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<br />Councilmember Jeffrey stated he struggles with going any higher, and if anything he would like <br />to lower the offer. The $3,000 for the tree loss that is now in the area of the easement more than <br />covers the additional $2,500 for legal fees. <br /> <br />City Attorney Goodrich explained he is not certain what the McKusicks have presented to the <br />insurance company; there could have been more tree damage in addition to the $3,000 in damage <br />the City agreed to. <br /> <br />Councilmember Look requested clarification regarding the offer accepted by the McKusicks and <br />whether the triangle is included in the easement area. <br /> <br />City Attorney Goodrich indicated the McKusicks have accepted the offer including the triangle <br />in the easement area. <br /> <br />Public Works Director Olson indicated the counter offer by the McKusicks included the 15 feet <br />on the south side of the ditch and 30 feet on the north side of the ditch. <br /> <br />Acting Mayor Strommen requested clarification that the McKusicks have agreed with the City's <br />counter to their counter offer. <br /> <br />City Attorney Goodrich replied the legal description of the area has been agreed to; it is the <br />amount that is in question. <br /> <br />Council discussed the $10,000 price for the easement being requested by the McKusicks. <br /> <br />Councilmember Look suggested it may be better to exclude the triangle from the easement and <br />keep the price at the $7,500, rather than paying for damage to trees on what would now be <br />included in the easement. <br /> <br />Acting Mayor Strommen noted the trees were taken down prior to the City obtaining the <br />easement. <br /> <br />Public Works Director Olson advised the City does not need the triangle to be included in the <br />easement, but it will make a more fluid easement in the future. <br /> <br />Councilmember Dehen suggested if the $7,500 offer to the McKusicks is not accepted within ten <br />days that the amount be reduced to $1,800. <br /> <br />Councilmember Jeffrey clarified with the $7,500 the City would be released from all liability. <br /> <br />Consensus of the Council was to direct staff to proceed as follows with the easement purchase <br />from the McKusicks: if the $7,500 offer to the McKusicks is not accepted within ten days it will <br />be reduced to $1,800, and with agreement to the $7,500, the City would be released from all <br />liability. <br /> <br />City Council Work Session I April 3, 2007 <br />Page 13 or 14 <br />