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MINUTES <br />CITY COUNCIL <br />JANUARY 23, 1991 <br />Scalze pointed out that the City has required these <br />easements as part of other developments. 5calze <br />pointed out that the City retains control of the <br />pathway and assumes liability. <br />DeBace replied that this does not relieve the property <br />owner of liability. The ownership of the property is <br />still retained by the property owner. <br />LaValle stated that his concern was with the cost of <br />maintaining these pathways as well as additional <br />policing necessary. <br />Collova felt that if there were to be a walking path, <br />it should extend from Edgerton all the way through to <br />the park. <br />Scalze pointed out that the problem is that there are <br />existing homes on Edgerton. Again, Scalze felt that <br />this development was no different than others in which <br />the City required the pathways. <br />Collova stated that he did not support requiring an <br />isolated piece of trail. <br />Hanson reported that he discussed this issue with the <br />Mayor of Vadnais Heights who reported that when Vadnais <br />Heights requires a pathway, the developer is required <br />to deed the property to the City. In that way the City <br />carries the liability. Hanson also pointed out that <br />the existing pathway at the end of Ontario Road is only <br />6.8 feet from the foundation of the adjacent house, <br />which Hanson pointed out does not meet the City's <br />minimum setback requirements. Hanson stated that he <br />could not support requiring the pathway given the <br />impact that the liability issue could have on the <br />property owners. Hanson felt that in the future the <br />City should have a policy of requiring developers to <br />deed pathway property to the City up-front. <br />Scalze pointed out that the issue of pathways has been <br />discussed for a long time and is not a surprise to <br />anyone. <br />Scalze suggested that in light of insurance concerns, <br />the City could require the developer to deed over the <br />property for the walkway. <br />The City Planner replied that if the property were <br />deeded, the adjacent lots would become substandard, or <br />the lots would have to be reconfigured and the <br />developer could lose a lot. <br />Page 6 <br />