ENCROACHMENT PERMIT AT
27TH STREET AND OZONE COURT

 

Recommendation:

That the City Council review the options as presented by staff and provide final direction to staff.

 

Background:

This item is before you again for resolution of the issue. As you will recall, the issue was brought before you by one of the adjoining property owners expressing concern as to why the encroachment permit was issued to the Mr. Mitchell and how could it be revoked.

The City Council assigned the City Manager to meet with all interested parties to determine whether or not there was an approach that would be acceptable to all expressing a concern about the encroachment. That meeting was held with Mr. Mitchell, Mr. & Mrs. Mathieson, Mayor Bowler, Councilmember Reviczky, myself and one other person. The outcome of the meeting was that Mr. Mitchell would consider a more open fence and some other design alternatives such as grasscrete and staff would have the City Traffic engineer review the sight distance issue.

Mr. Mitchell submitted a letter, as a result of that meeting detailing the information he found regarding grasscrete and the desirability of having the fence as he had designed it.

Staff had the City’s traffic engineer review the plans and the suggestion made by the traffic engineer was that the fence be located about 5 feet from the back of the sidewalk and angle closer to the side walk as the wall goes West. The attached aerial photocopy shows the suggested location of the fence. He also commented that the parking area would work even with the parking space on Ozone.

I have shared the City Traffic Engineer’s suggestion with both Mr. Mitchell and Mrs. Mathieson. I do not believe that relocating the fence to generally 5 feet behind the sidewalk will resolve the issue. The actual details of the design of the fence or the landscaping do not seem to be the main concern. The main concern of Mrs. Mathieson is that the encroachment permit was issued at all. I believe that it would be safe to say that her position is that she would like the City Council to consider her request to revoke the permit. Mr. Mitchell on the other hand would like to proceed with project as approved...

 

OPTIONS

It would appear that the City Council has the following options:

1. Direct staff to condition the existing encroachment permit to meet the suggestions of the City Traffic as to the location of the wall/fence and allow the implementation of the permit
2. Consider the request of Mrs. Mathieson to revoke the permit.
3. Develop an alternative plan that meets the concern of both parties.

I realize that these options are just about where we started when this issue was brought to you in March. I do not believe that without some clear indication from the City Council that much progress will be made.

Agendas / Minutes Menu     Agenda