6. Staff Report-Simpson Easement Update Staff Report
Date of Meeting: August 2, 2023
For: Honorable Mayor and Council
From: Kyle Morell, City Administrator
Subject: Simpson Petition to Vacate Public Easement
Background:
Council held a public hearing for the vacation of an easement through Mr. Simpson’s property
at their July 18 meeting. Council heard Mr. Simpson detail the proposed vacation and
dedication of a new easement and ten public comments. After a brief discussion, Council voted
to vacate the existing easement. That vote failed by a 4-1 margin. Councilmember Lubke had
questions about the viability of the proposed new easement, specifically with the wetland
crossing along the north side of the new easement. There was also discussion about the
property owned by the City north of the Goose Lake public landing and whether that could
serve as a public water access. A motion was made to table the discussion until the August 15
meeting while additional information was gathered.
Discussion:
Councilmembers Cusick, Lubke, Public Works Director Fischer, and I met with Mr. Simpson at
this property on Thursday, July 20, 2023, to discuss his petition to vacate the current easement
and dedicate a new one. We walked the existing easement from Mr. Simpson’s barn to the
north corner of the property. We were shown the areas where Mr. Simpson had removed
barbed wire to clear the easement along his tree farm and the sections of the easement north
of his tree plantings where the easement has not been cleared, where the easement is
currently a path through the woods lined with old barbed wire. We were shown where the
easement had been mowed by someone other than Mr. Simpson.
Once we reached the north property line, where the easement enters Mr. Simpson’s property,
we walked West along the route of the proposed new easement. We were able to traverse the
wetland that runs diagonally through the proposed easement and continued until we reached
St. Sauver’s property. Turning South, we walked along the property line, passing by the
Conservation Easement and onto Bruce Swenson’s property. The City-owned property north of
the public landing is used by Public Works to provide aeration to Goose Lake when the DNR
requires it. The property is dry, although it is considered wetland. Public Works Director
Fischer contacted the Watershed and the Conservation District about improving and
maintaining the area. They, in turn, brought the DNR into the discussion. According to the
Conservation District, mowing wetlands is not regulated under the Wetland Conservation Act.
Mowing below the ordinary high-water level is allowed, but vegetation cannot be removed.
We are waiting for the DNR’s response.
Councilmember Lubke offered his thoughts on the visit, which are included below.
Recommendation:
No action on this item is required at this time. This information is provided for your review and
consideration. The vote to accept or deny the easement vacation was tabled until August 15.
Attachments:
Mike Lubke Email dated 07/21/203