03-07-2005 Minutes - Laserfiche WebLink

Cass County Highway # 34 Channel (South Road Ditch) Reconstruction The original road ditch reconstruction project in 1996 generally reconstructed the south road ditch of Cass County Highway # 34 in Sections .20 & 21 and completed a minor channel bottom cleanout in Section 22 west of the Elm River, all in Gunkel Township. The work completed in 1996 did not construct the south road in-slope as per the permit approved for the project. This resulted in the channel bottom being located too close to the roadway. Alternatives for Remedy Alternative # 1 - Complete Channel Reconstruction We have estimated the cost to complete the project as per the original permit is $410,000. This estimate allows for the construction of the south road ditch in . Sections 20 and 21 and that portion of Section 22 west of the Elm River. At the request of the affected property owners and Cass County, we have estimated it will cost $250,000 to complete the construction through Sections 20 & 21 and that it will cost $160,000 to reconstruct the road ditch through Section 22 west of the Elm River. ( - (\L> .Alternc¡ttive # 2 - Take cor.rective Measures Through Litigation ) ÇS ut -m' Y\')cLQ dfaJ naae cÞ mf h1irti ) This alternative woul-d place the issue of the improper original construction in the court system to determine how to correct. The matter could be brought into the court system by anyone of several potential parties (Cass County, North Cass Water Resource District, anyone or all of the adjoining impacted property owners or Roger Nelson, the permit applicant); Should the North Cass WRD be involved with this issue, their only remedy is to determine if the project meets the permit conditions, and if not, order the existing project closed and charge the cost of closing the illegal project against the property of the landowner(s) responsible. We have estimated the cost to close the drain to be $195,000. The WRD cannot complete the construction of the project through this process. Cass County could become involved by filing an action against those who constructed the project improperly. With this option, the County would be asking to have the highway in-slope properly constructed, per the 1996 permit, with or without the proposed project. Adjoining property owners could also become involved by filing an action against those who constructed the project improperly.