Agenda - Public Works Committee - 03/20/2012

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Councilmember McGlone asked if the neighboring property is willing to have the trail on the property line. Chairperson Backous replied the City needs to have a contingency. Public Works Director Olson stated if the contingency is not obtained the trail will remain where it is. Councilmember Elvig stated the trail should be listed as a recreation trail. City Engineer Himmer replied once the recreation trail is recorded the City has the right to be there. Mr. Dvorak stated he has not talked to the neighboring property owner about an easement. He stated he could not guarantee the owner would sign the easement. Councilmember McGlone commented that Mr. Dvorak is getting a deal on the house because of the situation. Public Works Director Olson stated he believed the neighboring property owner was in favor of the trail. Mr. Dvorak stated the neighbor uses the trail to back his trailer into the backyard. Chairperson Backus stated he agreed with Councilmember Elvig's contingencies. Councilmember Elvig recommended that Mr. Dvorak talk to the neighbor. Shawna Dvorak, prospective property buyer of 15620 Krypton Street NW, asked why they would have to get permission from the neighboring property owner if the trail is put in. Councilmember Elvig replied the City would have to purchase the rights to put in a recreational trail from both property owners. Public Works Director Olson stated the City would benefit by not having to purchase easements for a recreational trail. City Administrator Ulrich stated the property is private property and the owners can post a sign as such. He stated there is no guarantee the City would purchase trail easements. Councilmember Elvig asked if the landowner could take out the trail themselves. Public Works Director Olson stated the property owner could take it out, but the City could put it back in and charge the property owner. Public Works Committee / February 21, 2012 Page 4 of 12