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ones in there and plan for that, eventually, but it does not preclude staff from putting them in other areas. Member Spencer indicated he had a couple comments around the proposed Tamarack pathway. He asked if there was anything else considered besides running it, reading the comments from the residents and the little dirt pathway that people are expected to use, was there any consideration given to Wagner Way, the alleyway connector north of there. Continuing that to allow for people to access behind their houses and then connecting Tamarack Park into something like that or is it just the pathway was going to go down the dirt path that exists because that was what was convenient. He thought that was where the City saw most of the resistance from the residents. Mr. Culver explained there is a green line on the top of the map that shows the private alley, which is in a public right-of-way, but it is a narrower right-of-way corridor and right now it is only wide enough for the alley itself, which is providing the vehicular access to those homes back there. He reviewed this is the point that connects the neighborhood and gives reasonable access to the Tamarack pathway from that neighborhood. Vice Chair Ficek was curious if the City did not put a path in that area would the dirt path remain or does the City have to do something else. Mr. Culver explained it is clearly in violation of City Code and he struggles with it a little bit. City Code is very clear in that any vehicular access that is frequent enough to cause rutting, which clearly there is rutting on that pathway, and erosion, then it must be paved. There cannot be a vehicular access to a property that is used frequently enough to have those issues and not pave them. He indicated this is clearly a defined route and per City Code the City should require that this access be paved and the benefiting properties would pay for it and would become a private access. Mr. Culver explained the other complication to that is in 2017 the City actually vacated a portion of the right-of-way that connected the East/West portion of Wagner Street to the properties. He indicated that is all private property and is not right-of-way anymore. That vacation occurred at the request by petition of the property owners who had sheds and were storing their boats and other material in the right-of-way. There is really no legal public access between Wagner Street and the homes along South McCarron's. Vice Chair Ficek asked if the residents could theoretically block off the road so it would not be accessible by the public because this is a private road for the residents. Mr. Culver indicated that could potentially happen, but it is still in a public right- of-way. Page 3 of 10