2001-01-08 Regular Meeting and Public Hearing

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~ ~ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Januar 8 2001 Requested By: Dou Kneu er Department: Planning Report: Resolution: Ordinance: X Exhibits: 1. Ordinance with Exhibit "A" 2. Alley Closing Agreement with Exhibit "A" 3. Alley Closing Map (depicting area without owner's consent and adjacent zoning) Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: Budgeted Item: _YES ENO SUMMARY & RECOMMENDATION Alton Ogden of Belle Exploration, Inc. has petitioned the City to vacate, abandon and close the alley in Block 752, Town of La Porte. The purpose of his request is to facilitate the expansion of the business at 200 South 16~` Street. In its review, the Public Works Department has determined that a 2" waterline in the alley selves four (4) individual water customers within the block. Additionally, the northernmost 150 feet of the alley serves as an access drive to the residence at 213 S. 17~' Street. As a result of the need to relocate these services prior to closing the alley, the applicant has executed an Alley Closing Agreement with the City. The agreement stipulates that the applicant shall be solely responsible for funding the relocation of the access drive and the 2" waterline as well as all related tap and meter fees plus all plumbing reconnections necessary to fully restore utility service to each occupant of the block. The City's franchised utility companies have received notification of the closing application and have responded to the applicant's request. Reliant Energy maintains an existing gas line in the northemmosl portion of alley for which a utility easement has been executed and will become effective upon passage and approval of this ordinance. Southwestern Bell and Time Warner Communications have each provided letters of no objection to the request. The closing request at issue is not typical of similar requests involving multiple owners. This is because the owner of Lots 5 & 6 (Mr. Remigio Garcia) has not given written consent to the closing. Even though the City has encouraged a consensus between the two parties, no agreement has been reached. Although our normal practice is to secure consent of all property owners, the City Attorney has confirmed that City Council may unilaterally close this section of the alley without owner's consent. The attached ordinance, as prepared, will close the entire alley allowing the residual 8' x 50' strip, adjacent to Lots 5 & 6 to revert to the adjacent landowner, Mr. Garcia. In doing so, no monetary compensation will be received but the City may avoid many future issues such as access to and maintenance of the residual strip of public property. In accordance with Ordinance No. 98-2225, Staff has arranged for an independent appraisal to be conducted for the alley in question. As a result, the fair market value has been assessed at $1.18 per square foot for a total of $7,080.00 (based on compensation for 6,000 sq. ft.). The applicant has subsequently made payment to the City of 75% of the appraised value ($5,310.00) as per the ordinance. The final sum paid by the applicant does not include the 400 square feet of alley adjacent to Lots 5 & 6, Mr. Garcia. Recommendation• Staff recommends closing, vacating, and abandoning of the alley in Block 752, Town of La Porte as per terms & conditions of Alley Closing Agreement (Exhibit "A") attached. -- Action Required by Council: Consider approval of an ordinance to close, vacate, and abandon the alley in Block 752, Town of La Porte. Approved for Citv Council Agenda Robert T. Herrera, City Manager Date