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J I I Council Meeting Minutes March 22, 1994 Page 3 Soecial Order of Business. continued Robert Comer, 2910 Valley View, has lived at this location for 21 years and has not been notified of the project. He ask if there is a State Statute that requires property owners be notified of improvements to adjacent properties. City Attorney Charlie LeFevere is unaware that this project requires notification, but noted that other government improvements require public notification. Benke added that public notice is required when assessments are involved. Comer feels the trail should follow the natural waterway. Larson noted a trail located behind Erin Court and Mississippi St. which follows the sidewalk and eventually runs along Rice Creek into the park. Comer cannot comment about that trail because he is unfamiliar with it, but feels this trail would invite children to an area where accidents could occur and lead to lawsuits against the County and City. LeFevere said a person could make a claim against a property if its owner was negligible in maintaining the pathway around the tracks. Benke noted that a risk could be identified anywhere there are streets and sidewalks. Comer feels that placing the trail on Mississippi St. is a much safer alternative. Dan Madvig, 245 - 17th Ave., supports the trail, but feels those living adjacent to the trail should have been notified. He is not overly concerned of the safety aspect because these are slow moving trains, but hopes that a better option could be determined for crossing Silver Lake Road. Persons utilizing this type of trail would not litter or damage adjacent properties. Michael Widseth, 3001 Co. Rd. H., lives on the very end of the trail and noted concern regarding homeowner liabilities and the Silver Lake Road crossing. He would use the trail, but would not let his children use it unsupervised. He prefers the Rice Creek or Mississippi St. options, and asked if the Armory portion did not go forward would this affect the New Brighton section. He requested installation of a fencing barrier if the trail was installed. Tom Devine, 1466 - 17th St., supports the trail, but feels the County should provide fencing. He feels people utilizing the trail would not vandalize adjacent properties, and suggested a traffic signal be installed at the Silver Lake Road crossing. Mr. Bellis noted that the proposed trail would be a four function trail. LeFevere commented that the possibility now exists for someone to wander off the railroad tracks and become hurt. A property owner is only responsible for damage to someone if the property owner intently created a hazard on the property. He feels the trail would not pose any more of a risk than a person's frontyard. Mr. Comer stated the term "attractive nuisance" which could cause a landowner to become liable. Larson noted a incident some years ago in Delano where several children were killed on a railroad ROW. Because these children were killed between the fence and railroad tracks, the Delano Jaycees worked to address the fencing issue. He suggested that staff speak to Delano representatives about this issue, and noted that the New Brighton trains travel much slower that the Delano trains. Special Order of Business Rice Creek Trail Report 94-066