12-16-2020 Council Packet - Laserfiche WebLink

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STAFF REPORT TO: Mayor Keis and Members of the City Council FROM: Bill Dircks, Public Works Director DATE: December 16, 2020 RE: Morrison/McMenemy Ditch Easement Acquisition ACTION TO BE CONSIDERED: Motion to approve the acquisition of maintenance easements on five properties for the purposes of maintaining the Morrison drainage ditch going forward. BACKGROUND: Following a series of discussions at previous City Council meetings and workshops it has been determined that the City should acquire easements necessary to enable future maintenance of the ditch portion of the Morrison/McMenemy wetland complex. The area may not be operating as it was originally designed due to the buildup of dirt and other material in the narrow ditch area at the south end of the complex. The addresses of the properties are shown below and a map is attached showing the properties in relation to the ditch. The City is acquiring a 25-foot easement on either side of the ditch to allow for getting equipment in and out of the area as well as for spreading out any material that is excavated so that it can be left on site rather than having to pay to have it hauled away. The City Attorney has done the work necessary to draw up easements on five properties. The owners have been identified and the titles have been examined for encumbrances. All properties have been determined to be clear. Staff has attempted to contact all property owners to let them know that the City is acquiring easements on their respective properties. As of December 10, three of the five properties have been informed and granted their verbal consent. A message has been left for one of the remaining properties explaining the situation but no return call has been received. Attempts to contact the final property have been unsuccessful and there is no opportunity to leave a voicemail. Staff will continue to try to make contact with the remaining two properties but it is not a requirement for the process. The letter sent by the attorney is the only requirement. Once the easements have been signed by the property owners staff will schedule the ditch cleaning work. In previous discussions it was decided that a local contractor using an operator and excavator will be able to accomplish the necessary work at a reasonable price. City staff will restore the area and make sure it gets seeded and grows back in the spring.