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Regular City Council Meeting Monday, October 23, 2023 Page 8 Ms. Lowry indicated staff has looked at that a lot as being unique. It is not an ideal situation how the houses are aligned to the road, etc. because they both face what would be a road had it been built on the right-of-way that was vacated. The City has a couple of ways to take the pathway and try to make it perpendicular to how cars would go in and out of the driveways. Staff tried to come up with a solution too that would bisect the driveways and separate those two. She was not certain that the option would create a driveway for one of the properties where a person could actually maneuver in and out of their garage. Staff has to work through some of those details. Staff has talked through rocks and wooden bollards and planters and moveable things on the edge of the trail. At the last meeting, it was talked about installing plastic bollards that can be removed in the winter with reflective material on it as well. She thought there was an existing issue that the concern might be aggravated by a trail. It sounds like there are cars that are periodically driven down there so regardless of paving a trail or not, that is still something staff is going to look to address with additional signage and possibly some reflectors and things that can be done on the residents' property as well. She thought there were tools in the toolkit that staff could try. Mayor Roe deferred to the City Attorney in relation to liability that the property owners are responsible for. He asked if the City put some sort of City facility in there that is accessible to the public and someone injured themselves in the use of that City facility in the right-of-way, is that the City's responsibility or would that be the resident's responsibility at that time. City Attorney Tierney explained Mayor Roe was right. In the maintenance of the path or if a homeowner were to place an obstruction in the path, in a negligent manner that caused harm, the resident would be responsible for those actions, but the resident would not be responsible for just the fact that there is a path there. It should not increase their liability at all unless the resident actually does something to cause the path to be unpassable or something like that. Mayor Roe asked how the policy will be written for access to the properties. Mr. Johnson reviewed how the City will construct and enforce a policy on access to the pathway. Mayor Roe indicated there was concern by residents about an eight-foot pathway on Wagner and asked staff if there was discussion about a possible six-foot pathway instead. Mr. Freihammer explained there is that option and in light of what staff has learned tonight from the Rolingers when staff confirmed the actual easement width that might become more of an option because an eight-foot path with a ten-foot easement gets a little tight. Staff traditionally wants to put bituminous pathways in