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

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-32- dug out as a drainage and utility easement the property owner could no longer use the land for those purposes. Councilmember Zimmerman stated that the property owner always has the fight to agree or disa~ee whether or not there should be a drainage and utility easement over the wetlands when they plat their property. Councilmember Hendr/ksen inquired as to how many of the cities that staff contacted offer an exception to the requirement. Community Development Director Frolik replied that none of the four cities that she spoke with haveany type of exception. Councilmember Kurak notec~'!i~.they are only talking about areas outside of the MUSA and over ten acres in size. ;. ,Wh~{'"they'~.e trying to do by allowing the exception is allow farmers to farm their land without encumbe~ the property with drainage and utility easements. She stated that she pers6~ly kne~::.ii~'f an,;: instance where there have been drainage and utility easements over wettand~nd~'~:i~ t~:i~ .:47z~ponds. She felt that what was being proposed was Cit,):~'~ R~ fair for residents in the Councilmember Zimmerman replied thaf'~:-~ntire parcel would not be placed under a drainage and utility easement only the portion th~ City wo~ld deem necessary. City Engineer Olson explained that th~':iSf~¢Sed t~6ilcv does not preclude the City fi.om asking for drainage and utility easements. If a pr3~e.~ own~i:;~grees to the drainage and utility easements it would save them the step ofhaving;~` ident/~d~:~page: ':~'~ patterns on the property. Councilmember Hendriksen stated that it seemed;as i~6ther c~ties require the dedication of wetland and yet the City of Ramsey would be tak}ng the'o~¢'osite '*~;;~' app,~0ach. He felt the solution might be to require .that all wetlands be encumbered w~th dramag,0:,~i~t~hty easements unless the property owner requests a waiver and proves that it is not nee~:b~ I~i~ey as a Council: make a conscious deciSion not to acquire the Wetland it should b,~z~e under a very careful process with proof being presented why the easement is not necessary. Councilmember Anderson questioned what the City Attorney's opinion was regarding the policy. City Attorney Goodrich felt that there were sufficient safe guards in the policy as proposed, but noted that he did not see any problem with Councilmember Henddksen's recommendation either. City Engineer Otson inquired if Councilmember Hendfiksen was suggesting that the City require the delineation of all wetlands, but give the property owner the opportunity to prove that the drainage and utility easement is not necessary. City Council/January 22, 2002 Page 6 of 27 I I I I I I I I I I I I I I I I I I