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REQUEST FOR COUNCIL ACTION Date: 18 June 2013 Item No. 9 Department Approval Administrator Approval: Agenda Section: Name: Jesse Struve ,J r�S Title: Public Works Director/City Engineer Item Description: Joe Church—4440 Forest Lake Landing—Encroachment Agreement List of Exhibits: Exhibit A. Request from Property Owner Exhibit B. Draft Encroachment Agreement Exhibit C. Aerial Photos Exhibit D. Site Photos Exhibit E. Partial Survey Application Summary: The subject property is situated at an angle on the south, side street lot line. Most of the driveway serving the home is located entirely within the City's right-of-way (ROW); the sidewalk; water supply well; retaining walls; and a deck and patio are entirely within the ROW. The property owner is requesting permission to widen the driveway; move and rebuild retaining walls; and fix sidewalk and stairs which access his property. Additionally the property owner would like to repair the existing patio area adjacent to a lakeside deck. Discussion According to the City's Community Management Plan, the City has a responsibility to retain Lake Minnetonka access points permanently for the public's use. By allowing a deck and patio within the ROW, it gives the perception this area is private land. When property undergoes major changes and upgrades, staff will recommend all impacts within the ROW to be removed. There will be times when not all of the impacts can be feasibly removed, but any impacts which cannot be feasibly removed will be included in an encroachment agreement. The encroachment agreement will allow the City to require the property owner to remove the encroachments if the encroachments become an issue in the future. Staff Recommendation In an effort to clean up the City's ROW, staff is agreeable to allowing the widened driveway and repairs to the sidewalk conditioned on the property owner removing the deck and patio area within the ROW. The property owner should be required to enter into an encroachment agreement addressing all other items located within the City ROW. Staff recommends they remove the deck and patio and determine if it is possible to realign the door so the steps can also be removed. All other items would be allowed to remain in place, but should be incorporated into an encroachment agreement. COUNCIL ACTION REQUESTED Council should provide direction to staff regarding the following: 1. Is Council agreeable to entering into an encroachment agreement for the ROW encroachments? 2. Which of the improvements within the ROW should be included within the encroachment agreement? Which, if any, of the encroachments should be removed?