Pella —

During a somewhat short meeting on Aug. 7, the Pella City Council approved a resolution accepting a road right-of-way transfer from Marion County.

This resolution accepts a transfer of road right-of-way from Marion County, which extends from the City's corporate limits on East Park Lane to 240th Place. Currently this right-of-way segment is not being used by the general public; however, it has been shown in the City's comprehensive plan since 1977 as a part of the extension of East Park Lane to 240th Place.

The Iowa Department of Natural Resources has mandated the City to eliminate all known bypasses in Pella's sanitary sewer collection system. In order to accomplish this mandate, the City will be installing a new 8,100 linear force main to connect lift station #2 on East Park Lane to the southeast truck sewer located at the intersection of Vermeer Road and 240th Place. Since the proposed route for the force main includes this right-of-way area, staff contacted Marion County to obtain a permit for the installation. Instead of issuing a permit, Marion County prefers to transfer all of their rights in this right-of-way segment to the City of Pella. The reason for this position is the County has no intentions or plans to reestablish a road in this location.

Included in the right-of-way transfer is a one lane bridge which does not meet current

infrastructure standards. Furthermore, Marion County has blocked the general public's access to this bridge. It is staffs understanding that the bridge is currently utilized by private property owners for agricultural and recreational access to their properties only.

City staff is recommending the following course of action for the existing single lane bridge in this easement area:

-The general public's access to this bridge will continue to be denied.

-Staff will have the bridge inspected to determine if it is suitable for its current use and its posted limit of 23 tons. The estimated cost of the inspection would be approximately $1,000.

-If the bridge is suitable for its existing use, the two private property owners will be allowed to use this bridge to access their property; however, they will need to abide by the tonnage limits. If the bridge is not suitable for its current use, it will be torn down.

Other points that are relevant to the transfer include:

-This transfer of right-of-way will be made via Quit Claim Deed by the County and is subject to the rights of ingress and egress of any and all existing utilities.

-The County's right-of-way easement for East Park Lane is 40 foot and current City standards for right-of-way require 70 feet. Therefore, additional right-of-way would be required if East Park Lane is extended in the future to 240th Place.

-Since 1977, the City's comprehensive plan has shown the extension of East Park Lane to 240th Avenue which includes the County's existing road right-of-way for East Park Lane.

-This right-of-way segment is the proposed route for the City's new sanitary sewer force main project which is being mandated by the Iowa Department of Natural Resources.

Council also approved a resolution accepting park land to expand Brook Circle Park.

This resolution accepts the donation of .37 acres in Brookview Acres from DUGO, Inc., the developer of the Brook Circle Subdivision.

City staff believes receipt of this land would be beneficial to the City as this lot abuts the Brook Circle Park and could be used to provide additional green space for the park. The new parcel also allows the potential for better access for maintenance. Currently, the street frontage of the park is too steep to enter with equipment such as pickup trucks and lawn mowers and access must be gained through a neighboring lot.

In other action

Council approved the second readings, waived third readings and adopted a pair of ordinances (#863 and #864) for alley right-of-way vacation requests.

Ordinance 863 vacates the alley right-of-way segment located behind 309 Okaloosa Street as requested by Private Housing Co. There is currently an existing utility easement with Windstream which will be preserved. This vacation will not diminish the City's rights to establish and reserve utility easements for use of such utilities including but not limited to sanitary sewer mains, water mains, electric lines, telephone lines, cable lines, and natural gas lines.

Ordinance 865 vacates the alley right-of-way segment located behind 313 and 317 Oskaloosa Street as requested by Arvin Klein and Larry Lautenbach. The public utility easement will be maintained for the entire area.

The full alley remaining between Prairie and Carson Streets will be vacated.

The Planning and Zoning Commission approved the alley vacation at their meeting on June 25, 2012 subject to maintaining a public utility easement for the full alley area to be vacated and subject to obtaining intent to purchase agreements signed by adjoining property owners prior to City conveyance of the alley property. The latter, which was recommended by the City Attorney, would assure that the City is not left with any residual pieces of the alley should one or more of the property owners adjacent decide not to purchase.