Minutes - Council - 01/22/2002 - Laserfiche WebLink

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Councilmember Kurak reviewed what was included in the proposed policy explaining that it does not take away the City's right to demand an easement if the City sees fit. Councilmember Hendriksen stated that he felt it was better for the City to have the right to take easement in every case and then have the property owner defend why it is not necessary. He inquired if the City would have to defend the "if necessary" if challenged in court. City Attorney Goodrich replied that they would have to defend the "if necessary" portion of the policy, but would have to do so also if they are given an option to challenge the decision. Motion by Councihnember Kurak, seconded by Mayor Gamec, to adopt Resolution #02-01-019 requiring all plats to delineate the presence of wetlands and encumber the wetlands with drainage easements; except that any proposed lot that is ten acres or more in size on a plat that is located outside the boundaries of the MUSA shall not be required to delineate and encumber wetlands. Further discussion: Councilmember Zimmerman stated that several other cities do not allow for the exception and not all wetlands are easily determined as one may think. He stated that when the federal government created the wetland conservation act they made exceptions for farmlands, but when they start subdividing land they enter a new realm. Community Development Director Frolik noted that the current policy is an unwritten policy. She suggested adding a qualifier in the first sentence of #2 in the policy that would state "may be exempt unless approved by the City Council". Councilmember Hendriksen inquired if that would be appropriate. City Attorney Goodrich replied that that language change would be acceptable, but would probably bring opposition amongst the Council. Councilmember Kurak noted that those language changes were not part of her motion. Councilmember Anderson questioned if a property owner is going to have to spend a lot of money to receive the waiver and is it practical to even offer the waiver. City Engineer Olson replied that it would depend on the importance of the land to the property OWller, Motion by Councihnember Hendriksen, seconded by Councilmember Zimmerman, to change the word "shall" to "may" in #2 of the policy following the wording "Metropolitan Urban Service Area." Further discussion: Councilmember Anderson stated that "shall" is a required word in the law, where "may" is discretionary. She inquired as to whom would be making that decision. Councilmember Hendriksen replied that the City would make that decision. He stated that he could accept the policy if the policy states that a property may be exempt. Councilmember Zimmerman stated that making the language change would give the property owner recourse with the City if he did not agree with the drainage and utility easement. Councilmember Kurak felt that the City was adequately protected in the policy as originally presented. Motion carried. Voting Yes: Councilmembers Hendriksen, Zimmerman, and Anderson. Voting No: Mayor Gamec, and Councilmember Kurak. City Council/January 22, 2002 Page 8 of 25