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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Mounds View City Council March 27, 2006 Regular Meeting Page I I quote of $9,500. Mayor Marty stated the Council is approving which firm to take a look at the Community Center. He stated if the Council approves Rozeboom tonight and the project goes farther, and they do not agree to reduce their fees to 6 percent, DSGW could have been a little cheaper in the long run. He stated both firms are relatively comparable, but is leaning towards DSGW even though they did not come out to the Community Center. Councilmember Thomas asked if there is an indication from past history if the firm stayed on budget and timelines. City Administrator Ulrich stated Rozeboom satisfied the budget and timelines on both the Andover and North St. Paul projects. He offered to research it further. Valerie Amundsen, 3048 Woodale Drive, stated she and her husband belong to Anytime Fitness in Mounds View. She stated the business is thriving, is a real asset to community and is also reasonable priced. She stated she agrees that the City should not get into things like this as it runs the risk of driving a brand new business out of the City. MOTION/SECOND: THOMAS/GUNN. To waive the reading and adopt Resolution 6785 Approving Execution of a Letter of Agreement for Community Center Remodeling Design Services, with the amendment to select DSGW Architects. Councilmember Stigney stated it will cost the City $5,000 to proceed with the project, when the City should not be looking at proceeding with it at all. Finance Director Beer suggested that the Council designate the fund that should be used to pay the $5,000 fee as part of the resolution. He recommended the Special Projects Fund. A consensus was reached that the Special Projects Fund should be used. Ayes — 3 Nays — 1 (Stigney) Motion carried. F. Consider Request of Mr. Brian Amundsen, 3048 Woodale Drive, Regarding Enforcement of Building Code Provisions. Director Ericson explained that Brian and Valerie Amundsen live at 3048 Woodale Drive and have a swimming pool in their rear yard. He explained there is a six foot tall fence around their backyard to comply with City Code, which requires (at least) a five foot tall fence for pool areas. He stated that last year, the Amundsens' next door neighbor at 7092 Pleasant View Drive constructed a low -height retaining wall alongside the Amundsens' fence and graded the land level between the wall and garage. He explained the end result is that because of the change in elevation along the common property line, the fence no longer offers the same level of security as it did before the neighbor's lot was graded. Director Ericson stated the Amundsens charge that due to the actions of the neighbor, their fence no longer conforms to City Code and they are assuming undue and unnecessary risk and liability and are requesting Council action to correct the situation.