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easement is necessary. He did not believe there was much difference between the proposed <br />policy and what Councilmember Hendriksen was recommending. <br /> <br />Councilmember Hendriksen stated that a large percentage of people would not object to the <br />easement and would rather place the onus of responsibility on the property owner rather than the <br />City Engineer. <br /> <br />Councihnember Kurak inquired if they handled the policy as recommended by Councilmember <br />Hendriksen how would it pertain to the McDonald's property. <br /> <br />City Engineer Olson stated that the Council would be the body to make the final decision as it <br />relates to the plat. He felt that the policy as proposed was good because it did provide for some <br />flexibility. He as the City Engineer would place the requirement on the property owner to <br />demonstrate why the drainage and utility easement is not needed. <br /> <br />Councilmember Hendriksen felt that that was how it should be stated in the policy. <br /> <br />Mayor Gamec replied that the City Engineer has to make the recommendation regardless of the <br />way it is written in the policy. <br /> <br />City Engineer Olson stated that the Council is who makes the final decision. He felt that the <br />compromise had already been made because they would not be requiring wetlands in the far <br />reaches of the City to be encumbered by a drainage and utility easement simply because they are <br />trying to construct three homes. <br /> <br />Councihnember Hendriksen stated that there is a wetland adjacent to Alpine Drive with <br />numerous properties adjacent to it and it has been an ongoing problem for 20 years. He thinks <br />there are still places in the City where they don't have the required easements. He did not think <br />it was a bad thing to require easements over wetlands because to do it later becomes cumbersome <br />and costly. He felt that they should be taking the easement and then if there is reasonable <br />rationale not to encumber the wetlands then it should be up to the property owner to prove that <br />and then the final decision should be made by the Council. <br /> <br />City Engineer Olson noted that he would almost always ask for a drainage and utility easement. <br /> <br />Councilmember Hendriksen replied then that should be in the policy. <br /> <br />City Engineer Olson stated that he would always ask for the easement, but would also explain <br />that because they are outside of the MUSA it is not required; however, they would be required to <br />provide the proper information to prove the easement is not necessary. <br /> <br />Councihnember Hendriksen felt that the policy should state that in every case, encumbering <br />wetlands with drainage and utility easements is required and then if the property owner objects <br />the property owner needs to write that and then it would be subject to Council approval. <br /> <br />City Council/January 22, 2002 <br /> Page 7 of 25 <br /> <br /> <br />