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City Council Regular Meeting — 08/23/04 DRAFT Minutes - Page 9 Street roadway and utility easement, directly adjacent to 386 Wagner Street. Councilmember Ihlan requested clarification on the scope of what was being vacated. Community Development Director Dennis Welsch reviewed the map of the area, identifying the specific parcel under discussion; and other parcels that were part of existing rights-of-way for access to other sites. City Manager Beets and Mr. Welsch noted that Public Works Director Duane Schwartz had approved vacation of the remainder of the roadway and retention of a utility easement on the north portion to accommodate existing utility lines. Councilmember Kough sought clarification of who the responsible party was for paying costs related to vacation of rights-of way; with Mr. Welsch responding that related costs were borne by the application as part of the process. Councilmember Ihlan requested an explanation of how the vacation impacted future size and setbacks of structures on the parcel related to adjacent wetlands. Mr. Welsch noted that, while the vacated easement did become part of the developable lot, the zoning code would still need to be followed as to the ultimate size of a structure and setback requirements. Mr. Welsch opined that, with the easement vacation, a new structure may even be sited further from wetlands. Councilmember Ihlan further questioned whether staff had attempted to negotiate wetland preservation as part of this or any rights-of-way vacations, since it had previously functioned as a neighborhood open space and protected the adj acent wetland area. Mr. Welsch noted that wetlands were appropriately protected by city code through setback and wetland requirements.