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

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LI I I I I I I I I I I I I I I I policy to exempt the wetland delineation and encumbrance requirement on any proposed lots outside the Metropolitan Urban Service Area that exceeds 10 acres in size. The purpose of encumbering wetlands with drainage easements is to let the owner know the buildable limits of their property and provide the City with the ability to run water over or through the area. During the November 13 discussion, Councilmember Hendriksen raised a concern that exempting the requirements for drainage and utility easements may cause difficulties due to the fact that additional runoff can be expected when property subdivides. Therefore the City has a responsibility to ensure that this runoff does not become problematic for adjacent properties. City Staff has added text to the proposed policy to clarify that the wetland encumbrance exemption on lots exceeding 10 acres in size does not supercede the City's authority to require drainage easements when necessary to convey surface water. Council also requested that Staff survey other cities regarding wetland delineation and encumbrance. The cities of Ham Lake, Elk River, Blaine and Andover all,re.quire drainage easements to be placed over wetlands during the ,,~3. ~:~, platting process.' City Staff.~e¢O~ended adopting the policy as proposed. Councilmember Hend~I~sen inqmre~i£ the policy presented included the ten-acre exemption. Community De elo ~::~-"3~,~, v pmen~d~tiSi- Fr~Bk?,~lied yes, explaining that language was added stating that when there Js a drmnage patt~ t~ fac}}}~,~te surface water run°ff it is not superceded by the Councilmember Hendriksen inquired:~to how Community Development Director Engineer. know that. staff would rely on the opinion of the City City Engineer Olson explained that the new responsibility on the City Engineer, but reviewed that even it the delineated as a drainage and utility easement they would not be protectm, g all of the drainage on the prope~. The drmnage patterns would have to be defined and protected. The current pohcy of, ting ali wetlands w~th drmnage and ut~hty easements does not resolve the problem e~tl-te,~SP' ,~ Councilmember Hendr/ksen stated that he did not understari~l' what they would be accomplishing with the exception. City Engineer Olson explained that anything encumbered with a drainage and utility easement can give the City more fights to the land, such as digging a six foot deep pond, which would preclude the use of the land for agr/culmral purposes. Councilmember Zimmerman stated that he failed to see what additional rights the City would be given above and beyond what is stated on the plat. City Engineer Olson replied that encumbering the wetlands with a drainage and utility easement does not preclude the homeowner from using the land for agricultural purposes, but if the land is City Council/January 22, 2002 Page 5 of 27