HomeMy WebLinkAbout5E - City Owned Easement
CITY COUNCIL AGENDA REPORT
June 24, 2002
5E
Frank Boyles, City Manager
AGENDA ITEM: CONSIDER APPROVAL OF MOTION REQUIRING REMOVAL OF RETAINING
WALL FROM CITY-OWNED EASEMENT.
DISCUSSION: History: Dean Morlock constructed a retaining wall without a permit over a City-
owned easement in the vicinity of the Prior Lake outlet box. The City initiated
action to have the wall removed. In an effort to find a proactive means of dealing
with this situation, the City offered a settlement which would require:
Acquisition of a building permit
Certification of the wall's integrity by a registered engineer
Execution of a Private Use of Public Property agreement
Execution of an indemnification agreement
In spite of letters from the City Attorney and myself, phone calls from me, and at
least two personal conversations with Councilmember Gundlach, Mr. Morlock
has failed to accomplish the steps required to implement the proactive solution.
At the June 17, 2002 meeting, the Council adopted a motion directing the City
Attorney to prepare the necessary documents to initiate civil action against this
property owner.
Current Circumstances: Following additional discussion on this subject, the City
Attorney and I recommend that the Council amend its motion of June 1 tho It
would be appropriate to adopt a motion directing the City Attorney to seek
removal of the wall since:
1. It was constructed without a permit.
2. It has not been certified by a registered engineer; and
3. It has been constructed over a City easement.
Conclusion: A motion to remove the retaining wall is in order.
ALTERNATIVES: (1) Motion and Second directing that the retaining wall be removed.
(2) Take no action.
RECOMMENDED
MOTION: Alternative (1).
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
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