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• • • COUNCIL MINUTES October 22, 2012 DRAFT 135 location further from the homes on the island. He explained that staff did present a possible damage 136 amount and that was based on the cartway itself as well as available appraisal data. 137 138 City Attorney Langel concurred that the damages presented by staff are just a proposal and the charge 139 to the council is to determine the value of the road being turned into a cartway. There is an 140 expensive bridge involved and staff's proposal is to use one sixth of the depreciated value of that 141 bridge for that portion of the damages. There could be an argument made that the petitioner will not 142 use the bridge as the other landowners do so his should be a lesser value. Mr. Langel said that there 143 are arguments on all sides of the damages discussion and the figures presented by staff are just one 144 option. 145 146 The mayor explained that establishment of a cartway is a new issue for this council; the process is 147 guided by a state statute. The council has to consider damages and maintenance needs and it is 148 something of a unique situation with a bridge and existing roadway. He recalled that the council met 149 at the site and discussed possible access points and the council heard from area residents that they 150 would prefer the shortest route, identifying that as least intrusive. He noted that staff will be 151 presenting figures representing the decrease in the amount of roadway. There seems to be agreement 152 already that the bridge maintenance cost to Mr. Johnson will be one -sixth the actual costs so that 153 portion is clear. There seems to be majority agreement that the access point for the cartway would be 154 the mid - location at eight percent grade. For road maintenance, numbers between 2 and 16.7 percent 155 (one- sixth) have been discussed. 156 157 Mr. Grochala reported that staff recalculated the bridge and road costs based on the shortened cartway 158 (closer access point) and determined a percentage of 9.27 and the amount of $48,118 based on what 159 was requested by Council Member O'Donnell. Mayor Reinert said he came up with the figure 160 $39,000, because Mr. Johnson will have additional costs in changing the cartway at the homeowners' 161 choice. Council Member Rafferty announced that he is supportive of the access location change and 162 has generally concurred with the damages suggested by staff. Council Member Roeser explained his 163 view point regarding the impact on the area as well as the shortening of the cartway and, regarding 164 establishing value, that it can be a difficult decision for a city council to establish values but the city 165 attorney and staff has presented opinions that the council use; he will stick with the figures brought 166 forward by staff. The mayor suggested that he sees an argument in a lower figure than what staff 167 brought forward because the length of the cartway will be different and the grade onto property higher 168 thus imposing more cost onto the petitioner. Attorney Langel explained that damages must be 169 focused toward the injured (HOA) and considering the impact to the petitioner may not be a 170 legitimate factor to decrease damages. 171 172 Joe Barnett, attorney for Petitioner Johnson, told the council that he provided additional written 173 information this day that should be helpful in cartway discussions; he hopes that the city attorney 174 passed that on to the council. It suggests that the definition of damages should be tied to that process 175 that establishes roadway which is laid out in state statute. He suggests that by granting this cartway, 176 there really isn't any diminishment in the HOA property. The mayor suggested that the council seems 177 to have already decided that there is an impact on the private property owners. 178