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

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CiV En~neer Otson stated that he would always ask for the easement, but would also explain that because they are outside of the MUSA it is not required but they would be required to provide the proper information to prove the easement is not necessary,. Couneflmember Hendriksen felt that the policy should state that in eve~ cruse encumbering wetlands with drainage and utility., e~ements is required and then if the prope~W ow2er objects the prop.ervy owner needs to write that down and then it would be subject to Council approval. Council.member Kurak reviewed what was included in the proposed policy explaining that it does not take away the City's right to demand an easement if' the CitY sees it fit. Councilmember Hendriksen stated that he felt it was better for the City to have the right to take easement in eveu case and then have the property owner defend why it is not necessary. He inquired if the City would ha~:~6:defend the "if necessary" if challenged in court. City Attorney Goodffch' replied th~they would have to defend the "if necessary" portion of ~e policy, but would hav"~:to do so al 8:' if' are ~ven an option to challenge the decision. Morion by Counciirnember Kura~e'~., nded' by Mayor Gamec, to adopt Resolution #02-01- requiring alt plats to delineate, tli-~3~re~ce off~etlands and encumber the wetlands with draJanage easements; except that any pro-posed la m a;:i;i:ten acres or more in size on a plat that is located outside the boundaries of the MUSA shall not be required to delineate and encumber wetlands. Further discussion: Councilmember ~,~e~an s~iSd that several other cities do not allow for the exception and not ali wedands are easiIy d'ei~rmined as~ne may think. He stated that when the federal government created the wetland cons~=atio-a:i~{;'{~ey made exceptions for farmlands, but when they start subdividing land they enter:ii nem}?eaim. C~smmunity Development Director Frolik noted that the current policy is an unWritta :' ;'oti a, She' iaggested adding a qUalifier in the first s~.ntence of,-_ tn the pohcy that would state may be exempt"'m~Iess approved by the C~ty Council. Councilmember Hendr/keen inquired if that would be.,,~i~O~.ropr/ate. City Attorney Goodrich replied' that that' language .change would be accep~!e:~ bu.r~::Would probably bring opposition amongst the Council. · Councilmember Kurak note~2~'at those lan~o-uage changes were not part of her motion. Councitmember Anderson questioiSed if' a prope,wy owner is going to have to spend a tot of money to receive the waiver is it practical to even offer the waiver. City Eng-ineer Olson replied that it would depend on the importance of the land to the property owner. Motion by Councilmember Hendr/ksen, seconded by Councilmember Zimmerman, to change the word "shall" to "may" in #2 of the policy following the wording "Metropolitan Urban Service ,q'ea.." Furraher discussion: Councilmember ,amderson stated that shall is a required word in the law, where may is discretionary. She inquired as to whom would be makLng that decision: Counciimember Hendfiksen replied that the City would make that decision. He stated that he could accept the poiicy if the policy states that a property, may be exempt. Councilmember Ci~ Council/January '~'~ '~00'~ Page 8 of 27 I I I I I I I I I I I