09/26/2011 Council Packet - Laserfiche WebLink

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P2 As discussed at the previous City Council work session, drainage and utility easements are established during the plat approval process. The easements are mutually agreed to with the land developers and are established to facilitate the City's protection and maintenance of various infrastructure improvements prior to home construction. Home buyers have the option of choosing whether or not to purchase lots that are impacted by these easements. Based on this information, it has been the City's practice not to allow fences in drainage and utility easements that contain underground utilities. The City Easement Encroachment Agreement form specifically states that encroachment shall not be allowed on any easement that is being used for underground utility purposes. City staff has since contacted a number of different cities on this topic and the results are as follows: Lakeville — No fences allowed in D & U easements that contain public utilities Forest Lake — No fences allowed in D & U easements that contain public utilities North Branch — No fences allowed in D & U easements that contain public utilities Mahtomedi — Yes, fences allowed subject to review Rosemount - Yes, fences allowed subject to review Minnetrista - Yes, fences allowed subject to review Excelsior - Yes, fences allowed subject to review St. Paul Park - Yes, fences allowed subject to review Blaine - Yes, fences allowed subject to review Hugo - Yes, fences allowed subject to review Shoreview — Yes, fences allowed subject to review Of the cities that were contacted by City staff, three of the eleven cities have a similar policy to Lino Lakes and do not allow fences within drainage and utility easements that contain underground utilities. The other eight cities do allow fences to be constructed in the easement on a case by case basis. If the City Council were to decide to change the City's policy on allowing fences in drainage and utility easements that contain underground utilities, the following conditions would be recommended: 1. An Easement Encroachment Agreement be executed and recorded at Anoka County to ensure that future property owners are aware of the potential removal of the fence at their expense. This is consistent with the City's current policy. 2. Approval of the encroachment will be based on the review by the City Engineer. If it is determined that the installation of the fence has the potential to alter or damage the existing underground utilities located within the easement, then the fence will need to be relocated a sufficient distance away to ensure safe installation. 3. Encroachments will not be allowed in drainage and utility easements that are being utilized for storm water ponding. Requested Council Direction Staff is requesting direction from the City Council on this matter in regards to deviating from existing City requirements to facilitate an Easement Encroachment Agreement for a fence to be located within a drainage and utility easement that contains an existing storm sewer pipe.