03/02/1999 Council Minutes - Laserfiche WebLink

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• SPECIAL COUNCIL MEETING MARCH 2, 1999 property. This leaves them open to liability issues. The Council does not understand the situation. The Council should pursue the alternate access through Mallard Lane. The second homeowner said that he can say that there is no access since the land is private property. He felt that unless it is your property, it is easy to say there should be access. The property is private. The easement was drafted saying that the property is not open to the public. This is a rekindled situation. People do not understand that his property meets the first owners property. There is no easement or lane through the outlots. Audience comment; the Council is talking about the "common good" of the community. The Council was asked to value the rights of the property owners first. Audience comment; when I purchased my property I was not told that the trail and outlots were private properties. This homeowner felt that there are legal obligations +a fulfill. The property owners have a legal document that commits to certain things ether=it is right or wrong, they have a legal document. Audience comment; the root of the "blowup" is the fence. All e pathize with the adjoining landowners but there is also a large number of Re • ®le who want to go with the alternate trail location. The discussions should not becometained" with the threat of a fence. Council Member Lyden felt that t take all the time that is necess neighbor against neighbor Audience commen trail. Press nsto be no right or wrong. The Council will e a just decision. He asked that this not become a i is '' nposition on the two (2) lot owners adjoining the current t be placed on them. Mayor Sullivan sat that the Mallard Trail should go forward and she was looking to the RLHA to resolve the current trail situation. There are two (2) property owners in the "hot seat". The seconded lot owner said that he has already agreed to a short term access to the trail without a fence. He has additional insurance coverage to cover any liability issues. He noted that Mr. DeGardner was going to ask the City Attorney if the City could assume some of the liability. Mayor Sullivan explained that the only way that can happen is for the City to assume ownership of the trail. Mayor Sullivan describe the Mallard Lane trail. There are some grant dollars available and the City has submitted an application for funding the new trail location. • Audience comment; children go to the middle school through the current trail and the golf course road. What will happen during the hunting season? Will the Mallard Lane Page 3