developed. He stated what is important is preserve the trail for pedestrian. <br />Councilmember Elvig confirmed that the sewer is on a utility easement. <br />Public Works Director Olson replied the City has the right to be there for utility purposes that is <br />why the trail was built. <br />Councilmember Elvig stated the trail is an asphalt surface over the utilities. <br />Public Works Director Olson replied the City does pave over utilities. He stated this trail was <br />not intended for pedestrian use. <br />Councilmember Elvig stated this will be a recreational trail, but the City cannot build a <br />recreation trail over utilities. <br />Public Works Director Olson replied the City can build the trail but not list it as a recreational <br />trail because there is not a trail easement. His concern is that the trail has to go somewhere and <br />if the home owner puts in a fence. He recommended the trail be straightened out and put on the <br />lot lines. <br />City Engineer Himmer stated Mr. Dvorak is looking for an agreement tonight and he believes <br />Mr. Dvorak has made a reasonable request. <br />Councilmember McGlone stated the corner of the lot is wetland. He asked if the City would <br />have to replace the wetland at a rate of two to one. <br />City Engineer Himmer stated the City can pave a trail into a wetland for maintenance access to a <br />utility. <br />Public Works Director Olson stated the trail easement is to the corner of the property, not <br />constructing the trail to the corner of the property. He stated the proposal is contingent upon the <br />easement. The City would help Mr. Dvorak with the easement documents and the City would <br />retain the rights for drainage and utilities. <br />Councilmember Elvig proposed the following contingencies: <br />1. The City has trail easements for both properties. <br />2. The City retains and reemphases the utility across the properties in the deed. <br />3. The City has access granted at any time for any reason to the trail and utility. <br />Public Works Committee / February 21, 2012 <br />Page 3 of 12 <br />