Minutes - Public Works Committee - 11/21/2017

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5. COMMITTEE BUSINESS 5.01: Consider Recommending City Council Approval of Pedestrian Trail Easement Vacation on Lot 6, Block 3, Wildlife Sanctuary Third Addition City Engineer Westby referenced the staff report and explained the purpose of this case is to consider recommending City Council approval to vacate the pedestrian trail easement on Lot 6, Block 3, Wildlife Sanctuary Third Addition. City Engineer Westby reviewed the background and past actions involving this case, noting it is the intent of the City to maintain this pedestrian trail easement with the hope of extending the trail through the easement to connect to existing and future neighborhoods north and west of the subject property. He displayed a map of the dedicated pedestrian trail easement, noting the original alignment, and stated it was thought it would serve the area to the south and west. City Engineer Westby explained that since the pedestrian trail easement agreement was executed, a private party purchased the large property to the north, which was owned by the State of Minnesota and is largely undevelopable due to numerous wetlands and low-lying areas. Staff projects that a trail connection is now much less likely to make a regional trail connection at this point. City Engineer Westby stated the property owners are requesting the City vacate this pedestrian trail easement as they were concerned with one pedestrian wanting to use it for hunting purposes, which made them uncomfortable. He stated staff looked at an alternate trail route and developed a trail map. Parks and Assistant Public Works Superintendent Riverblood stated this situation is an example of everyone intending to do the right thing but then a series of errors and omissions occurred. He explained when the trail was paved through the side yard, it was coming in phases and another area had just received preliminary plat approval. The Master Park and Trail Plan identified this as potentially being a regional trail connection so the City asked for the easement for trail purposes as well as sanitary sewer trunk line. The developer paved the trail but only put an easement on one lot. If not vacated, the resident without the trail easement may ask the City to remove the trail from his private property. Parks and Assistant Public Works Superintendent Riverblood noted the Park and Recreation Commission unanimously recommended the Public Works Committee recommend vacation of the trail easement to the City Council. He pointed out the location of the lift station and sanitary sewer easement associated with the adjacent lot, which is already encumbered so the property owner could grant an additional layer of use as another alternate. However, staff does not recommend pursuing that option as it would be premature. City Engineer Westby stated staff supports this vacation request and has identified an alternative pedestrian trail connection route should future conditions align to warrant exploring a trail connection from the Wildlife Sanctuary subdivision to the north and/or west. He pointed out that if the easement is vacated, the underlying platted drainage and utility easement would still exist. The City Council will consider this on November 28, 2017 and if approved for vacation, the cost to do so would be with the City. Public Works Committee / November 21, 2017 Page 2 of 16