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trail easement were vacated it would have a potential cost of $100,000 and there would still be <br />other restrictions from the wetlands and floodplain. <br /> <br />Ms. Schulwalter asked the point of the easement if the land is already protected. <br /> <br />Deputy City Administrator Gladhill replied that it provides an extra layer of protection for the <br />scenic area in terms of vegetative management and of the tree canopy cover. <br /> <br />Ms. Schulwalter commented that if the City wants that easement, it needs to manage that area. She <br />stated that there are dying trees everywhere in the easement with large branches that fall onto the <br />trail daily. <br /> <br />Deputy City Administrator Gladhill stated that staff can talk about a forestry management plan. <br />He stated that if there is a safety hazard, that can be discussed as there are opportunities for <br />vegetative management. He stated that is part of the broader neighborhood discussion that will be <br />held and would like to focus the discussion tonight on the question of floodplain fill. <br /> <br />Ms. Schulwalter stated that they have been told by City workers that they appreciate the residents <br />taking care of the lawn areas as it results in less work for them. She stated that after she moved <br />in, she submitted a complaint via email as tree trimming was completed and the branches were left <br />in her yard. <br /> <br />th <br />Josh Schulwalter, 7341 168 Circle NW, commented that he experiences dead tree fall in their <br />yard and have additional dead trees. He stated that they also have washout in their yard because <br />of the grading. He stated that they installed a fence on their property to prevent cyclists from going <br />into their yard from the trail. He stated that Capstone told them that the path could not be <br />obstructed but they were not advised of the floodplain or easement. He stated that the path is better <br />because of the retaining wall and the people are not attempting to impede on the path but make it <br />nicer for the community. <br /> <br />th <br />Tim Tyler, 7323 168 Circle, asked if the City does a survey when they plan to build a community. <br /> <br />Chairperson Bauer replied that the developer is responsible for preparing those plans and marking <br />those restrictions. <br /> <br />Mr. Tyler commented that it was then the responsibility of Capstone to alert potential buyers of <br />the restrictions. He asked for clarification on the ownership of the land within the easement. <br /> <br />Deputy City Administrator Gladhill replied that the City holds an easement on top of private <br />property and the easement gives the City certain rights. He stated that Capstone was required to <br />do additional surveying and submit the information to FEMA, which is reflected on the certificate <br />of survey. <br /> <br />Senior Planner McGuire Brigl stated that the City keeps records of surveys but does not complete <br />the surveying itself. <br /> <br /> <br />Planning Commission/ November 5, 2020 <br />Page 13 of 19 <br /> <br />