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iclavo~- Oamcc suggested the Public 'Works Committee work With the Pm'k.and Street Deparcmenc <br /> draw up a ctiam'am of the needs. - , <br /> <br /> ouncilmembc~' Cook indicmed if the land will not be used at ~is time, it may be better for tl~e <br /> ky to own it and lease it Out For a use thru will not tie it up for the lon~ t¢~. . <br /> .orion by Councilmember Zimme~an, s~eond by Councilm~mb~r Cook, ~o ratify the <br /> commendation of the Pubiic Works Co~i~ee ~d approve the City t~ing control of the <br /> u'~'ent property at tlie Public Wor~s Campus out to Limo~te Street. <br /> . <br /> ot~on carried, k ofing Yes: Mayor Gamec, Co~citmemb~rs Zimme~an, Cook, Elvig, Kt~ak, <br /> Strommm~. Moting No: None. Absent: CouncilmemberPearson. ~ <br /> <br />3) <br /> <br />Consider Policy on Retaining Walls <br /> <br />Counci!member Zimmennan reported some residents are building retaining wails in areas needed <br /> storm t)o/~ding, which will possibly lead to litigation fi'om the City. A policy: is being <br />presea~ed that would prohibit the building o£retaining walls in a drainage and utility easement. <br /> <br />Assistant Pubti¢ Works Director Olson explained if many people build a retai~Sflg wall in these <br />easements in a ~ubdivision, the amount of water elevation from a given storm would be a lot <br />higher than originally planned' for that subdNision. This policy is being brought fopcvard as ~ <br />proactive means to discourage these retaining wails so there are not catastrophic events in the. <br />2tture. <br /> <br />CouncJlmembcr CootS' inquired if lan~aage could be included to reflect that the City Engineer <br /> grant pen~ission for a retaining wall in some instances. <br /> <br />Assistant Public Works Director Olson replied the Iron,age could re~ec/that either the retaining <br />Walls would not be aIIowed or written pen'nission could be received from the City. <br /> <br />Mayor Garnet questioned [f the City restores retaining 'walls or fenCes that ~e located in an <br />easement if' the City needs to do work [n that easement. <br /> <br />Assistan~ Public Works Director' Olson responded in the affirmative. <br /> <br />City Attorney Goodrich advised if the City needs to use the zigb. t-o£-way in the future, the City <br />will aol pay roi' 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 through the acquisition of a retaining wall that is already <br />on property the City owns,-and this .is a slippery slope. Any retaining wails should be put in at <br />ihe property owner's risk. <br /> <br />-693- <br /> <br />City Council/August 10, 2004 <br /> Page 18 of 27 <br /> <br /> <br />