Dennis Booth, the owner of Discount Propane, at 2800 Pennington Rd., requests a Right-of-Way (R-O-W) Utilization Agreement to fence off that portion of the 30 ft. wide 0.24-acre unnamed R-O-W located south of Pennington Rd., between Discount Propane and a vacant City-owned parcel used for stormwater purposes.

Mr. Booth previously applied to abandon the subject R-O-W, so that he could better secure his property from pre-existing vagrancy and repeated dumping on the adjacent R-O-W and City-owned parcel. However, the abandonment request (ABN2016-00001) was not supported by staff, based on a future possible need to extend Pennington Rd. southward. Staff suggested that a R-O-W utilization agreement would be a viable solution, to allow Mr. Booth to fence off and maintain the R-O-W as an added measure of securing his adjacent property.

Mr. Booth has met with City staff regarding the dumping and vagrancy issues, and measures have been taken to discourage vagrancy, and “no dumping” signs have been posted at the south end of Pennington Rd. and on the City property east of the subject R-O-W.

If and when the City determines the need to extend Pennington Rd. to the south, the City will contact the property owner and all site improvements within said unnamed R-O-W will be removed and the property will be re-graded and returned to a natural state, all within 30 days, per the attached R-O-W utilization agreement.

Approve the Pennington Rd. Right-of-Way Utilization Agreement for the requested fencing and security of the adjacent properties, with the following conditions:

1.   Consistency - The proposed improvements shall be consistent with the size, dimensions, location and appearance shown on the plan submitted with the current application and as described above; and

2.   Chain link fencing is allowed; the owner is proposing a 6 ft. chain link fence along much of the eastern R-O-W line, with two (2) gates near the southern terminus of Pennington Rd., per the exhibit provided with the agreement.