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File #: 20-39    Version: 1 Name:
Type: Resolution Status: Passed
File created: 2/24/2020 In control: City Council
On agenda: 3/31/2020 Final action: 3/31/2020
Title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT TO PERMIT THE INSTALLATION OF PAVEMENT AT 7599 WOODLAND AVENUE, HUDSON, OHIO 44236 Brief Description: This resolution authorizes the City Manager to enter into a license agreement with the property owner of 7599 Woodland Avenue to allow a portion of the driveway to encroach within a utility easement.
Sponsors: Craig Shubert
Indexes: Easements, Leases & License Agreements
Attachments: 1. 7599 Woodland Ave site plan, 2. Resolution No. 20-39 with License Agreement

Title

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT TO PERMIT THE INSTALLATION OF PAVEMENT AT 7599 WOODLAND AVENUE, HUDSON, OHIO 44236

Brief Description:  This resolution authorizes the City Manager to enter into a license agreement with the property owner of 7599 Woodland Avenue to allow a portion of the driveway to encroach within a utility easement. 

Body

Legislative History

None

Purpose & Explanation

According to the Land Development Code, a zoning certificate may not be issued for a structure within an easement without the permission of the easement holder.  Staff routinely enters into such agreements as authorized at Chapter 230.05 wherein it states that the City Manager may enter into a license agreement for fences, decks, and similar structures without foundations in the City’s utility easements. 

The property owner of 7599 Woodland Avenue is seeking such an agreement to allow a driveway to encroach upon a utility easement.  Such an installation is not authorized administratively, therefore Council approval is required.  The proposed installation has been reviewed by the Community Development, Engineering and Public Works Departments.  In summary the installation meets zoning requirements and staff does not object to its installation within the easement. 

Legal Authority for Proposed Legislation

Pursuant to Charter Section 6.04, Contracts & Purchasing:

                       Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])

                       Joint or Cooperative Purchase Program

                       Professional Services

  X                       Other, not applicable.

Fiscal Impact

                       Currently Budgeted (Account #, $)

                       Supplemental Appropriation Required (Account #, $)

  X                       Appropriation Not Required

Does this legislation require use of an emergency clause?

                       Yes [if so, explain why]

  X                       No

 

Recommendation

Suggested Action

Staff recommends City Council approve this Resolution to authorize the City Manager to enter into a License Agreement for 7599 Woodland Avenue. 

Submitted by,

Jane Howington, City Manager

Thomas J. Sheridan, Asst City Manager

Greg Hannan, Community Development Director