01/13/2003 CONF MTG - 4635�
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CffY OF
FRIDLEY
CITY COUNCIL
CONFERENCE MEETING
Jaauary 13, 2003 - 7:00 p.m.
Fridley Muaicipal Center
Conference Room A
1. Interviews with Commission Applicants.
2. Cable Franchise Agreement.
3. Proposal to Develop a Home Occupation Ordinance.
4. .lackson Street Groundwater Issues.
5. Alley Maintenance Policies.
6. Other Business.
Adjourn.
CITY OF FRIDLEY
C O MMI S SI O N I N T ER VI E WS
JANUARY 13, 2003
1. Kathleen Linder
(EQEC)
2. James Glaser
(Parks & Recreation)
3. Shirley Bohm
(EQEC)
4. Regina Querimit*
(Parks & Recreation)
5. Kelli Jones*
(Parks & Recreation)
7:00 p.m.
7:15 p.m.
7:30 p.m.
Left Message
Left Message
* Left a messages on applicant's answering machine.
Waiting for applicant to call and confirm.
Fridley Minnesota City Council
City Council Section
Commissions
Federal. State. and County Govemment Officials
M�ting SChe�uig
Generai Information
City Council Commissions
Appl ication
Page 1 of 2
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You may complete the following information on-line, print the completed application, sign it, and mail it to:
Roberta Collins
City of Fridley
� 6431 University Avenue NE
Fridley, MN 55432
Name
Address
City, State, Zip
Home Phone
Kathleen Linder
728 58th Ave NE .
Fridley, MN 55432
763-572-9348
Number of years (months) resident of Fridley 20 years
Employer
Work Phone
Work Address
Independent School District 16 - Spring Lake Park
763-795-5904
8000 Hwy 65 NE
Work City, State, Spring Lake Park, MN 55432
Zip_ __ _ .__._.._.. _ _._ __ . __�____._____ ____W
Does your work require you to travel? � Yss � No
If so, how often?
,� d d
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Do you have any special interests or training that you think a particular commission
could use?
http://www.ci.fridley.mn.us/council/commap.html 12/12/2002
I'ridley Minnesota City Council
I have a great interest to get involved in helping the city �
of Fridley be the best city ever! I believe we need to get =°�
our city to do their part in helping our environment. I
want to get in�✓olved in the ci�ies effort to help be an
environmental leader.
:::i
Please indicate which commission(s) you would like to become a member of:
(— Charter Commission
(— Housing & Redevelopment Authority
r Planning Commission
r Appeais Commission
f� Environmental Quality & Energy Commission
r Human Resources Commission
r Police Civil Service Commission
r Cable TV & Telecommunication Advisory Commission
r Parks and Recreation Commission
Signature _ . _ -c-�t�.c.J Date fZ_"_�2'OL
Back to too
http://www.ci. fridley.mn.us/counciUcommap.html
Page 2 of 2
12/12/2002
: J GLASER FAX N0. : 763-574-7424 Oct. 08 2002 03:19PM P2
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Name
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CIiY COUNC/L COMMlSS10NS
APPLICATION
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Address 2,300 �.r�� .rJ�L �� c�ty �: p��, ""''" Z;p SS ��
Does your work require you to travel? �� How often?
Do you have any special interests or training that you think a particular commission could use? (Use
reverse side, if necessary.)
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Please indicate which commission(s) you would like to become a rnember of: �j �,�,,.��,,.
Charter Commission
Hausing & Redevelopment Authority
Planning Commission
Appeals Commission
Environmental Quality 8� Energy Commission
Human Resources Commission �
Police Civi! Service Commission
Cable N� Telecommunication Advisory Commission
_�� Parks and Recreation Commissian
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Date
Please return the;application to Roberta Co/lins, City of Fridley, 6431 University
Avenue N.E., Fridley, Minnesoia 55432.
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FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVENUE N.E., FRIDLEY, MN 55432•(612) 571-3450•FAX (612) 571-1287
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APPLI�ATION
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reverse side, if necessary.)
Please indicate which commission(s) you would like to become a member of:
Charter Commission
Housing 8� Redevelopment Authority
Planning Commission
Appeals Commission
� Environmental Quality � Energy Commission
Human Resources Commission
Police Civil Service Commission
Cable N 8� Telecommunication Advisory Commission
Parks and Recreation Commission
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P/ease return the;applicafion to Roberta Collins, City of Fridley, 6439 University
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Housing & Redevelopment Authority
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Appeals Commission
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Human Resources Commission
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Parks and Recreation Commission
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P/ease �etu�n the app/ication to Roberta Co//ins, City oi F�id/ey, 6431 Unive�siiy A�enue
N.E., F�id/ey, Minnesota 55432.
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CffY OF
FRiDLEY
FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVENUE N.E., FRIDLEY, MN 55432•(612) 571-3�
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CITY COUNCIL COMM/SS/ONS
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Does your work require you to travel? �Q How often? (S �A
Do you have any special interests or training that you think a particular commission could use? (Use
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Housing & Redevelopment Authority
Planning Commission
Appeals Commission
Environmental Quality � Energy Commission
Human Resources Commission
Police Civil Service Commission
Cable N 8� Telecommunication Advisory Commission
�/ Parks and Recreation Commission
Signa ure
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Date
Please return the;application to Roberta Collins, City of Fridley, 6431 University
Avenue IV.E., Fridley, Minnesota 55432.
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Memorandum
To: Members of the City Council and City Manager �
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From: Fritz Knaak
Date: January 9, 2003
RE: Status of Discussions with Cable Franchisee Time Warner
Background
Over the past several months, we have been periodically meeting with representatives of the
Cable Company to map out areas of agreement and disagreement with the current franchise
ordinance as part of an effort to negotiation a new franchise agreement prior to the expiration of
the current one in June.
For the most part, the old franchise agreement has been in need of some language and
technological updating and there has been little disagreement as to these issues. In addition,
however, changes in the nature of the industry have placed addition competitive pressures on the
industry. The Internet has, according at least to industry representatives, made changes in public
expectations regarding publication and use of telecasting facilities. Competition with satellite
transmission has put considerable pressure on cable companies, and the period of the current
franchise has been one of significant consolidation of the industry nationally
These changes were manifested in several ways during the course of the discussions. In
particulax, we found the cable company to be singularly focused on costs and cutting back
services in non-revenue areas, such as local access. The cable company balked at the cost of
annual reports, preferring an "as needed" approach to financial and general reports. The cable
company wanted to shut down or minimize operations within the City, in the service center in
particular, and resisted City efforts to direct programming. They were interested in minimizing
or eliminating the level of their participation in local access programming.
For our part, the City adopted the posture throughout the discussions of wanting to improve
service, to have full Internet access for the City and the School District provided by the
Franchisee, and we raised the possibility of the City receiving the current studio facility as part
of any new agreement. We took the position that local programming and access were
historically important elements of cable service in the City of Fridley and needed to continue at
current or improved levels.
Within the past month, discussions have become more focused on the "nitty-gritty" issues related
to local production, government access, facilities and service. These discussions have reached a
point where both parties agreed that it would now be necessary for each to return to the decision-
making authorities for both for review and direction. The topics can be seen to be related
inasmuch as the willingness of either side to concede on some key points would be related to the
willingness of the other to agree on the other point.
Discussion Items:
The matters for review are as follows:
The Company has offered to transfer to the City all title and interest in its current
building in the City to the City. Would the City want the facility?
2. The School District has agreed in principal to taking over responsibility for local
origination if the current funding follows. They would presumably be able to utilize
students for part of this effort, the Company would agree to a one-time equipment grant,
including truck and remote equipment to the District for this purpose. Would this be
acceptable to the City?
3. High-speed Internet access would be provided to all City and School District facilities at
no cost to either entity. Still unaddressed would be the issue of dedicated channels for
future data for the District and the City. At this point, the City would need to consider
releasing one of the four public channels back to the Company as a consideration for
these items and the building.
4. In other communities, the Company has been permitted to operate a facility for bill
payments and equipment pickup and drop-off in a non-owned, leased facility, such as a
Cub Food supermarket. They would like to do so in Fridley, provided the City agreed on
accepting its building.
5. The Company will need to agree to provide "as-built" drawings of all of their facilities to
the City's engineering department.
6. The Company has requested to limit reports to those requested of it by the City rather
than a mandatory annual report that they indicate is, from their viewpoint, only a
summary of the regular reports they have been submitting on an ongoing basis to the
City's Cable Commission.
Other issues outstanding are of a more technical nature and will require simple verification of a
number of matters by the Company.
Agreement on these issues will likely result in an acceptable agreement to the Company.
I will, of course, gladly answer questions regarding these and any related matters at the Council's
work session on January 13.
Fritz Knaak
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CRY OF
FRIDLEY
Date:
To:
DISCUSSION ITEM
CITY COUNCIL CONFERENCE MEETING OF
JAN UARY 13, 2003
January 9, 2002
William Burns, City Manager ��
�
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: Proposal to Develop a Home Occupation Ordinance
M-03-10
INTRODUCTION
As you are well aware, home occupations are only discussed and regulated through the
definitions section of the City Code. In a nutshell, the ordinance states that any home
occupation shall be incidental to the principal use of the home and shall not change the
residential character of the home or neighborhood.
The home occupation definition found in the City Code does not provide very clear or
detailed regulation of home occupations and seems to be plagued by poor wording and
organization. The current definition lays out some basic criteria / performance
standards prohibiting the outdoor storage of goods, retail sales, and restricting
employees to members of the immediate family. The current definition also states,
under the same section, that professional offices, minor repair services, photo or art
studios, dressmaking, teaching and similar uses are acceptable.
Fridley's past attempt to regulate home occupations through a definition, rather than
through an actual ordinance, can only be described as a"Fridleyism". There are no
known Cities in the metro area, the state, or the rest of the country that attempt to
regulate home occupations through a simple definition. All surrounding communities
have separate home occupation ordinances that generally contain a list of permitted
uses, prohibited uses, and specific performance standards.
Community Development staff asked the Council and Commission in the 2001 Survey
about developing better regulations for home occupations. The results were rather
disappointing; 3 Council members said to leave the code as is, the Appeals
Commission split 2 to 2, and 23 of 37 Commission members felt the current language is
fine.
The same question was asked of the Council and Commissions in 2002. The survey
results and feedback at the Commission and Council joint meeting in April indicated that
there was growing support to reexamine our current ordinance. The survey itself
indicated that 20 of the respondents, including 2 Council members, were in favor of
creating a detailed home occupation ordinance. Seven more members, including 1
Council member, would create a detailed ordinance and require business licenses. The
remaining 12 respondents, including 2 Council members would keep the
ordinance/definition as it is. Discussion at the joint meeting indicated that 8 of the
attendees were in favor of developing a detailed ordinance, 2 attendees thought we
should keep the existing language, and 1 attendee thought we should explore the issue
more.
Attached, you will find a draft of the elements to include in a detailed home occupation
ordinance. Staff has compiled the draft from successful home occupation ordinances
we have developed for other communities.
PLANNING STAFF RECOMMNEDATION
Encouraged by the results of last years survey and discussion at the joint meeting,
unless otherwise instructed, Staff will proceed with developing a detailed home
occupation ordinance. Staff intends to work with the Planning Commission to further
refine and draft an ordinance based on the elements essential to make it successful.
At minimum Staff would propose correcting grammatical and syntax errors in the
existing definition.
DRAFT OF ELEMENTS TO INCLUDE IN HOME OCCUPATION ORDINANCE
Definition
Home Occupation - An occupation carried on, secondary to the primary use of the
residence, by an occupant of the residence that does not change the character of the
neighborhood.
Intent
The purpose of this ordinance is to maintain the character of the residential
neighborhoods, by ensuring the compatibility of home occupations with other permitted
uses in the residentially zoned districts of Fridley. This ordinance is designed to prohibit
any home occupations that are objectionable, incompatible, or illegal in the residential
districts.
Permitted Occupations commonly PERMITTED in other Communities
Sewing and tailoring Jewelry making, jeweler
Writing Laundry, ironing service
Telephone answering Locksmith
Tutoring Real estate sales or broker
Home cooking and preserving Wallpapering
Computer programming Watch repair
Secretarial service Small engine repairs
Day care Upholstery
Consulting services Barber shops
Drafting and graphic services Beauty parlors
Financial planning Tourist homes
Flower arranging Gardening, landscape maintenance
Home crafts
Insurance sales or broker
Interior design
Television & radio repair
Professional Office of:
at a time.
-physician
-dentist
-lawyer
-engineer
-architect
-accountant
House cleaning services
Art studio
Dressmaking
Musical instruction limited to two pupils
Home Occupations commonly PROHIBITED in other communities.
Ambulance service Vehicle painting/Body shops
Appliance repair Photo developing
Automobile repair Television repair
Boarding house Welding shop
Carpentry
Ceramics
Contracting
Health salons
Gyms
Limousine or cab service
Mortician
Palm reading, fortune telling
Massage Parlors
Catering
Churches
Gift shops
Medical or dental clinic
Rental businesses
Veterinarian
Stables or kennels
Tow truck services
Skin care
What about those uses not on the list?
Those occupations not covered by list shall require Planning Commission and City
Council approval. Applications for home occupations not on the approved list must
adhere to the following procedure.
Once an application is received for a home occupation, not appearing on the permitted
or prohibited occupation list, a zoning text amendment would be processed and the
Planning Department will make a recommendation to the Planning Commission based
on similar uses and experiences. Dependent upon the decision of the City Council the
proposed occupation application will then be permitted or prohibited in Fridley.
Each decision, by the City Council, will be used to update the list of permitted and
prohibited home occupations. Once a home occupation is on either the permitted or
prohibited list, Planning Commission and City Council approval shall not be required for
that use in the future, as the use will be permitted or prohibited based on it's
classification on the list.
❑ The time necessary to process a zoning text amendment is the only downfall to
the approach of utilizing "permitted" and "prohibited" occupation lists.
❑ Staff would work to develop a comprehensive list of "permitted" and "prohibited"
occupations through polling other communities, researching emerging trends in
home occupations, and drawing upon the knowledge of our Planning
Commission.
❑ This approach would make prosecution of illegal home occupations much easier,
as there would be no question as to whether or not the use is allowed.
Potential Conditions and Performance Standards
Any occupation engaged in by the occupant of a dwelling must meet the following
conditions and perFormance standards.
1. No equipment shall be used which created offensive noise, vibration, sound, smoke,
dust, odors, heat, glare, or electrical disturbance to radio or television reception;
2. The maximum storage area for stock in trade shall be kept at or below ten percent of
the gross floor area of the building housing the home occupation business;
3. No exterior alterations shall be made to the structure;
4. There is no exterior storage of material or equipment;
5. There is no exterior display or sign except those normally found in and permitted in a
residential area;
6. Existing home occupations that do not comply with the provisions of this ordinance
shall be considered as a non-conforming use.
7. No unreasonable use of materials or mechanical equipment not recognized as being
part of and compatible with normal household use shall be permitted.
8. The use shall not generate pedestrian or vehicular traffic beyond that reasonable or
normal to the district in which located.
9. It shall not involve the unreasonable or inappropriate use of commercial vehicles for
delivery of occupational materials to or from the premises.
10. No accessory building or space outside of the principle building shall be exclusively
used for such purposes.
11. No special space within the principle building shall be designed or arranged for such
use so that it may require internal or external alterations or involve construction features
not customary to dwellings.
12. No employees, other than the occupants of the principle use, shall be permitted.
Review and Compliance Procedures
All home occupations to be carried on incidental to a principal use, under the provisions
of this ordinance, shall be required to obtain a valid Home Occupation Permit from the
City prior to operation.
All home occupations lawfully operating at the time this ordinance is adopted shall not
be exempted from this requirement, and must apply for a home occupation permit within
one year of the adoption date of this ordinance. Procedures for home occupation
permits are as follows:
1. The applicant shall submit a written request to the Zoning Administrator for the home
occupation permit. The request must describe the nature of the occupation, equipment
involved, estimated client/customer volume, and hours of operation.
2. The Zoning Administrator will review the application for conformance to the conditions
set forth in this ordinance. The Zoning Administrator shall issue the permit, without
further action, if the occupation is in conformance with this ordinance.
3. All home occupation permits will be valid for one year. A renewal application must
then be submitted, to the Zoning Administrator, noting any changes in the operation of
the occupation.
4. Failure to comply with any of these sections may result in revocation of the home
occupation permit. (Since this is also a section of the City Code, it is possible to issue
criminal citations for violations of this ordinance)
5. A fee to defray permit review and issuance costs may be set by the City of Fridley
Council and changed as necessary. This fee is non-refundable and due at the time of
application for the permit.
❑ Issuing any sort of a permit would be optional, but beneficial.
o Would enable Code Enforcement Staff in addressing neighborhood
complaints about traffic, delivery vehicles, etc., without going through
criminal court process. (revocation of home occupation permit for
violations rather than a criminal citation)
o Emergency responders would be aware of any special equipment or
materials that may present a hazard to them in the event of an
emergency. (example: large amounts of turpentine & wood used by a
home craft business would be useful information for firefighters to have
prior to responding to a call)
o Fees are also optional, but staff would recommend a small fee to cover
staff processing time.
Fridley Ciry Code Chapter 20� (Zoning) Secrion 20�.03.38.
3=�. Guest Room. �������,.�� ������}���
t
a room or �roup oF rooms lntenaea tor ti��tn� or s,eepin� tor compensation, occupied by one (I)
or more people, in which no provision is made for cooking.
� 3�. Eiome Occupation.
r�ny occupation or profession en�a�ed in by the occupant of a dwellin� unit and carried
on-within the unit and not in an accessory� buildin�. r�ny home occupation shall be clearly
incidental and secondary to the principal use of the premises and shall not change the residential
character. The followina are criteria of home occupations:
:�. Professional oftzces, minor repair sen-ices, photo or art studios, dressmakin„ teaching
and similar uses.
B. tio stock in trade is stored outside the dw•eliin; unit.
C. No over the counter retail sales are involved.
D. Entrance to the home occupation is �ained from within the structure.
E. Teachin� is to be limited to six (6) or less students at any �iven time.
F. Licensed home based Family Day Care that serve twelve (12) or fewer children when one
(1) care giver is provided and licensed home based Group Family Day Care that serve
fourteen (1=i} or fewer children when nvo (2) care givers are provided, as defined by the
�linnesota Rule, Parts 9�02.0300 to 9�02.0-��. (Ref. 864) �-
G. In addition to spaces required by the occupant (family), there is no need for more than
two (2) additional parkin; spaces at any � ven time
�.
H. Employees shall consist of inembers of the immediate family only.
36. Hospital.
An institution open to the public, in which sick or injured persons receive medical, surgical or
psychiatric treatment.
37. Hotel.
A buildin; consistinD of six (6) or more guest rooms and designed for occupancy as a temporary
lod�in� place of individuals.
38. Integral Part Of A Principal Structure.
Constructed in general conformity to the principal structure in terms of framing, finishin� and
overall use.
. °---,--=-
Home Occupation Code Requirements
I Ci � Re uirements
Blaine ; Separate home occupation ordinance. It lists standards
j that are required for a home occupation, if a home
occupation doesn't conform to those standards, a
conditional use ermit ma be ranted.
Brooklyn Park Separate home occupation ordinance. The home
occupation must be registered with the city, no fee is
re uired.
Columbia Heights I Home occupation ordinance tied in with zoning code.
Home occupations are subject to a one-time registration
with the Ci , with a fee determined b the Ci Council.
Coon Rapids Home occupation ordinance tied in with zoning code.
Home occupation needs a conditional use permit if it brings
people to the property (ie. Photography studio, beauticians,
seamstress, music teacher, etc.) They don't require a
home occu ation to be re istered or licensed.
Mounds View They are currently looking at adopting a new home
occupation ordinance. Their existing ordinance is very
similar to Fridley's. They don't require a home occupation
to be re istered or licensed.
Osseo Separate home occupation ordinance. Enforced on a
complaint basis. The home occupation must be registered
with the Ci no fee is re uired.
Bloomington Home occupation ordinance tired in with zoning code.
Provides a list of what is and what isn't permitted. No
re istration or license is re uired.
City of Fridley
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TO: William W. Burns, City Manager��
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FROM: Jon I�. Haukaas, Public Works Director
DATE: January 8, 2003
SUBJECT: Jackson Street Groundwater Issues
PW03-008
For several years we have known about and been dealing with the issue of sump pump water being
discharged onto Jackson Street north of 73rd Avenue. We receive complaints every year from
residents about the algae and smell of the constantwater in the gutter during the summer and the
ice buildup in the winter. Both cause somewhat dangerous situations. This year has been equally
bad and probably worse than most due to the high groundwater levels we experienced.
In 1998, the residents approached the City asking to find the source of the water and come up
with a solution. From the information in our files, it appears the issue was dropped due to the cost
of the study. Most times dealing with the source of the problem is the best way. Groundwater
seems to be one of the situations where the source is simply too extensive to be economically
corrected. Several other cities and consulting engineers all agree with me on this point.
Therefore, it may be best to deal with the resulting problem directly. Specifically, let the sump
pumps collect the water entering the basements and create some rype of collection system to
handle the discharge.
There are a couple of reasons to pursue this issue. First, we believe these residences to be
switching their sump pumps over to the sanitary sewer during the winter in violation of the Ciry
Code. Requiring them to pump out into their yards all winter could create large frozen areas in
their yards that would probably overflow into the streets anyway.
Second, allowing the discharge into the sanitary sewer is considered illicit discharge that the
MCES is trying to eliminate. Clean water in the sanitary sewer takes up needed capacity at the
MCES plants. We are charged for this volume of water without being able to fully recover the
costs.
Jackson Street
Sump Pump Locations
MELODY DR NE
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City of Fridley
TO: William W. Burns, City Manager '��
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FROM: Jon .�'Haukaas, Public Works Director
DATE: January 10, 2003
SUBJECT: Alley Maintenance Policies
PW03-O 11
We have inventoried all known pieces of alley right-of-way noting their use and condition. There
are a total of 48 alleys plus one alley previously vacated but still used by multiple properties. Two
alleys in the summary below are split into two different categories and recommendations of their
use.
Attached is the summary of recommendations, full inventory and a flow chart of how the
recommendation of each was achieved.
JHH:cz
Attachment
SUMMARY OF RECOMMENDATIONS
► 1 piece previously vacated but used by several properties.
Rec: Notify users of requirement to pave. Could be paved by Ciry and assessed
through nuisance abatement process.
► 1 piece with one end vacated, other end blocked and center section gravel and used
regularly.
Rec: Vacate and require users to pave or pave and assess adjacent properties.
► 1 piece that is partially gravel and partially grass with no need for access by adjacent
properties. Police see this as a problem area.
Rec: Open up and pave through, assessing adjacent property or regrade and block
access.
► 5 pieces are gravel and partially used by several properties
Rec: Pave and assess adjacent properties. Users to continue to maintain.
► 3 pieces are gravel and connect through, used regularly.
Rec: Pave and assess adjacent properties. City to maintain in future.
► 19 pieces are blocked by fences, brush, sheds and other encroachments.
Rec: As these pieces are unlikely to ever be opened up for use, the Ciry should vacate
and turn the properry back to the adjacent parcels.
► 7 pieces are grass but open and infrequently used by adjacent properties to access their back
yards.
Rec: No action, preserve these alleys for public use.
► 5 pieces are partially paved and maintained by those users.
Rec: No action.
► 9 pieces are paved through and maintained by the Ciry.
Rec: No action
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Alley Recommendation Decision Tree
Yes Is the Alley No
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Yes Does the No
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City User
Maintained Maintained
Regula
� How �
Much Is
the Alley
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Infre�uent
Pave & o Actior
Assess Preserve
City to For Use
Maintain
Blocked
eve Used
Yes Does the
Alley Go
Through?
Regula
� How �
Much Is
the Alley
. Used? ,
Infre�uent
�C•�
Blocked
eve Used
Vacate Pave & o Actio Vacate
or Assess Preserve or
o Actio User to For Use o Actio
Maintain