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Councilmember Specht commented he trusts the City Attorney's opinion that giving the land away <br /> for free sets a bad precedence. He felt it was a nominal fee and if an appraisal was done it could <br /> be expensive. <br /> Mr. Kurak commented the discussion he had was that$5,500 was not the total amount of fees that <br /> could be associated but there was no limit. He stated if that is the total he would pay it. He also <br /> questioned if the Council wanted to charge him the $5,500 because it is a public cartway and they <br /> don't have to charge him. <br /> Mayor Pro Tem Riley asked if there was consensus to charge $5,500. <br /> Councilmember Howell asked where the information came from that it would be a public cartway <br /> that the two neighbors would get to use. <br /> Mr. Kurak replied the way it is designed, it is right on the property line of two neighbors who <br /> wouldn't be trespassing through the park to get to the cartway. He stated the cartway is public. <br /> Mayor Pro Tem Riley asked City Attorney Knaak to clarify. <br /> City Attorney Knaak replied it is an intriguing question and he would have to take a closer look at <br /> it. He stated the cartway has the limited purpose of accessing Mr. Kurak's property. He asked if <br /> Mr. Kurak wants to charge the neighbors or have the City charge them. <br /> Mr. Kurak replied he didn't want to charge the neighbors but was saying that nowhere in the <br /> cartway law does it give him a franchise after he pays the fees to charge anyone who wants to drive <br /> on his cartway because it is a public cartway. <br /> City Attorney Knaak replied, no, it is something that allows Mr. Kurak and anyone he invites to <br /> access his property. He stated it is as public as his own driveway. <br /> Mr. Kurak disagreed, adding if the City decided they wanted to put a parking lot in, people could <br /> go across the cartway to get to the parking lot. <br /> City Attorney Knaak replied Mr. Kurak is complaining. <br /> Mayor Pro Tem Riley corrected Mr. Kurak is mixing things up. <br /> Mr. Kurak agreed. <br /> Councilmember Specht asked what the final decision is. <br /> Mr. Kurak asked that they charge him the $5,500 but that is it. <br /> City Attorney Knaak agreed. <br /> There was Council consensus to charge $5,500. <br /> City Council Work Session/April 26, 2022 <br /> Page 16 of 20 <br />