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t) <br />yor Gamec suggested the Public Works Committee work with the Park and Street Department <br />[raw up a diagram of the needs. <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 />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 />current property at the Public Works Campus out to Limonite Street. <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Zimmeinian, Cook, Elvig, Kurak, <br />and Strommen. Voting No: None. Absent: Councilmember Pearson. <br />3) Consider Policy on Retaining Walls <br />Councilmember Zimmenman reported some residents are building retaining walls in areas needed <br />for storm 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 />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 storm would be a lot <br />higher than originally planned for that subdivision. This policy is being brought forward as a <br />proactive means to discourage these retaining wails so there are not catastrophic events in the <br />future. <br />Councilmember Cook inquired if language could be included to reflect that the City Engineer <br />could grant permission for a retaining wall in some instances. <br />Assistant Public Works Director Olson replied the language could reflect that either the retaining <br />walls would not be allowed or written permission could be received from the Citv. <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 />Assistant Public Works Director Olson responded in the affirmative. <br />City Attorney Goodrich advised if the City needs to use the night -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 />Oil property the City owns, and this is a slippery slope. Any retaining walls should be put in at <br />the property owner's risk. <br />City Council/August 10, 2004 <br />Page 18 of 27 <br />