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IJS�kSPaC+E NEQUEST FOR, COUNCIL ACTION Department Approval Date: 3/17/08 It No.: 7.i City Manager Approval Item Description: Approval of Gold Eagle Dry Cleaners Encroachment Agreement and Memorandum of Understanding BACKGROUND 2 At the June 18, 2007 Council meeting, the City Council reviewed a request from Gold Eagle Dry 1) 15 Cleaners at 1233 Larpenteur Avenue to construct an addition to their existing building, which 44 was constructed in 1961. The main issue with this request was that the building addition would 5 not comply with the policies of the City's Comprehensive Surface Water Management plan. E,,,, Given the unique circumstances of this subwatershed, staff concluded that the I 00-year flood 7 protection is not possible for the properties located along Larpenteur Avenue between Fernwood and 8 Gottfried Pit under existing conditions. We also conclude that there is not a feasible engineering solution available at this time to enable these properties to meet the CSWMP freeboard policy. Since the CSWMP acknowledges that it is not always possible to meet the freeboard policies, we recommend that we develop a vulnerable area emergency response plan for this site in order to allow 2 this building addition to be constructed. The City Council supported the construction of this addition provided that the following conditions are followed: Z o Program the SCADA phone dialer on the Gottfried Pit lift station to include the phone number of 5 the property owner, so that when the elevation of Gottfried Pit reaches 908, they will be notified of potential street flooding. 7 o The building addition shall be constructed no lower than 913. 6, two feet above the elevation of the Fernwood low point after the 4.5 inch 9 hour storm event on June 24, 2003. o The vulnerable area emergency response plan be filed against the property, and contain language 20 indemnifying the City should a rain event occur that causes the street flooding to damage any 2 portion of his building or private property. 22 2 For additional information, we have attached to this Council action the June 18, 2007 Request 2,4 for Council Action. 2 E,,, In order for staff to issue this building permit there are two items that require City Council 27 approval. The first is a Memorandum of Understanding (M U) regarding the need for a waiver 2',' of liability and the establishment of a Vulnerable Area Emergency Response Plan. The second 29 item an Encroachment Agreement for a proposed retaining wall at the back of the property. 3 The Encroachment Agreement has not been discussed with the City Council previously. " 2 As a part of this building expansion, the owner is proposing is to reconstruct the parking lot. This will require the construction of a retaining wall on the north property line. The city has a ZZOMIN