2002.09.03 CC Minutes - Laserfiche WebLink

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City Council meeting of September 3, 2002 Page 5 homeowners in the Sweet Grass Meadows subdivision along Oneka Lake Boulevard, who desire to install fences along their property lines. After a meeting the with homeowners, Mayor Fran Miron and Council member Frank Puleo suggested that a blanket Encroachment Agreement be used and this agreement be drafted by the City Attorney with recommendations as to the fence's location from the existing bituminous trail. City Attorney Dave Snyder prepared an Encroachment Agreement that would need to be signed individually by all l l property owners, which stipulates among other things, that the City has immediate right to enter the premises along Oneka Lake Blvd. should any public utility work need to be done in the drainage and utility easement existing in the homeowners' back yards. The Agreement called for the fence to be located at least 5' from the bituminous trail and all plantings of trees would occur inside the homeowner's fence outside of the location of the PVC drainage pipe, which is located in the center of the former existing ditch. City staff recommended Council approve the blanket Encroachment Agreement at a cost of $65 per each homeowner, which includes all legal, filing, and engineering fees. After a lengthy discussion regarding the setback requirement, a 3' setback was negotiated with the property owners present, Kathy Salverda and Jeff/Kathy Walker. Miran made motion, Haas seconded, to approve the amended blanket Encroachment Agreement at a cost of $65 to the property owners to cover legal, filing, and engineering fees. The agreements will be mailed to all property owners for their approval, if they want to install a fence. All aye. Motion Carried. STREET II"ROVEMENT AND ASSESSMENT POLICY At its specially called meeting on August 26, 2002, the Council discussed the proposed City street improvement and assessment policy. Council made some changes to the policy and directed staff to finalize those for final approval at tonight's Council meeting. City staff recommended Council approve the City's new street improvement and assessment policy and provide copies for public viewing and on the City's website. Haas made motion, Granger seconded, to adopt RESOLUTION 2002-46, A RESOLUTION ADOPTING SPECIAL ASSESSMENT POLICIES. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. JD2 CULVERT REPLACEMENT PROJECT (RESOLUTION) At its special meeting of August 26, 2002, the Council discussed the finding of the JD2 culvert replacement project. RCWD Administrator Steve Hobbs presented three options for the Council to consider. The Council included in its discussion, a desire to seek a variance from MnDOT for a reduction in the street design and width, which is the most logical way for the 157" Street culver, since it is a gravel road. Specifically, the street width would be 26' from the MnDOT standard of 32'. City Attorney Dave Snyder drafted. a resolution for Council to consider and approve to be sent to MnDOT for the official variance request. The Council discussed at length the proposed project and whether a variance was necessary to complete the work for the least amount of money. Whether to pave the roadway from the project to Harrow Avenue could be discussed at a later date.