HomeMy WebLinkAboutA001 - Council Action Form dated March 19, 1996 I
f,
Item #
Date: March 19, 1996
COUNCIL ACTION FORM
SUBJECT: STORM SEWER SERVICE FOR 3206-3212 LINCOLN WAY.
BACKGROUND:
In conjunction with a proposal to develop an apartment building at 3206-3212 Lincoln
Way, staff has identified the need for control of the increased stormwater that will be
generated by the larger building and associated parking lot. Normally several methods
of control of the stormwater are available to the developers. These range from control
of the accumulated runoff on the site and then releasing it overland to a direct pipe
connection to the City's storm sewer system. Because of poor drainage in the area, the
release of the stormwater in an overland flow method is not feasible. Thus, the
stormwater has to be piped for discharge. The development plan has been approved
subject to resolution of the stormwater situation.
The attached map shows the area. This proposed apartment development does not
have direct access to Manning Avenue where the nearest storm sewer exists. There is
one intervening property owner between the apartment and Manning Avenue. The
owner of the proposed apartment development made contacts with the adjacent
property owners at 3202 Lincoln Way and 115 Manning Avenue to determine if they
would allow the construction of the pipe across their property. Each of the owners has
placed a requirement on the apartment developer to construct an 8' tall fence along the
east and south sides of the development as well as pay other costs. The apartment
owner feels these requirements are excessive since he has met the required screening
that is specified by the City's Zoning Code. The area property owners' feel that the
fence is necessary to prevent apartment residents from walking across their property.
The 8' fence would require Zoning Board of Appeals action since the maximum
allowable fence is 6' in residential zones.
Because the adjacent property owners are requesting what the apartment owner
perceives as expensive mitigation measures and in order to continue to pursue the
development of the apartment building, the owner, Gary Thompson, has requested that
the City extend a storm sewer to his site. This is possible since the area has a vacated
alley over which the City retained the rights to construct public utilities. Note the
attached deed. This alley area is shown on the map with dashed lines. Because the
City has the legal ability to construct the public utility line across the adjacent property,
no additional mitigation measure would be needed other than to re-establish the land
disturbed by the construction.
The installation of the public storm sewer will create a system that is available for use
by adjacent properties either as they currently exist or as they may be redeveloped.
The adjacent property at 3202 Lincoln Way is also zoned R-3. Staff is concerned about
CAF - Storm Sewer 3206-3212 Lincoln Way
March 19, 1996
Page 2
the precedent relating to construction of a public storm sewer being constructed
specifically for a single site development which will be the situation until such time as it
is used by the adjacent properties. If the public storm sewer is constructed, it should be
the responsibility of the apartment owner to maintain the pipe until such time as others
utilize it. In addition the project should be constructed at the expense of the apartment
owner from his site to Manning Avenue. In addition, Gary Thompson will be required to
enter into an agreement that will hold the City of Ames harmless against any and all
claims and litigation expense as a result of this project.
ALTERNATIVES:
1. Reject the concept of a public storm sewer and allow the apartment owner to
provide for overland discharge. This will further complicate any drainage problems
currently existing.
2. Approve the concept of a public storm sewer system and direct staff to develop
the design with the requirement that the apartment owner pay for all design and
construction costs to meet City standards and that the apartment owner be responsible
for maintenance of the lines until such time as adjacent properties connect to it. In
addition, Gary Thompson will be required to enter into an agreement that will hold the
City of Ames harmless against any and all claims and litigation expense as a result of
this project.
3. Table the request for a public storm sewer system and request that the involved
parties participate in a mediation process to work out the situation privately.
MANAGER'S RECOMMENDED ACTION:
Staff is uncomfortable with this situation since we are being placed in the middle of a
conflict between two private property owners. It would be staff's wish to have the
property owners work out a compromise solution versus having the City create the
solution. In order to resolve the situation, it is the recommendation of the City Manager
that the City Council accept alternative #2 above and direct staff to develop a storm
sewer project with the requirement that Gary Thompson enter into an agreement that
stipulates that he shall pay the project cost to construct a storm sewer from his property
to Manning Avenue. The agreement shall stipulate that he will be required to hold the
City of Ames harmless against any and all claims and litigation expense as a result of
the project. In addition, he will be responsible for maintenance of the pipe serving his
apartment development until such time as any other property owner makes connection
to the pipe.
COUNCIL ACTION:
GARY THOMPSON OIL COMPANY
414 S. DUFF • P.O. BOX 167 • PHONE: 515-232-6666 • FAX: 515-232-1467 • AMES, IOWA 50010
3-5-96
. A r 11996
�a
K
TO: Mayor of Ames
Members of City Council
We would like to request permission from the City
of Ames to run a storm sewer from our properties
located at 3206 and 3212 Lincoln Way going east to
Manning Street, This would require running the
storm sewer across the Ellen Marie Bender property,
located at 3202 Lincoln Way, on the public easement.
We would appreciate your approval! Thank you,
Sin erely,
Gary.. hompson
2531 Park Vista Cir.
Ames, Ia. 50014
PHILLIPS �I
• � APMAToio
"Swift Stop Car Wash and Convenience Stores" ����
am w -
�3230 3226 3-i6 3212 3206 32021
.�. _ 04�, 8 9
LO
1 Ul
Vy
t0 .r
N . ► .; 80 I v to "
+� 61
Mock
!ll lam':
u
.7 � 5
i Cl I. i '12
.., CD
to B I is N
40
6 to
I in
R%
45Y
03235 229g 3322i 3219 321i 3205 320i
", _L T T { E S T.
<°3232 3228 3222, 3216 3214 3210 3204 3! !0 ,
LO
to 2
UD
�4
i
W
cu
. � 3_�1A•T t - -4