HomeMy WebLinkAbout10/20/2009 03C Citizen Service Request Response RE: Driveway Repair at 7404 Tieton Drive •
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TRANSMITTAL MEMORANDUM
Response to Concerned Citizen
October 15, 2009
To: Honorable Mayor, Members of City Council and City Manager
From: Chris Waarvick, Director of Public Works
Regarding: Citizen Concern of Brian Kautzman, 7404 Tieton Drive
On October 6, 2009, Brian Kautzman appeared before City Council to express his
concern about the condition of a driveway approach off Tieton Drive leading north to his
residence as well as a limited number of other residences. He believed the City has an
obligation to repair an asphalt surface disrupted by utility placement abutting the
sidewalk/driveway curb cut on Tieton Drive. Mr. Kautzman further expressed the
concern that the asphalt plant would be closed soon. It normally closes in mid -
November. Prior to Mr. Kautzman coming to City Council, he was advised both by the
City's Chief Engineer and Street Manager that the City was not responsible for repairing
the driveway approach.
City Legal was requested to review the accumulated history of this matter from a number
of divisions within the City including Planning, Engineering, Streets and Legal. The
attached letter to Mr. Kautzman constitutes both a brief summary of this history and
• stars position with regard to Mr. Kautzman's theory that the City is responsible for
repairing this driveway approach.
The City Attorney's office has found that, "It is not the City's duty or legal
responsibility to upgrade an unimproved, private roadway or repair damages to
such even if it is within the City's right-of-way. The existence of deeded right -of-
way does not confer maintenance responsibility on the City. This is strictly a civil
matter between you and other parties, not the City."
I talked with Mr. Kautzman by phone on October 14, 2009 and advised him that this legal
evaluation and letter was being prepared. He continues to hold to his opinion that the
City is responsible for repairing this driveway approach.
110
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j LEGAL DEPARTMENT
' 200 South Third Street
`J Yakima, Washington 98901 -2830
,rvo
October 15, 2009
Mr. Brian Kautzman
7404 Tieton Drive
Yakima, WA 98908
Re: Complaint - October 6, 2009 City Council Meeting
Dear Mr. Kautzman:
Our office was directed to analyze and review the complaint that you submitted at the October 6,
2009 meeting of the City Council.
•
The City has gathered the following information regarding this matter. During the County's .
project to widen and improve Tieton Drive west of 72 Avenue, an asphalt approach was
installed at the curb cut that provided access to your house. This thirty foot wide strip of
III property was shown as already dedicated for a utility and access easement when your short plat
was finalized by the County in 1979. Your property was annexed into the City on January 4,
2002. In 2005, you and Doug Lemon submitted preliminary short plats to subdivide your
respective lots which would require constructing and dedicating a public road to serve the
interior lots (75 Avenue). At this time, Mary Schubert, who lived at the northeast comer of the
future 75` Avenue and Tieton Drive, acquiesced to your request and deeded the right -of -way for
the public road to the City. At some point during this process, Susan Erickson took over for
Doug Lemon. For whatever reason, the short plat was never completed. With the exception of
the right -of -way existing prior to 1979 and the right -of -way deeded to the City from the owner of
Lot 4, all interior access to this short plat is by easement. Therefore, that travelling surface from
Tieton north is a private drive.
Even though Ms. Erickson did not have an approved preliminary short plat, in the summer of
2007, she apparently hired contractors to begin constructing the roadway, electrical and water
service portions of her future sub - division. As part of this work, the asphalt approach was
removed. Once the City found that this was underway, a stop work order was issued pending
approval of a preliminary short plat. To date, preliminary plat approval is not complete - no
efforts were made to obtain it.
Earlier this year, the City's Chief Engineer, Brett Sheffield, was misinformed and mis -spoke
when he discussed this situation with you. It is not the City's duty or legal responsibility to
upgrade an unimproved, private roadway or repair damages to such, even if it is within the City's
Yakima
0 ibighal
111117
Civil Division (509) 575 -6030 • Criminal Division (509) 575 -6033 • Fax (509) 575 -6160
Mr. Brian Kautzman
October 15, 2009
Page 2
right -of -way. The existence of deeded right of way does not confer maintenance responsibility
on the City. This is strictly a civil matter between you and other parties, not the City.
Sincerely,
Lawrence Watters
Senior Assistant City Attorney
LW/brb
cc: Dick Zais, City Manager
Dave Zabell, Assistant City Manager
•
Chris Waarvick,.Director of Public Works
Joe Rosenlund, Streets and Traffic Manager
Doug Mayo, City Engineer
Brett Sheffield, Chief Engineer
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