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Negotiated solution to Kreck Trail discussed

by Richard Hanners Hungry Horse News
| April 15, 2015 7:26 AM

Negotiation rather than litigation could be an option for keeping the Kreck Riverwalk Trail open to the public, the Columbia Falls City Council learned at their April 6 meeting.

Councilor Darin Fisher reported that the city’s Land Use Committee had a “positive meeting” with landowner Mark Cahill, who has taken steps to block access to the trail easement across his property from the Cedar Pointe end of the trail. Councilor Julie Plevel said the meeting lasted about an hour and a half.

“All they want is peace and quiet,” she said.

Cahill and his wife Inge have long complained about noise, littering, vandalism, trespassing and other violations by people who use the trail that links Cedar Pointe to the Red Bridge.

The Cahills recently paid a Kalispell surveying company to “retrace” the lot lines for one of their properties, which extended their property down to the low water mark. The Cahills then erected no trespassing signs and a barrier at each end of the Kreck Trail where it crossed the extended property.

While city attorney Justin Breck remains sure he can prove in court that the lot line retracement was not proper, Fisher reported that Cahill seemed willing to work with the city to keep the trail open — provided certain conditions are met.

Fisher said Cahill wants the trail closed from dusk to dawn, more signs educating the public about Montana’s Stream Access Law and trespassing, plastic bag dispensers for dog waste, and a professional survey to ensure the trail is in the correct location.

“I have talked with Sands Surveying, and they recommend walking the trail with the city and the Cahills to determine the location,” city manager Susan Nicosia said. “Mr. Sands noted that the high water mark can be subjective.”

Breck explained that the Stream Access Law allows people to travel along the Flathead River between the mean low-water and high-water marks for water-related recreation provided they properly access the stream bank. Proper access could be made at Cedar Pointe and the Red Bridge abutments, he said. But anyone who leaves the trail easement and goes down to the stream bank will be trespassing on the Cahills’ property, he said.

Councilor Jenny Lovering said she had expected the trail to provide access to the river.

“It doesn’t seem right,” she said.

Four members of the public addressed the council about the issue. Eric Lovering, the councilor’s husband, said the city should not negotiate with the Cahills because it “would be going backwards” and “would set a bad precedent” for the Stream Access Law.

Cedar Pointe resident Shane Hutcheson said the Cahills’ actions “are making people who walk along the river into criminals.”

His wife, Hilary Hutcheson, was concerned about children who don’t understand the finer points of the Stream Access Law being cited by the police for trespassing. She also said the Cahills’ barrier on the trail was illegally built below the high water mark.

“He’s not being a good steward or a good neighbor,” she said.

Nicosia responded to Hutcheson’s comment about the barrier by noting that “a floodplain issue is being investigated.”

“I don’t want people cited for trespassing for just stepping a few feet off the trail,” Nicosia said. “The easement is 10 feet wide, and we need to hone in on this point.”

She also noted that “only 1 percent” of the trail users are responsible for the littering and vandalism.

“I expect the same kinds of things will happen at the Cahill property whether the trail exists or not,” she said.

Councilor Doug Karper noted that much of the inappropriate activity that concerns the Cahills takes place “on the other side of the Red Bridge.”

Citing a section of the Stream Access Law, councilor Mike Shepard said enforcement of littering and similar violations in the stream bank — such as a barrier blocking a trail — is done by Montana Fish, Wildlife and Parks wardens.

“You should file a complaint with Fish, Wildlife and Parks about the barrier,” mayor Don Barnhart advised the four who addressed the council.