7.1 PRSR 11-04-2020
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity. Updated: August 2020
Request for Action
To
Parks and Recreation Commission
Item Number
7.1
Agenda Section
Action Item
Meeting Date
November 4, 2020
Prepared by
Michael Hecker, Parks and Recreation Director
Item Description
Mississippi Oaks Trail Update
Reviewed by
Cal Portner, City Administrator
Reviewed by
Action Requested
Discuss the request to deed a section of trail to the city.
Recommend, by motion, the section of trail to transfer ownership of a segment of the Mississippi River Oaks Trail
with the intention to pursue the other portions of the trail when they become available.
Background/Discussion
At the October 5 City Council Work Session, the Council requested the Commission review a request from the
owner of a parcel to deed the Mississippi Oaks Trail to the city. The Commission discussed this at the October 7
meeting and had questions regarding the request.
The following are the questions with answers provided by city staff:
1. What is the ownership of each section of trail? The other two lots are owned by Jean and Richard
Kincanon and they have a mailing address in Orange Beach Alabama. It also looks like they have not paid
their taxes the past few years and the property could move to the tax forfeiture list next spring. If that
happens, the city could acquire them at that time. The current owners of the trail also appear to be the
same individuals that platted the parcel in 1993.
2. What is the easement of the trail? There are no easements on two lots owned by the Kincanon’s, but
they are outlots which means they are non-buildable. The same goes for the subject lot owned by Gwen
Smith – no easements but platted as an outlot.
3. Are the trail owners interested in transferring trail to the city? Based on the lack of taxes paid, staff
suspects they may be interested in selling but contacting them in Alabama and getting them to pay the
delinquent taxes may be challenging. Alternatively, we could wait for the properties to go tax forfeiture and
acquire them at that time. Acquire the one being offered now – and get the other two then.
4. Why does the city maintain a trail it does not own? In 1993, the City Council and the Commission
discussed and agreed the city should maintain the trail until such time as a park is developed on the
Mississippi River. Oxbow Park was added in 2012.
N:\Departments\Parks and Recreation\Commission\Packets\2020\11-04-2020 PRC Packet\7.1 sr Mississippi Oaks Trail Update.docx
Is the Commission interested in connecting Oxbow Park to Orono Park? Does the Commission want to consider
updating the trails master plan so Oxbow Park may connect to Orono Park (as discussed in 1993) and shown on
the Mississippi Oaks Trail, Oxbow Park, Orono Park Access Trail maps. If interested, staff will bring this back to
the December 9 meeting.
The current action requested for the Commission is do we want to continue maintaining the Mississippi Oaks
Trail (all three parcels)? The trail has been maintained and open to the public for 27 years. If the various segments
go tax forfeiture someone will purchase the lots and they may push the envelope more regarding ownership and
rights to use.
The city has an interest for more non-vehicular connections. While the Mississippi Oaks Trail may not lead to
many places, it is part of the trails master plan and is used frequently by the public.
Financial Impact
The city is currently maintaining the Mississippi Rivers Oaks Trail.
Mission/Policy/Goal
Transfer would meet Trails Master Plan goals for long term access to pedestrian trails.
Attachments
Location Map
Mississippi Oaks Trail, Oxbow Park, Orono Park Trail Access Map