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

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containing cattle or similar animals from encroaching on the western boundary of the right of way and the fence may be constructed on the property line with no setback. Councilmember Woestehoff asked to clarify that the seller is required to build said fence. City Attorney Knaak stated that is correct and the conversation is around where the fence has to be built. Acting Mayor Riley stated he knows there has been lots of back and forth surrounding this and he appreciates the work. He mentioned that it seems that the City is buying something it should have owned all along since this is an entrance into a City park. Councilmember Howell asked what the actual value of the portion of land that was being purchased versus what it was being purchased for. City Attorney Knaak stated that it is worth what the Council says it is worth and this is an arm’s length transaction where the Council has determined the value. He added that it went back and forth on relative values and would be appraised for and the actual value at the end of the negotiations is up to the parties involved and what it is worth to the City to have this issue resolved. To answer Councilmember Howell’s question, he stated that the value is what the Council has reasonably determined the value to be, based on their judgment. Acting Mayor Riley pointed out that this is an entrance into a City park, so park dedication fees are being used to buy this land and he feels this is an appropriate use for these funds. Motion by Acting Mayor Riley, seconded by Councilmember Woestehoff, to Adopt Resolution #22-208 to direct the City Administrator to complete the buyer responsible provisions within the purchase agreement. Further discussion: Councilmember Musgrove asked City Administrator Hagen how the trees and the fence are both on the property and if the trees would be on the City’s property. City Administrator Hagen suggested Councilmember Musgrove think of this as a boulevard. On the edge of the road there is about 10 feet before the sidewalk begins and it is not uncommon to see trees planted within the boulevard area. That is what this will look like, but rather than a sidewalk in his example the fence will be what is on the property line. Councilmember Howell stated she is thankful for everyone who has worked on the negotiations and everyone who has been patient with the state of the property. She added that she will not be supporting it tonight because she feels the dollar amount being paid is excessive and she does not see the value. A roll call vote was performed: Councilmember Musgrove nay City Council / August 23, 2022 Page 8 of 16