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AGENDA ITEM <br /> <br />Prepared By: Reviewed By: Approved By: RJO <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. The purpose of this action item is to confirm/clarify Council direction on the marking of the <br />public access in the Smith Avenue Right of Way (ROW) to the Luce Line Trail. <br /> <br />2. Background. As part of the 2020 Streets Project the city constructed a gravel trail in connecting the <br />end of Smith Avenue to the Luce Line Trail. The trail was constructed within the existing Smith Avenue <br />ROW. Prior to construction the abutting property owner provided an easement that allowed for a cul-de- <br />sac to be constructed in lieu of the previously planned hammerhead turnaround. The cul-de-sac location <br />resulted in the shortening of paved portion of Smith Ave and an extension of the trail further south. The <br />trail head is marked with two marking posts consisting of upright 4x4 posts, one on each side the trail <br />with an embedded plates to indicate the space between the posts if public and any of the prohibitions, in <br />this case motorized vehicles. Unfortunately the marking of the public access has resulted in threat of <br />litigation by the abutting property owner. A summary timeline follows: <br />a. At the December 9th, 2019 the Council did direct that the public right of way be marked. <br />b. On May 11th 2020, the City did accept an easement over a portion of 45 Smith from the property <br />owner for construction of a Cul-De-Sac on Smith. As part of that agreement the city will allow the <br />property owner to install landscaping within the existing ROW. However the agreement does not restrict <br />the city’s ability to install signs or markings within the ROW. <br />c. In October 2020, the abutting property owner requested the markers not be installed. At Council <br />direction staff brought the issue to the November 9th, 2020 council meeting where the Council reaffirmed <br />the trail marking guidance. <br />d. In December 2020 the trail marking signs were placed either side of the trail within the City <br />ROW. (See Exhibit A) <br />e. In December 2020 the abutting property owner threatened legal action if the City would not <br />remove the trail markers. The City Attorney has negotiated with the property owner’s attorney and <br />proposed a compromise of reducing the marking from two markers to one. (See Exhibit B) <br /> <br />3. Staff Recommendation. In an attempt to appease the abutting property owner and provide an <br />acceptable level of marking the trail, staff recommends that the city deviate from its standard in this case <br />and mark the trail with one marking post instead of two. Staff does not recommend the City give up any <br />of its rights within the right of way and if it is determined that current signage is inadequate, the City may <br />revisit the signage issue. <br /> <br />COUNCIL ACTION REQUESTED: <br />Motion to direct staff to adjust the trail marking as depicted in Exhibit B. <br /> <br />Exhibits <br />A. Trail Markers at the end of Smith Avenue as installed. <br />B. Smith Avenue Trial Access Marking single Marker Option <br /> <br />References <br />A. Council Meeting Minutes of December 9th & 2019 & November 9th, 2020 <br />B. Easement Agreement, Date May 11th 2020 <br />Item No.: 9 Date: January 25, 2021 <br />Item Description: Smith Avenue Trail Marking <br />Presenter: Adam T. Edwards <br />Public Works Director/City Engineer <br />Agenda <br />Section: <br />Consent Agenda