Staff recommends that the City Council approve the agreement for encroachments with the Birely Drainage District and Trails West Homes, LLC.

The preliminary plat for Trails West Subdivision, Sixth Filing, was approved by City Council in December 2019.  Trails West Subdivision, Sixth Filing is located south of Grand Avenue west of 56th Street West.  With the subdivision plat, the Developer is required to install a culvert through and across the Birely Drain in order for Stockman Avenue to connect Trails West Subdivision, Sixth Filing to Buffalo Crossing Subdivision.  The construction of Stockman Avenue will complete a street and sidewalk connection between Buffalo Crossing Subdivision and Trails West Subdivision, Sixth Filing. 

The Birely Drain District requested that the City enter into an encroachment agreement with the Birely Drainage District and the Developer.  The attached agreement between the City, Developer, and the Birely Drainage District requires the Developer to install the improvements and the City to maintain the improvements.  

City Council may:

• Approve the agreement; or,
• Not approve the agreement.  If the agreement is not approved, the Birely Drain may not allow the culvert for the street crossing to be installed.

Acceptance of the agreement requires the City to maintain the culvert for the public street crossing of the Birely Drain.  The City maintains culverts that cross ditches and drains within the city limits so absent the agreement, the maintenance responsibility would be the same, therefore there is negligible cost to the City related to this agreement.