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I I I Council Meeting Minutes January 25, 1994 Page 5 Council Business. continued Fulton said the park's 1994 budget provides for $35,000 to be used for grass, trees and trails. In 1995, $50,000 will be used to purchase and construct the playground equipment, basketball courts, and parking area. Finally, in 1996, $25,000 would be used to construct the gazebo, benches, and picnic tables. Williams asked Anderson what is his recommendation for the westend trail system. Anderson recommends a 8 ft. wide asphalt trail for the westend access. Fulton said the Park Board recommended that the trail installation occur in 1994. However, one possibility is to defer the installation until the subdivision is fully developed and traffic patterns are determined. This is not to discount the need for an asphalt trail, and both Fulton and Anderson agree that an asphalt trail is important for that park. Samuelson confirmed that if the trail was not immediately developed, it would remain a grass path until its construction in 1996. Benke said on the original plat, that piece of park land on the westend was planned to provide park access for those homes on the westside. Anderson said it was the Park Board's understanding that this narrow piece of parkland would be a trail. Bette Johnson, 2889 - 12th St., feels the trails should be left natural, but if it is necessary to install a paved parkway it should be paved throughout the trail system. Dan Johnson, 2851 - 12th St., lives adjacent to the Black Oak trail access and noted the other accesses varying widths. Placement of the 10 ft. wide Black Oak access would put this pathway 12 inches from his property line and he noted liability concerns. The best solution is to leave the pathway in its natural state, and he believes the Black Oak access will become heavily travelled if the westend access is unpaved. He said that others feel the westend trail's paving should not be delayed. City Attorney Charles LeFevere said the liability issue is not reduced by retaining of the grass pathway. To be liable, a property owner would need to have done some act or failed to perform some duty which created an unforeseeable risk to someone. If someone is harmed because of that negligence, it is possible the homeowner would be liable. A trail would have the same liability as a frontyard, street or sidewalk. Rudy Thell, 2021 - 12th St., prefers the trail be kept in its natural state, but if that is not possible, he suggest the trail become a sidewalk. He feels that emergency vehicles could enter the park through the south entrance or the parking lot. Anderson said the major distinction between a trail and a sidewalk is that bicycles are not allowed on sidewalks; and trails are constructed for both bicycles and pedestrians. Anderson would not support the sidewalk option. Fulton confirmed that the City does not require a minimum setback for park trails. Jane Hastings said that herself and other residents were not notified of the trail system when they purchased their properties. She submitted a document signed by other residents requesting the elimination of the westend asphalt path; installation of a grassy, narrow path where trails have been identified; and rockwork in the pond. At last resort, the group would support the delay of the westend trail to a later date until a traffic pattern is developed. Council Business Innsbruck Park Development Plan Report 94-m2