08/19/1996 CONF MTG - 4860�
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CRY OF
FRIDLEY
CITY COUNCIL CONFERENCE MEETING
AUGUST 19, 1996 - 6:30 P.M.
MEETING ROOM 1 (LOWER LEVEL)
1. Auditor's Management Letter.
2. Community Education Center Project.
3. Multiple Family Housing Goals.
4. 60 Day Agency Action Law.
5. Infiltration and In-Flow Study.
6. MSAS Redesignations JStreet Reconstruction.
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CITY OF
FRIDLEY
TO:
FROM:
DATE:
William W. But-ns
MEMORANDl1M CityManager
The Honorable Mayor and City Council
William W. Burns, City Manager ��
/�
August 16, 1996
SUBJECT: Community Education Center Agreement
Prior to going on vacation, I sent you a copy of the preliminary draft of an agreement
between the City and School District 14 regaxding the City's remodeling and use of the
Community Education Center. I believe that the School District is willing to agree to the
contents of the attached agreement. The terms for reimbursement of costs for the
construction manager is the only thing that has not been resolved. I will attempt to work this
out prior to the conference meeting on Monday night.
We also need to consider whether the agreement should be a joint powers agreement or
continue as a recreation agreement. Fritz Knaak is doing some research that should help shed
light on that issue. I will make an effort to have the information available for Monday
night's meeting.
Thank you for your attention to this matter.
WWB:rsc
Attachment
AGREEMENT
THIS AGREEMENT is made and executed on this day of August, 1996, by
and between Independent School District No. 14, Fridley, (hereinafter "District") and the
City of Fridley (hereinafter "City").
The District and the City have enjoyed successful collaboration and co-sponsorship
of several activities offered to Fridley citizens for many years. The Uistrict has made school
facilities available to house City programs, with minimal cost to the City. The City has
sponsored excellent programs that benefit Fridley youth and adults.
Past agreements have been implemented with good faith and reasonable problem
solutions. The goal has been to maximize use of City and school facilities to benefit the
Fridley community. The District and City undertake this more formal agreement in that
same spirit of good faith and collaboration.
In return for a substantial contribution toward remodeling and new construction at the
Community Education Center (hereinafter "CEC"), a District-owned and operated facility,
the District and the City have established the following terms and conditions for the City's
use of the facility. We intend that the agreement will be continuous and may be changed to
reflect reasonable accommodations to fit future needs.
l. TERM OF THE AGREEMENT:
The term of this agreement will be for a period of thirty (30) years, beginning on
August 26, 1996, and ending on August 26, 2026. After the expiration of the initial term, the
agreement will automatically be renewed on an annual basis, unless the District or City
terminates the agreement in writing.
In the event that the District for any reason terminates the agreement other than for
reason of the City's default on its terms, the District and the City will jointly hire an appraiser
to appraise the value of the CEC. The District will reimburse the City for a portion of this
value based on the City's proportion of the overall investment in the property. In no case
will the District's reimbursement exceed 1.5 times the City's cumulative investment, not
including operating costs.
Upon notice of termination of this agreement and prior to any sale of the property to
a third party, the City shall be given the opportunity to purchase the property. The City's
purchase price shall be based on the above-mentioned appraisal minus a value proportionate
to the City's overall contribution to the value of the property. In the event that the District
and the City cannot agree on this value, the parties further agree to submit their dispute to
mediation and, if necessary, binding arbitration.
2. CONSTRUCTION:
A. Plans and S�eei acations. The City will prepaze preliminary plans and
specifications for alteration and/or addition to the Community Education
Center that will satisfy its needs for various City programs and events. The
preliminary plans and specifications are subject to approval of the District.
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The District will incorporate the City's plans and specifications in the scope
of work performed by the architect.
The City will reimburse the District for architectural services related to
design, bidding and construction of its portions of the CEC remodeling. The
amount of reimbursement shall be eight percent (8%) of the actual
construction cost of work requested by the City, exclusive of costs for exterior
paxking, landscaping and lighting improvements; or $102,000, whichever is
less. The City will reimburse the District for the services of a construction
project manager who will supervise the construction of the City's portions of
the CEC remodeling as defined below. The amount of reimbursement shall be
Plans and specifications for bidding shall be prepared in a manner that
enables the City to separate its portion of the remodeling from that portion
being funded by the District. Plans and specifications for bidding shall define
an alternate City project that will enable the City to build the addition
described below without a basement.
B. Cost Share for Construction. The City will provide the following
construction items:
(1) It will build a 6,336 square foot addition with a basement as configured
in the attached preliminary design.
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(2) It will remodel the CEC gymnasium as follows:
a. By constructing a 9' x 24' storage area in a portion of the
existing stage as shown on the attached preliminary design.
b. By providing a new stairway to the gymnasium on the north side
of the gym and adjacent to the existing boiler room stairs as
shown on the attached preliminary design.
c. By painting the ceiling and walls and providing acoustic
correction that will allow the room to be used for public
assembly.
d. By removing the "switch back" ramps that are currently located
to the front of the gym stage.
e. By making the gymnasium accessible to an elevator that will be
constructed with the new addition mentioned above.
f. By installing duct work that will distribute the benefits of a new
HVAC system.
(3) It will remodel four class rooms currently identified as room numbers
3, 5, 7 and 9, as follows:
a. By removing the eastern-most wall that currently serves rooms
1, 3, 5, 7 and 9 and by replacing that wall with a metal frame
and gypsum board wall, together with doorways that e�t to the
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newly constructed building addition as displayed in the attached
preliminary design.
b. By removing the wall that currently separates rooms 3 and 5 in
a manner that allows the creation of the audio-visual room
shown in the attached preliminary design.
c. By painting all newly constructed and existing walls, including
the newly constructed wall for room 1.
d. By constructing new acoustic ceilings with recessed, energy
efficient, fluorescent lighting.
e. By installing commercial grade carpeting.
f. By extending duct work that will distribute the benefits of a new
HVAC system.
g. By creating an office/conference/reception area in room 9 as
shown in the attached preliminary design.
(4) It will provide a heating, ventilating and air conditioning system
capable of ineeting the needs of the new addition, the gymnasium, the
kitchen, the crafts room and the four class rooms described above. In
the event that the existing heating system can be used, it will be used
to support the new addition.
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(5) It will provide a sprinkler system for the new addition and all portions
of the existing CEC that must have a sprinkler system to satisfy
building code requirements.
(6) It will construct a 16' x 32' patio built with brick pavers and served by
an access door from the new addition as shown in the attached
preliminary design.
(7) It will construct a 15,000 square foot parking lot, together with
appropriate lighting and landscaping in a manner that provides
convenient access to the newly constructed addition and to the
gymnasium. This parking lot will provide parking for 50 vehicles.
(8) It will realign the access road behind the CEC as necessary to
accommodate the construction of the 6,336 square foot addition and
15,000 square foot parking lot described elsewhere in this agreement.
(9) It will move the fuel tank that is located on the north side of the
gymnasium to a location suitable to the �istrict in order to make room
for the construction of the 6,336 square foot addition. The City,
however, will take no responsibility for the cleanup of contaminated
soils located at the current site or at any prior sites where the tank may
have been located.
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In the event that the costs for these items exceed $1,300,000, the City
will have the right to rescind its participation in this agreement by giving
notice within fourteen (14) days of the official bid opening for the project.
The District also reserves the right to accept or reject any and all bids
received for its portion of the work on the CEC. If the district rejects the bids
for its portion of the work, the City may proceed with its portion of the work
and the terms of this agreement will remain in effect.
The City's financial contribution for its portion of the work will
generally be made as contractors' bills become due. A schedule for payment
will be agreed to by the City and District financial officers.
C. Construction Supervision. District will, through the architect and
construction manager, supervise the construction of the project. The City will
be invited to send representatives to scheduled meetings with the architect,
construction manager, contractors, and District representatives.
D. Alterations. Im�rovements and Changes.
(1) Both the District and the City shall have the right to make
improvements to the CEC facilities after the completion of the project
described herein. Both parties shall consult with the other during the
planning stages of these improvements. Plans and specifications for
improvements by one party shall be subject to approval or denial by the
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other party in writing. Such approvals, however, shall not be withheld
unreasonably.
(2) To the extent that these improvements impact the operating costs of the
other party, these new costs will be shared by the parties in proportion
to their use.
E. Disposition of Improvements. All structures or facilities discussed in this
agreement, and all alterations, improvements, changes or additions to the CEC
shall be the property of the District during and after the term of the agreement,
and upon any termination of this agreement, subject to the guarantees
contained herein.
3. MAINTENANCE, REPAIRS AND DESTRUCTION OF IMPROVEMENTS•
A. Maintenance. The District will be responsible for routine maintenance and
repair of both the interior and exterior of the CEC. However, any damage
which occurs during or as a result of any City program or event will be the
responsibility of the City.
B. Non Routine Maintenance. Maintenance that could be characterized as non-
routine (e.g. replacement of carpeting or tile) and major capital improvements
(e.g. replacement of the heating system or roo� will be shared as follows:
(1) The City will be responsible for non-routine maintenance of the new
addition and class room numbers 3, 5, 7 and 9. This includes non-
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routine maintenance of the elevator that serves both the new addition
and the gymnasium.
(2) The City will be responsible for non-routine maintenance of the newly
constructed parking lot that is located behind the new addition.
(3) The City and the District will share the costs of non-routine
maintenance for the gymnasium, kitchen and crafts room.
(4) The District will be responsible for non-routine maintenance for all
other portions of the building and grounds.
4. OPERATING COSTS:
The City and the District wish to provide for a fair distribution of operating
costs for operating the CEC. In general, both parties agree to pay a portion of total
operating costs roughly equal to the space they occupy and the percentage of the time
that they use it. In keeping with this philosophy, operating costs for the CEC will be
divided as follows:
A. The City will pay $2.90 per square foot, or $18,374 per year, for the operation
of the new addition. The cost will be adjusted annually beginning in 1999, to
reflect actual operating costs.
B. The City will pay $2.90 per square foot, or $9,222 per year, for the operation
of class rooms 3, 5, 7 and 9. This cost will be adjusted annually beginning in
1999, to reflect actual operating costs.
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C. The City will pay $1.45 per square foot, or $9,500 per year, for its use of the
gymnasium, kitchen, and crafts room facilities. This cost will be adjusted
a.nnually beginning in 1999, to reflect one-half ('/2) the actual cost for operating
these facilities.
D. The District will pay for all other interior and exterior costs associated with the
operation of the CEC.
E. At such time as the City begins use of the basement below the new addition for
purposes other than storage, it will pay additional operating costs associated
with the use of the basement. This cost will reflect the per square foot cost for
operation of the remainder of the building.
F. The City's portion of the operating costs shall be payable to the District by the
l Oth day of each month for costs incurred during the preceding month.
5. USE OF PREMISES:
Use of the CEC will be in accordance with the CEC use policy as agreed upon by the
Director of Community Education and the Director of Recreation and Natural Resources and
be subject to the following priorities and conditions:
A. Priorities for Use.
(1) The City of Fridley shall have first priority on use of room numbers 3,
5, 7 and 9, and all rooms in the new addition to the CEC; second
priority for these rooms would be given to District programs; and third
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priority would be other activities including, but not limited to,
community organizations and authorized groups.
(2) The District shall have the first priority on use of the remaining class
rooms in the existing CEC; second priority would be given to the City
of Fridley Recreation and Natural Resource Department; and the third
priority would be given to other activities including, but not limited to,
community organizations and authorized groups.
(3) The use of the gymnasium, kitchen facilities and crafts room shall be
shared by the City and School District on an equal basis and scheduled
cooperatively by the Director of Community Education and the
Director of Recreation and Natural Resources. E�sting programs using
the gymnasium, kitchen facilities and the crafts room will be given first
priority for their existing use schedules.
(4) Proposed schedules of events and activities will be provided by the
School District and the City to each other on or before July 1,
October 1, February 1, and April 1 of each year to facilitate joint review
of the calendax.
B. Failure to Schedule. Failure of the District or City to schedule an event in
advance as required in Paragraph A4 above will result in that event losing
priority scheduling. Said event or events will then be scheduled with a lower
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priority as space is available. In the case of a conflict in scheduling of events,
or if the need to schedule an event arises following the development of the
schedule, the Director of Community Education and the City's Director of
Recreation and Natural Resources will meet and confer, and use their best
efforts to resolve the conflict.
C. Scheduling, Changes to Schedule and Building Supervision. All scheduling
and issuance of building permits will be handled be the Director of
Community Education. All schedules required to be submitted under the
foregoing sections will be submitted to the Director of Community Education.
Once processing of facility usage permits is completed for any quarter, any
changes or modifications that would affect activities scheduled under the
scheduling priority system must be mutually agreed upon by both parties. The
City will provide a Building Supervisor as need requires for city-sponsored or
funded programs. Plans for supervision, including specification of when
supervisors will be hired and how their jobs will be described, shall be agreed
upon by the Director of Community Education and the Director of Recreation
and Natural Resources on a quarterly basis. The Community Education
Director shall maintain and control all keys and other means of access to the
entire CEC facility. The City shall have its own key or other means of access
to the new entrance, rooms 3, 5, 7, and 9, all rooms in the new addition, and
the gymnasium area. The building supervisor will be responsible for cleaning
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the premises and returning the premises to the same condition as found at the
commencement of its use. The District custodian will be responsible for
weekly cleaning as long as City groups are out of the building by 11:00 p.m.
on weekdays. T'he City will reimburse the District for any additional costs
arising out of the City's use of the CEC facility.
D. Conditions of Use. All uses of the CEC shall be subject to the following
conditions, restrictions and requirements:
(1) Use of the premises may begin no earlier than 6:00 a.m. on any day.
Events on any day will not be scheduled to last past 11:00 p.m.
(Monday through Friday) and 12:00 midnight (Saturday/Sunday) unless
expressly agreed in writing by both parties.
(2) No smoking or alcoholic beverages will be allowed in the gymnasium
or on the premises at any time or in any circumstance.
(3) The District's policies regarding weapons will be in effect throughout
the CEC property.
(4) If requested by either partX, District and City agree to develop within
thirty (30) days of the request and review from time to time a complete
set of rules and regulations for use of the CEC and surrounding
property.
(5) The City will be responsible for enforcing all applicable rules and
regulations during City-sponsored events.
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6. INSURANCE:
The District and City shall both maintain in effect throughout the term of this
agreement, comprehensive general liability insurance, with limits of not less than Two
Hundred Thousand and 00/100 Dollars ($200,000) per claim, and Six Hundred Thousand and
00/100 Dollaxs ($600,000) for any number of claims arising out of a single occurrence.
The amount of insurance shall be increased in the amount of any increasing
government tort liability under Minnesota Statute §466. Such insurance shall specifically
insure against all liability arising or potentially arising under this agreement, or the use of the
CEC, as well as liability imposed by law, and shall name the non-procuring party as an
additional insured.
7. ADDITIONAL NEW CONSTRUCTION BY CITY:
A. The District recognizes the City's intent to build at its cost a 12,600 square
foot double gymnasium facility on District-owned property to the south of the
existing kitchen in the CEC. The approximate location of this future building
is identified on the attached preliminary architectural design.
B. The City agrees that it will need the review and approval of the District for a
specific building design, and also understands that this approval shall not be
withheld unreasonably.
C. The District agrees that it will make the property available at no cost to the
City for purposes of the construction.
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D. The District and the City agree that the proposed gymnasium will be used
primarily for City events. It will, however, be generally available for District
use when not being used by the City.
E. The District agrees that the City has the option to construct this facility for a
period of twelve (12) years beginning August 26, 1996, and ending August 26,
2008. The option shall be automatically extended for one-year intervals unless
the District or City terminates the option in writing.
F. The terms and conditions for use of this facility by the City and the District
shall generally be patterned after those established for other portions of the
CEC.
8. INDEMNIFICATION OF DISTRICT:
District shall not be liable for any loss, injury, death or damage susta.ined during City
events or as a result of City events, to persons or property sustained by City or by any person
or entity using or occupying or visiting the CEC and surrounding premises for City events,
including any contractor, subcontractor, event participant, employee or volunteer.
City shall defend, indemnify and hold District harmless from any and all claims,
liability, loss or damage whatsoever on account of any such loss, injury, death or damage
arising out of the use of the CEC for City events. City waives all claims against District for
damages to the property of City in, on or about the premises, and for injuries to persons or
property in or about the premises, arising out of the use of this building for City events. The
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two preceding sentences shall not apply to loss, injury, death or damage arising by reason of
the negligence or misconduct of District, its agents or employees.
9. NOTICES:
All notices, demands, or other writings in this Agreement provided to be given or
made or sent, or which may be given, made or sent by either party to the other, shall be
deemed to have fully given or made or sent when made in writing and deposited in the
United States mail, registered and postage prepared, addressed to the District as follows:
District: Superintendent
Independent School District No. 14, Fridley
6000 West Moore Lake Drive
Fridley, MN 55432-5698
City: City Manager
City of Fridley
6431 University Avenue N.E.
Fridley NiN 55432-5698
The address to which any notice, demand or other writing may be given or made or
sent to any party as above provided, may be changed by written notice given by such party
as above provided.
10. NOTICE OF DEFAULT:
Neither pariy shall be deemed to be in default under this agreement unless the other
party shall first give written notice of the default, and the default is not cured within sixty
(60) days; or, if the default is of such a nature that it cannot be cured within sixty (60) days,
the party fails to commence to cure the default within the period of sixty (60) days, or fails
thereafter to proceed to the curing of the def�ult with all possible diligence.
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11. DEFAULT:
In the event of any breach of the agreement by the City or the District and after the
notice and time periods set forth in Section 10, the City or District, in addition to other rights
or remedies it may have, shall have the immediate right to terminate this agreement without
penalty.
12. WAIVER:
The waiver of District or the failure of District to take action with respect to any term,
covenant, or condition contained in this agreement shall not be deemed to be a waiver of
such term, covenant or condition, or subsequent breach of the same, or any other term,
covenant or condition contained in this agreement.
13. PARTIES BOUND:
The covenants and conditions contained in this agreement shall apply to and bind the
heirs, successors, executors, administrators and assigns of all of the parties to the agreement.
14. CONSTRUCTION OF AGREEMENT:
It is agreed that this agreement shall be governed by, construed and enforced in
accordance with the laws of the State of Minnesota. It is further agreed that both parties have
participated in the drafting of this agreement, by and through their respective legal counsel,
and that the rule of construction that ambiguities in such agreements will be construed
against the drafter will have no application in any interpretation or construction of this
agreement or the parties' rights and responsibilities hereunder.
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15. MODIFICATION OF AGREEMENT:
Any modification of this agreement or additional obligation assumed by either party
in connection with this agreement shall be binding only if evidenced in a writing signed by
each party or an authorized representative of each party.
16. ADDITIONAL DOCUMENTS:
The parties agree to execute whatever papers and documents may be necessaxy to
effectuate the terms of this agreement.
18. ENTIRE AGREEMENT:
This agreement shall constitute the entire agreement between the parties. Any prior
understanding or representation of any kind preceding the date of this agreement shall not
be binding upon either party except to the e�ent incorporated in this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed as of the date first above written.
INDEPENDENT SCHOOL
DISTRICT NO. 14
By:
Its:
By:
Its:
W WB:8/07/96
Ig
CITY OF FRIDLEY
By:
Its:
By:
Its:
William J. Nee
Mayor
William W. Burns
City Manager
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MEMORANDUM
DEVELOPMENT DIRECTOR
DATE: August 15, 1996
TO: ��Iliam Bums, City Manager �� �
FROM: Barbara Dacy, Community Development Director
Grant Femelius, Housing Coordinator
SUBJECT: Review Proposed Strategy to Accomplish Multiple Family
Housing Goals
Introduction
At the February 1996 Council planning, retreat, the City Councii placed a high priority
on signifieantly rehabilitating apartment buildings. In fact, rehabilitating the City's
multiple family housing stock is identified in both the 1996 and 1997 Community
Development Department goals and objectives. A copy of the G& O's are attached
for your convenience. Among the work activities this year is to start identifying
properties in need of substantial rehabilitation. �taff will also determine the extent of
rehabilitation, review the needs outlined in the Housing Action Plan, and evaluate the
level of �inancial involvement. -
Last month, we began the process of identifying poten#ial properties in need of
significant rehabilitation. In conjunction with this activity, we have started the
following: a) identified potential funding sources; b) developed a continuum of options
on public sector involvement; and c) met with a non-profit housing provider about
their multiple family housing experience.
The purpose of this memo is to outline several issues which should be addressed by
the Council before a project is started and the appropriate action steps. Additional
information will be provided at the Council meeting on August 19th.
Existinq Multi-family Proqrams and Services
Currently, the HRA and CEE administer two low-interest loan programs to rsntal �
property owners. In general, these programs cover moderate rehabilitation needs up
i
Multiple Family Housing Memo
August 15, 1996
Page 2
to $10,000 per unit or $100,�0 per buiiding. Eligible improvements are limited to
such things as roof and window replacemen#, mechanical system upgrades, and
other basic improvements. However, the programs are not designed to address
substantial rehabilitation needs.
In addition to financial assistance by the HRA, the Fridley Fire Department is in the
second year of the rental inspection program. Under the program, all r•ental units are
inspected once every fours or when complaints are received. Again, the emphasis
is to correct basic deficiencies of the structure, but not issues such as the
attractiveness of a building, amenities, property management or marketability.
Although many rental properties are in decent condition and properly mai�tained,
there are several properties which have fallen into disrepair. It's clear that these
properties impact surrounding properties and the larger community. Below is a list of
steps staff plans to take in order to accomplish the multiple family housing goals.
1. Identifir Substandard Buildings
In general, staff will focus on builclings which have the following
characteristics: . '
a) Older �uildings constructed in the late 1950's or early i960's which are
in poor condition and showing signs of exterior deterioration resulting
from deferred maintenance. Typical conditions include:
- Rotted windows and doors.
- Peeling paint or cracking stucco.
- Spalling brick and/or missing mortar.
- Rusted flashing, vent jacks, gutters and downspouts.
- Sagging roofs or structural components.
b) Buldings with poor interior and exterior designs. Examples,
include fla# roofs, minimal exterior features such as decks, facade
treatments; imposing scale with surrounding properties; inadequate
covered parking, poor lighting and signage, and other issues such
tenant storage, children's play areas, and landscaping.
c) Buildings with histories of rental code complaints and/or management
problems.
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Multiple Family Housing Memo
August i5, 1996
Page 3
2. Solicit Owner Participation
In the next month we will begin contacting property owners to solicit their
participation in a substantial rehabilitation project. Issues to be explored
include owner cooperation, financial status of property, owner's ability to
finance improvements, scope of work, and project timing.
3. Determine Rehabilitation Needs
The HRA has hired Gar Hargens from Close & Associates to provide a range of
rehabilitation options for several o# the potential sites. Mr. Hargens will also
prepare three levels of rehabilitation. The amount of rehabilitation will vary
depending upon the age, condition, and size of the sites to be selected.
Additional issues we will ask Hargens to consider are;
* Reducing building density to create larger units and in some cases more
bedrooms.
* Improve the facade and other exterior elements to create more
contemporary appearance.
* Review building site/s and generate options for parking, landscaping,
lighting and other amenities.
Because of limited funds, we plan to use Mr. Hargen's services only on 1 or 2
potential sites. `
4. Identi Costs and Financial Resources
Upon completion of Hargen's work, we will identify potential project costs.
We will also meet with representatives from the Minnesota Housing Finance
Agency (MHFA) to review the proposed project/s and determine funding
programs. Based on this meeting, we can then evaluate what role, if any, the
HRA or City could play in the project.
MHFA will begin another multiple family funding cycle in February of 1997.
Applications will be taken on a competitive basis and in some cases public or
non-profit ownership is required.
K
Multiple Family Housing Memo
August 15, 1996
Page 4
The attached matrix ("Continuum of Options") shows the range of options
available to the HRA and City. Previous efforts have included several options
on the continuum such as offering loans to owners; acquiring and leasing
property to ACCAP for transitional and leasehold cooperatives; demo-
lition of apartments.
5. Explore Property Management Issues
We are currently in the process of explor�ng the second element in doing a
multiple family project: property management. More and more multi-family
projects are linking social services with housing. Typical services include
helping tenan#s with basic education needs and tutoring, day care, job skills
training and finding employment. Non-pro#its are well-suited for this role
because of their mission to help people become self-sufficient. In addition,
non-profits can access private foundations and other funding sources to help
finance a project. tn many cases, agencies such as MHFA require a non-profit
(i.e. ownership and/or management) in order to be considered for funding.
In July we met with a representative from Common Bond to leam more about
their �xperience in the area of mia�iple family housing. Common Bond is very
interested in working in Fridley and indicated that they have worked on
similar projecfs 'in Crystal and Minneapolis.
HRA Discussion
At their August Sth meeting the HRA discussed the multiple family housing �goals and
the action plan prepared by staff. Two members were concemed about whether the
HRA should be involved in such a project. In general, the HRA was concemed about
the extent of rehabilitation and potential costs implications. The HRA did support the
staff recomme�dation to continue researching the matter and report back at a future
meeting this fall.
Recommendation
Unless otherwise directed staff will continue to pursue the steps outlined above and
provide progress reports in the next 2 to 3 months.
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M-96-381
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Q 4.
BUDGET � sss
City of Fridley
State of Minnesota
Goais and Ob'ectives
Fund i Department !Division
262 ' Housin Coortlinaior Fund 08 Communit Develo ment; Housin
>
? PEAFORMANCE CC)ST$/ BUDGET
OBdECTIVES/ACTINI'TIES MEASURES ! UNITS : EXPtANAT10N IMPACT
_ _ __ _ _ : _ _ _ __ ___ _ _
— Anoka County Community Action
Program (ACCAP)
— Consultarrts or contract employees;
— Temporary, part—time HRA
employees.
OBJECIIVE #2:
To increase the level of participation in the
muftiple—family housing rehabilitation
program.
ACTIVITI ES:
2a. Adjust programs as needed as a May 1995 HRA Budget Absorbed
result of focus groups.
2b. Conduct marketing effort:
— Hyde Park June 1995 HRA Budget $1,000
— Target neighborhood from May 1996 IiRA Budgst Absorbed
redevebpmerrt plan.
2a Consider policy for public or non— June 1995 HRA and City Budget Possibie Losses
profit ow�ership of muftipie—family _ of Tax
rental property. Revenue
— Use models identif7ed in Southwest
�uadrant analysis to evaluate target
neighborhood from redevelopment
plan.
— Evaluate use of non—profit
ownership.
2d. Establish new p�ogram to help March 1996 HRA Budget New Money
multiple family owners with refinancing
and rehabilitation.
2e. Eupand the number of financial
ir�stitutions providing loans:
— Center for E�ergy and the May 1995 HRA 8udget Absorbed
Environment
— Major banks March 1996 HRA Budget Absorbed
— SmaNer sized banks April 1995 HRA Budget Absorbed �
2f. Conduct customer service surveys ' June and December HRA Budget Absorbed �
with ov�vners. � ggg
, �
City of Fridiey
State of Min�esota
'�
ACTIVITIES:
5a. Evaluate f 996 fair and revise format
as necessary.
5b. Contact adjacent communities.
5c. Formutate committee.
5d. Ident'rfy and reserve location.
5e. Conduct fair.
OBJECl1VE #6:
To rehabilitate the most severely
deteriorated multi—family buildings.
ACTIVITIES:
6a. Identify properties in need of
signifcarrt renovation.
sb. Iderrt'rfy improvements to be completed
on the structures, including code—related
items, and exterior design/appeara�ce,
and size of the units {i,e., number of
bedrooms).
6c. Review outcome of Housing Action
Plan to access market demand
characteristics for multi—family units.
6d. Evaluate the level of financial
involvement and the method of providing
the assistance.
6e. Work with propetty ownets to
determine willingness to participate.
6f. Identify other poterrtial sources for
funding rehabilitation work and submit
appropriate applications.
sg. Implement project
BUDGET 1997
and
May 1996
July 1996
August 1996
September 1996
Ma�ch 1997
November 1996
January 1997
March 1997
Apri! 1997
May 1997
June 1997
August 1997
!-IAA Budget
HRA Budget
HRA Budget
HRA Budget
HRA Budget
HRA Budget
HRA Budget
HRA Budget
Absorbed
Absorbed
Absorbed
Absorbed
Absorbed
Absorbed
Absorbed
Absorbed
HRA Budget ` Absorbed
HRA Budget Absorbed
HRA Budget New Money
$500�000
HRA Budget Absorbed
� • . .-. ,
MEMORANDUM
PLATTNING DIVISION
TO: �William Burns, City Manager �' �
,�
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: 60 Day Agency Action Law; Further Options
The City Council discussed the 60 Day Agency Action Law at the July 15, 1996 Conference
meeting. The Council directed staff to complete further research regarding the following:
1. Investigate using the Star-Tribun� to publish notices of land use requests in order to
a11ow petitioners the ability to complete an applicaxion without having to wait until the
next applicatior� deadline. �
2. Develop a schedule for rezonings which would allow for a public hearing at both the
Planning Commission and the City Council and still comply with the 60 day time limit.
Star-Tribune Investigation
�
Staff contacted the Star-Tribune to determine the costs to publish public hearing notices and the
timeframe for publication. It should be noted that 1Vrnnesota Statute 462.357, Subdivision 3
requires publication of the public hearing notice 10 days prior to the date of the public hearing.
The cost to publish notices in the Star-Tribune is $2.40 per line as compared to $.85 per line for
the Focus. The attached notice, of average length, would cost $187.77. The same notice would
cost $66.30 in the Focus. The Focus also reduces the price per line for the second publication.
Publishing in the Star-Tribune could delay the initiation of routine tasks by up to nine calendar
days at the beginning of the process. This would reduce the amount of time for staff review,
report preparation, and mailing list generation, as illustrated in the table below:
August 15, 1996
60 Day, Further Options
Page 2
STAFF TASKS TYPICAL PROCESS LATE SUBMISSION
SCHEDULE SCHEDULE
Appiication Deadline August 16 August 16
Receive Application August 16 (Day 1) August 19-23 (Days 4-8)
Petitioner submits information
late.
Review Application for August 19-22 {Days 4-7) August 20-27 (Days 5-12)
Completeness
Notify Applicant of Complete August 26 (Day 10) August 29-September 3
A.pplication (Days 14-19)
Prepare Mailing List/Labels August 21-27 (Days 6-12) August 26-30 {Days 11-15)
and Public Hearing Notices
Schedule Review by • August 20 (Day 5) September 3(Day 19)
Development Review
Committee
Contact Petitiot�er with August 21 (Day 6) September 4(Day 20)
AdditionalInformation .
Requirements, if needed
Publish Notices August 27 (Day 12) September 5(Day 21)
Thursday Focus, September 5 Sunday Star-Tribune,
and 12 September 8 and 17
Mail Notices to Neighbors September 6(Day 22) September 6(Day 22)
Prepare StaffReport September 9-13 (Days 25-29) September 9-13 (Days 25-29)
Planning Commission Hearing September 18 {Day 34) September 18 (Day 34)
Bill Petitioner for extra Not Required Finance Department mails
charges invoice and pursues payment.
As the table illustrates, the length of time to do the required tasks is shortened from 19 working
days under the Typical Process Schedule versus 14 working days under the Late Submission
Schedule. The critical activity during this time is the generation of mailing lists and preparation of
the staff report. This work is balanced with other land use case work and requests for secvice
from the Council and the public. The ioss of 5 working days is detrimental to good staff review
and analysis. Further, having multiple application days will cause multiple tracking needs for the
August 1 S, 1996
60 Day, Further Options
Page 3
applications. This increases the risk of error and an application may be automatically approved
without Council action. Staff would therefore recommend not using the Star-Tribune for the
publication of hearing notices.
Options for Rezoning Requests
Staff developed two alternatives for the Council to consider for rezoning and text amendment
requests.
Option A: Planning Commission Public Hearing Only
As discussed previously, this option would eliminate the public hearing at #he City Council. This
would require a decision regarding the rezoning request at the City Council meeting following the
Planning Commission meeting like other land use requests. This process would then total 60
days.
Option B: Accelerated City Council Public Hearing Process for Rezonings and Zoning Code
Text Amendments
For rezoning and teact amendments, sta$ would establish the public hearings before the Planning
Commission and the City Council administratively. There would be no meet�ng by the Council to
establish the public hearing, staff would simply include notification of the Council public hearing
in the notice for the Planning Commission. This would then allow the two public hearings to
occur immediately after each other. An example of this is:
Application Deadline:
Notices Published:
Pla.nning Commission:
City Council:
60 Day Deadline:
August 16, 1996
August 27, 1996 (Planning Commission and Council
notices)
September 18, 1996 (public hearing)
September 30, 1996 (public hearing)
October 14, 1996
In most cases, the Council wouid need to make a decision regarding the request on the same night
as the public hearing, as the 60 days would coincide with that date. Occasionally, due to the
calendar schedule, the Council may have the lu�cury, as in the above example, of having two
weeks to make a decision regarding the request. In instances where the Planning Commission
tables consideration of an item, the hearing notices for the Council meeting would need to be
republished and the neighbors renotified, as is currently done.
August 15, 1996
60 Day, FuRher Options
Page 4
Recommendations:
Star Tribune/Focus Publication
Staff recommends that the City continue to publish public hearing notices in the Fridley Focus,
and not provide an option to applicants to publish in the Star-Tribune.
Rezoning�Request Process
Staff also recommends that the City Council direct staff to implement one of the two options
above to process rezoning requests.
Miscellaneous 60 Da,Y Implementation Activities
Unless otherwise directed, staff will pursue the following activities to implement changes to
comply with the 60 Day Agency Action Law:
Initiate a zoning text amendment to change the land use processes to comply with the 60
day req�iirement.
2. Initiate a charter amendment as recommended by the City At�orney for vacatiori requests.
3. Amend the public hearing notices, as appropriate depending on Option A or B above.
4. Finalize all submission checklists and tracking forms for land use cases.
5. Evaluate televising Commission mee�ings (Planning, Appeals, and HRA), pen�ing resuits
of analysis by Brian Strand and Bill Hunt.
►ilu I
M-96-380
PUBLIC HEARING :
BEFORE THE �
APPEALS COMMISSION -
------------------------------------------------------------------
-----------------------------------------------------------------
Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a>
Pubiic Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on
Wednesday, August 14, 1996, at 7:30 p.m. for the purpose of: �. ,
Consideration of variance request, VAR #96-16, by Tim Chies: ;�-:;
Per Section 205.07.03.(D).(4).(b) of the Fridley Zoning Code, to reduce the rear�
yard setback for an accessory structure on a double-fronted lot from 35,feet to 7;::,
feet on Lot,:1, Block 2, Nagels Woodlands, generally addressed as 7595 Able "�
Street N:E.r'from 3�'feef tg'15 feet�on�ot 2, Bloc�C'2,,.Nage�s 1�V�od�ar,�ds�; 'i� �
�, r � ; t �- �' � f f ' r i � i � � ���
general�jr ad�fressed��as �579�AblelSt�reet�iV.��, frP m 35 fee t�o 15feet or�Lo� 3, `i ;
Blo �C 2� Na els jilVoodlan ,�,�, ne�-alI addressed ' s f�565�AbIc�Str�et�V.E.; � �
�, , . � i • ,r �"'� i� � r , ! � l� 1; � r
Nag s '
fee �o�l
752 At
�
5 -ee��on t �� B`' ck
� A �1e e `t � .; r�
id�! g, er ly�d r�ss�
� L�ot ; B , N� Is
t� N. !., rid y,�111i r�ie;
r aaraa s. �
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Any andi,all�persons1desi"ring toFbe heard sh��l �e giVen�the �pportunity�at the above�' �� :
stat�d time'and place. z�- � � �
LARRY KUECHLE �::
CHAIRPERSON �S
APPEALS COMMISSION : t
Any questions related to this item may be referred to the Fridley Community 1��
Development Department, 572-3593. �_�
Hearing-impaired pers9ns planning to a#tend who,need an;'interpreter; or other persons ,-
with'disabisities who require auxiliary;:aids should;contact Roberta;Collins �at 572-3500
no later than August 7, 1996. .° ' ' '
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a property owner or developer to prevent wind or water j`
erosion. �
(2) The City may review any development plan to ensure that
erosion and sedimentation shall be effectively controiled_
E. Water Pollution.
,'
The discharge of raw sewage, industrial wastes or othe� pollutants
into the waterways or lakes of the City shall be s.ubject to the
regulations of the Minnesota Pollution Control Agency.
:
F_ Solid Waste_
�,.
Sanitary landfills shall be prohibited.
8. FIRE PROTECTION R.EQUIREMENTS
1. Sprinkler systems shall be required �n all buildings hereinafter
-erected, constructed or altered� and•'which the single floor area
exceeds 10,000 square feet and the floor area of multi-storied
buildings exceeds 20,000 square,�%�feet in the following zoning
districts: C-1 Local Business�,�C-2 General Business, C-3 General
Shopping, CR-1 General Office; M-1 Light Industrial, M-2 Heavy
Industrial, S-2 RedevelopmentFand PUD Districts. �
2. Sprinkler systems shall�be required in buildings with a gross area
less than 10,000 square fFeet if a minimum of 20 square feet of opening
above grade for each � lineal feet of wall on at least one side of
the structure is noti rovided.
3. Sprinkler sys ms shall be required in,every building hereinafter
erected, const ted or altered and which the aggregate floor area
exceeds 8,500 square feet� and said°building is located in an R-3
District. �
4. All b,�iildings constructed of Type I or II F.R. as defined by the
Uniform�$uilding Code may increase the floor area by 300 gercent.
5. All sprinkler systems required by this Chapter shall be
co structed in accordance with the NFPA Std. #13 entitled� "Sprinkler
� stems".
205.05. ADKINISTRATION AND ENFORCEMENT
1. ZONING ADMINISTRATOR
The Zoning Administrator as designated by the City Manager shall
provide for:
A- The maintaining of permanent and current records of this
Chapter inciuding all map amendments, conditional uses, variances,
appeals and applications hereto.
B. The receiving, filing and forwarding of all applications for
amendments, variances, special uses.or other matters to the
appropriate.Commissions and City Counc�l.
ADMINISTRA-
TION AND
ENFORCEMENT
10/90 205-20
r
1
f;:i4 .
�:
205.05.03.
C. The issuance of all permits and certificates required by this
Chapter_
D. The inspection and_examination of all buildings and land, and
the issuance of vritten orders required in remedying any
conditions which are found to be in violation of this Chapter.
E. A liaison to the Planning Commission and its member
Commissions_
F. The enforcement of the decisions of the City Council
pertaining to this Chapter. ��� ���Q� �,._�ul,� �S '��1���VeE�
2. ANNERATION
Areas hereinafter annexed to the City of Fridley shall be considered
to be in R-1 Districts, and may be changed whoily or partly to any
other District or Districts only by an amendment or amendmants as
provided for herein except where a different zoning classification is
established by and under any ordinance for the annexation of the
affected lands_ Within ninety (90) days after the effective date of
any annexation, the City Councii shall cause necessary studies to be
made for the determination of the need if any, for any change in the
zoning classification. �
3. AMENDMENT TO THE ZONING ORDINANCE
The Council, by a four-fifths (4/Sths) vote� may adopt amendments to
this Chapter as re�uired. The procedure shall be as follows:
� � •
A. Initiation For Amendment.
(1) Any person owning real estate may petition the City
Council to amend�the district boundaries so as to affect the
real estate.
(2) Thz City Council or the Planning Commission may. upon
their own motion, initiate a request to amend the text or the
districting map of this Chapter. .
B. Application For Amendment.
All petitions for amendments shall be filed with the City on forms
provided by the City together with such filing fee as may be
established by the City Council.
C. Referral To The Planning Commission.
All petitions for amendments shall be referred to the Planning
Commiss' which shall hold an official public hearing within
sixty (60) days of the date of filing such petition.
c.t�t�wc�E -ra 4a
D. Hearing.
A notice of hearing shall be published in the official newspaper
I', (•:=r>:� at least ten (10) days, but not more than thirty (30) days, prior
_ to the date of the hearing.
10/90 . 205-21
E
F.
zu�.u�.uv
Action' By The Pianning Commission.
(1) If the request is for district change, notices shall be
mailed not less than ten (10) days nor more than thirty (30)
days prior to the hearing to all owners of property within 350
feet of the parcel of land included in the request. Failure
of a property owner to receive notice shall not invalidate any
such proceedings as set forth within this Chapter.
(2) The Planning Commission shall make its recommendation to ���� "j-a (t�)�R,�
the City Council within sixty (60) days of the day of public ��a� ��
hearing or within sixty (60) days of any continuance of such �,�
matter granted at the applicant's written request. �� � w:���'� �
Action By The City Council.
(1) The City Council may not act on an amendment without the ��A�Z�
recommendation of the Planning Commission or untii sixty (60)
days have elapsed after said proposed amendment has been heard
by the.Planning Commission.
(2) All petitions for amendments shall be forwarded to the
City Council from the Planning Commission. The City Council �T�
shall hold an official pub i bearing�and follow the process
for approval of an ordinance as required under the Fridley
City Charter.
(3) If the request is for a district change, notices shall
be mailed not less than ten (10) days nor more than thirty
(30) days prior to the hearing to all owners of property
within 350 feet of the parcel.of land included in the request.
Failure of a property owner td receive notice shall not
invalidate any such proceedings as set foXth within this
Chapter. _ �
4. SPECIAL IISE FERMIT
A. Purpose.
The purpose of this Section is to provide the City of Fridley with
a reasonable degree of discretion in determining the suitability
of certain designated uses upon the general welfare, public health
and safety. In making this determination the City may consider
the nature of the land upon which the use is to be located, the
nature of the adjoining land or buildings� the effect upon traffic
into and from the premises or on any adjoining roads, and all such
other factors as the City shall reasonably deem a requisite of
consideration in determining the effect of such use. For the
purpose of recording, the terms Special Use Permit and Conditional
Use Permit shall be said to mean one and the same pursuant to
M.S.A. Section 462.3595, Subdivision 4.
B. Appiication.
Whenever this Chapter requires a Special Use Permit, an
application in writing must be filed with the City together with
such filing fee as may be established by the City Council and
�'T�
10/90 205-22
\ .
l"'��
205.05.04.
shall be accompanied by a site plan or other documentation as
required by the City.
C. Referral To The Planning Commission.
The application and related file shall be referred to the Planning
Commission for study concerning the effect of the proposed use on
the Comprehensive Plan and on the character and development of the
neighborhood_ The Planning mmission shall hold an official
public hearing within sixty 0) days of the date of filing such
petition. �,�N� .� �
D. Hearing_
A notice of public hearing shall be
newspaper at ]_east ten (10) days but
days prior to the date of the hearing.
E. Action By The Planning Commission.
published in the official
not more than thirty (30)
(1) Notices shall be mailed to all owners of property within
200 feet of the parcel included in the request not less than
ten (10) days nor more than thirty (30) d�ys prior to the
hearing. Failure of a property owner to receive notice shall
not invalidate any such proceedings as set forth within this
Chapter.
(2) The Commission shall make its recommendation to the City ���� '�.�tJ���i
Council within sixty (60) days of the date of hearing of the ��t�� ��
�` � petition to the Planning Commission or within sixty (60) days •,.ri��- �� wt�
of any continuance of such mattei granted at the applicant's
written reqtiest.
�' �
F. Council Action.
(1) Approval: Zn considering applications for Special Use
Permits under this Code, the City Council shall consider the
advice and recommendations of the Planning Commission and the
effect of the proposed use upon the health. safety and general
yrelfare of occupants of surrounding lands, existing and
anticipated traffic conditions and the effect on values of
property in the surrounding area. If it is determined that
the proposed use will not be detrimental to the health. safety
or general welfare of the community, nor will cause serious
traffic congestion nor hazard, nor will seriously depreciate
surrounding property values, and that the same is in harmony
with the general purpose and intent of the Zoning Code, the
City Council may grant such permit and may impose conditions
and safeguards therein by a favorable vote of a majority of
all members of the Council.
(2) Agreement: The City Council may require a written
agreement, deposit of certified check or funds, a bond or
other assurance of faithful observance of conditions, the
violation of which shall invalidate the permit and shall be
considered a violation of this Chapter.
� �cG�'CE W �
(�,p��.tGtt- lS'ta
�l.�iVE �tni�
10/90 205-23
(3) Denial: Special Use Permits may be denied by motion of
the Council and such motion shall constitute that conditions
required for approval do not exist. No application for a
Special Use Permit which has been denied wholly or in part,
shall be resubmitted for a period of six (6) months from the
date of seid order of d2nial, except on new ground or new
evidence or proof of changes of conditions found to be valid
by the Planning Commission.
G. Lapse Of A Special Use Permit By Non-Use.
Whenever within one (1) year after granting a Special Use Permit,
the recipient of the Special Use Permit shall not have commenced
the work as required by the permit, then such permit shall become
null and void unless a petition for an extension of time in which
to complete the work is granted. Such extension shall be
requested in writing and filed with the City at least twenty (20)
days before the expiration of the original Special Use Permit.
The request for extension shall state facts showing a good faith
attempt to complete the work. Such petition shall be presented to
the City Council for final action.
s . vnxzar�cES Jl�o C�N�
A. Appeals Commission.
The City Council created an Appeals Commission to serve as the
board of appeals and adjustment, and to ekercise all the suthority
and perform all functioas of said board pursuant to Minnesota ,
Statute Sections 462.351 to 462.36 4 and operate according to the
Fridley City Code.
` ..
B_ Petition By Owner. �
(1) Appeals from-Decisions on Code Enforcement: At any time
within thirty (30) days, any property owner who feels
aggrieved by an alleged error in any order, requirement,
decision or determination made by an administrative officer
in the enforcement of this Chapter which affects the owner's
property, may appeal to the Appeals Commission by filing a
written appeal with the City. The appeal shall fully state
the order appealed from, the facts of the matter and the
mailing address of the owner.
(2) Request for Vsriances from Zoning Chapter Provisions:
A property owner may appeal the strict application of the
provisions of this Chapter where Lhere are practical
difficulties or particular hardships preventing the strict
application of the regulations of this Chapter. An
application for a variance shall be filed with the City and
shall state the exceptional conditions and the peculiar and
practical difficulties claimed as a basis for a variance.
C. Recommendations By Appeals Commission.
6lithin thirty (30) days after filing an appeal from an
administrative order-or determination, or request for variance
from City Code provisions the Appeals Commission shall hold a
10/90 205-24
public hearing thereon and shall hear such persons as vant to be
heard. Notice of such hearing shall be mailed not less than ten
(10) days before the date of hearing to the person or persons who
file the appeals, and to a11 adjacent property owners within a 200
foot distance of the requested vsriance iocation. Within a
reasonable time, after the hearing, the Appeals Commission shall
make its recommendations or approvals subject to conditions of the
Fridley City Code and forward a copy of such recommendation or
approval to the City Council through the Planning Commission.
D. Variances In R-1 Zoning.
(1) In areas zoned R-1 (One Family Dwelling District), the
Appeals Commission has the authority to grant final approval
of variances when all of Lhe following conditions are met:
(a) There is unanimous agreement of the Appeals
Commission.
(b) The staff concurs with the recommendations of the
Appeals Commission.
(c) The general public attending the meeting or
responding to the notice of public �earing have no
objection.
(d) The petitioner is in agreement with the
recommendation.
(2) When the above conditions are not met, the variance
��� request must be reviewed by the Planning Commission with final
approval by the City Council. �
E. Record Of Action Taken.
The Appeals Commission shall provide for a written record of its
proceedings which shall include the minutes of its meeting, its
findings and the recommendat3on or approval of each matter heard
by it. The finding of fact shall contain the following:
(1) The public policy which is served by requirement.
<2) The practical difficulties or unique circumstance of the
property that cause undue hardship in the strict application
of the requirement.
(3) In recommending or approving a variance, the Commission
and/or Council may impose conditions to ensure compliance and
to protect adjacent properties.
F. Action By The City Council.
The Council shall at its next regular meeting, after receiving the
recommendation of the Appeals Commission� with a policy review by
the Planning Co�ission, decide on the action to be taken.
I ��' �
205.05.05.
10/90 205-25
205.05.06.
G. Lapse Of Variance By Non-use.
If work es permitted by a variance is not commenced within one
year and completed within two years after granting of a variance,
then the variance shall become null and void unless a petition for �
extension of time in which to complete the work has been granted
by the City Council. Such extensiori shall be requested in writing
and filed with the City at least twenty (20) days before the
expiration of the original variance. The request for extension
shall state facts showing a good faith attempt to complete the
work permitted in the variance. Such petition shall be presented
to the appropr'ate body for rev ew and/or decision.
�• ��G11'T101�5 ��t�1K 4sEGTtO�l�
''j� � BIIILDING PERMITS
A. No construction shall commence until a building permit has
been issued indicating that the existing or proposed structure and
the use of the land, comply with this Chapter and all building
codes. -
(1) All applications for building permits which will affect
the outside dimensions of a structure, shall be accompanied
by three (3) copies of a site plan. ,
(2) If the site consists of land not a part of a subdivision
or land composed of partial lots, the site plan shall be
attached to a survey or a registered land survey showing the
actual dimensions.of the lot, lots or parcel to be built upon.
The site plan shall also show dimensions of existing snd or
proposed structures to be erected or structuraliy altered,
their location on the site in relation to the outside
boundary� the required off-street parking plan, proposed and
existing grades, which indicate drainage considerations, and
such other information as may be necessary to provide for the
enforcement of these reguiations.
(3) Site plans submitted for all uses except one and two
family dwellings shall contain lighting and landscape plans,
and all site improvEments are to be bonded at the rate of one
and one-half (2-1/2) times their estimated cost, guaranteed
by cash� letter of .credit or bond to the City based on the
City's discretion. •
(4) The Council may waive the bond requirement, but a
performance agreement would then be required from the land
owner, requiring the work to be done within a reasonable time,
to be fixed in the agreement, and if such improvements are not
completed within the time specified, the City may construct
or complete such improvements and assess the cost against the
owner.
C`
B. No building permit will be issued unless sufficient
construction plans or written description of construction,
grading, excavating and filling as required by the City to assure
reasonable structural safety and adequacy of building and finished
grades for the proposed use have been submitted and approved.
�."
10/90 205-26
�va�cvcsio� t�:��E
a contiguous c3evelopment and conveyance will not result in a�'
violation of C7�apter 205 of the City C,ode, or
B. Was the subject of a written agreement to convey e,�tered
into prior to April 21, 196i, or �
C. Was a separate parcel of not less than two and ,oi�e-half {2
1/2) acres i.n area and 150 feet in width on Janua�.y� 1, 1966, or
D-. Was a separate parcel of not less than f.�ve (5) acres in
area and 300 feet in width on July 1, 1980, ,oi _
E. Is a single paroel of oara��ercial or inc3ustria1 land � of not
less than f ive (5) acres and having a width of not less than 300
feet and its corrveyance cbes not resuit in the division of the
parcel into two (2) or more lots or"paroels, any one of which is
less than five (5) acres in area:or 300 feet in width, or
F. Is a single paroel of residential or agricultural'land of
not less than 20 acres and;3having a width of not less than 500
feet and its o�rrveyance ,dQes not result in the division of the
paroel into two (2) or-�more lots or parvels, ariy one of which is
less than 20 acres �:n area or S00 feet in widt�.
2, �I,n ar�y case in �a rch oompliance with the foregoing restrictions
will create an oessary hardship and failure to comply does not
interfere with e purpose of this Chapter, the City Council may
waive such liance by acbption of a resolution to that effect and
the oorn�ey may then be f iled or recorded. Any a�ner or agent of
�+ the c�ne of land who oonveys a lot or parce3. in violation of the
� provis' ns of this subdivision shall forfeit and pay to the City a
pe of not less than $100 for each lot or parcel so conveyed.
�Zh City may enjoin such conveyance or may reco�ver such penalty,.bY a
v'iI actien in ariy oourt of oanpetent jurisdiction.
211.04. SU'BDIVISIQZS
Hereafter all subdivisions of land as defined herein, made within
'the City of Fridley, shall be subject to and shall oonform to these
regulations and other applica�3e law and shall,conform to the land
use plan, the major thoroughfare plan, the official �p, the Zoning
Q�apter and other City pl�ns, ordinances, chaptezs anc7 regulations.
1. Lot S�lit. -
Zl�.oa.
�{2�' 1 n���:�7
;� yr�:� � `� �v� �, b
`�� �t� �z �
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1- � �,�1 �y,,,�''
��`��" i
SUBDNISIONS
Any existing lot, parcel or tract of land raay be subdivided i.nto bwo
(2) or more garcels by means of a"lot split" when each parcel
within the subdivision can be c3escribed as a_simPle fractionai part
of an existing City- approved: plat, .Auditor!. s..Subdivision, ,or
Registered Land-Survey. A subc�ivision of land which cannot be
c3escribed as a simple fractional part of a larger parcel (i.e.
requires a cornplex description which involves the use of angles and
degrees as found in descriptions commonly known as "metes and � -�
bo�ds") cannot be subdivided by a lot spiit and shall be platted.
Zn addition, all subdivisions which create f've (S) or more lot r �
z s which are 2 1/2 acres or less in size si-, �e lattea. When
'�"�'���: a request for a lot sp it is s � i e to the City on City orms, �' `
- the City shall within twenty-four (24) hours respond to the
211-3
application on a"Certification of Status' form.
A. Appl i ca ti on
Application for a lot split shall be made on forms furnished by
the City and shall include a sketch showing:
(1) scale and north arrow;
(2) dimensions of the property;
(3) narr�es and locations of adjaoent streets;
(4) location of any existing structure; and,
(5) any other information as may be necessary to determine
if the lot split meets the inte�t and requiresr►ents of this
Qiaptez.
B. Review
(1) ZY�e proposed 3ot split shall be informally heard by the
Planning Commission. After considering such things as
adjacerit land use, traffic patterns, zoning regulations,
future development, plans for parks, bikeway-walkways,
street extensions and .other criteria deemed pertinent, the
Planning Commission shall recommend to the City Council
either approval, with or without stipulation, or
,
disapproval.
(2) Aftez review and recommendatiofl
Commission, the application for lot
informally heard by the City Council.
shall apprwe or disapprove the request fa
sixty (60) days.
C. Survey and Resolution
If appraved, the appiicant shall then have the land involvea in
the lot split surv�yec7. Upon receipt of the tequired SurvQyor's
Certificate, the Council shall pass a resolution approving the
lot split. If there are any discrepancies in the boundaries of
the existing land, a oopy of the survey shall be filed with the
Anoka Coimty Surveyor' s off ioe.
by the Planning
split shail -be
The City Co�`cil
r lot split within
D. Certification and Recording
(1) After final . approvai, a certified• copy of the
resolution appraving the lot split and a"Certif icate of
: Status"_.fozm. shail., be..attached to the notioe_ of _apprwal and
forwarc3ed to -the applicant. i4�e lot split, together with a
certified copy of ,the resolution and •Certification of
Status" form, shall thereafter be recorcied aQnong the records
of the Co�mty within one hu�dred eighty (180) days after the
date of the resolution, tmless a longer period of time is
granted and pravic3ed for reoording at the time af appraval.
(2) A lot split not recorded within a period of one hundred
eighty (180) days oz the ap�raved extension tim�e, is deened
to be one that is not approved and such lot split is not
entitled to be recorc3ed; and the same shall not thereafter
be recorded except and unless it is presented to �he
Planning C�rmission and Council and re-ap�xaved.
211.04.
�- -
�µe�D -ta avru�t�E
�c,c�G.�S
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J`t11�Et�� "'� l�� �
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i�` 1
211-4
£. Division of Taxes.
Any lot, parcel, or tract of land that is less than a�hole
paroel of land as charged in the tax lists must receive City
Coimcil appraval before there is a division of taxes.
F. Appraval of Coimcil.
Whenever any lot split is to be made, such subdivision can be
tnade without further platting With approval of the Council if
the Co�,cil shall find that such subdivision facilitates and
does not hinder the transfer and conveyance of the land; does
not hinder the making of assessments and keeping of records
�onnected therewith; that it ci�es not result in the creation of
arty parcel (within or without the subdivision) of a size in area
or frontage which is less than is required for purposes of
construction of a building on such �roel under the zoning laws
and building regulations of the City; and that the subdivision
to be made is not made for the purpose of avoiding such
conditions and restrictions with respect to the land as might be
isnposed upon a plat. (Ref. 207)
2. Plat and Registered I.�nd Survey Prooess.
• ... -
211.04.
�;w� wrt-t�
��
All subdivisions as definec7 in Section 211.02.10 shall be .
platted unless each parcel �ithin the subdivision can be
described as a simple fractional part of an existing City- �Et.E"[�'�
� approved Plat, Auditor's Subdivision, or Registered Land Survey. '
A sirrg�Ye description shall not involve the use of angles and
degrees as fo�md in descriptions commonly known as "�aetes and
bo�mds". All subdivisions which create five (5) or m�re lots or
paroels hich are 2 1/2 acresor less in size shall be platted. OL.�dE' OF
�:' Zl'��raI '� � �-t�'n ot�.
(1) A subdivider shall prepare a preliminary plat of a
subdivision before pzeparing a final plat. The subdivic]er
shall sut�nit the preliminary plat, together with all requirec3
accorng�nying material to the Planning Commission and shall
obtain the tQntative ap�rwal of the Coranission. •
(2) 'IY�e subdivider- shall then prepare a final plat together
with all zequired acoomparYying materials and submit them to
the Council for appraval. �e subdivic3er shall then obtain
agproval of the Council and by any other agencies and
officials whose approval is required by law and shall be
duly recorded.
(3) No conveyance. of any lot or parcel of land in a
subdivision shall be lawfuluntil final approval and
recording have occurred. In addition, no permit to erect,
alter or repair any building shall be issued until such
appraval and recording. (Ref. 75}.
C. Steps
(1) Preliminary Plat Requirenents
A preliminary plat shall be clearly and legibly drawn on a
211-5
high quality reproduceable and all copies thereof shall be
clear and le9ible. It sh all be of such scale as to show
clearly all details thereof. A preliminary plat toget3:�r
with such ac�nying doc�nents shall show the follaai.n9;
� (a) Zhe botmdary lines ana dimensions of the land to
��`"4 be subdivided arid the locations of section oorners and
�� /
\r,�,,r of existing snbdivisions, streets (and street widths) -
F'� f - and unsubdivided paroels (and ownerships) adjoining the \
t��� pzoposed subdivision, betwee� it and nearest existing
�� street or for such distance beyond as may be required.
(b) The proposed general layout,
proposed streets, alleys, crosswalks
street widths and proposed names
dirr�nsions of blocks and lots, tentati
numbering and approximate radii of all
including all
through blocks,
, approximate
�e lot and block
curves.
(c) The existing and proposed easements and
right af-ways for drainage, sewerage, utilities,
ra.ilroad lines, streets. alleys, bikeways, walkways,
and arYy other areas proposed to be dedicatea fot p�lic
purposes and of any reservations and'their purposes.
(d) Zl�e oorrect location and designation of all wet
lands ana water channels, �aater areas, draina9e oourses,
and ditches, and indication of all areas which, before
drainage improvement, are subject to inundation or
storm water overflow, with propo�ed dra�inage
improvenent of such areas and of swamps, drainage
oourses and ditches. � • .
(e) A statement giving the intended excavating,
grading and filling of Iand within the proposed
�ubdivision and the� i�tendec3 renwal or destruction of
existing trees and otber natural ground caver,
sufficient to iaeet the requirements of the City in
determining whether a lanc3 alteration permit could be
issued in acoordanoe with the City Coc�e.
(f) Ariy required data and materials not practically
shown on the preliminary plat shall be submittea on
separate sheets, to acoa�arty the plat.
(2) APPlicatio�
{a� The subdivider shall submit a tracing and three
(3) dark line prints of the preliminary plat and three
(3) copies of doc�m�ents accompanying the plat to the�
City. The City shall determine whether or not tbe
sutrnittec3 materials are satisfactory as a preliminary
plat.
(b) When land to be subdivided abuts a state trunk
highway, one (1) additional copy sha11 be required and
shall be sutxnitted to the State Highway Commissioner
with the request that such Commissioner's
recommendations, if any, should be received within
fourteen {14) days aftez the date submitted, for
211.04.
', 1
�
� ��
(� � j
211-6
.�
(3)
considerati on by the Planning Conunission acting on the
plat.
Action on Prel uninary Plat by Planning Commission
(a) TYie Planning Caranission will meet to oonsider the
plat and proposed im�rovements by the subdivider and
the time and method of installation of improvements.
(Ref. 75)
(b) Not less than ten {10) days before the date of a
meeting of the Planning Ca�unission, for consideration
of a preliminary plat, the City shall cb the following:
((1)) Notify by United States mail the subdivider
and the property owners of the property within
three hundred (300) feet adjoining the land within
the plat of the time and plaoe of such hearing.
((2) ) Publi sh notice of such hearing in the
official City newspaper.
(c) At such meeeting, all persons intezested shall be
given an opport�ity to make present�tions.
(4) Preliminary Review
(a) The Planning Cammission shall take action on a
subdivision application within 120 days f ollowing
delivery of an application oarnpleted in oomplianoe with
the requireaents set forth in this Chapter, unless an
extention of the review period has been agreec3 to by
the applicant. Action by the Planning Cormnissio� shal.l
be tentative approval, disapproval or conditional
approval=of the preliminary plat, the last being
tentative approval conditioned upon certain
modifications as specified. After the Planning
Ca�anission's review o£ the preliminary plat, it shall
be reoo�nded to the Council for final action.
(b) If the Planning Ca�anission fails to pre3iminariTy
apprave or disapprave an application within 120 days
after it has been submitted, unless an extension of
t�me is arranged with the consent of the subdivider,
the application shall be de� preliminarily approved
and upon d�nd the City shall execute a certificate to
that effect. In this event, the City shall advise the
subdivider of any and all recommeni3ations as are
reasonable and aze consistent with these regulations or
with an applicable plan in cmnpleting the survey of the
subdivision and making the final plat thereof. (Ref.
75)
(S) Final Plat Application
Follawing preliminary
Planning Commission,
appraval by the City.
(a) R�uirenents
review of the application
the applicant may request
by the
f inal
211.04.
1t�C�t�''�6u�-
N�74,�t��
+p�J� 6Y '�G-
'��'-tr�k�t.�� E
l��dVi�'1�
211-7
�e final plat shall conform to the preliminary plat as
tentatively approved or conditional3y approved,
including any required modifications and to the
requiran�ts herein and any ac3ditional requir�nents of
law. When there is more than one sheet, an index sheet
shall be attached showing the entire subdivision,
inclucling bo�dary and streets, at an appropriate scale
and indicating the separate sheets of the f inal plat
and the sheet nu�nber of each.
(b) Submitting Fi.nal Plat
7he subdivic3er shall within six (6) months after the
date of the Planning Commission's review of the
preliminary plat, sutnit the final plat together with
all required acoompartying documents to the City. If
not filed within the designated six-month period,
unless this period is extended by Council, the action
of Planning Ca�rnission on the preliminary plat shall
become null and void.
If required improvements are not i�astalied prior to
filing, a cash deposit, oertifiec� check or surety bond
insuring later installation or a petition to have the
City install same and assess cost against the
subdiviser shall acooKnpany the final plat. .
�c) Aearing on Final Plat
Zt�e f inal plat will be acted upon by the Councii af ter
holding a public hearing t�ereon, with poblished notioe
in the official City Newspaper at least ten (10j days
in advance indicating the time and place thereof. At
such hearirig all persons interested may appear and be
heard. (Ref. 75)
(d) Action on Final Plat
�e Camci.l shall approve or disapprave the f inal plat
within sixty (60) days after reoeiving the final plat.
Before the Gouncil approves the f inal plat, the plat
shali oamply with all conditions and requirements of
this t�apter and all canditions and requirements upon
which preliminary approval is expressly conditioned
either through perf ormance or the execution of
appropriate agreenents assuring performance.
If a plat is disap�xaved by the City, no appTication
for the c�enied subdivision of land may be submitted for
a period of three (3j months follawing the denial.
(e) Failure to Finally Apprave or Disap�rave
211.04.
�
��,ET�
��� ? � �
�.
If the Co�mcil fails to oertify final approval within
sixty (60) days after the application for final plat
has been submitted, and if the applicant has complied
with all conditions and requirer�ents of this Chapter,
the application shall be deened f inally appt�oved, and
upon c3�nand the City shall execute a certificate to : t;:>
�.r!',.
� ��
211-8
HOLSTAD AND LARSON, P.L.C.
WAYNE B. HOLSTAD
RussEL� LC. LnRSON
KAREN HILI. FJELD"f'
JOHN L. LINDELL
LARRY S. MOUNTAIN
't REAL PROPERTY LAW SPECIALIST
June 5, 1996
Ms. Barb Dacy
Director of Planning and
Community Development
City of Fridley
Municipal Center
6431 University Avenue N.E.
Fridley, MN 55432
ATTORNEYS AT LAW
3rJ3rJ VADNAIS CENTER DRIVE
Surr� 130
SAINT PAUL, MN 551 1 O
TELEPHON6 612/490-9078
FACS�rn��E 612/490-1 580
� RE: City of �ridley Charter Vacation Provisions
OF COUNSEL:
FREDERIC W. KNAAK�
�ALSO LICHNSEO IN
WISCONSIN AND COLORADO
BY FACSIMILE AT 571-1287
AND U.S. MAIL
..., _ . > ;, ..
.:
Dear Barb: ' .
.. .. .
As 1 indicated to you in a couple of our earlier � discussions, I have been �examining the
provisions of Section 12.07�of Fridley's" Charter as they relate to the City's practice of requiring .
the formal passage of an ordinance for each vacation of a streef or other type of easement that
occurs in the City. The topic first came up for me during a recent discussion by the Council
concerning the vacation of a conservation easement.
It's undisputed that passage of an ordinance has been the practice of the City in` the past when .
vacations were requested and granted. This practice is clearly rooted in a reading of the first
sentence of Section 12:07 which does in fact state� that:
, , ,
The Council shall have the exclusive power, bv ordinance passed by a vote of at
least four (4) members of the Council, to vacate or discontinue highways, streets,
easements and alleys within the City...(Emphasis added)
By itself, there would seem to be little question about the meaning of the provision. It's what
follows that has raised in my mind a question of whether simple compliance with the other
ordinance passage provisions of the Charter is either required or the intended meaning of the
full Charter provision. Moreover, it's important to note that while this provision grants the
Council exclusive +power to vacate by ordinance, the language does not expressly limit the
Council or the City to this method. -
9
Ms. Barb Dacy
June 5, 1996
Page Two
Section 12.07 goes on to require "notice to and hearing of affected property owners° before any
vacation can occur, which suggests a separate requirement from the generally more extensive
notice and hearing requirements under the City's ordinance procedures. More interesting, as I
have noted, is the provision allowing for "such procedure as the Council may by ordinance
prescribe.°
This latter language is sufficiently broad ir, scope, in my judgme�t, for the Council to estabiish,
by general ordinance, something of an alternative procedure to the standard ordinance review
and passage. This authority is neither a moot nor academic point, since it is also my current
view, pending additional research, that the City's practice concerning vacations of this sort, as
well as any Charter provision requiring that it. be done by ordinance, may themsetves be in
conflict with the requirements of State law.
Minnesota Statutes Section 412.851 is instructive on this � point. � That provision- which, when
- passed, was applicable �to all cities, although it is now codified 'in� the sec+,ion of. siatutes
- pertaining to statutory, as opposed to horne'rule charter, cities, provides, in pertinent part: ;_
- VACATION OF STREETS.
The council may by resolution vacate any street; alley, public grounds, public way, or
any part thereof, on its own motion or on petition of a majority of the owners of land
abutting on the street, alley, public grounds, public way, or part thereof to be vacated.
Where there has been no petition, the resolution may be adopted only by a•vote of
four-fifths� of all members of the council. No such vacation shall be made unless i#
appears in the interest of the public to do so�after a hearing preceded by two weeks'
published notice. The council shall cause written notice of the hearing io be mailed to
each property owner affected by the proposed vacation at least ten days before the
hearing....
After a resolution of vacation is adopted, the clerk shall prepare a noiice of
completion of the proceedings which shall contain the name of the city, an identification
of the vacation, a statement of the time of completion thereof and a description of the
real estate and lands affected thereby. The notice shall be presented to the county
auditor who shall enter the same in the transfer records and note upon the instrument,
over official signature, the words "entered in the transfer record." The notice shall then
be filed with �he county recorder. Any failure to file the notice shall not invalidate any
such vacation proceedings. (Emphasis added).
Ms. Barb Dacy
June 5, 1996
Page Three
The fairly detailed provisions for vacations outlined in the statute plainly contemplate the use of
resolutions as the means of vacating streets and other easements, and provide for the
procedures by which county officials are to deal with the enacted resolutions in order to effect
the necessary recorded notice. There is no other general procedure offered in the statute to
cities to deal with all kinds of vacations.
One other provision, Minnesota Statutes Section 440.135, deals specifically with vacations of
streets in Home Rule Charter Cities of the Third Class. While its current applicability to Fridley
is arguable (Fridley is now, technically, a City of the Second Class under the old classification
� system, but was, as I understand it, a. City of the Third Class when the Charter provision �
� involved here was enacted), it nevertheless provides additional guidance and, perhaps,
authority on vacatians of streets in home rule charter cities. In pertinent part, it provides:
VACATING STREETS, HOME RULE CHART'ER CITY OF THE THIRD CLASS
Subd. 2. Council may vacate; conditions. In addition to any other method provided
by law, the council ofi such city, upon the presentation and filing of a verified petition
signed by or on behalf of any owner, natural or corporate, of any real estate abutting
thereon, may vacate any street or segment of street or any portion of the width thereof
within its geographical limits, provided only that the street, segment, or:po�tion thereof
so vacated pursuant to such petition shall not be longer than the distance int�rvening
between any two adjacent intersecting s#reets.....
Subd. 3. Certifisd copy of resolution to be filed. Such action of such council may be
taken at any regular or special meeting duly called for such purpose and sh I�I be �
resolution, and a copy of the resol�ution duly certified by the city clerk shall be
recorded in the office of the county recorder in the county where such city is located
before the action shall be effective.
�
This provision, although it only applies to streets in cities of the first class, is equally clear in its
statement of what;would have to be considered the standard statutory requirement for these
actions: action by resolution, effective when filed with the county.
Ms. Barb Dacy
June 5, 1996
Page Four
It is my opinion that these statutory provisions represent at least a possible conflict of authority
with the requirement of the Fridley City Charter that such actions be undertaken by ordinance
and ordinance-related procedures. Where such conflicts be#ween a city charter and a general
statutory provision occur, the general rule is that the terms the Minnesota statutory provision
would apply. In this instance,� it would mean that the provisions requiring passage of a
resolution to effect a vacation, together with the state-mandated procedural requirements
(notice, hearirig ard filing) for #hat action would supersede those of the Charter.
A usual professional caveat is in order here: to date, no express authority has arisen that we
have found interpreting these kinds of conflicts under Minnesota law in a manner either
consistent or inconsistent with this opinion. My analysis, under general rules nf statutory
interpretation, garners no: assurance that a court would determine in the same manner. �
Similarly, further review of this might give rise to a decision by the City to seek an opinion of the
attorney general in this matter, �although, if the City. requests the opinion of ine by resolution; it
may rely on it �in good faith in the event of subsequent conflict concerning actions taken ;n
� reliance on the opinion: �
Nevertheless, 1 believe the City has two reasonable alternatives available to it to address the
concerns I have raised. _ First, the City can actively explore its options under the "procedure"
� language of the Charter to provide for an alternative to the ordinance requirement. Second,
and the better option, would be for the City to resolve the conflict by clarifying its Charter
language, deleting the word "ordinance" in Section 12.07 and substituting the word "resolution."
That simple`.amendment would eliminate the conflict and obviate the need #or imaginative '.
interpretation of the current language to avoid the conflict.
I hope this letter clarifies for you the basis for my concerns and for my opinion as to the need to
establish modest changes in the procedures currently in effect in the City for easement
vacations. Please do not hesitate to contact me' at your convenience if I can be of any
': additional assistance to you in this matter.
SincerEly,
Frederic W. Knaak
Fridley City Attorney
cc: W. Burns
. r -
C�+a�-r�_
12.09
Section 12.06. SALES OF REAL PROPERTY.
No real property of the City shall be sold or disposed of except
by ordinance. The proceeds of any such sale shall be used as far
as possible to retire any outstanding indebtedness incurred by the
City in the purchase, construction, or improvement of this or other
property used for the same public purpose; but if there be no such
outstanding indebtedness, then the Council may by a resolution
adopted by an affirmative vote of at least four (4) members of the
Council designate some other public use for such proceeds.
Section 12.07. VACATION OF STREETS.
The Council shall have the exclusive power, by ordinance passed by
a vote of at least four (4j members-of the Council, to vacate or
discontinue highways, streets,-easements, and alleys within the
City. Such vacations may be made only after notice and hearing of .' —
affected property owners, and upon such,further terms and by such ����
procedure as the Council may by ordinanae prescribe. A record.of $Y
each such vacation shall be filed in the office of the Anoka County
Recorder. {Ref. Ord. 592) D��Kf�d�(�E
Section 12.08. DAMAGE SUITS.
l. No action shall be maintained against the City on account of
'��� . any�injuries or damages to persons or property, uniess such
action shall be commenced within one (1j year from the .
occurrence�of�such injury or damage, nar.unless.notice shall
have bee
n given in writing as required by Minnesota S-tatutes.
Ref
( . Ord. 873)
-
2. -No action shall be maintained against the City cn account of
injuries or damages to persons or property resulting from or
caused by any accumulation or deposit of ice or snow,on any
public street, sidewalk, building, or place.
Section 12.09. RECOVERY OF JUDGEMENT FOR DAMAGES.
If any judgement shall be recovered in any action against the City
for any injury or damage caused by any obstruction, excavation,
opening or defect in any street or alley or public ground caused
or occasioned by the act or omission of any person or corporation,
the City shall have the right to recover the amount of any such
judgement from the person or corporation so responsible for such
obstruction, excavation, opening or defect; and such person or
corporation is hereby declared to be liable to the City in the
amount of such damages, provided, however, the City shall give such
person or corporation notice of any claim for such injury or damage
and of any action to recover for the same and shall give such
10/05/89
City of Fridley
� I I�; � I��� I'� �� \ II> t�.� I
TO: William W. Burns, City Manager ��
�
FROM: John G. Flor�ublic Works Director
DATE: August 13, 1996
SUBJECT: I&I Study
PW96-171
The City was unsuccessful in obtaining a Metropolitan Council Environmental Services
(MCES) grant to do an infiltration and in-flow (I&I) study of our sanitary sewer system. The
next scheduled MCES grant application program is 1998. The MCES could possibly obtain
some funds for a grant program in 1997, but this is uncertain.
As you are well aware, there has been a continual discrepancy in data between the amount
of sewage flow and water pumped. Accordingly, there is the implication that the City of
Fridley is contributing, through groundwater infiltration excess flows to the sanitary sewer
system resulting in additional City cost. The last I&I study was completed in 1982. Even
though the system was identified to be tight at that time and we have initiated a number
of sanitary sewer improvements with Insituform, televising and other minor repair work,
as well as removal of sump pumps from the sanitary sewer system, there is a possibility
that there are some areas where the system may be flawed, unidentified flows may be
excessive, the interceptors may have leaks or the MCES meters may be in error.
Accordingly, it might be appropriate to review our sanitary sewer system as well as the
Metropolitan Council's interceptors that run through the City and the meters at Mounds
View, Coon Rapids, Columbia Heights, Brooklyn Park and the City limits to ensure their
accuracy in recording of flows into and out of the City of Fridley.
If the Council desires, we can prepare a request for proposal (RFP) to conduct an analysis
of our sanitary sewer system as well as the MCES interceptors. I estimate the cost of this
study to be $75,000.
Request guidance as to how the C�uncil desires staff to proceed and support of an I&I
study for the City of Fridley.
JGF:cz
"OS/1�/96 16:56 FAX 612 49� 2150 SEH ST. PAUL �j002/006
.�
� 3.535 VADNAIS CENTER DAlVE. ZOU SEH CEMER, ST. PAUL, M1v 55110 612 490-"OQa 800 3.25-2055
� AfaCHITFC7URE • ENGWEEAIlV6 • EN�lRONMENTAL • Tr?ANSFOATATION
August 13, 1996
Mr. John Flora, P.E.
D'rrector of Public Works
City of Fridley
6431 University Avenue NE
Fridley, Minnesota 55432-4383
Dear Mr. Flora:
RE: Fridiey, Minnesota
Infiltration/Inflow Analysis Study
SEH No. P-FRIDi9701.00 �
Per your request, I have prepared rough cost estimates for an Infiltration/Inflow Analysis Study for the City of
Fzidley. The esticnates w�re preparcd on basis of an Infiltration/lnflow (�/�) analysis (i.e, isolating potential "bad areas
of tovm requiring further analysis)and no�t a Scwer System Evaluation Survey (SSES) (i_e. detailed identification of
indiv�dua( sources and locations). �
1 took the tiberty to divide the study into three ph�es. You may elect not to perform certain ph�ses if it is outside
the scope of your needs, These three phases include:
Phase � Evaluation of City trunk line (bssically paralleling University Avenue) for infilh-ation. This phase
would also serve as a check of MSB meters #108 and #i 09_
Tnank line evaluation w►ould be accomplished by use of fluocometric dye calibration techniques. We
have experienced good success with this technique, where long reaches of�sewer neecj� to be measured _
simuttaneously.
Phase 2 Subdivide City into IS subdistricts measuring infiltration and inflow and attempting to identify bad
areas and related I/I volumes.
Phase 3 Evaluation of MCES interceptors for infiltration. Check against accuracy of MCES meters.
Cost Estimates
Cost estimates were prepared based on the following assumpuons:
� City of Fzidley will locate, provide access to and access equipment to manholes and lift starions as needed.
� City of Fridley will provide up to 10 crew members for two nighttime fluorome�ic calibrations. �
� City of Fridtey will provide one person to colle;ctJdump meter data on a weekly basis.
SHORTELUOTT
HENDAICKSON JNC. MINNE4POLIS, MN ST. CLODU. MN CNlPPEWA FALLS, Wj MADISON, WI (AKE COUNTY, IN
EQUAL OPPORTUNfTY EMPLOYER
- ,`OS/13/96 16:56 FA% 612 490 2150
Mr. John Flora. P.E.
August 13, 1996
Page 2
SEH ST. PAUL
� 003/006
� Flow monitoring was based on assumption of monitoring the 15 iocations simultaneously for a one-month period.
(Fatl or Spring)
� City of Fridtey will make available all records and pertinent informarion inctuding archival records, maintenance
logs, water consumption data per metering district, diurnal water use pattems, and lift station pumping records_
Equipment
Our cost estimates ceflect utilizing the following equipment:
Apnliaation
�low Monitorin�
Rainfall Monitoring
Lift Station flow P�Ionitoring
ui men
ISCO 5150 Series
Flow LoggerTM
(Area/velocity probe)
ISCO Mode1674
�.ogging Rain Gauge
Esterline/Angus
Four Track Event Recorder
Nu er
9— One pec meeting location
1
6— One per tift station
Weekly Flow Meter i�ata Inte�rogator Compaq 48b Lap Top Computer 1
Data Reduction and Report �phics �SCO "Flowliok" softvvare 1
ISCO Samplers for Fluorometric Calibrarion ISCO Sannpler w/24 hour storage 7- One per trunk lime
metering point
Cast Estimates •
We have prepared the following cost estimates based on assumptions and equipment identifiad above.
Phase I— Trunk Liae Ynfiltration Cal�bration
A. Fluorometrics (City Trunk Line)
1. Data Reduction and Reporting
2. Labor�
3. Supplies (dye, tra�c control)
4. Equipment (samplers)
' Cnnsultant provides 4 men, City 10 men for 2 nighu
�
95
50
LS
7
ate
�100/hour
$60/iiow
$400
$715
Subtotal
C�
59,500
53,000
$400
�.�
$17,900
0
0
08%13/96 16:57 FA$ 612 490 2150 SEH ST. PAtiL � 004/00$
Mr_ lohn Flora, P.E.
August 13, 1996
Page 3
�hase �I — In System Meteriag
A_ Equipmecrt Rental
1. Lift S�tion Pump Event Recorders
2. Flow Meters
3. Flow Link Programming
4. Lap Top Computer
5. Coatinuously Recording Rain Gauge
B. Equipment Installation/Query/Removal
Flow Meters�
Lift Station Event Recorders3
2 Assumes Ciry crews collecc data weekly.
' Can be eliminated if City has SCADA Teleme�ry.
C. Lift Station Calibration
Assumes dupl�x constant speed pumps
1?, Grroundwater Probe Installation (if needed)
`Assumes Ciry crews rcad during data pickup.
E. Data Reduction/Report
Projact Manager (44 hours)
Project Tech. (66 hours)
Phase � — MCES Interceptor Catibra6on
A. Fluorometrics (9locations - 2 set-ups)
1. Data Reduction and Reporting
2. Labor
3. Supplies (dye, traffic contrvl)
4_ Equipment (samplers)
S2�Y
6
9
1
1
1
ti n
30 days
1 month
1 month
1 month
2 mos.
Qt1'
9
6
��
C�
ate
$10/day
$1,100/mo '
$200
$1,000/mo
$60/week
Subtotal
Rate
SSOO/loc
$500/loc
�
$1,800
$9,900
$200
$1,000
$2�4
513,860
ost
$4,500
$3,000
Rate Cost
�200/loc $1,200
$1,400/ea $8,400s
Qty Rate
44 hrs $78/hour
118 hrs $5?./hour
Sabtotal�
'Total Pbases 1 and I� (City System)
�
105
66
LS
7
ate
$100/hour
$60/hour
$700
5715
Subtotat
�
$3,500
52.000
. 522,600
�1,360
C�
$10,500
$4,Oa0
$700
$5,000
S�O,Z00 •
- ,- QS/13/96 I6:57 FA% 612 490 2150
�
Mr. John Flora, P.E.
August 13, 1996
Page 4
SEH ST. PAUL
�J005/006
Cost may vary depending on actual project scope and City involvement.
Please review the scope to make sure you agree_ I hope I have not misinterpreted yow request as a field siudy when
you actually wanted a desk top study using MCES and City records. If � have, the scope and cost would change
substantially. These cost estimates are conservative, but reflect recent efforts in Marshall and Dulufh.
I wou(d be happy to discuss this project in further detail at your convenience. Please contact me with any questions
or concerns. •
Sincerely,
Short Elliott Hendrickson Inc_
��%�� . .
Michael R. Kraemer, _ .
Manager, Civil Department
smm
Attachment
F.MtAAKE'[�ChClvtVaISUBMILSU 9961iR1OL�ot.wPD
0
�
0
08/13/96 16:57 FAX 612 490 2150 SEH ST. PAUL
Attachment A
Monitoring Locations
Phase I— City �'runk Line (Fiuorometric Calibration)
1. Monitor 7locations.
2. Would verify MSB dischazge at 45th Avenue Meter # 108_
3. Would verify MSB meter #109.
4_ CaJibration Locations
• TH 45 and Rice Creek Terracc
• TH 45 and Star Lane
• TH 45 and 57th Avenue
• Rai.lroad yards and 45th A�enue (2locations)
• Railroad yards and 43rd Avenue (meter station)
• MSB Meter # l 09
Phase �I — in System Metering
Oc�n Gh nel Meteri.ng P_ oLts (91
1. 73rd and Jackson Street (15")
2. TH 43 and 69th (18")
3. Service Drive and Rice Creek Boulevard (12")
4. 'TH 47 and Rice Creek Terrace (10")
S. TH 65 and 6Sth (12"}
6. 61 st Avenue and 4th Street (15")
7. 57th Place and TH 47 (10")
8. TH 65 and West Moore Lake Drive (10")
9. 45th Avenue and Railroad 'Yards
1 ift Si�tion Mo�torin� Points (bl
1. 79th Way and Anex Lane
2. Central Avenue Lift Station
3. Sylvan H'ills Lift Station
4. RR Li$ Station
5. 53rd Way Lift Station
6. Embers Lift Station
phase LII —1V�CE5 Interceptor Seweis (Fluoromettic Calibration)
1. North South 96" Interceptor — monitar 7locations (set-up No. 1)
• Would verify Spring Lake Park Connector
2. East West 60" Ynterceptor — monitor 2locations {set up No. 2)
- Would verify Mounds View Connection
m
(� 006/006
Eng�neanng
Sewer
Wa�er
P8rk5
Streets
Maintenance
City of Pridley
�_J
TO: William W. Burns, City Manager ��� PW96-161
FROM: John G. F1ora,�Public Works Director
DATE: July 31, 1996
SUBJECT: City Streets
In regard to the State Aid street system and the City street reconstruction policies, I hav�
prepared three memotandums.
The first attached memorandum addresses the redesignation of State Aid streets.
The second n�norandum identifies a four phase street reconstruction schedule for non-
State Aid streets.
The third memorandum presents a plan which establishes the policy for street
reconstruiction, maintenance and repair. .
Recommend the City Council considez these three items and provide input as to their
acceptance or what they would propose staff to develop.
JGF:cz
Attachments
� � ' Y
City of Pridley
TO: William W. Burns, City Manager��1� PW9fi-145
�
FROM: John G. Flora, Public Works Director
DATE: July 22, 1996
SUBJECT: MSAS Streets
Back in March 1996, I submitted a memorandum that addressed the elimination of Alden
Way and Riverview Terrace routes from our MSAS system and looked at 10 different
options for adding st�eets ta our MSAS system
Since that tims, it has been.decided to keep-Alden Way on our MSAS system and to.
remove the Riverview Terrace segment faom that designation By doing this, we have
1.01 i miles of street available to add to aur MSAS system. In addressing the designation
of streets, it was suggested that staff look at those streets which are up to standards and
can be rapidly added to our State Aid system In doing this, it would appear that our
previous option 8, plus the addition of the East River Road service drive in the £ast River
Road business district, at 0.946 miles,� would maximize the mileage and allow for MS�S
designation support. '
If the Councii desires to remove the Riverview Terrace loop from our State Aid designation
system, I recommend that we consider adding the East River Road service drive, Industrial
Boulevard/53rd loop, to our system to maximize the available mileage. This would leave
0.065 miles of streets that are not State Aid designated within the City of Fridley.
JGF:cz
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City of Fridley
TO: William W. Burns, City Manager ��
e �
FROM: John G. Flora, Public Works Director
DATE: July 31, 1996 .
SUBJECT: City Street Reconstruction Program
PW96-159
Based upon the plan to reconstruct City streets utilizing the State Aid "funding program and
focusing on those streets which.have scored the least numbers indicating the poorest condition
on our street inventory system #or the last few years and a#tempting to stay within a$500,000
annual budget, we have identified four gxoupings of streets that can be considered in our street
reconstruction pragram. These streets do not have concrete curb and gutter and, therefore, would
be upgraded with concrete cur� and the appropriat� frontage properties would be assessed based
upon the annuai street cu:b and gutter cost.
I have suggested for the first phase:
Cheri Circle
Jackson Street
Able Street
67th Avenue
Oakley Street
�1ble Street
Phase two:
Squire Drive
Onondago Street
75th Avenue
West Bavarian Pass
Phase three:
University Ave E Service Drive
64th Avenue
57� Avenue
6th Street
66th Avenue
C3�eri Lane to the cul-de-sac
Cheri Lane to �8th Avenue
i�iississippi Street to 66th Avenue
Brookview West
68th ta Rice Creek Terrace
Overtown Drive to Rice Creek Terrace
Camelot Lane to Mississippi
Central Avenue to Lakeside
Bacon Drive to Lakeside Rd
North Innsbruck to Arthur
61 st to Mississippi Street
Jackson Street to Van Buren
Uruversity E Service Dr to 6th Street
61 st to 63rd
University E Service Dr to cul-de-sac
0
July 31, 1996
Page 2
Phase four:
66� Way Rice Creek to Ashton Avenue
Rice Creek VVay East River Rd to Ashton Avenue
Hickory Circle Hickory Drive to cul-de-sac
66th Way Ashton Avenue to Hickory Dr
Chase Island Anna Street West
Plaza Curve 67th Avenue to University W Service Rd
Anna Street 59�a Way to Chase Island
Chesney Way East Service Rd west
The attached street map attempts to identify those streets in a 4-year cycle.
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City of Fridley
TO: William W. Burns, City Manager ,�(j� PW96-160
�� i�,
FROM: John G. Flora,'Public Works Director
DATE: July 31, 1996
SUBJECT: Comprehensive Street Plan
In response to the Council's interest in establishing a street reconstruction program for a
period of years, I believe it is essential that we agree on a policy statement as to what we
will be doing and how we will do it.
Attached is a eomprehensive street plan that I have prepared whrch outlines the
reconstruction and maintenance policies of the City. It addresses the reconstruction based
upon the concrete curb and gutter assessment as well as #uture reconstruction In
addition, it incorporates the street inventory� and condition data that �ve have been
compiling for a number of years as the basis for street reconstruction selection
Recommend the City Council consider adopting this policy so that we have a system that
we all understand �.nd can support.
JcF:cz
Attachment
COMPREHENSIVE STREET PLAN
The Comprehensive Street Plan is based on the proper maintenance and repair work
and replacement of City street, alley and sidewalk assets. While maintenance of these
assets is the most desirable action, there are occasions in which replacement may be
the most economical action. Accordingly, the plan provides a network for analyzing
the City assets and defining a method for establishing the condition of each. This
data is then utilized in determining which course of action is economically bene�cial.
The plan also provides the rationale necessary to determine the method of funding the
costs for these actions.
1'his plan consists of two parts: Policies�and Inventory. The first part is an "on going"
plan which outlines the policies for replacement, repair and maintenance of streets,
alleys and sidewalks. It establishes the rationale on when and what work should be
accomplished and how each should be funded. The second part identifies the street,
alley and sidewalk inventory of the City. It also provides historical construction and
background information as well as the current condition of each segment.
This Comprehensive Street Plan establishes the system of identi�cation of street
maintenance needs as well as procedures for accomplishing these rieeds at the lowest
possible cost. It is recommended that the plan be officially adopted by the City
Council of the City of Fridley. .
-1-
'� __ I
COMPREHENSIVE STREET PLAN
POLICIES
GENERAL
The criteria to determine what type of work should be accomplished on a particular
segment of street, alley or sidewalk and when it should be accomplished, is the basis
of these policies.
The development of policies for determining what type of improvement a street, alley
or sidewalk should receive requires an understanding of the various remedial
measures available. If a street surfacing is cracked and open as a result of material
aging, a sealcoat may be all that is necessary. If the cracl�ng is a result of inadequate
strength, an overlay may be required. If the street is severely broken up as a result
of inadequate strength and poor drainage, complete reconstruction may be the only
practical solution. The basic philosophy behind the development of the policies in this
comprehensive street plan is:
"Once the City has accepted a street as a public City street, it assumes the
responsibility to maintain and perpetuate the service to the public which that street
provides. The original cost of the street may have been paid for by the developer of
the adjacent property or by special assessment against the abutting lots. However,
once the City has accepted the street, it becomes a public liability as well as a public
facility." -
To state the basic philosophy in economic terms, the City pays a portion of street
reconstruction, bituminous overlays, concrete curb replacement, etc., as opposed to
assessing the full cost. This applies, however, only on facilities which meet City
standards. In other words, the City should not pay for concrete curbing on a street
that never had curbing in the first place. Throughout this comprehensive plan, the
majority of street maintenance, repairs and reconstruction costs are paid by the City;
however, special assessments are recommended because of the nature of and the
advantages of special assessment bonds over general obligations bonds.
STREET RECONSTRUCTION
For non-permanent streets (streets which are not constructed to standard width, or
load limit and do not have concrete curb and gutter), the City will normally pay for
the bituminous surfacing, grading, base and storm sewer costs. This provides
necessary incentive for reconstruction and is fair, as these streets are not permitted
A:\policy\c-atreet.pin - G -
COMPREHENSIVE STREET PLAN
to be overlayed. The property owners will pay for the concrete curbing and gutter at
a rate determined by the City Council. (In 1992 that �gure was $8.00 per front foot).
On the other hand, on reconstruction of permanent streets, the City will pay at least
75% of the total costs. The difference here is that -the property owner on the
permanent street has paid for proper base, curbing and storm sewer at one time. This
method is based on the concept that a facility once paid for should be perpetuated by
the City. By assessing up to 25% of the cost, the City should not have a problem
meeting the benefits test and still maintain the advantage of special assessment
bonding for the project. _
Associated with street maintenance, repair and reconstruction, are the ancillary
utilities systems. In any major work programmed, the following must be incorporated.
irst, any public or private underground utility repairs or replacements should be
made. Storm and sanitary sewers should be televised to find any problem areas. The
gas company may wish to replace the gas mains and should be notified early on. Old
galvanized steel water services should be replaced with copper, etc. Secondlv, storm
sewers should be installed or expanded as necessary. Thirdlv, portions of the old
surfacing should be used or recycled to curtail costs.
The streets should be constructed with a plant mixed bituminous szzrface and barrier
type concrete curb and gutter. The surface width and design strength should be based
on the functional classif'ication of the street and traffic volumes. The standard for
local residential streets will normally be 30 feet wide (50 foot diameter cul-de-sac) and
designed for 9-ton a�e loadings. Collector streets should generally be constructed 32
to 52 feet wide, depending upon parking needs, and designed for 9-ton axle loading.
Deep strength bituminous base should be considered where economically feasible.
Street reconstruction projects should be routinely scheduled tfirough the Five Year
Capital Improvement Plan.
Special assessments for street improvements are normally payable over a 10-year
period and computed on the front foot assessment method. The front foot for pie
shaped lots will be established at the building setback line. Side yards will not be
assessed.
Street Reconstruction Policies:
l. Public streets shall be reconstructed when any of the following conditions exist:
A:\policy�c•street.pin � J -
COMPREHENSIVE STREET PLAN
a. A permanent street which has been damaged or has deteriorated to the
point where it cannot serve its intended purpose at a reasonable service
level, and lesser repairs are not practical.
b. A non-permanent street which has been damaged or deteriorated to the
point where it cannot serve its intended purpose at a reasonable service
level.
c. Residents along a non-permanent street petition for an improved street
with drainage and concrete curbing.
d. An existing street poses a threat to the safety, health and welfare of the
general traveling public.
2. The City shall not continue to provide extraordinary maintenance on streets
which are in need of reconstruction.
3. Storm and other needed underground utility improvements shall be included as
part of the reconstruction.
4. Only harrier type concrete curb and gutter shall be installed.
5. The reconstruction cost shall be financed by special assessments and City funds.
a. At least seventy-five percent of the reconstruction cost of permanent streets
shall be born by the City and the remainder specially assessed.
b. One hundred percent of the bituminous surfacing, grading, base, and storm
sewer costs on non-permanent streets shall be born by the City. One
hundred percent of the concrete curbing and gutter should be specially
assessed.
6. Assessments shall be made on the front foot assessment method.
7. Assessments shall be payable over a 10-year period.
Bituminous Overlays:
There are two main problems associated with overlaying. One problem is the buildup
of bituminous material at the curb line which gives the curb a sunken appearance.
This condition traps debris which cannot be easily removed by the street sweeper.
n:�po,i�7•�o-8creec.P�n - 4 -
COMPREHENSIVE STREET PLAN
Many communities have gone to "wedge cutting" the existing surface at the curb line
to eliminate this buildup. Wedge cutting completely eliminates the problem of
bituminous buildup but is an additional cost item. The "wedge cut" is made with a
large pavement milling machine which planes a wedge shaped cross section of
bituminous material off the pavement along the curb line before the overlay is placed.
The second problem with bituminous overlays is commonly referred to as "reflective
cracking." Reflective cracks are cracks in the old surfacing which come through the
new overlay, usually within a year's time. . The main type of crack which reflects
through is the transverse thermo crack. Consequently, if a street has a lot of this type
of cracking, a bituminous overlay will not maintain a smooth appearance for very
long.
A number of different methods have been tried to eliminate reflective cracking, all
with various degrees of success. As a result of the reflective cracking problems,
bituminous overlays are not always the solution to a badly cracked street. This
shortcoming must be considered in the policies for bituminous overlay.
Reflective cracking seems to occur more frequently on collector streets than local
residential streets. This may be caused by the thinner surfacing of local streets and
the tendency to develop many hairline cracks instead of the iarger transverse thermo
cracks. In addition, reflective cracking is more serious on collector streets than local
streets because traf�c wears the cracks larger once they have formed.
The policies to be used for bituminous street overlaying are as follows:
Bituminous Street Overla,y Policies:
1. Non-permanent streets shall not be overlayed.
2. The surfacing of permanent City streets shall be overlayed with a minimum of
1% inch bituminous overlay when any of the following conditions exist:
a. The surface is developing extensive map cracking as a result of traffic
loading or insuf�cient surface thickness.
b. The surface lacks a proper crown for cross drainage and standing water
causes problems. ,
c. The existing curbing is in need of replacement and the surfacing would
benefit from an overlay.
A:\policy\c-street.pin - � '
COMPREHENSIVE STREET PLAN
3. The potential for serious reflective cracking shall be checked prior to scheduling
bituminous overlays and appropriate preventive measures taken where
necessary.
4. The edge of the bituminous surfacing shall be "wedge cut" prior to overlaying to
prevent a buildup of bituminous material at the curb line.
5. The cost of overlays shall be paid from City funds.
CONCRETE STREETS
The bituxninous patching of concrete streets makes these streets smoother riding, but
the black bituminous over white concrete produces a very unattractive surface.
The broken concrete street panels are normally confined to certain areas of the street.
This is probably a result of poorer sub soils in these areas; however, when one panel
breaks and settles, a greater stress is imposed on the adjacent panels causing them
to eventually break also. This is the main reason broken panels should be repaired.
Goncrete street repairs should be. funded in the same manner as overlays or
bituminous streets. Although a broken panel may be localized to 2 or 3 areas of the
street, the cost of concrete street repair will probably be about the same as a
bituminous street overlay.
The policies to be used for concrete street repair are as follows:
Concrete Street Repair Policies:
1. Bituminous patches will only be made on concrete streets as a temporary repair.
2. The concrete panels of City streets shall be repaired or replaced when the panels
have severe multiple cracks and settled sections.
3. Sunken portions of concrete panels will be mudjacked to obtain realignment and
base stabilized wherever feasible.
4. Concrete panels shall be replaced with new poured concrete panels.
5. The cost of concrete street repair shall be paid from City funds.
n:.poLc�•.�-sGeec.P�� - 6 -
COMPREHENSIVE STREET PLAN
CURBING
Curbing is important to carry storm runoff drainage, to protect the edge of the street
from breakage and erosion, and to provide a guide for snow plowing. The standard
concrete curb and gutter is B-618 (barrier) concrete curb and gutter. Bituminous
curbing is not a permanent curbing and should not be used for replacement purposes.
Bituminous curbing is less durable than concrete and gets scarred and broken from
snow plowing. As a result, the bituminous curbing on the oider City streets is
generally in poor condition. Bituminous curbing should be replaced if a street is in
need of an overlay and if the curbing is in very poor condition. For example, an
overlay should extend the surface life for 10-15 years. If the bituminous curbing is
already poor and could not be expected to hold up for another 10 years, it should be
replaced prior to the overlay. Conversely, the curbing on a street should not be
replaced until the surfacing is in need of an overlay. This is because the process of
removing the bituminous curb and installing concrete will necessitate the removal of
some sur'facing.
Curb replacement should also be considered if petitioned for by the affected property
owners. It's always much easier to make an improvement if it has the support of the
people who will be paying a portion of the cost.
Bituminous curb replacement should be funded by special assessing the cost on
concrete curbing. Assessing less than the full cost is not consistent with the street
reconstruction policy.
Curb replacement and bituminous overlaying should be scheduled annually in the
Five Year Capital Improvement Plan. Prior to construction❑any sanitary sewer,
watermain or storm sewer repairs or replacement should be made. �
For example, minor drainage problems may be feasible to repair prior to repairing the
street�. All of these items should be repaired, if feasible, prior to improving the street
surfacing. '
The policies to be used for curb replacement are as follows:
Curb Replacement Policies:
1. The curbing on public City streets shall be replaced when any of the following
conditions-exist:
A:\policy\c-street.pin ' I -
COMPREHENSIVE STREET PLAN
a. The existing condition of the curbing poses a threat to the safety, health or
welfare of the public.
b. The street is in need of a bituminous overlay and the existing curb has been
damaged or deteriorated to the point where it does not adequately hold the
boulevard and carry drainage, and repairs are not economically feasible.
c. When residents along a street with badly scarred and broken up
bituminous curb petition the City for an improved street with concrete
curbing.
2. Badly broken and settled sections of concrete curbing on permanent streets shall
be repaired or replaced on all streets scheduled to be overlayed or sealcoated.
3. Curb sections which are only settled and can be corrected by raising and filling
will be repaired by the City Street Section.
4. Concrete curb sections which are badly cracked or settled and carinot be raised
shall be removed and a contract let for the replacement work.
5. All curbing shall be replaced with barrier type concrete curbing.
6. The curb repair work shall be funded as follows:
a. On overlay projects, t•he cost of replacing concrete curb sections shall be
paid from City funds. .
b. All repair and replacement of concrete curb sections on sealcoatirig projects
and all removal costs on overlay projects shall be paid from City funds.
c. Bituminous curbing will be replaced with concrete curbing to be special
assessed.
7. Assessmerits shall be based on a front foot assessment method.
8. Assessments shall be payable over a 10-year period.
MAINTENANCE PROCEDURES
The type of maintenance referred to in this section is surface patching, crack filling
and sealcoating programs. These maintenance procedures are included in the
A:\policy\o-street.pin ' O '
COMPRE�IENSIVE STREGT PLAN
comprehensive street plan because they directly affect the serviceability of the street
as well as the surface life.
On a one-time basis, maintenance is the cheapest approach to improving serviceability
of a street, as opposed to complete reconstruction, the most expensive. On the other
hand, if maintenance is extensive or is required on a continual basis, reconstruction,
or something in between, such as an overlay may be more economical in the long run.
A typical example is patching and sealcoating a street several times, which really
needed an overlay. Over a period of time, the patching and sealcoating is more
expensive than the bituminous overlay which eventually has to be done anyway. This
type of practice results in a waste of maintenance dollars and often a neglect of
maintenance on necessary streets due to staff limitations.
One of the main benefits of the comprehensive street plan is that it will identify the
most economical balance of maintenance and surface improvements to sustain our
street system. Presently, we can provide an adequate level of maintenance on all City
streets with our existing street maintenance section. Provided needed reconstruction,
overlaying, curb replacement, etc., is done when needed, we should be able to continue
to do so in the future.
Surface patching and crack filling of bituminous surfaces are accomplished with City
forces and sealcoating is completed by contract.
Street patching and crack �lling begins in about April and runs through September,
depending upon weather conditions. Temporary repair and filling of pot holes in early
spring is not included as it is generally not permanent if done before the frost is out
of the ground. Patching and crack-filling is seasonal and labor intensive and
therefore, part-time summer augmentation is used. This includes all preparatory
work for sealcoating and overlaying. Patching is done with finely graded hot asphalt
material. In addition to patching broken out.sections of surfacing, skin patching is
performed to level surface settlements particularly prior to sealcoating. Liquid pour
crack filler is also used on deep narrow cracks.
SEALCOATING
An annual sealcoating contract is let in mid-spring. Funds are budgeted in the Street
Section and the amount of sealcoating that can be accomplished each year is
predicated on the funds authorized.
Sealcoating is done by spraying bituminous oil on the street and covering it with a
granite/trap rock material and then rolling. The surface is then allowed to set for a
A:\poliry\rstreet.p(n - � -
COMPREHENSIVE STREET PLAN
period before the excess rock material is removed. When the excess rock material is
swept up, the sealcoat forms a new waterproof surface with a uniform color and
texture. The surface thickness is less than % of an inch and adds no strength to the
street. Consequently, if the street is cracked from traf�c loading, the sealcoat will
only serve as a temporary measure. If the surface is cracked from weathering, thermo
cycling and general aging, the sealcoat will provide a more permanent fix.
The following general maintenance policies shall apply for patching and sealcoating
of city streets:
Maintenance Policies:
l. The City Street Section shall provide a reasonable and proper amount of
maintenance on all City streets with the following exceptions:
a. Streets scheduled for reconstruction shall not be patched and sealcoated.
b. Streets in need of bituminous overlays shall be patched but not sealcoated.
2. The City shall sealcoat approximately one-eighth of its total mileage each year
if the criteria for sealcoatirig is met.
3. Streets shall be sealcoated for any of the foliowing reasons:
a. The street has extensive cracking and a sealcoat would seal off moisture
from entering the rcad base and further deteriorating the surface.
b. A street surfacing is dry and oxidizing and surface wear from traffic and
weathering is becoming appreciable. A sealcoat would rejuvenate the old
surfacing and provide a new stable surface layer.
c. A street is very blotchy from leveling surface settlements, patching utility
repair excavation, etc., a sealcoat would provide a thin new surface with
unifoxm color and texture.
4. The City Street Department shall do all preparatory work for sealcoating.
Sealcoating shall be accomplished by contract.
5. All patching and sealcoating shall be funded through the Street Maintenance
budget, or other funds, if appropriate.
A:\poliry\c-street.pin ' �tJ '
COMPREHENSIVE STREET PLAN
SLURRY
Slurry application is another alternative for maintaining the asphalt pavement. It is
normally more expensive than sealcoating but does have certain advantages. Slurry
is a mixed application of emulsion and aggregate squeegeed on the asphalt surface.
It is more smoother and has a tendency to �11 smaller cracks and pavement
imperfections. Slurry is best applied to newer surfaces to protect for weathering,
thermo cycling and general surface aging.
The following general maintenance policies shall apply for patching and slurry sealing
of City streets.
Maintenance Policies-
1. Streets shall be slurry sealed for any of the following reasons:
a. A street has a new surface that is dry and o�ridizing and surface wear from
traffic and weathering is becoming appreciable.
b. The street has been constructed or overlayed within the past 5 years.
c. The street is very blotchy from leveling surface settlement, patching, utility
repair, excavation, etc., a slurry coat will provide a thin new surface with
uniform color and texture.
2. The City Street Section shall do all preparatory work for siurry sealing. Slurry
sealing will be accomplished by contract.
3. All patching and slurry sealing shall be funded through the street maintenance
budget, or other funds, if appropriate.
PUBLIC ALLEYS
Public alleys require surface maintenance and periodic repairs just like streets and
should be covered in a cQmprehensive street plan.
We receive several complaints each year on the poor conditions of the non-permanent
alleys and it would be desirable to have firm policies for addressing these concerns.
The permanent alleys should be patched and maintained by the City the same as
permanent streets. However, nothing should be done with the non-permanent alleys.
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COMPREIIENSIVE STREET PLAN
We should not be spending limited maintenance dollars on alleys if they have never
been improved to a reasonable maintenance free condition.
Property owners who desire an improved alley can petition for an alley improvement.
The alley would be constructed to a 12 foot width of bituminous asphalt surface with
an inverted crown down the center for drainage. Since alleys serve primarily a
private purpose, the cost of alley improvements are 100% special assessed to the
abutting properties.
The policies to be used for alleys are as follows:
Public Alley Policies:
1. The City shall not upgrade or maintain a non-permanent alley with maintenance
funds.
2. Alleys shall be considered for construction only when petitioned for by the
adjoining property owners.
3. Alley reconstruction projects shall be scheduled through the 5-year Capital
Improvement Plan to coordinate with other contracts, if possible.
4. Alleys shall be reconstructed to 12 foot width. Bituminous surfacing will be
used, with an inverted crown to carry drainage down the center.
�. The cost of the alley replacement shall be 100% special assessed.
6. The assessments shall be made on the rear foot assessment method.
7. Assessments shall be payable over a 10-year period.
SIDEWALKS
The City's system of sidewalks is fairly new and in good condition. However,
occasional replacement of settled panels will be necessary for safety reasons. This
would be done as part of regular maintenance.
Because of the high cost of construction and maintenance, additions to the skeletal
sidewalk system should be well planned. As the name implies, the skeletal sidewalk
system should extend throughout the City connecting major activity centers such as
parks, schools, churches and commercial establishments. The sidewalk should
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COMPREHENSIVE STREET PLAN
generally be located along collector streets or minor arterials which are well lighted
and provide safety through the higher level of activity. Pedestrian volumes and safety
needs are generally not great enough to warrant the construction of sidewalks within
residential neighborhoods.
The City should resist pressure to construct skeletal system sidewalks in locations
which do not meet the policies. All skeletal system sidewalks should be designated
by City Council resolution. If residents desire a sidewalk along their street, they can
petition the City Council.
The policies to be used for construction and maintenance of skeletal system sidewalks
are as follows:
Sidewalk Policies:
1. The City shall identify all sidewalks which shall be part of the skeletal sidewalk
system by resolution.
2. Addition to the skeletal system shall meet the following criteria:
a. Skeletal sidewalks shall connect major activity centers such as schools,
parks, churches and commercial centers.
b. Skeletal sidewalks shall be located along collector streets and minor
arterials which are well lighted and provide personal security through the
higher level of activity.
c. Additions shall be designated to connect to the existing system arid systems
of other communities whenever possible.
3. Residents may petition for sidewalks along their streets.
4. Construction of sidewalks shall be 100% special assessment based on a front foot
assessment method.
5. All sidewalks shall be concrete with a 5-foot width minimum.
6. The City Street Section shall maintain the skeletal sidewalk system.
Maintenance shall include but not be limited to the following:
a. Clearing sidewalks of snow and large debris from storms.
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COMPREHENSIVE STREET PLAN
b. Clearing the sidewalk space of overhanging tree limbs.
c. Replacement of settled panels which could pose a safety hazard as part of
regular maintenance.
d. Signing and stripping crosswalks.
BIKEWAY/WALKWAYS
The City's bikeway/walkway system provides a connecting link with major parks,
schools and regional trail systems. These bikeway/walkways are constructed in
accordance with the established City plan and with funds provided for that purpose.
The policies to be used for construction and maintenance of the bikeway/walkway
system are as follows:
Bikeway/Walkway Policies:
1. The City Couricil shall approve all bikewaylwalkways within the City.
2. The bikeway/walkway system shall consist of: '
a. Routes�identi�ed by signs.
b. Lanes�painted stripes on the existing roadways.
c. Path ❑ eight foot bituminous paved surface with 2-foot soil shoulders on
each side. �
3. Motorized vehicles and equipment are not authorized on a bike path except for
maintenance and repair purposes.
4. Construction of bikeway/walkways shall be by special funds on City Council's
direction.
5. Residents may petition for a bikeway/walkway with 100% special assessment.
6. The City shall maintain the bikeway/walkway system. Maintenance shall
include, but not be limited to the following:
a. Clearing the bike pathway of overhanging tree limbs and vegetation.
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COMPREHENSIVE STItEET PLAN
b. Patching and repairing of the pavement surface.
c. Signing and striping of routes and lanes.
7. Maintenance and repair of the bikeway/walkway system shall be funded in the
City budget.
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COMPREHENSIVE STREET PLAN
INVENTORY
GENERAL
The second part of the comprehensive street plan is the inventory. The street data is
maintained in a separate document.
Street Inventory Report:
The street inventory report identifies each segment of the street, alley and sidewalk,
providing speci�c information on the class, type, right-of-way, length, surface width,
curb type and the thickness and year of construction for the base, binder course,
wearing course, overlay and sealcoat. As overlays and sealcoats are applied, each
application is recorded separately. Also included in the report is the traffic volume, _
year recorded, maintenance work by month and year, plus the surface condition and
riding quality.
The surface condition and riding quality provides the basis for establishing the surface
rating of each segment. This rating is the prime factor in conjunction with age and
the maintenance record in establishing the priority of streets requiring overlay or
sealcoating or reconstruction.
SUMMARY
These inventory records are very helpful in reviewing the plan policies to determine
how successful or unsuccessful sealcoating and overlays hav� been in serving their
intended purpose over the years. "
The last source of information for evaluating our streets and developing policies come
from our own personal experience, either directly from citizen complaints or from our
maintenance personnel.
With the formal adoption of the comprehensive street plan, the City has a rationale
and formalized procedure for maintaining, repairing and reconstructing the public
access system.
July, 1996
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