October 31, 2023 at 5:55 a.m.

Questions raised regarding ownership of land where city trail is to be located

City attorney to research issue

By HEATHER SCHAEFER
Editor

Two weeks after the Rhinelander Common Council unanimously authorized the construction of a new pedestrian/bicycle path connecting westside residents to the rest of the city an adjacent property owner has raised questions regarding ownership of the land in question.

Westside resident Renee Ewings, whose residence abuts the planned pedestrian/bicycle path, addressed the council during the public comment portion of the panel’s Oct. 23 meting.

“I’m not here to give you a sob story about why I don’t want the walking path in my backyard,” she said. “I’m here to talk about facts, a few really important pieces that were missed when this was all discussed and then sent through.”

Ewings explained that she was aware that fellow westside resident Ben Meyer had approached the council last year regarding adding a sidewalk to Davenport Street. She said she supported that idea. However, the idea eventually “morphed” into a proposal to build a walking trail through the wooded area adjacent to her backyard, she explained.

Ewings stated that she met with the mayor and the former city administrator early on to discuss her concerns about the idea and was under the impression that a study was to be completed to determine if it was a good idea to proceed with a trail or not.

“I’m not aware of any study that was done,” she added.

Fast forward to two weeks ago when the council approved the construction of the path with work scheduled to begin in spring 2024. Ewings said she learned of the council approval when a television reporter approached her for comment.

“It’s hard to make a comment when you don’t know how it was all hashed out,” she said.

The topic was publicly noticed as an agenda item on the common council’s Sept. 25 and Oct. 9 agendas. 

She went on to state that her research shows there’s some question as to who owns the so-called “gap property” where the trail is to be located.

“The gap property is not owned by anyone,” she said. “It is not owned by the City of Rhinelander. It’s not owned by me. It’s not owned by the neighbors on the other side in Crescent.”

Ewings said she checked with the county land information office and there’s no deed that shows the land is owned by the City of Rhinelander.

“I’d like to see a deed that shows you can proceed with the trail before it gets pushed through,” she added.

Ewings also alleged that the trail would go through a DNR-protected wetland area and questioned whether the agency had been contacted regarding the city’s plans for the area.

“We would like to see a survey done and have that land be assessed,” she said, adding that a cost-benefit analysis would also be beneficial.

In particular, Ewings said she’s concerned about how the trail would be monitored, particularly since there are two assisted living facilities in close proximity to where the trail is to be built and persons with dementia could leave the facilities and find themselves on the trail.

“I believe that this decision was a feel-good decision for all of you,” she continued. “I don’t fault anyone because I do think a walking trail and bettering Rhinelander is a good thing. I’m not against anything like that, but it would have been really, really nice for everyone to have all of the information....”

Joshua and Roberta Kunzman, who own property at the end of West Hill, also addressed the trail issue. 

Like Ewings, the Kunzmans expressed concern about the adjacent wetlands.

It’s common for there to be several feet of water in that area in the spring, Joshua Kunzman advised. 

“It isn’t going to be passable without a lot of fill and you can’t just fill a wetland,” he added.

The Kunzmans also echoed Ewings’ concerns about the exact location of lot lines. 

Because the remarks were made during public comment, the alderpersons and city administration did not offer any response. According to council rules, city officials cannot respond to remarks made during public comment. 

Two days the meeting, in response to a River News query, city administrator Patrick Reagan advised that city attorney Steve Sorenson was researching the matter of the ownership of the gap property.

In addition, Mayor Kris Hanus noted that it would be up to the alderpersons to request reconsideration of the trail authorization. Hanus said the alderpersons could have asked for the trail issue to be included on a future agenda, but no one spoke up when he asked for future agenda requests. 

The administration will proceed with the project, per the Oct. 9 council vote, unless the alderpersons choose to take further action, he explained.

The path would connect the dead end of Westhill Drive with the corner of Lois and Phillip streets, allowing walkers and bikers to bypass Davenport Street and instead use Phillip Street to access the city. To watch the full council meeting, visit www.hodagtv.com.

Heather Schaefer may be reached at [email protected].


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