Minutes - Council - 11/09/2021 - Laserfiche WebLink

Home

City Attorney Knaak replied the public and Council have an unimpeded right to use the right-of- way for access purposes. That means they can’t allow anyone to put anything on it that would cause an obstruction. The City has control over the 60 feet and what is on either side of the 60 feet is the right of the property owner. He advised the Council could consider enforcing the nuisance code but the City does not have any right as an easement holder to any more than that. Councilmember Woestehoff referenced the map and commented that the property owner to the left is the same for the subject property they are talking about acquiring. He is in favor of trying to acquire the land and getting more from the wetland area to enhance the buffer because it looks like the road comes very close to the lot line. He feels the concern is that the equipment is just going to move a few feet farther away. A resident stated the equipment owner knows what the rules are and everything is moved back off the road and right-of-way. The resident noted the only place that it is close to the road is by the water tower road where there are stacks of metal shelving. On the road that goes to the park, things were moved after the last meeting and are now more than 60 feet off. Councilmember Riley commented that it makes sense to entertain buying the land and agreed with Councilmember Woestehoff about getting more of the wetland to create more of a buffer. Also, it is important to know that the City can put in a road. He was surprised the cost of doing that was so low. It is his preference to purchase the land but the City could also put in a road for unimpeded access. Councilmember Woestehoff agreed with Councilmember Riley but wanted to ensure if they put in a new road, that the City retain the 60-foot road easement so more things don’t end up on that parcel even though it may not be a road in use. It is a concern of the neighbors and the more they can protect the access to the park, the better. Councilmember Musgrove asked if anyone has discussed with the landowner why this is happening. A resident replied the landowner wants the City to buy the land and will continue to add unsightly items until the City pays the taxes or purchases the property. Councilmember Musgrove asked why the City is allowing someone to force them to buy land because someone doesn’t want to clean up. A resident stated if the City bought the land, he would be interested in buying the parcel that abuts his property if that would help with the decision. Councilmember Musgrove clarified the City would buy it and the resident would then buy it from the City. The resident confirmed this, stating he would buy it at a fair market value because it would enhance the value of his existing property. City Council / November 9, 2021 Page 21 of 26