Minutes - Council - 11/14/1995 - Laserfiche WebLink

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Motion carried. Voting Yes: Mayor Hardin, Councilmembers Peterson, Beyer and Beahen. Voting No: None. Absent: Councilmember Zimmerman. Case //3: Report on Section 022 Drainage City Engineer Jankowski reported that last March, the City Council authorized Improvement Project g95-12 which addressed drainage improvements in Section #22. This project entailed a number of construction elements and the creation and acquisition of easements to protect the drainage rights through the drainage-way from 156th Avenue south to the protected Wetland #656 which is south of 153/155 and then northward to County Ditch No. 3. Four out of five of the construction elements were completed by April and the last, which was the installation of culverts through Mr. Lewis' duck ponds, has now been completed. All of the improvements were done with verbal permission of the property owners. We had prepared a drainage easement plat and submitted it to the County in June. Following review and revisions, that plat was recorded in September. In October, a drainage ditch, which had been constructed through the Stanley Welsh property, was obliterated at Mr. Welsh's doings. He felt that the ditch was a hazard to area children. Mr. Jankowski reported that he had sent out letters to the 13 individuals that were identified as owners of the parcels along the drainage easement. An offer of $1,000 per acre has been made, along with a request for a response as to whether or not this is acceptable. He explained that he had contacted Mr. Welsh to tall about negotiating an easement across his property. He concluded from the conversation that the City would have to proceed with condemnation. Mr. Welsh has also begun to ~l in a portion of the DNR protected wetland south of 153rd. Mr. Jankowski stated he is proposing the City basically take the east 650' of Mr. Welsh's property for drainage and utility purposes. This is an area of approximately 1.34 acres of which approximately 0.75 acres is wetland. This land would be used for drainage and wetland restoration to be used in the future for wetland mitigation. He presented a schedule to the Council to bring this project to closure. He added that if easements could be negotiated, they would be; however, if that is not possible, he would like to commence condemnation proceedings. City Administrator Schroeder stated it would be staff's plan to file eminent domain fairly immediately if Council approves of this. Councilmember Peterson inquired if the cost to restore the wetland and the re-digging of the ditches would be borne by the City. Mr. Schroeder stated that the City would make the case that it be compensated for Mr. Welsh's unlawful acts. Councilmember Beyer suggested the easements should have been acquired prior to the project beginning. Steve Welsh, stated that he, along with his dad Stanley, gave permission to run a ditch across the property and where the ditch would go. He said that Stanley told the City about the liability problem (hazardous to children) and that nothing was done about it. Therefore, to prevent something happening, he (Stanley) just filled it in. It was not a wetland where he filled in. He has previously grown corn there and you cannot grow a crop in a wetland. Mr. Jankowski stated that the DNR has said it is a wetland. Stanley Welsh stated he did not like to be accused of filling up DNR's land, but that he filled the land up the way it was supposed to be. He took 250 yards out and put 250 yards back. City Council/November 14, 1995 Page 6 of 13