HomeMy WebLinkAboutA021 - Council Action Form dated February 24, 2015 ITEM # 33
DATE: 2-24-15
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 as 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'. The
property owner is requesting that the City adjust the existing easement on the property (shown
as the red line on the attached map). The existing 5' 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 supports adjusting the
S.W.F.E. and ST.S.E. as shown on the attached map.
On February 10, 2015, City Council set the public hearing date for vacating the existing
easement. That vacated easement will need to be replaced with a new easement that reflects
the 100-year storm limits, as updated by CGA.
ALTERNATIVES:
1. Approve the vacation of the S.W.F.E. and ST.S.E. for 5328 Tabor Drive (Lot 5 of Sunset
Ridge Subdivision, 2"d Addition) and approve the new S.W.F.E. & ST.S.E. (description
as stated above).
2. Direct staff to pursue other options.
MANAGER'S RECOMMENDED ACTION:
By moving forward with the process to approve the vacation of the 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.