Agenda - Council - 09/13/2004 - Laserfiche WebLink

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Cou,~cilmember Strommen indicated granting permission for a property owner to put in a retaining wall in the easement could create problems if they were to sell the property. Eventually the property owner may not be the person that put in the retaining wall at their own risk. Councihnember Cook commented if everyone was to put in a retaining wall at their own risk there would not be anywhere for the water to go. The retaining walls should be kept out of the easements. Councihnember Kurak stated she is amazed anything can be put in an easement. She thought property owners were required to maintain the easement, but that they do not own it. City Attorney Goodrich advised the easement can be used as long as it does not interfere with the. intended use o f the easement. Assistant Public Works Director Olson explained the City has control of all structures and requires building permits for every building that goes up so they can determine it is in an appropriate place. This policy should either prohibit retaining walls in the easements or require permits tbr every retaining wall, regardless of where they are located. Counci hnember Kurak expressed concern of allowing anything in an easement. Councihnember Cook noted this would set the policy that the retaining walls cannot be placed in at] easement, and would give staff the attthority to require a retaining wall located in an easement to be removed. The consensus of' the Council was that the policy should prohibit retaining walls in easements, with no language included regarding obtaining permission to build a retaining wall. Motion by Councilmember Elvig, second by Councilmember Cook, to ratify the recommendation of the Public Works Committee and adopt the following policy prohibiting retaining walls in drainage and utility and right-of-way easements. A Policy Prohibiting Retaining Walls Within Drainage and Utility Easements The location of retaining walls within drainage and utility easements has the potential to cause damage to the wall trom flooding events. In addition, the construction of retaining walls results in decreasing the volume of the designed pond volume which consequently reduces the protection to property fi'om flooding. For the above reasons it shall be .the policy of the City of Ramscy to prohibit the construction of arty retaining wall within a drainage easement, utility easement, and right-of-way easement. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig, Cook, Kurak, Strornmen, and Zimmerman. Voting No: None. Absent: CouncilmemberPearson. City Council/August 10, 2004 Page 19 of 27 -43-