HomeMy WebLinkAboutA018 - Council Action Form dated February 10, 2015 c
ITEM # 8
DATE: 02-10-15
COUNCIL ACTION FORM
SUBJECT: STORM WATER FLOWAGE EASEMENT & STORM SEWER
EASEMENT VACATION — 5328 TABOR DRIVE
BACKGROUND:
In June 2014, the property owner of 5328 Tabor Drive spoke with City staff regarding an existing
20' Surface Water Flowage Easement (S.W.F.E.) and Storm Sewer Easement (ST.S.E.) in the
rear of his property. The property owner had recently installed a fence and found it was against
City policy to allow construction of the fence in such a manner to enclose the portion of the
property within this easement. The property owner was advised by City staff that an evaluation
of the existing S.W.F.E. and ST.S.E. would be required in order to consider abandoning a
portion of the easement. If a portion could be abandoned, the property owner may be able to
relocate the fence in order to utilize more of his backyard. The property owner contracted with
Clapsaddle-Garber Associate, Inc. (CGA) of Ames, Iowa, to perform this evaluation.
Attached is a map showing the 100-year ponding limits within this small watershed in relation to
the property at 5328 Tabor Drive. As shown on the attached map, the property owner's fence
currently encroaches onto the existing S.W.F.E. and ST.S.E. by approximately 3.5 feet. The
property owner is requesting that the City consider an adjustment to the existing easement on
the property (shown as the red line on the attached map). The existing 5 foot Public Utility
Easement along the south property line will not be impacted by the proposed easement
vacation.
Staff has reviewed the report prepared by CGA evaluating the easement area and is in
agreement of adjusting the S.W.F.E. and ST.S.E. as shown on the attached map.
ALTERNATIVES:
1. Set February 24, 2015, as the date of public hearing for the proposed vacation of the
S.W.F.E. and ST.S.E. for 5328 Tabor Drive (Lot 5 of Sunset Ridge Subdivision, 2n, +
Addition). -
2. Direct staff to pursue other options.
MANAGER'S RECOMMENDED ACTION:
By moving forward with the process to approve vacation of this easement, City Council will meet
the property owner's request, thereby allowing him to adjust his fence and further utilize his
backyard.
Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative
No. 1, as described above.
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