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<br />Mayor Gamec suggested the Public Works Committee work with the Park and Street Depatiment <br />to draw up a diagram of the needs. <br /> <br />Councilmember Cook indicated if the land will not be used at this time, it may be better for the <br />City to own it and lease it out for a use that will not tie it up for the long tenn. <br /> <br />Motion by Councilmember Zimmerman, second by Councilmember Cook, to ratify the <br />recommendation of the Public Works Committee and approve the City taking control of the <br />cunent property at the Public Works Campus out to Limonite Street. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Zimmemlan, Cook, Elvig, Kurak, <br />and Strommen. Voting No: None. Absent: Councilmember Pearson. <br /> <br />3) Consider Policy on Retaining \VaIls <br /> <br />Councilmember Zimmennan reported some residents are building retaining walls in areas needed <br />for stom1 ponding, which will possibly lead to litigation from the City. A policy is being <br />presented that would prohibit the building of retaining walls in a drainage and utility easement. <br /> <br />Assistant Public Works Director Olson explained if many people build a retaining wall in these <br />easements in a subdivision, the amount of water elevation from a given st01111 would be a lot <br />higher than Oliginally planned for that subdivision. This policy is being brought forward as a <br />proactive means to discourage these retaining walls so there are not catastrophic events in the <br />future. <br /> <br />Councilmember Cook inquired if language could be included to ret1ect that the City Engineer <br />could grant pennission for a retaining wall in some instances. <br /> <br />Assistant Public Works Director Olson replied the language could renect that either the retaining <br />walls would not be allowed or written pennission could be received from the City. <br /> <br />Mayor Gamec questioned if the City restores retaining walls or fences that are located in an <br />easement if the City needs to do work in that easement. <br /> <br />Assistant Public Works Director Olson responded in the affinnative. <br /> <br />City Attorney Goodrich advised if the City needs to use the right-of-way in the future, the City <br />will not pay for that again because the City already owns the easement. Essentially residents are <br />putting the retaining walls in at their own risk, should the City have a need to use the entire <br />easement. The City does not want to go through the acquisition of a retaining wall that is already <br />on property the City owns, and this is a slippery slope. Any retaining walls should be put in at <br />the propeliy owner's risk. <br /> <br />City CouncilJAugust 10, 2004 <br />Page 18 of 27 <br /> <br />P32 <br />