Request for CC action/encroachment issue

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REQUEST FOR COUNCIL ACTION Date: 19 February 2015 Item No. � Department Approval: / Administrator Approval: Agenda Section: Name: Melanie Curtis `� Titie: Planner Item Description: Casey&Jill Hoehn—2 GI le Cove Ln—Encroachment Agreement List of Exhibits: Exhibit A. Oraft Encroachment Agreement Exhibit B. Restoration Plan (MCWD—approved) Exhibit C. Council Memo& Exhibits 01/07/15 Exhibit D. Council Minutes 01/12/15 Summary: At the January meeting Casey and Jill Hoehn(the property owners) requested the Council consider approval of an encroachment agreement to permit an as-constructed retaining wall and �re pit area to remain within the wetland buffer and the drainage& utility easement on their property. For a background on the request please see the previous Staff memo to Council with attachments enclosed as Exhibit C. In lanuary, the Council was amenable to entering into an encroachment agreement with the Hoehns to allow the improvements to remain. However the Council requested confirmation that the property owners' proposed restorations within the buffer area were acceptable to the Minnehaha Creek Watershed District (MCWD). The MCWD has approved the property owners' proposal (Exhibit B). The City attorney has drafted an encroachment agreement for consideration;the Hoehns are agreeable to the terms of the encroachment agreement. Staff Recommendation Staff is agreeable to allowing all or some of the retaining wall within the easement area to remain subject to the requirement that the property owners enter into an encroachment agreement with the City. The encroachment agreement would allow the City to require the property owner to remove the encroachments if the encroachments become an issue in the future. If the wall remains, the property owners should comply with the requirements of the MCWD regarding establishment of native buffer vegetation according to the agreed-upon plan attached as Exhibit B. Staff recommends the property owners apply for zoning and building permits, and pay permit fees for the improvements. The Council waived the after-the-fact fees at the January meeting. COUNCIL ACTION REQUESTED Council should authorize the Mayor and Clerk to sign the encroachment agreement to allow the improvements to remain within the easement area.