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