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Item 1.D.
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| City Council Regular | |
| Date: | 11/13/2023 |
| Title: | Agreement for Encroachments on Birely Drain District Easement |
| Presented by: | Debi Meling |
| Department: | Public Works |
| Presentation: | No |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Staff recommends that the City Council approve the agreement associated with the Birely Drainage District and Buffalo Crossing LLC.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
The preliminary plat for Buffalo Crossing Subdivision was approved by City Council in October 2022. Buffalo Crossing Subdivision is located south of Grand Avenue near 60th Street West. With the subdivision plat, the Developer is required to extend the Birely Drain culvert that crosses Grand Avenue, install two culverts crossing the Birely Drain for Stockman Avenue in the southern portion of the subdivision, and install an additional storm drain discharge into the Birely Drain. The Birely Drain District requested that the City enter into an agreement with the Birely Drainage District and the Developer. This agreement, which is attached, between the City, Developer, and the Birely Drainage District requires the Developer to install the improvements and the City to maintain the improvements.
ALTERNATIVES
City Council may:
- Approve the agreement; or,
- Not approve the agreement. If the agreement is not approved, the Birely Drain may not allow the culverts for the street crossings to be installed.
FISCAL EFFECTS
Acceptance of the agreement requires the City to maintain the culverts for the public street crossings of the Birely Drain and a possible storm drain outfall in the future.