Minutes - Council - 07/27/2021 - Laserfiche WebLink

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Councilmember Heineman stated he would like to second the motion. City Administrator Ulrich stated it would be appropriate for the City Council to direct City Staff to rewrite the Resolution and develop findings of fact, to be reviewed by the City Council at their August 10, 2021 meeting. He added findings of fact would include establishing that the footings do not impede the wetland, and that there is no anticipated impact to the drainage and utility easement. He noted the Resolution would be based on due diligence and established facts, and would not set a precedent for other situations. Councilmember Specht stated the motion should give the applicant confidence that this item will be approved pending the outcome of specific a review by City Staff. Motion by Councilmember Specht, seconded by Councilmember Heineman, to postpone the easement encroachment agreement to the City Council’s August 10, 2021 meeting and direct City Staff to develop findings of fact supporting an easement encroachment. Further discussion: Councilmember Heineman thanked Ms. Raines for investigating this issue and following up on the requirements of the City Code. He commended his colleagues for using their discretion and creating a win/win situation. He thanked the resident for showing up and doing due diligence on this issue. Councilmember Riley asked why footings are not allowed in a drainage and utility easement. He asked whether it is a safety concern, or a drainage concern. City Engineer Westby stated constructing something within an easement is an encroachment on the setback and buffers that are in place to protect the easement area. He added this issue has come up a lot in this development and should decrease when the development is built out. Councilmember Riley stated he feels a strong obligation to support the recommendations of City Staff. He added, in this case, a permit was not obtained. He noted maybe the rules need to be changed, specifically in this development, so the policy supports the recommendations of City Staff and flexibility can be applied. Councilmember Musgrove asked whether a requirement could be included in the findings of fact that there will be no further building in the easement near this property or in this development. She added the City Council is generous in supporting this request with footings located in the easement. She thanked Ms. Raines for her work on this issue, as there are many such cases coming forward related to City Code. City Administrator Ulrich stated the proposed Resolution for this application cannot be expanded to include all properties in this development. He added City Staff can discuss policy and review some general solutions that would allow more flexibility, as suggested by Councilmember Riley. Motion carried. Voting Yes: Mayor Kuzma, Councilmembers Heineman, Howell, Musgrove, Riley, Specht, and Woestehoff. Voting No: None. City Council / July 27, 2021 Page 15 of 25