HomeMy WebLinkAbout#16 CC Fence Encroachment Agreement - 2016 Schleicher (2)
MAYOR & COUNCIL COMMUNICATION
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DATE: April 5, 2016
CONSENT
ITEM #16
AGENDA ITEM: Fence Encroachment & Maintenance Agreement
SUBMITTED BY: Emily Becker, City Planner
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Stephen Wensman, Planning Director
SUGGESTED ORDER OF BUSINESS (if removed from consent agenda):
- Introduction of Item ..................................................................................... Staff
- Report/Presentation………………………..................................................Staff
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECCOMENDER: Staff recommends that the City Council approve the Fence
Encroachment and Maintenance agreement for Matt Schleicher at PID #1302921410038 (11913 32nd St N at Easton Village).
FISCAL IMPACT: None
SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to authorize as part of tonight’s consent agenda, the execution of a fence encroachment and maintenance agreement. The City has received a request to install a fence within a drainage and
utility easement. Homeowner and City intend that Homeowner shall be responsible for
maintaining, repairing and replacing the fence.
LEGISLATIVE HISTORY: The Fence Encroachment and Maintenance Agreement that has been submitted for Council consideration is for a fence and has been reviewed by planning and
engineering staff. The proposed fence meets all city code requirements and Staff would have
City Council Meeting [Consent Agenda Item]
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otherwise authorize construction of the fence if it did not encroach into a drainage and utility
easement owned by the City.
BACKGROUND INFORMATION (SWOT):
Strengths: The fence encroachment and maintenance agreement is a legal document that
all property owners seeking to install fences within drainage and utility easements are
required to sign. The document, among other things, indemnifies the city from
responsibility if damage occurs to the improvement or if it needs to be removed at some point in the future.
Weaknesses: None
Opportunities: None
Threats: None
RECOMMENDATION:
Based on the aforementioned, Staff is recommending that the City Council approve the fence encroachment and maintenance agreement as part of the Consent Agenda. If the City Council
removes the item from the Consent Agenda, the recommended action can be completed through
the following motion: “Move to approve the fence encroachment and maintenance agreement for Matt Schleicher to install a fence within a drainage and utility easement to the City.”