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Motion by Councilmember Kuzma, seconded by Councilmember Riley, to recommend that the <br />City Council award the project to Total Control Systems, Inc. to make all the needed upgrades to <br />this site to include all parts, labor, start up, and assistance with rebate application. <br />Further discussion: Utilities Supervisor Nelson noted this will be a one -day project and since <br />VHDs put off a lot of heat, an air conditioner will also be installed. <br />Motion carried. Voting Yes: Chairperson Backous, Councilmembers Kuzma and Riley. Voting <br />No: None. Absent: Mayor Strommen. <br />5.03: Consider Policy for Allowing Fences to be Constructed in Drainage & Utility <br />Easements with Infrastructure Conflicts <br />City Engineer Westby reviewed the staff report, noting current City policy is to require <br />landowners to install fences away from the property line in areas where a potential infrastructure <br />conflict exists. However, it is becoming apparent that an issue is developing in regard to <br />maintenance. City Engineer Westby displayed pictures of fences and 2-4 foot wide remnant <br />strips of land that remains between rear fence lines. He explained that this strip of land provides <br />for ease of inspection and minor maintenance of City -owned storm sewer systems, but creates a <br />blight situation as the property owners are likely unable to maintain the strip of property that is <br />separated from the rest of their yards by a fence. It was noted that in the Ramsey Town Center <br />10th Addition, the situation is further complicated by the lack of side yard easements. City <br />Engineer Westby stated staff is supportive of a policy change provided that adequate measures <br />remain in place to protect City infrastructure, to provide for future access to City infrastructure <br />for maintenance purposes, and to ensure that property owners retain ownership of their properties <br />without losing property rights due to adverse possession. Staff recommends that property <br />owners requesting to construct a fence on their rear property line be required to enter into an <br />Encroachment Agreement with the City that stipulates the terms of the agreement. City Engineer <br />Westby read and explained each of the conditions within the Encroachment Agreement. With <br />regard to the concern of adverse possession, the City will allow construction of fences on private <br />property lines but notify the property owner of potential ramifications between private property <br />owners in regard to adverse possession. <br />Chairperson Backous asked what precipitated this item coming forward to the Public Works <br />Committee. <br />City Engineer Westby stated there have been questions by property owners, one property owner <br />was required to relocate their fence back, and with this most recent case, Councilmember Tossey <br />had asked staff to address a solution. <br />Chairperson Backous stated the issue of blight can be address via Code enforcement if the <br />property owner is not mowing their grass. However, the problem may occur when a chain link <br />fence is against a privacy fence. He noted that this policy would create blight where a property <br />owner has to view a privacy fence that is not maintained. He stated if there is a complaint about <br />a fence on the property line, the City needs to enforce its ordinances and make the property <br />Public Works Committee / May 21, 2013 <br />Page 5 of 9 <br />