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Council Memo <br /> Public Works Department <br /> No. 2026-65 <br /> DATE: 6/15/2026 <br /> TO: Honorable Mayor Julie Moore Wolfe and City Council Members <br /> FROM: Melissa Hon, City Manager <br /> Matt Newell,Director of Public Works <br /> Robert Weil,Water Production Manager <br /> Jennifer Gunter,Watershed & Lake Manager <br /> SUBJECT: <br /> Resolution Rescinding an Agreement with Fulk Family Farm,LLC,for Waterway and Grade Control <br /> Structure Improvements <br /> SUMMARY RECOMMENDATION: It is recommended that the City Council approve the attached <br /> resolution rescinding a Lake Decatur Watershed Farmland Agreement with Fulk Family Farm, LLC, for <br /> Waterway and Grade Control Structure Improvements. This action has been requested by the other party.No <br /> costs have been incurred to date. <br /> BACKGROUND: <br /> The Lake Decatur Watershed Farmland Conservation Program has been effective and well-subscribed. <br /> However, Fulk Family Farm, LLC, asked to rescind their agreement shortly after it was authorized by Council <br /> on June 1. See attached letter. They felt uncomfortable that the agreement would require them to pay for cost <br /> over-runs exceeding a contingency allowance. Cost over-runs have not been an issue on any of the prior <br /> projects due to excellent project management by the watershed staff. This is the first time that a property owner <br /> has requested to rescind their prior approval. The watershed work is a voluntary program and there is no <br /> compelling reason to require the property owner to go forward with the project. The funds will go to the next <br /> project in line. <br /> No construction work has been undertaken on the project and no costs have been incurred other than staff <br /> provided design time. <br /> LEGAL REVIEW: The Legal Department has reviewed the request from the landowner. <br /> PRIOR COUNCIL ACTION: <br /> June 1,2026: the City Council adopted Resolution 2026-115 authorizing the agreement with Fulk Family <br /> Farm, LLC. <br /> POTENTIAL OBJECTIONS: There are no known objections to this resolution. <br /> INPUT FROM OTHER SOURCES: <br /> See attached letter from the landowner. <br /> STAFF REFERENCE: Matt Newell, Public Works Director, Robert Weil, Water Production Manager, <br /> Jennifer Gunter, Watershed and Lake Manager. Paul Caswell and Robert Weil will attend the City Council <br />