Agenda - Council - 04/14/2015 - Laserfiche WebLink

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outside of any drainage and utility easement will be necessary (or a new Encroachment Agreement may need to be considered prior to installation of improvements). The Encroachment Agreement also reserves the City's rights within the easement and, if it were ever necessary to ensure the easement functioned properly, has a provision that would require the property owner to remove said improvements. Alternatives Option #1: Adopt Resolution #15-04-097 approving an Encroachment Agreement for both the deck and the septic system within a drainage and utility easement. Both improvements were installed after obtaining permits from the City. An Easement Vacation process was initiated in 1991 but was never completed as an updated Grading and Drainage Plan was never submitted by the original developer. These improvements have existed within the easement now for about 15-25 years and there have been no documented concerns related to drainage issues. Staff supports this option. Option #2: Do not adopt Resolution #15-04-097. This action would ultimately result in the need for the improvements (both a deck and septic system) to be removed from the easement. The home is positioned directly adjacent to the drainage and utility easement and thus, there would be no option to reinstall a deck without encroaching on the easement or without significant modifications to the home. Additionally, in 1991, the area where the septic system was installed was identified by City Staff as being the most ideal location the system based on soils. There have been no documented concerns with drainage affecting these improvements or with the improvements negatively impacting drainage. Staff does not support this option. Recommendation: Staff recommends adopting Resolution #15-04-097 approving an Encroachment Agreement, subject to review and approval as to legal form by the City Attorney. Action: Motion to adopt Resolution #15-04-097. Site Location Map Background Information from Property File Resolution #15-04-097 Staff Review File Attachments Form Review Inbox Reviewed By Date Bruce Westby Chris Anderson 04/08/2015 01:08 PM Chris Anderson (Originator) Chris Anderson 04/08/2015 01:10 PM Bruce Westby Bruce Westby 04/08/2015 05:33 PM Tim Gladhill Tim Gladhill 04/09/2015 01:26 PM Kurt Ulrich Kurt Ulrich 04/09/2015 01:42 PM Form Started By: Chris Anderson Started On: 04/07/2015 10:30 AM Final Approval Date: 04/09/2015