Agenda - Council - 08/10/2021 - Laserfiche WebLink

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Councilmember Heineman agreed that he would prefer to give staff the most options available to remedy this situation. Economic Development Manager Sullivan asked if the preference would be to first attempt to sell the largest piece and work down to smaller options if the property owner does not choose to purchase the large piece. City Attorney Langel commented that throughout the park there are drainage and utility easements all over. Building Official Szykulski stated that the easements impact homes in different locations within the park. City Attorney Langel noted that one easement has a home entirely across it while there are nine other homes that sit atop an easement to some extent. He stated that the easements have been in place for many years and there has not been an issue to this point. He stated that staff would suggest entering into an agreement with the park related to the encroachments, in that the park acknowledges that the encroachments exist and if there is an issue that needs to be resolved, the home would need to be moved at no expense to the City. He stated that there would be an additional stipulation that if two homes are moved, they could not go back in those locations because of the easements. He stated that part of the process would be to determine if there are utilities within those easements and whether the easements are therefore necessary or unneeded. He stated that staff would also suggest that when ownership of one home changes, that home should be repositioned out of the right-of-way, and it should be disconnected from the septic and well and connected to sewer and water. Councilmember Riley asked why MnDOT was not concerned with this issue. City Attorney Langel was unsure. Councilmember Woestehoff asked if there was any concern with Highway 10 and whether homes would be in the way of construction. City Attorney Langel stated that the City could either work with the property owner to develop an encroachment agreement or could try to force the park owner to move the homes out of the easements. He commented that he did not believe the park owner would voluntarily move the homes and noted that the City may not be supported in court because there may not be utilities in some of the easements and maintenance is not needed at this time. He stated that if the encroachment agreement is in place, everyone is aware of the standard and intent moving forward. Councilmember Woestehoff commented that he would support the encroachment agreement as it sets the stage that if the City needs to get in for maintenance, it would not be at the cost of the City. Mayor Kuzma commented that he also likes the stipulation that certain homes should be moved in the future. City Council Work Session / July 20, 2021 Page 4 of 5