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Regular City Council Meeting Monday, December 4,2017 Page 25 C. Approve Encroachment Agreement for 678 Wheaton Avenue At the request of Mayor Roe, City Manager Trudgeon briefly highlighted this item as detailed in the (RCA) and related attachments dated December 4, 2017; including a Certificate of Survey provided as a bench handout to the RCA. Recognizing that mistakes happened from time to time, Councilmember Willmus stated one concern he had was the legal perspective of the encroachment agree- ment, even when recorded against the property, if and when the property changed hands in the future and issues arose, would new owners be aware of their respon- sibility. Therefore, Councilmember Willmus asked if it was possible for staff to ensure that the current developer post an escrow or bond should that issue arise in the future by having these preliminary discussions with the developer now versus creating unanticipated issues for future property owners. Assistant Public Works Director Jesse Freihammer advised that staff had not yet asked that of an applicant since this agreement came as a shock to him already. However, Mr. Freihammer agreed to pursue those conversations, and while the applicant wanted to close on the home and this was holding that closing up, he saw no major issue with a short delay to further consider Councilmember Willmus' suggestion. Willmus moved, Etten seconded, to TABLE action on this Encroachment Agreement (Attachment A) for 678 Wheaton Avenue, directing staff to pur- sue a potential bond with the developer to remedy this situation in the future should access to the easement be required. Roll Call Ayes: Willmus, Laliberte, Etten, McGehee and Roe. Nays: None. Related discussion ensued regarding existing drainage issues and how they had been addressed with the developer on the as-builts and location of retaining walls to address and improve drainage in the area in the future via installation of a stormwater basin by the developer in the back of this development area; and clari- fication of the large deck not originally included in developer plans, but addressed in the building permit process and actual framing plan presented, all still meeting current impervious surface requirements per city code. 8. Approve Minutes 9. Approve Consent Agenda At the request of Mayor Roe, City Manager Trudgeon briefly highlighted those items be- ing considered under the Consent Agenda; and as detailed in specific Requests for Coun- cil Action(RCA) and related attachments dated December 4, 2017.