Minutes - Council Work Session - 03/21/2006

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limits, and that this would not be extended along the ditch for other property owners. He advised even if the contractor does not pay for the trees, the City should take that initiative to provide the trees. Mayor Gamec asked if the maintenance area of the ditch will be seeded when it is drier, and whether the stumps will be removed. Public Works Director Olson replied the maintenance area will be seeded. He explained the project includes a cost of clearing and grubbing, which means the stumps next to the ditch should be taken out all the way to the soil. Councilmember Elvig stressed the need to take strong measures in relation to the contractor going beyond the staked area. Public Works Director Olson indicated the contractor has been warned. If there is another situation staff would like the operator to be issued a citation. Police Chief Way indicated he will physically walk the area tomorrow and will talk to the contractor. Councilmember Elvig inquired if residents might challenge the City by stating 66 feet is not needed to run the equipment down into the ditch to clean it. City Administrator Norman advised ditch law is archaic and requires specialized attorneys. Public Works Director Olson indicated the City Engineer has put together a plan that identifies 33 feet on either side of the center line of the ditch. This is what was bid, and what the contractor feels he has to work with. Also, this equipment needs 29 to 30 feet to turn around from the bank to the edge where the rights are depicted. Councilmember Elvig suggested photographs of the equipment maneuvering might be helpful. He inquired if the City is obligated to purchase the easement rights. Public Works Director Olson replied the purchase of the easement rights is above and beyond what is required. These ditches were constructed between 1890 and 1920 and the drainage utility easement the City is purchasing will be recorded as easements on record that will show up against the title and will be documents that are readily available. These easements will make it easier to maintain the ditch in the future. Location for Happy Days City Administrator Norman indicated staff has determined there will be an issue with available space for Happy Days in the current location due to the GM Homes development. There was discussion of a street dance for Happy Days in front of the new Municipal Center. Mayor Gamec suggested the Happy Days Committee review the situation. City Council Work Session / March 21, 2006 Page 5 of 7