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Community Development Director Frolik replied that the City has encumbered wetlands with <br />drainage and utility easement. <br /> <br />Councilmember Kurak inquired as to what the purpose is for encumbering all wetlands with a <br />drainage and utility easement. <br /> <br />Community Development Director Frolik replied that it is done to prevent any structures from <br />being constructed in an area that would not be approved for development. <br /> <br />Councilmember Kurak stated that she could not agree to encumbering someone's property <br />unnecessarily. <br /> <br />Councilmember Zimmerman stated that as part of plat approval, staff has to identify where <br />wetlands are, what they do with that land is a different story. <br /> <br />Councilmember Kurak replied that when there is a drainage easement on a property, the City <br />could drain as much water on to the property as they want; it is a legality issue. The City would <br />already be receiving a 50-foot ditch so she feels the City would be stepping over the boundary by <br />taking the entire wetland. <br /> <br />Councilmember Hendriksen replied that it has been done in the past. <br /> <br />Councilmember Kurak stated that just because they have done it in the past does not make it <br />right. <br /> <br />Councilmember Hendriksen replied that perhaps the policy should be reviewed. <br /> <br />Councilmember Anderson stated that having a wetland delineation is probably the answer for <br />this case. <br /> <br />City Attorney Goodrich inquired if the City was willing to pay for the wetland delineation. <br /> <br />Mayor Gamec replied that in most cases the developer pays the cost. <br /> <br />City Attomey Goodrich recommended tabling action until the developer provides the appropriate <br />wetland delineation to the City. <br /> <br />Motion by Councilmember Hendriksen, seconded by Councitmember Zimmerman, to table <br />action until the developer provides the appropriate wetland delineation to the City. <br /> <br />Further discussion: Mr. McDonald inquired if he were to allow the City to encumber all the <br />wetland what does that entail when it comes to the City using the land as a drainage area, which <br />by some extent is already done offVariolite Street. He inquired as to what the City could do to <br />direct storm water to those areas. Mayor Gamec replied that those are questions he should ask <br /> <br />City Council/September 25, 2001 <br /> Page 18 of 31 <br /> <br /> <br />