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

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I I I I I I I I I Councilmember Hendr/ksen replied yes. City Eng/neer Olson explained that the policy as it was presented would require that any plat within the IvlUSA that included wetlands would automatically be encumbered by a drainage and utility, easement. What the policy would allow for is anything outside of the MUSA and over ten acres the City Engineer would be able to make a determination as to whether the dra/_nage and utility easement is necessary. He did not believe there was much difference between the proposed policy and what Councilmember Hendr/ksen was recommending. CounciLmember Hendriksen stated that a large, percentage of people would not object to the easement and would rather place the onus of responsibility on the property oWner rather than the City En~neer. Councilmember Kurak in~u~e~t':'ff..they handled the policy as recommended by Councilmernber Hendriksen how woutdic~i~'~ain t0::ithe McDonald's property. City En~neer Olson 'stated that th~ Comacil would be the body to make the final decision as it rela[es to the plat. He f~12t thsC[~TP~' ~-;,proposed was good because it did provide for some flexibility. He as the the requirement on the property owner tO demonstrate why the dra/nage:.~:Cr:'U, ti~.~as~ent is not needed. Councilmember Hendr/ksen felt that ~t w~ how it should be stated in the policY. lV[ayor Gamec replied that the City En'am~r~has ts:'rnake the recommendation regardless of the way it is written in the policy. :~?~ ~ City En~ineer Olson stated that the Council ~i:;~'ho~:~es ~!.~:bnal decision. Fie'felt that the - ~ .~.~:~ 'q:7~'-~, '~ . . . comprormse had already been made because ~ey~woul~i:;:not be ~lumng wetlands m the far reaches of the City to be encumbered by a drainage and ufi~b ease~knt simply because they are trying to construct three homes. ~:;7;~)~:~'~, Councilmember' Hendriksen stated that there is a Wetlaa~?~jacent to Alpin'e Drive with numerous properties adjacent to it and it has been an ongoir~g problem for 20 years. TEink there are still places ~ the City where they don't have the required easements. He did not it was a bad thing to require easements over wetlands because to do it later becomes cumbersome and cosily. He felt that they should be taking the easement and then if there is reasonable rationale not to encumber the wetlands then it should be up to the property owner to prove that and then the final decision should be made by the Council City Engineer Olson noted that he would almost alWays ask for a drainage and utility easement. Councihnember Hendr/ksen replied then that should be in the policy. City Council/January Page 7 of ."_.7