Agenda - Public Works Committee - 07/16/2013

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Though staff had informed the property owners that a case would be presented to the Public Works Committee on June 18th, the property owners did not attend. Staff therefore sent an email to the property owners summarizing the direction of the Public Works Committee but a response was never received. Staff therefore visited the property a couple of weeks later, only to find that a retaining wall had already been constructed roughly 5-feet off the property line. The exact distance between the wall and property line has not been confirmed, nor has the wall been inspected as to its adequacy of construction. The property owners therefore never received formal approval from the City to construct the retaining wall within the existing public D&U easement. When staff first met with the property owners they were clearly notified that staff does not have the authority to relax or waive allowable uses within city easements so a case would need to be presented to the Public Works Committee on June 18th to seek their recommendation. Again, the property owners were invited to attend the meeting to present their concerns and request in person. Then, based on the recommendations of the Public Works Committee, the request could be forwarded to the City Council on June 25th, along with the recommendation of the Public Works Committee. Staff has identified the following alternative actions as related to this item: 1. Direct staff to meet the property owners on site to review the wall as constructed to confirm that it was constructed adequately and is located at least 5-feet off the property line. If staff finds that the wall was constructed adequately and is located at least 5-feet off the property line, direct staff to take no further action, in which event the city will retain a 10-feet D&U easement along the south property line. 2. Direct staff to meet the property owners on site to review the wall as constructed to confirm that it was constructed adequately, to measure the area of encroachment within the drainage and utility easement, and to discuss payment for the associated D&U easement using a price per square foot as approved by the Public Works Committee. If the property owners accept the proposed cost for purchasing the associated easement area, direct staff to request that the City Council authorize vacating the associated easement area and to accept payment from the property owners for the vacated easement. 3. Direct staff to work with the property owner to remove the wall as constructed. Then, following removal of the wall, either restore the side slope and turf or install a retaining wall outside the 10-foot D&U easement and grade and restore turf in the D&U easement area per staffs direction. 4. Take no further action. Funding Source: No funds are anticipated to be expended in relation to this item. If alternative action 2 is approved, the associated funds will be collected. Staff Recommendation: Staff recommends that alternative action # 1 be approved by the Public Works Committee since the wall has already been constructed. No matter which action is approved, staff intends to provide a letter to the property owner summarizing the chain of events and the responsibilities associated with the actions taken. Action: The Public Works Committee is asked to approve alternative action # 1 for reasons stated herein. Attachments 15069 Helium Ret Wall Pix Form Review Inbox Reviewed By Date Grant Riemer Grant Riemer 07/11/2013 01:55 PM Kurt Ulrich Kurt Ulrich 07/11/2013 03:33 PM Form Started By: Bruce Westby Started On: 07/03/2013 12:36 PM Final Approval Date: 07/11/2013