Minutes - Council - 08/23/2022 - Laserfiche WebLink

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Mayor Kuzma mentioned he does not feel the need to go into a closed session and wants to just move forward with a discussion. City Administrator Hagen asked Council if they would like to see the purchase agreement or the exhibit on the screen or if they are comfortable just going over everything verbally. Acting Mayor Riley said he is comfortable going over everything verbally since the Council has handouts in front of them. Councilmember Howell asked if this was something that could be added later so the public could view it. City Attorney Knaak stated that since the Council has the handout in front of them, the handout will go into the public record after the meeting. Acting Mayor Riley asked if the map could be displayed somehow for the audience. City Administrator Hagen said he would email Planning Manager Larson the exhibit so it can be displayed by screen sharing. City Attorney Knaak stated this is not designed to be secretive, just that as the process has moved forward there has been some back and forth until it arrived at the document in front of Council. City Administrator Hagen discussed the terms of the purchase. The purchase would be made by the City for 1.75 acres of existing outlot B of the Elmcrest Sanctuary, which would be 10 feet west of the existing Elmcrest Park entrance all the way to the east property line, with a purchase amount of $100,000. He added that the negotiating team negotiated additional provisions, one of which was to legally establish the boundary line. He mentioned that the cost of the surveying work and getting the lot line adjustment complete would be shared between the buyer and the seller. Other provisions of the purchase agreement were tree plantings, making the seller responsible for planting no less than nine trees and the seller would be allowed to construct a fence to keep cattle within the property. These trees would have a one year warranty period and would be approved by the City planning Staff. The existing owner would also retain a 33 foot wide access point on the north end to access his site and there would be no storage of equipment or materials that do not meet City code and no storage within a 30 foot no storage area at the westward property line. Acting Mayor Riley asked if the City would be buying the road, the land to the east, while not buying the land in red on the map but putting a no storage restriction on it. City Administrator Hagen said that is correct and those are all parts of the terms. Councilmember Woestehoff stated City Administrator Hagen had mentioned fencing and that the seller may put up a fence and asked if the seller is allowed to do this or the seller must do this. City Administrator Hagen stated that the sellers are allowed to construct a fence right on the property and in the agreement, it says the seller shall construct a fence of a type designed for City Council / August 23, 2022 Page 7 of 16