Minutes - Council Work Session - 04/26/2022

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Mr. Kurak stated it was worth his time to come because it was open ended before. City Administrator Ulrich asked if there will be additional fees associated, for the surveying for example or other fees. He didn't want the applicant to leave thinking the $5,500 covers all the fees if it didn't. City Engineer Westby replied there was a $20,000 escrow from the petitioner before the public hearing in allowance of the statue to ensure the City would be paid for the work done and expenses. He stated they haven't charged anything against the escrow but have been tracking Staff time. He stated the surveying would be included in the charges for establishing the cartway. Once the cartway is established that is different. He stated now they are saying they are going to charge the petitioner $5,500 for the easement, which covers all the associated costs for what has been done so far. He thought it may cover it. City Administrator Ulrich asked if they are really not charging separately for the easement because they could also charge for the expenses into it. He thought it was the intention to charge for Staff time. Councilmember Specht replied the fees would come from the $20,000 and this would be separate. City Administrator Ulrich replied the applicant deserves a full accounting of what those costs are. He felt the City shouldn't pay those fees but deferred to Council direction. Mayor Pro Tem Riley asked if it was correct that a dollar amount hasn't been provided to the petitioner for Staff time to date. City Engineer Westby replied that is correct because nothing has been charged against the escrow. City Administrator Ulrich suggested the applicant be given a full accounting of what the anticipated cost of Staff time, surveying, easement cost of$5,500, and that is presumed to be under the $20,000. City Engineer Westby agreed, well under the $20,000. Councilmember Specht referenced the City Attorney's feedback that there be a separate charge for the easement and that it be followed as a precedence for future situations. Councilmember Woestehoff concurred. City Attorney Knaak commented there is a cap that is being suggested of $5,000. He gave the example of engineering costs of $4,000, with a $1,000 gap. The City could accept the compensation for the easement and do a deal to take a cash value for the property and reimburse the expenses. Mayor Pro Tem Riley asked if a dollar amount was known for Staff time. City Council Work Session/April 26, 2022 Page 17 of 20