AGENDA MEMORANDUM

Meeting Date:              March 9, 2009

From:                           Edward F. Smyth, Jr., Deputy City Manager

Subject:                       Resolutions Approving a License to Permit Fence Encroachment with MI Accommodation Properties and Approving a Notice to Purchasers

Staff Recommendation:

Staff recommends approval of the license with MI Accommodation Properties and approval of the Notice to Purchasers to be recorded.

Analysis:

In early 2008, the City was approached by MI Accommodation Properties for permission to install a fence across the Railroad Right of Way on Talley Road.  They needed to restrict access to the rear of their property adjacent to the RR-ROW to accommodate the security needs of their tenants.  Installing the fence across the RR-ROW would be a low cost alternative to surrounding their property.  Staff requested this fence be of the decorative extruded aluminum variety rather than the proposed chain link fence.  The property owner agreed and the City Manager approved the installation.

The City Attorney later advised staff that a License Agreement was necessary to limit any liability issues that may arise as a result of this fence.  Staff sent the agreement and the Notice to Purchasers to MI Accommodation Properties, and the firm has just recently returned them with the necessary signatures.

Options:

1.  Approved the Resolutions as presented; or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

There is no fiscal impact. The fence has been installed and the property owner is maintaining the RR-ROW in conjunction with their other mowing operations.

Submission Date and Time:    3/19/2009 11:43 AM____

Department: Administration Prepared by:  EF Smyth, DCM                      Attachments:         Yes____   No ______ Advertised:   ____Not Required ______ Dates:   _________________________ Attorney Review :       Yes___  No ____ _______________________________ Revised 6/10/04

Reviewed by: Dept. Head ________ Finance  Dept. ______JB__________                                    Deputy C.M. ________EFS________                                          Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________