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Council Meeting Minutes
<br />January 25, 1994
<br />Page 5
<br />Council Business continued - Council Busin
<br />Fulton, said the pazk's 1994 budget provides for $35,000 to be used for grass, trees Innsbruck Pazk
<br />and trails. In 1995, $50,000. will be used to purchase and construct the playground Development Plan
<br />equipment, basketball courts, and pazking azea. Finally,., in 1996, $25,000 would be Report 94-022
<br />used to construct the gazebo, benches, and picnic tables.
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<br />Williams asked Anderson what. is his recommendation for the.. westend trail. system. '
<br />Anderson recommends a 8 ft. wide asphalt trail for the westend access.. - _
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<br />Fulton said the Pazk Board recommended that the trail, installationoccur in 1994. __
<br />However, one possibility is to defer the installation until the subdivision is fully "
<br />developed and traffic patterns are determined.: This is not to, discount the need for ~..
<br />an asphalt trail, and both Fulton and Anderson agree that an asphalt trail is - .:- - .
<br />important for that park..- Samuelson confirmed that if the. trail: was not immediately - .
<br />developed, it would remain a grass path until. its construction in 1996. _~
<br />Benke said on the original plat, that piece. of pazk land on the westend was planned ,
<br />to provide park access for those homes on the westside. Anderson said it was.. the v. _
<br />Pazk Board's understanding that. this. narrow piece of pazkland would be a trail... ._
<br />Bette Johnson, 2889 -:12th, St., , feels. the trails should.. be left. natural, but_if it is ••, _ , ~ _ . "
<br />necessary to install a paved pazkway it should be paved throughout the, trail system. ,
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<br />Dan Johnson, 2851 --12th St: lives. adjacent to the Black. Oak trail access. and noted _
<br />the other accesses varying widths. ~ Placement of the, 10 ft: wide Black Oak access ~ _ _
<br />would put this pathway: l2 inches from~his property line and he noted. liability .
<br />concerns.. The best solution. is.to leave the pathway in its natural state, and hes ; _ _
<br />believes the Black Oak access will become heavily travelled if the. westend access is .~ _ .. _
<br />unpaved. He said that others feel the westend trail's paving should not be delayed.
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<br />,City Attorney Charles LeFevere said the liability issue is not'-reduced by retaining. of •: -_
<br />the grass pathway. To be liable; a property owner_would need to have done some. - _ . ~-.
<br />act or failed to perform some duty which created an unforeseeable risk to someone. -
<br />If someone is harmed because of that negligence; it is possible the homeowner ' ' .
<br />would be liable. A trail would have the same liability as a frontyazd, street or ::, .
<br />sidewalk.
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<br />Rudy Thell, 2021_ -,12th St: prefers the trail be kept in its natural state; but if that ~ - - -
<br />is not possible, he suggest the trail become asidewalk- He feels that emergency=~` -:.,
<br />vehicles could enter the park through the south entrance or the parking lot.
<br />Anderson said the- major distinction between a trail and a sidewalk is that bicycles L . -
<br />aze not allowed on sidewalks; and trails are constructed for both bicyclesand -.-•
<br />pedestrians.... Anderson would not support the sidewalk option. Fulton confirmed
<br />that the City does not require a minimum setback for pazk trails =~ ~ :' --
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<br />Jane Hastings said that herself and other residents were not notified of the trail" " -
<br />system when they purchased their properties: She submitted a document signed by
<br />other residents requesting the" elimination~of the'westend asphalt path; installation of ~ 1
<br />a grassy, narrow path where trails have been ideniified'`and rockwork in the pond. -~ ~'
<br />At last resort, the group would support the delay of the westend trail to a later date-
<br />until atraffic pattern is developed:
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