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Lundin family raises NRCS, access and liability concerns; Midway council continues open‑space agreement work
Summary
The Lundin family and city staff discussed proposed revised documents for preserving the Lundin property as open space; the council unanimously continued the item so staff and the Lundins can address access width, NRCS funding restrictions, liability and trail language.
City Attorney Corbin Gordon presented revised documents related to preserving the Lundin property at 900 West Bigler Lane and explained constraints on an emergency access easement. He said the proposed access could not be 20 feet in all areas given hillside cuts and vegetation, and the width was proposed at eleven feet in constrained locations. He also said language referencing trail and access was removed from the conservation easement and would be placed in a separate document.
Nora Lundin spoke for the Lundin family, describing six years of conservation work and raising several specific concerns: Natural Resources Conservation Service (NRCS) rules that may prohibit new roads on conserved open space, a cited building‑envelope limit of 2% of the surface, uncertainty about whether a trail or access would jeopardize NRCS funds, easement conflicts with Midway Irrigation Company, worries about livestock and wildlife interactions, and liability if dogs using the trail injured farm animals (she noted a recent local incident in which a resident reported four sheep killed by a dog). The Lundins said they did not want to block the preservation project but were concerned about unintended consequences of trail and access language.
Council members and staff discussed alternatives, including abandoning trail/access language if it would preclude federal funding, separating trail design from emergency access, and indemnification language. After discussion Council Member JC Simonsen moved to continue the item so city staff and the Lundin family could prepare a new document that preserved federal funding eligibility, allowed ongoing agricultural operations, and reflected the parties’ agreements; Council Member Lisa Orme seconded. The motion carried unanimously.
