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lls1Spvq+-J� <br />REQUEST FOR COUNCIL ACTION <br />Date.- 10/20/08 <br />Item No..- 7.f <br />Department Approval City Manager Approval <br />Item Description.- Approval of Centre Pointe Business Park, 2890-2920 Centre Pointe Drive, <br />Encroachment Agreement <br />I BACKGROUND <br />2 Minnesota Industrial Properties, the owner of Centre Pointe Business Park, 2890-2920 Centre <br />3 Pointe Drive,, is seeking approval to construct a retaining wall within the drainage and utility <br />4 easement located on the southeast comer of their site. The wall is being constructed to add <br />5 parallel parking stalls within their parking lot. <br />6 Upon reviewing the location of the wall with city staff we have determined that it should not <br />"7 interfere with the operation and maintenance of the storm pond located within the drainage and <br />,i <br />utility easement. A small amount of the pond area that will be filled by the wall will be <br />9 mitigated by additional excavation to ensure that the pond capacity is not impacted. <br />I ('-) We have drafted an encroachment agreement with the property owners for a "private facility"' <br />"I'll encroaching on the city drainage and utility easement <br />12 POLICY OBJECTIVE <br />13 This easement is being used for ponding, however, since the impacts to pond capacity is being <br />14 mitigated, City Staff is supportive of the encroachment. <br />I FINANCIAL IMPACTS <br />16 There is no public financial participation requested. The agreement indemnifies the City from <br />I ��7 any damages to the property owners due to the regular use of the public easement. It also <br />I requires the property owners to assume responsibility for the cost of reconstruction of the <br />19 retaining wall should the City need to work in the right- of- way or use the full easement. <br />20 STAFF RECOMMENDATION <br />21 Staff recommends Council approval of this encroachment agreement. <br />22 REQUESTED COUNCIL ACTION <br />23 Motion to approve the Centre Pointe Business Park, 2890-2920 Centre Pointe Drive, <br />24 Encroachment Agreement. <br />Prepared by: Debra Bloom, City Engineer <br />Attachments: A: Location Map <br />B: Encroachment Agreement <br />Page I of I <br />