The owner of 219 and 223 Sondrol Avenue, BEKKP LLC, is pursuing a building expansion project. The owner is represented by Renaud Engineering. City staff has been working with the owner over the past several months regarding this project.
A key issue in the project is the existence of an active sanitary sewer main running between 219 and 223 Sondrol. The sanitary sewer was installed in 1978 in an established sanitary sewer easement and serves 20 individual properties along Sondrol Avenue. The sanitary sewer is approximately 8 feet deep in the area near the subject properties. The property owner desires to expand the buildings between the existing parcels, which would include constructing over the sanitary sewer easement and active sanitary sewer main.
City staff has indicated to BEKKP LLC and Renaud Engineering that construction over the sanitary sewer easement is not desired. Staff has stated that the sanitary sewer and its easement will need to be relocated around the proposed building expansion. There is room on site to allow for the relocation and the elevations for the gravity flow of the sewer are adequate to meet required flow.
Staff has recommended the relocation approach for several reasons:
- The easement was granted to the City to provide access to the sanitary sewer to perform timely maintenance when necessary.
- Allowing building construction over the sanitary sewer would limit the ability to excavate and repair the sanitary sewer when necessary.
- The sanitary sewer main serves properties other than where the building expansion is proposed. Those properties could be at risk if the City cannot perform maintenance or improvement activities due to the presence of the building.
- Past experience with properties where construction was allowed over an active sanitary sewer has resulted in significant costs to the City, including the eventual purchase of affected property.
BEKKP LLC does not want to relocate the sanitary sewer due to the soil conditions in the area and the associated cost and time impacts. Sondrol Drive and the adjacent parcels were constructed in an area containing significant fly-ash fill that was placed prior to development in the late 1970s. Soil borings have been performed on the site and found that there is a layer of fly-ash that varies between 5.5 to 8 feet deep. The fly-ash will present challenges in the relocation of the sanitary sewer main. Fly-ash tends to be a very inconsistent material with little to no cohesion, meaning it tends to fall apart easily. Additional precautions and steps will be necessary to ensure stability of any excavations during relocation.
In response, BEKKP LLC and Renaud Engineering have developed a detailed proposal to mitigate the risks associated with allowing building expansion over the active sanitary sewer main. The proposal includes potential language included in a draft development agreement. A letter and a copy of the draft development agreement was sent via email to the City Council on September 25, 2026. A brief summary pertaining to the sanitary sewer main is included below:
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The City would line the existing sanitary sewer with cured-in-place pipe (CIPP) to improve the strength and durability of the pipe. The cost of the lining would be paid by BEKKP LLC.
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BEKKP LLC would install an 8-inch emergency bypass pumping line through the proposed building.
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BEKKP LLC would install a high-water sensor and alarm in the downstream manhole to provide notification of a potential sewer backup.
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The City would perform annual cleaning and televising of the sanitary sewer, the cost of which would be paid by BEKKP LLC.
- The City would be allowed to remove portions of the building, if necessary, to access the sanitary sewer for maintenance, repair, or replacement, with BEKKP LLC responsible for removal and reconstruction costs.
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BEKKP LLC would be required to pay additional costs incurred by the City as a result of the building being located over the sanitary sewer in the case that relocation of the sanitary sewer is necessary in the future.
- BEKKP would sign a waiver of assessment rights.
- The agreement would run with the land so that future owners are required to follow the mitigation measures noted above.
City staff has reviewed the proposal and believes that the City Council should consider whether the mitigation measures and language being suggested is sufficient to address the risks associated with allowing the building expansion over the active sanitary sewer.
OPTION 1: Require the relocation of the sanitary sewer
Under Option 1, the City Council would determine that relocation of the sanitary sewer is preferred in comparison with allowing the building expansion over the sanitary sewer. BEKKP LLC would be required to submit engineering plans indicating the location of the new sanitary sewer alignment and submit a plat of survey indicating the new sanitary sewer easement over the relocated sanitary sewer main.
Additionally, the new plat of survey would indicate that the existing sanitary sewer easement is to be vacated to allow for expansion of the building.
OPTION 2: Direct staff to negotiate a Developer's Agreement with the property owner (BEKKP LLC)
Under Option 2, the City Council would determine that the mitigation measures proposed by BEKKP LLC provide a sufficient basis for staff to proceed with development of an agreement that would allow the building expansion over the active sanitary sewer. City staff would work with BEKKP LLC to finalize language for a Developer's Agreement that would be brought back to the City Council for consideration at a future meeting.
OPTION 3: Direct staff to negotiate a Developer's Agreement with the property owner (BEKKP LLC) with conditions added by the City Council
Option 3 would be similar to Option 2 in that BEKKP LLC would be allowed to expand its building over the top of the active sanitary sewer. The City Council would direct staff to negotiate a Developer's Agreement with the BEKKP LLC, with specific additional requests or responsibilities outlined by the City Council. The Council may desire to have additional risk mitigation efforts added to the agreement. The Council would provide specific direction to staff for incorporation into the Developer's Agreement.
BEKKP LLC desires to further develop the property at 219/223 Sondrol Avenue and is looking for alternatives to the relocation of the active sanitary sewer that runs between the two properties. A draft development agreement has been presented to the City that is intended to mitigate risk and allow the sanitary sewer to remain in place.
Easements are granted to the City so that certain activities benefitting the public can be performed (e.g., installation and operation of a sanitary sewer and ingress/egress to maintain it). In the case of 219/223 Sondrol, the sanitary sewer easement is in place to ensure that there is adequate space for the sanitary sewer main to flow and provide service to adjacent properties.
In contemporary practice, the City does not allow permanent structures to be constructed over top of easements or utilities. This prohibition is intentional, as it preserves access for future maintenance and capital improvement activities.
One modern exception where construction was allowed in an easement occurred in 2024 at 302 Sondrol, across the street from 219/223 Sondrol. In the 302 Sondrol case, a building expansion was requested over a storm sewer, not a sanitary sewer. Easement language was prepared that included a number of unique provisions including:
- The building slab be reinforced over top of the storm sewer.
- The City maintains the right within the easement area to construct, reconstruct, cover over, clean up, operate, use, maintain, and repair the sewer.
- At the City's sole discretion, it may be determined that the existing storm sewer needs to be relocated from under the building.
- The property owner is solely responsible for all costs for relocation and abandoning the existing sewer.
- The City is protected from liability from any damage to the building due to the storm sewer.
- This easement agreement is binding upon all successors and assigns.
Staff permitted the construction over the storm sewer at 302 Sondrol because the consequence of failure in the case of the storm sewer was much less impactful to the adjacent properties. In the event of a failure, water may pond on the road for a short time, but would eventually seek adjacent storm sewer intakes and in a worst case scenario could temporarily be pumped to the adjacent detention area within 300 feet. The majority of the risk is borne by the property owner at 302 Sondrol.
In the case of 219/223 Sondrol, the utility in question is a sanitary sewer. The consequence of failure could impact up to 20 properties. The most common mode of failure in a sanitary sewer main is pipe collapse or obstruction. These failures may require that the pipe be readily accessible and excavated in order to be repaired.
Additionally, because sanitary sewer is more stringently regulated by the Iowa Department of Natural Resources (DNR) compared to storm water, backups and illicit discharges are required to be reported which impacts the City's collection and treatment permit with the Iowa DNR. The risk with the requested 219/223 Sondrol encroachment extends beyond the subject property to additional properties served by the sanitary sewer and could reflect negatively on the City's compliance with DNR requirements.
Many of the conditions proposed by the owner are intended to mitigate these risks by structurally strengthening the existing sanitary sewer main and providing additional bypass piping, monitoring, and cleaning. These measures are proposed to be paid by BEKKP LLC.
The draft development agreement also includes provisions that allow the City to remove the building, if necessary, to perform maintenance or capital improvements. While this provision may provide some relief as to the ability to access the sanitary sewer main, staff remains concerned about the practicality and expediency of removing the building if access is necessary for maintenance or emergency repairs.
Additionally, if a failure occurs in the future, the property owners, City staff, and City Council members are likely to be different than those involved today. Staff is concerned that the provisions proposed today could prove burdensome in the future, or that a future owner may claim ignorance of the duties imposed in the agreement or the City's rights to enforce it.
Similar situations where construction occurred decades ago above sanitary sewer infrastructure have resulted in substantial costs to the City in recent times, including the need to purchase property following failures of sanitary sewer mains and private services.
Staff's concern is therefore not limited to the immediate construction proposal, but also the City's ability to access, maintain, repair, and ultimately replace this public infrastructure over the long term, in addition to the expectations that may be placed on the City by a future owner to address any impacts to the private property constructed over the sanitary sewer.
If the City Council concurs with staff's concerns regarding long-term access to and maintenance of the sanitary sewer main, it should select Option 1, which would require relocation of the sanitary sewer.
If the City Council determines that the mitigation measures proposed by BEKKP LLC sufficiently address these concerns and that the remaining risks associated with allowing the building expansion over the active sanitary sewer are acceptable, Option 2 or Option 3 would be appropriate. Under Option 3, the City Council would identify any additional mitigation measures or conditions it would like staff to incorporate into the proposed developer's agreement.