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CMO.ayoi· Game< suggested the Public Works Committee work with the Park and Street Department <br /> draw up a diagram of the needs. . <br /> ouncihrmmber Cool< indicated if the land will not be used at this time, it may be better for the <br /> City to own it and lease it out for a use that wilI not tie it up for the long tern't. <br /> <br /> Motion by Councihnember Zimmennan, second by Councilmember Cook, to rati£y the <br /> recommendation of the Public Works Committee and approve the City taking control of the <br />currant prop<try at the Public Works Campus out to Limonite Street. <br /> <br /> Motion carried. 'Voting Yes: Mayor Game<, Councilmembers Zimmerman, Cook, Elvig, Kurak, <br />d Strommen. Voting No: None. Absent: CouncilmemberPearson. ~ <br /> <br />Consider Policy on Retaining Walls <br /> <br />Councihnember Zimmennan reported some residents are building retaining walls in areas needed <br />tbr stom~ ponding, which will possibly lead to litigation fi'om the City. A policy, is being <br />presented that would prohibit the building of retaining wails in a drainage and utility easement. <br /> <br />Assistant Public Works Director Olson explained if many people build a retainiflg wall in these <br />easements in a subdivision, the amount of water elevation from a given storm would be a lot <br />higher than originally planned for that subdivision. This policy is being brought forward as a <br />proactive means to discourage these retaining walls so there are not catastrophic events in the <br />hltm'e. <br /> <br />Councilmembcr Cook inquired if language could be included to reflect that the City Engineer <br />could grant permission for a retaining wall in some instances. <br /> <br />Assistant Public Works Director Olson replied the language could reflect that either the retaining <br />walls would not be alIowed or written permission could be received from the City. <br /> <br />Mayor Game< questioned if the City restores retaining wails or fences that are located in an <br />easement if the City needs to do work in that easement. <br /> <br />Assistant Public Works Director Olson responded in the affirmative. <br /> <br />City Attorney Goodrich advised if the City needs to use the right-of-way in the future, the City <br />will not pay ~'or that again because the City already owns the easement. Essentially residents are <br />putting thc retaining walls in at their own risk, should the City have a need to use the entire <br />easement. The City does not want to go tlu'ough the acquisition of a retaining wall that is already <br />on property the City owns, and this is a slippery slope. Any retaining walls should be put in at <br />the property owner's risk. <br /> <br />48 <br /> <br />City CounCil/August 10, 2004 <br /> 'Page 18 of 27 <br /> <br /> <br />