Agenda - Council - 02/12/2002 - Laserfiche WebLink

Home

dug out as a drainage and utiIity easement the property owner could no longer use the land for those purposes. Counciimember Zimmerrnan stated that the property, owner always has the right to a~ee or disa~ee whether or not there should be a drainage and utility easement over the wetlands when they plat their property. Councilmember Hendriksen inquired ms to how many of the cities that stuff contacted offer an exception to the requirement. Commun/ty Development Director Frolik replied that none of the four cities that she spoke with have any type of exception. Counciimember Kurak note~!t~.they are only talking about areas outside of the MUSA .and over ten acres in size. :~;~i~'the¥'~e trying ro do by allowing the exception is allow farmers to farm the/r 1and withSfit encumbe~g the property with drainage and utili, easements. She stated that she pers0~!y kn~w~f an:~instance where there have been drainage and util/ty easements over wetland' ~i~&~!'C'itw :h~()[~g ponds. She felt that what was being proposed was fa/r for residents/.n the Ci~'~f'R~%~': Councflmemoer Z~mmerman rephed r~ae:~ent~re parcei would not be pieced under a drainage and utflitw easement onlv the portion ~k City would deem necessary.. City £n.o~eer ©lson explained that th'~:~$'~ed p.~¢y does not preclude the Ci~ fi'om asking for drain~.~ and utitirv easement. If a p[~e~ own~,:a~ees to the drainage and utility easements. ~n would save. them the step of havin~~. ~. ,,,'--,--'~:~;'~:~:~"'ide~d"~n'age"~+~. ~ ,~ ~'::~-., patterns, on the property.. . Counculmember Hendnksen stated that ~t seem'e~ as zf!b~her c~t~es reqmre the red, carton of wetland and yet the City of Ramsey woutd be mkin~ ~e o~osite ~o. ach. He reit the solution might be to require that all wetlands be encumbered with' drainag~.~}~?i!ity easements unless the property owner requests a waiver and proves that it is not ~e~d. [f~ey as a Council make a conscious dec/s/on nor to acquire the wetland it should ha~b~e under a very careful process with proof being presented why the easement is not necessary. Councilmember )mderson questioned what the City Attorney's Opin/on was regarding the policy. City. Aaorney Goodrich felt that there were sufficient safe g-uards in the policy as proposed, but noted that he did not see any problem with Councih-nember [--Iendr/ksen~s recommendation either. City. En~neer Olson inquired if Councih:nember Hendfiksen was suggesting that the City require the delineation of all wetlands, but ~ve the property owner the opportunity to prove that the drainage and urfliry easement is not necessary.. Ci~ Council/January 22, 2002 Page 6 of 27 I I I I I I I I I :1 I I, I I I I I I I