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<br />Coul1cilmcmber Strommen indicated granting penmSSlOn for a property owner to put in a <br />retaining wall in the easement could create problems if they were to sell the property. Eventually <br />the property owner may not be the person that put in the retaining wall at their own risk. <br /> <br />Councilmember Cook commented if everyone was to put in a retaining wall at their own risk <br />there would not be anywhere for the water to go. The retaining walls should be kept out of the <br />easements. <br /> <br />Council member Kurak stated she is amazed anything can be put in an easement. She thought <br />propeI1y owners were required to maintain the easement, but that they do not own it. <br /> <br />City Attorney Goodrich advised the easement can be used as long as it does not interfere with the <br />intended use of the easement. <br /> <br />Assistant Public Works Director Olson explained the City has control of all structures and <br />requires building permits for every building that goes up so they can detelmine it is in an <br />appropriate place. This policy should either prohibit retaining walls in the easements or require <br />peIlllits for every retaining wall, regardless of where they are located. <br /> <br />Council member Kurak expressed concern of allowing anything in an easement. <br /> <br />Councilmcmber Cook noted this would set the policy that the retaining walls cannot be placed in <br />an easement, and would give staff the authority to require a retaining wall located in an easement <br />to bc removed. <br /> <br />The consensus of the Council was that the policy should prohibit retaining walls in easements, <br />with no language included regarding obtaining permission to build a retaining wall. <br /> <br />Motion by Councilmember Elvig, second by Councilmember Cook, to ratify the <br />recommendation of the Public Works Committee and adopt the following policy prohibiting <br />retaining walls in drainage and utility and right-of-way easements. <br /> <br />A Policy Prohibiting Retaining Walls <br />Within Drainage and Utility Easements <br /> <br />The location of retaining walls within drainage and utility easements has the potential to cause <br />damage to the wall from flooding events. In addition, the construction of retaining walls results <br />in decreasing the volume of the designed pond volume which consequently reduces the <br />protection to propeliy from flooding. For the above reasons it shall be the policy of the City of <br />Ramsey to prohibit the construction of any retaining wall within a drainage easement, utility <br />easement, and right-of-way easement. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig, Cook, Kurak, Strommen, <br />and Zimmenllan. Voting No: None. Absent: Councilmember Pearson. <br /> <br />City Council/August 10, 2004 <br />Page 19 of27 <br /> <br />P33 <br />