REQUEST FOR COUNCIL ACTION. Department Approval: Administrator Reviewed: Agenda Section:

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1 REQUEST FOR COUNCIL ACTION DATE: October 24, 2016 ITEM NO: 7 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards P.E. JML Public Works Director/ Title Public Works Director/City Engineer City Engineer s Report Item Description: Old Beach Road Right of Way (ROW) Encroachment List of Exhibits A- Image Map. B- Photos. C- Resident Request D- Neighborhood Comments. E- Example Encroachment agreement. 1. Purpose. The purpose of this action item is to get the Council s decision on granting an encroachment agreement and direction on placement of a private retaining wall within the ROW of Old Beach Road. 2. Background. The homeowners at 2560 Old Beach Road, had a retaining wall constructed adjacent to their home but within the City Right of Way. (Exhibit A&B) No permits were issued for the work. Upon discovery of the work City Staff issued a stop work order. Construction of a structure within the ROW requires an encroachment agreement with the City and for a minor land alteration/retaining wall permit. An encroachment of this magnitude requires Council approval. The permit can be approved at the staff level if an encroachment agreement is approved. As constructed the retaining wall is ~ 18 inches from the edge of pavement. The residents have requested an encroachment agreement and applied for a minor land alteration/retaining wall permit. (Exhibit C). Many of the neighbors have expressed support of the wall. (Exhibit D) 3. Considerations. Staff recommends the Council should consider the following items when providing direction on this item: Related code. The city code does allow for retaining walls in front yards as long as they are at least 10 feet from the travelled road way 1.Section (5.1). While this code is written for walls that are on private property the 10ft limitation could be applied to this circumstance. Encroachments into the public right of way are normally allowed in order to overcome a practical difficulty such as a driveway approach. Best practice is to keep ROWs clear of immovable objects for safety and maintenance efforts When objects are necessary with in the ROW we try and keep them 10 ft from the travel way. For local roads and streets, a minimum clear zone of 7 to 10 feet is considered desirable on sections without curb. On collectors without curbs, a 10-foot minimum clear zone is recommended 2. The road is a residential cul-de-sac with low volume and low speed traffic. 4. Staff Recommendation. After consideration of the proposed project, it is my recommendation that if the Council does grant an encroachment the wall should be required to be set back a minimum of 10 feet from the edge of pavement/travel way. COUNCIL ACTION REQUESTED: Decision on Encroachment Agreement for retaining wall and if approved guidance on setback of wall from the edge of pavement. 1. Section (5.1) 2. AASHTO A Policy on Geometric Design of Highways and Streets Item #07 - CC Agenda - 10/24/2016 [Page 1 of 20]

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18 [Page 18 of 20] ENCROACHMENT AGREEMENT AGREEMENT made this day of. 2, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and ("Owner"). 1. BACKGROUND. Owner is the fee owner of property with a street address of legally described as: [insert legal description] and located in the City of Orono, County of Hennepin, and State of Minnesota ("Subject Property"). The City owns an easement for drainage and utility purposes over part of the Subject Property. Owner wants to construct a on the Subject Property which would encroach on the City's easement (the "Encroachment"). 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the Encroachment on the City's easement except over existing utilities. It is the Owner's obligation to locate the existing utilities prior to commencing construction of the Encroachment. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's easement, Owner, for itself, its successors and assigns, hereby agrees to indemnify and hold the City harmless from any damage caused to the Subject Property, in whole or in

19 [Page 19 of 20] part, by the encroachment onto the City's easement. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the Owner of the Subject Property thirty (30) days advance written notice. The Owner shall, at its own expense, remove the Encroachment. If the Owner fails to remove the Encroachment upon notice by the City, the City may do so and the Owner agrees to promptly reimburse the City for any costs the City incurs. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. and assigns. 6. BINDING AFFECT. This Agreement is binding upon the parties, their successors IN WITNESS WHEREOF, this Agreement was executed by the parties the day and year first above written. CITY OF ORONO: (SEAL) By:, Mayor And, City Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ( ss. The foregoing instrument was acknowledged before me this day of 2,by and by respectively, the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council

20 [Page 20 of 20] Notary Public PROPERTY OWNER(S): STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2, by Notary Public DRAFTED BY: