Laserfiche WebLink
Tamarack being a hidden park and not many people use it which he thought was <br />why the City wants to increase access to it, to get more people to this park. <br />Mr. Freihammer explained the segment on the east side of Tamarack, the City used <br />that same funding source to build that first pathway segment from off of Farrington <br />Street into the playground area. <br />Mr. Culver explained Mr. Anderson did bring up a couple of comments about the <br />fact that based on State Statutes, the City cannot turn a street into a pathway. He <br />explained staff has asked the City Attorney to explore that and they are digging into <br />that and do not agree with that but wanted to check a few other things. He noted he <br />was hoping to get an answer before the meeting, but he has not gotten any <br />information yet regarding this. <br />Mr. Culver explained the particular Statute that Mr. Anderson references is a <br />Statute that provides Council powers for local improvements and the first <br />subdivision, which Mr. Anderson references, is that the "Council or Municipality <br />shall have the power to make the following improvements to acquire, open and <br />widen any street and to improve the same by constructing, reconstructing and <br />maintaining sidewalks, pavement, gutters, curbs and vehicle parking strips of any <br />material or by grading, graveling, oiling or otherwise improving the same, <br />including the beautification thereof and including storm sewers or other street <br />drainage and connections of sewer, water or similar means to curb lines." He <br />explained he has not read the entire statute. He thought that currently City staff does <br />not agree with that position and are trying to confirm it with the City Attorney. He <br />stated certainly the Commission's recommendation, if recommended that this <br />section be amended into the Pathway Masterplan, staff will bring the final opinion <br />from the City Attorney to the City Council for a final decision. He noted that while <br />this is a street right-of-way, there is not an improved street there. He thought that <br />was a part of the equation of this as well. Also, this is not the only access to these <br />properties. <br />Mr. Culver indicated as far as the wetland impacts; the City does have to get a <br />permit from Capital Region Watershed District in order to construct this. <br />Mr. Freihammer noted the City has a permit from Capital Region Watershed <br />District that has been extended because the City has not decided to construct it. <br />Chair Wozniak asked Mr. Culver to touch on the parks policy allowing people to <br />access property using pathways. <br />Mr. Culver reviewed the meeting with the residents that occurred in 2020. He <br />indicated, informally the Parks has an informal policy where, in practice, that if a <br />person wants to access the rear part of their property, that person can call the Parks <br />Department for permission. He noted this would need to be permitted with some <br />provisions. <br />Page 7 of 10 <br />