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REQUEST FOR COUNCIL ACTION Date: 23 July 2014 Item No. Department Approval: Administrator Approval: Agenda Section: Name: Melanie u t' Title: Item Description: Joe Church—4440 Forest Lake Landing—Encroachment Agreement List of Exhibits: Exhibit A. Draft Encroachment Agreement- Revised Exhibit B. Council Memo 07/10/14 Exhibit C. Draft City Council Minutes—07/14/14 Summary: At the Council's July 14th meeting the Council heard from Joe Church who was requesting approval from the City in order to reconstruct the driveway, stairs and sidewalk to his home which are located almost entirely within the City's right-of-way (ROW); the replacements would be in-kind. He also requested approval to re- grade the yard adjacent to his driveway and remove an existing tiered retaining wall to allow for parking two vehicles in the driveway without widening it. The encroachment agreement drafted for the July 14th meeting did not completely address all of the ROW encroachments and has now been redrafted to include all of the ROW encroachments including the deck. The revised encroachment is attached as Exhibit A. Staff Recommendation Staff recommends approval to allow the grading, removal of the east walls, the reconstruction of the sidewalk, stairs and driveway subject to: 1. The property owner entering into an encroachment agreement addressing all other items located within the City ROW; and 2. Submittal of an erosion control escrow. All of the encroachments have been addressed with the revised encroachment agreement. COUNCIL ACTION REQUESTED Authorize the Mayor and City Administrator to sign the encroachment agreement for maintenance, reconstruction and/or removal of the ROW encroachments with the staff recommendations. Also, Council should authorize the project to commence according to the submitted plan upon staff receipt of the erosion control escrow from Mr. Church.