Minutes - Council Work Session - 04/26/2022

Home

There was Council consensus to open it up to any parcel that meets the distance requirements between signs. 2.04: Provide Direction on Terms of Shawn Acres Park Cartway Easement Agreement for Thorn Lake Property PID #04-32-25-31-0001 City Engineer Westby reviewed the staff report and asked for Council direction on terms of Shawn Acres Park Cartway Easement Agreement for Thorn Lake. He stated the petitioner is questioning the $5,500 fee for the easement and expanding the width of the cartway. He noted the petitioner is in attendance. Thomas Kurak, the petitioner, stated that even when City Engineer Westby just explained it again, he felt it was unclear from prior discussions. He stated he had $20,000 on deposit with the City which in the beginning was for the creation of an easement. He stated they didn't know where it was going to go or if court action was going to be required. He noted it has been four months and he has an agreement with the only private property owner so there won't be court action. He stated the City Council gave direction on where to put the easement. He stated in speaking with City Engineer Westby tonight before the meeting, he explained there isn't a charge for the land and easement creation, that it is about expenses. He asked what the expenses are. He stated in a letter he received from City Engineer Westby, it was for police calls and closing the park when mowing needs to be done. He stated he didn't understand why that is relevant. He was told there may be trouble which he didn't understand. He asked for direction from City Council if he should put $5,500 on deposit based on the explanation from City Engineer Westby for problems he might create or citizens may create by parking in the way. He stated citizens don't pay for police calls that don't happen. City Administrator Ulrich asked the City Attorney if it is correct that the City is allowed to charge for the use of the property for cartway. City Attorney Knaak confirmed this. City Administrator Ulrich replied the $5,500 is the amount for the use of the land, which is a nominal fee for the value of that land is equivalent to the $1,000 paid to the private property owner. He stated the City is allowed to charge that. He clarified it is the use of the property that is being charged, like any other easement. He stated if the Council objects to that, they should let Mr. Kurak know. Mr. Kurak replied the property shouldn't have a fee to a private citizen for the use of it because it is currently public property for everyone to use. A public cartway is being created but it isn't for him. Mayor Pro Tem Riley asked Council if they were comfortable charging $5,500 for the use and the easement. Councilmember Specht asked to discuss this more after the regular City Council meeting. City Council Work Session/April 26, 2022 Page 12 of 20