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

Home

I I I I Councilmember Hendriksen replied yes. City Engineer Olson explained that the policy 'as it was presented would require that any plat within the MUSA 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 drainage and utility easement is necessary. He did not believe there was much difference between the proposed policy and what Councilmember Hendriksen 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 inqu~Jie"~f, they handled ~e policy as recommended by Councilmember Hendriksen how would.~,t, ii~ain ~!:.i~e McD°nald s property. C~ty Engineer Olson stated that ~a' Cotmczl would be the body to make the final dec,stun as ~t relates to the plat. He fel~ thai-the po~y ~,..,proposed was good because tt d~d provide for some flexibility. He as the C~ty En~e~r,~ wouI{~place the reqmrement on the property owner to demonstrate why the drainageT~*'hti~li~ easement is not needed. ' Councilmember Hendriksen felt that ~at was how it should be stated in the policy. Mayor Gamec rephed that the Czty Engineer{has tosmake the recommendation regardless of the way ~t ~s wntten m the pot~cy ',~z~':~ ~ C~ty Enganeer Olson stated that the Council ~sf ho;~ri:~ikes the,.,fanal dems~on. He felt that the compromise had already been made because th~y:~'woul'~i,~ot be ,[~e§umng wetlands zn the far reaches of the City to be encumbered by a drainage and uti~fy ease~,t simply because they are trying to construct three homes· ' Councilmember Hendriksen .stated that there is a wetlan'~:~djacent to Alpine Drive with numerous properties adjacent to it and it has been an ongoing problem for 20 years. Think there are still places in 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 costly. 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. Councilmember Hendriksen replied then that should be in the policy. City Council/January 22, 2002 Page 7 of 27 -33-