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City Attorney Knaak explained that when there is an encroachment like this where the <br /> encroachment was unknown to the City, they have granted licenses to property owners to utilize <br /> City property. He added that they could also work out an encroachment agreement of some sort. <br /> Councilmember Riley stated that an encroachment agreement seems to make a lot of sense in this <br /> area. He said he would like to have a discussion on this or to have Staff figure out what this could <br /> look like. He stated that he does not support any kind of compensation for a private project. <br /> Councilmember Olson agreed and said it seems logical to make an encroachment agreement in <br /> this area; however, he also does not support any kind of compensation to be given. <br /> Councilmember Musgrove asked for consideration for a quick claim deed. She stated she is not <br /> sure if this would be an appropriate use of a quick claim deed; however, she is not sure if the City <br /> would even be using this land and with it being such a small, awkward shaped area, she does not <br /> see a need for the City to maintain the land. <br /> City Attorney Knaak shared that it is his understanding that this is platted park land and selling <br /> park land is one of the more difficult things for the City to do. <br /> Councilmember Specht asked if the license or encroachment agreements are for a set amount of <br /> time or if they expire at a certain time. <br /> City Attorney Knaak said it would be up to the Council. He noted that when they are doing a <br /> license, it would be based on the individual where an encroachment agreement would be a <br /> document in the public record. <br /> Councilmember Olson asked if the encroachment agreement would transfer ownership if the <br /> current homeowners were to sell their property. <br /> City Attorney Knaak said it can and that most situations like this would transfer. <br /> Mayor Kuzma asked City Administrator Hagen to work directly with Ms. Powers to get this issue <br /> resolved. <br /> Councilmember Specht asked if they could also proactively set up agreements for the other <br /> neighbors along this same path who are likely in the same situation. <br /> City Attorney Knaak said what they do for one property owner they will likely have to do for all <br /> property owners in this same situation. He noted that they do not have to do these agreements all <br /> at once; however, it would be unfair to allow it for one neighbor and not the others down the line. <br /> Councilmember Howell agreed with Councilmember Specht. She said this situation needs to be <br /> prioritized; however,they have time to be able to look at all of the properties along this path to see <br /> how they can address it with every other property owner. <br /> City Council/May 14, 2024 <br /> Page 4 of 18 <br />