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. <br /> COUNCIL COMMUNICATION FORM <br /> Engineering & Infrastructure Memorandum <br /> NO. 2001-39 <br /> June 25, 2001 <br /> TO: Honorable Mayor Howley and City Council <br /> FROM: Steve Garman, City Manager <br /> Stephen P. Swanson, P.E., Director of Engineering & Infrastructur�� <br /> FROM: Steve Garman, City Manager <br /> Stephen Swanson,Director of Engineering & Infrastructure <br /> SUBJECT: Agreement with Village of Forsyth <br /> SUMMARY RECOMMENDATION: <br /> It is recommended by City staff that the City Council approve the attached resolution for an <br /> agreem�nt with the Village of Forsyth authorizing the Village to place a segment of its bicycle <br /> path/walkway trail on a portion of the City's public right-of-way for McDonald Avenue. <br /> BACKGROUND: <br /> The Village of Forsyth is planning to construct a new bicycle path/walkway trail (bike path) <br /> beginning at the intersection of Timber Lane and McDonald Avenue and extending northerly to <br /> the intersection of Fairway Drive and MacArthur Road (see attached locale map). A small <br /> segment of the bike path along the east side of McDonald Avenue is designed to encroach onto <br /> the City of Decatur's public right-of-way(refer to attached drawing). <br /> The encroachment is the result of design considerations regarding the best location to place the <br /> new bike path. The considerations included an existing Sanitary District of Decatur pump <br /> station; a 100-year flood plain; general public safety for users; and maintenance access to the <br /> trail. Bainbridge, Gee, Milanski & Associates, Inc., (BGM), the project's designers, discussed <br /> the project with the City's Engineering staff to ask if there were any problems with having the <br /> bike path encroach onto the City right-of-way. <br /> Staff did not see any problems with the location. The location is in a section of McDonald <br /> Avenue that has been discussed as jurisdictional transfer from the City to the Village. This <br /> possible transfer cannot take place prior to the construction of the bike path. It is necessary for <br /> an agreement between the Village and the City to protect the City against liability for all claims <br />