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REQUEST FOR COUNCIL ACTION Date: 3/21/11 Item No.: 7. k Department Approval City Manager Approval Item Description: Approve Temporary Construction and Access Easement for Rosewood Wetland Expansion 11 BACKGROUND 2 On October 25, 2010, the City Council awarded the Rosewood Wetland and. Midland. Hills 3 Drainage Improvements project to Minnesota Dirt Works, Inc. This project is located in the City 4, right-of-way as well as on private property. Six drainage easements were needed to complete the 5 project; three easements from private property owners had been acquired prior to the contract 6 award. The completion of this contract was contingent upon the acquisition of the three "7 remaining easements: two from the Midland Hills Country Club (MHCC) and one from Mr. John 8 Robinson, a private property owner. The City Council approved the drainage easements on the 9 MHCC property at the November 8, 20 10, City Council meeting. The contractor has completed 110 the excavation on all portions of the projiect for which easements have been acquired. Final 11 grading and restoration will be completed in the spring, once the snow has melted and road 12 restrictions are lifted. 13 14, Mr. Robinson owns the parcel of land on which the majority of the existing wetland lies. 15 Because the work is on his property, the City needs to obtain a temporary construction and 116 access easement. Over the course of the design process, City staff worked with Mr. Robinson on 1 7 developing a design that would meet his desire to have more water in the wetland as well as 11 111",,'1�111 provide flood protection for the neighbors. Because of these mutually beneficial goals, City staff 119 felt that obtaining this easement would be straightforward. Mr. Robinson expressed some 20 concerns with the design and requested modifications to the plan. City staff revised the design 2 1 of the wetland expansion, by both increasing the size and depth of the wetland, to meet Mr. 22 Robinson's requests. Revisions were made to the maximum extent allowed while still meeting 23 the requirements of the Rice Creek Watershed District permit issued for this project. Mr. 24, Robinson also had concerns about terms of the construction and protecting his interests in the 25 property, which were addressed in the easement document while working with the City attorney 26 and Mr. Robinson's attorney. 27 POLICY OBJECTIVE 28 In 2007, the Walsh Lake subwatershed was added as a problem area to the City's 29 Comprehensive Surface Water Management Plan (CSWMP.) One of the goals from the City's 30 CSWMP is to provide flood protection for all residents and structures as well as protect the 3 1 integrity of conveyance channels and storm water detention areas. This project is also consistent 32 with City water quality goals. Page I of 2