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adequately maintain it in the future. Even though state ditch laws would allow the City the right <br />to maintain the ditch, it was Council's feeling that those individuals that have a ditch on their <br />property should be compensated for the inconvenience of potential access and other impacts <br />associated with maintenance. Mr. Belschner, along with many other residents along the <br />ditch, were sent letters in 2006 requesting consideration to sell the City drainage and utility <br />easements. Approximately 90% of the impacted property owners consented to the easements, <br />but for those that did not respond state ditch laws were used for the ditch cleaning project. Mr. <br />Belschner is now requesting that the City follow through with the purchase, as there was no <br />sunset date on the correspondence. <br /> <br />Councilmember Tossey asked Mr. Belschner why he waited so long to come forward with this. <br /> <br />Mr. Belschner responded at the time there was lack of communication and distress and in <br />reviewing the letter there is no stipulation on time. <br /> <br />Chairperson McGlone asked staff to clarify the communication staff had with the residents. <br /> <br />Public Works Director/Principal City Engineer Olson responded there was a significant amount <br />of public input, we asked for 60 easements, we acquired 90-95% of those easements. <br /> <br />Vice Chair Elvig reviewed how this project originally developed. <br /> <br />Councilmember Tossey commented that we had the right to do this regardless. <br /> <br />Councilmember McGlone is not in favor of paying Mr. Belschner six years later. <br /> <br />Vice Chair Elvig commented that the letter does not state a statute. <br /> <br />Councilmember McGlone suggested bringing forward to City Attorney and getting a legal <br />opinion and move forward to Council. <br /> <br />Director of Public Works/Principal City Engineer Olson added that he will contact the <br />Tinklenberg Group for a record of correspondence to Mr. Belschner. <br /> <br />There was discussion from the Committee that this project dates back six years and would like to <br /> <br /> <br />Motion by Chairperson McGlone, seconded by Councilmember Tossey to recommend to City <br /> <br /> <br />It was further discussed that this item should be presented on the regular agenda of the February <br />8, 2011 City Council meeting, and Mr. Belschner should be contacted. <br /> <br />Motion carried. Voting Yes: Chairperson McGlone and Councilmember Tossey. Voting No: <br />Councilmember Elvig. <br /> <br />Public Works Committee / January 18, 2011 <br />Page 4 of 10 <br /> <br />