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City wants to spend in terms of resources on this issue. He reviewed the options the City would <br />have in this instance. He also explained the additional steps that would be needed because the <br />property was purchased with RALF funds. He asked for input from the Council. <br /> <br />Councilmember Riley asked if RALF permission would be needed for an encroachment <br />agreement. <br /> <br />City Attorney Langel commented that RALF could be notified but did not believe permission <br />would be needed as the encroachment has existed since the 1970s. <br /> <br />Councilmember Riley stated that he would prefer to offer sale of the land at the costs the City <br />would incur for the RALF process, or let the property owner take it to court and put the burden on <br />them. <br /> <br />Councilmember Musgrove asked if the section the trailers are on could be obtained by the property <br />owner without going to court. <br /> <br />City Attorney Langel commented that the property owner would have to go to court to establish <br />adverse possession. He commented that only those two slivers could be obtained in that manner. <br /> <br />Councilmember Musgrove commented that she is not happy to hear about this issue. <br /> <br />City Attorney Langel identified a blue strip on the drawing, noting there is a fence on the north <br />edge and the property owner could argue that they adversely own that fence line. He noted that <br />only runs to lot 113. <br /> <br />Mayor Kuzma stated that he likes the suggestion from Councilmember Riley that the property <br />owner could purchase the land at the cost of the expenses the City would incur, or could choose to <br />go to court. <br /> <br />Councilmember Musgrove commented that the City purchased the land with RALF dollars and <br />asked if the purchase of that property would reimburse RALF funds. <br /> <br />Economic Development Manager Sullivan confirmed that any exchanged funds in that manner <br />would reimburse RALF funds. He stated that he did not know if full process would need to be <br />followed for the small strip because of the adverse possession issue. He stated that if the solution <br />is that they want to solve for the encroachment and retain the remainder of the land, it would be a <br />remnant parcel that would not have use to anyone other than the park. He stated that if there is <br />public property behind the park in that location it could create a nuisance. He stated that perhaps <br />it would make sense to make a large piece for sale to the park rather than creating City property <br />behind the park. <br /> <br />Councilmember Woestehoff stated that he likes that idea. He stated that he would prefer to get rid <br />of the wedge of property. <br /> <br />City Council Work Session / July 20, 2021 <br />Page 2 of 5 <br /> <br />