HomeMy WebLinkAbout5.C.1. Amendment to the Fencing and Lanscaping Policy-Res. No. 6788
5, C . I.,
CITY OF SHAKO PEE COf~SE~JT
Memorandum
TO: Mayor & City Council
FROM: Bruce Loney, Public Works Director
SUBJECT: Consider an Amendment to the Easement Fencing and Landscaping Policy
DATE: July 1,2008
INTRODUCTION;
This agenda item is to consider an amendment to the Easement Fencing and Landscaping
Policy adopted by the City Council on June 5, 2007.
BACKGROUND:
City Council discussed the issue of fences and landscaping in City easements and the
obstruction of inspection and maintenance access points for City facilities such as sanitary
sewer, storm sewer and storm water basins. The results were an amendment to the City
Code which instituted the fence permit process and the adoption of an Easement Fencing
and Landscaping Policy.
Section number two (2) of the current Easement Fencing and Landscaping Policy prohibits
any fencing from being located within an easement containing public storm sewer, sanitary
sewer and watermain utilities. The intention of this section was to eliminate fences from
being located directly over and running along a utility alignment.
However, a situation has arisen where the easement and utility are perpendicular to the
property line (please see the attached drawing for clarification). In a case such as this, a
fence could be allowed to cross the easement and utility provided adequate access is
maintained. It is assumed access would be maintained via the installation of a gate.
In order to account for the possibility of the installation of elaborate and expensive fencing
across an easement and utility, the proposed amendment includes an option to require the
property owner to enter into an encroachment agreement with the City. This requirement
would be at the discretion of the Public Works Director.
The proposed amendment to section number two (2) of the Easement Fencing and
Landscaping Policy regarding fences in easements running perpendicular to a property line
is underlined and can be seen as follows:
The proposed amendment to section number two (2) of the Easement Fencing and
Landscaping Policy regarding fences in easements running perpendicular to a property line
is underlined and can be seen as follows:
2. Drainage and utility easements that contain underground storm sewer, sanitary sewer,
or watermain utilities.
No fences, trees, landscape timbers or block, play structures, utility sheds or hedges and
other large bushes shall be installed within drainage and utility easements that contain
underground storm sewer, sanitary sewer, or watermain utilities. Small gardens, small
bushes and other low level landscaping is permitted within these easements as long as such
improvements do not block inspection and maintenance access to the underground
utilities. Fences may be permitted by the Director of Public Works on a case-by-case basis
in situations where the easement runs perpendicular to the property line and sufficient
access to the utilities will be maintained. In addition. the fence will need to meet all City
ordinance requirements. applicable permits must be applied. for and. approved by. the
City and the property owner must enter into an encroachment agreement with the City. if
recommended by the Director of Public Works.
ALTERNATIVES:
1. Approve Resolution No. 6788, amending the Easement Fencing and
Landscaping Policy to allow fences across easements and utilities running
perpendicular to a property line.
2. Do not approve Resolution No. 6788, amending the Easement Fencing and
Landscaping Policy to allow fences across easements and utilities running
perpendicular to a property line.
3. Table for additional information.
RECOMMENDATION:
Staff recommends approval of Resolution No. 6788, amending the Easement Fencing and
Landscaping Policy to allow fences across easements and utilities running perpendicular to
a property line. Staff believes this amendment allows the appropriate amount of flexibility
on a case by case basis and may reduce the amount of appeals while still preserving
adequate access to perform the necessary inspections and maintenance.
ACTION REOUESTED:
1. Offer Resolution No. 6788, amending the Easement Fencing and Landscaping
Policy to allow fences across easements and utilities running perpendicular to a
property line and move its adoption.
~
Bruce Lon
Public Wor
ENGR/2008-PROJECTS/2008-COUNCllJMEM6788-EASEMENT-FENCING-AMENDMENT
RESOLUTION NO. 6788
A Resolution Approving an Amendment to the Easement Fencing and
Landscaping Policy
WHEREAS, the City Council of the City of Shako pee approved Resolution 6616
adopting the Easement Fencing and Landscaping Policy within City easements.
WHEREAS, the City Council of the City of Shakopee has reviewed the
amendment to the Easement Fencing and Landscaping Policy at its July 1,2008 Council
meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA: that the City of Shakopee approves the
amendment to the Easement Fencing and Landscaping Policy to allow fences across
easements and utilities running perpendicular to a property line. The amendment to
section two (2), drainage and utility easements that contain underground storm sewer,
sanitary sewer or watermain utilities, is underlined and can be seen as follows:
2. Drainage and utility easements that contain underground storm sewer, sanitary
sewer, or watermain utilities.
No fences, trees, landscape timbers or block, play structures, utility sheds or hedges and
other large bushes shall be installed within drainage and utility easements that contain
underground storm sewer, sanitary sewer, or watermain utilities. Small gardens, small
bushes and other low level landscaping is permitted within these easements as long as
such improvements do not block inspection and maintenance access to the underground
utilities. Fences may be permitted by the Director of Public Works on a case-by-case
basis in situations where the easement runs perpendicular to the property line and
sufficient access to the utilities will be maintained. In addition. the fence will need
to meet all City ordinance requirements. applicable permits must be applied for and
approved by the City and the property owner must enter into an encroachment agreement
with the City. if recommended by the Director of Public Works.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of ,2008.
Mayor of the City of Shako pee
ATTEST:
City Clerk
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DRAINAGE AND UTILITY EASEMENT
PERPENDICULAR TO PROPERTY LINE