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Resident asks council to declare 1st/2nd Street Loop public to enable drainage work; city flags liability
Summary
Homeowner Adam Kennedy asked the council to declare the privately owned 1st and 2nd Street Loop public so the city can complete Mitigation Action Item (f), 'Drainage Improvements for 1st/2nd Street Loop'; City Recorder Nicole Tritten said the city already has authority to work in the easement but would assume maintenance responsibility and potential liability for failures.
A Westfir homeowner, Adam Kennedy, asked the council to declare the privately owned 1st and 2nd Street Loop public so the city could complete Mitigation Action Item (f) of the Lane County Multi-Jurisdictional Hazard Mitigation Plan. City Recorder Nicole Tritten recounted a March 5 email and her subsequent conversations with Mr. Kennedy and said she had consulted the city attorney.
Tritten told the council she learned the city already has authority to work within the easement area to install drainage facilities but cautioned that if the city installed such facilities it would be responsible for ongoing maintenance and could be liable for damage to private property if the facilities failed. Mayor Richard Watson noted that Mr. Kennedy and Jara Mouracade, the Westfir Lodge owner, were seeking grant opportunities and research to move the project forward; the minutes record no formal city action on the request during the April 7 meeting.
The city did not commit to taking ownership of the road; staff and council will continue to research options and potential grant support.
