Agenda - Council - 09/26/2017 - Laserfiche WebLink

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that the conditions were not up to current standards and the proposed cul-de-sac would be constructed to the current standards. City Attorney Langel stated that the proposed cul-de-sac is not in that location but is actually on the property to the south. He noted that if the property to the west of that location develops in the future, the connection could then be made. He stated that because the proposed cul-de-sac location has been moved from the Schmitz property, only a typical right-of-way easement would remain on the Schmitz property. He stated that the Schmitzs are now asking that they be reimbursed financially for the easement. Charlie Alden, attorney representing the Schmitzs, stated that he has been working with the Schmitzs for some time and would like to provide a different prospective than the Council has probably heard from staff. He stated that the statute referenced is based on the statement that the City has used and maintained the turnaround for over 30 years, and read the statute aloud. He noted that the turnaround area and area of trash is now the front yard of the Schmitz family. He stated that the City has not maintained this as a public right-of-way and only one trash hauler, Ace Solid Waste, uses that turnaround one day per week. He stated that the City has not used the turnaround to his knowledge and has certainly not maintained the turnaround and the public is not using this roadway. He stated that from their perspective the City is asking a tax paying resident to pay $21,500 for a cul-de-sac that is not even on their property. He stated that there are two other trash companies which collect trash from other residents on the road and then turnaround in the driveway of the Schmitz's neighbors, while Ace insists on turning around in the Schmitz's front yard. He noted that yesterday Mrs. Schmitz took a video of Ace following the other companies lead and turning around in a neighbor's driveway rather than coming onto the Schmitz property. He noted that when the Schmitzs purchased their property in 2014, there were multiple building permits obtained and none of those permits identified the easements. He stated that this is not a public road and is instead the case of one garbage hauler turning around in the Schmitz's front yard. He encouraged the City to tell Ace to continue to turn around in the same manner they did the previous day which alleviates the issue. He stated that if the City desires the cul-de-sac, they should build it themselves. He stated that the City does not have any legal right to ask the Schmitzs to contribute anything but the family is willing to contribute $3,000 to just be done with this issue and urged the Council to accept the offer. Acting Mayor LeTourneau stated that he interpreted this that the Schmitzs are asking them to pay $21,500 for the cul-de-sac. He stated that the case lays out either accepting the cost -share offer proposed by the Schmitz, proposing a counteroffer, or directing City Attorney Langel to commence declaratory judgment. Mr. Alden stated that there was an email sent from City Engineer Westby demanding the Schmitzs pay the $21,500. City Administrator Ulrich provided clarity on the email that was sent. Mr. Alden stated that the Schmitzs never agreed to pay the construction costs. City Council Work Session / September 12, 2017 Page 2 of 8