4.8. SR 10-18-1993
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ITEM 4.8.
FROM:
MAYOR & CITY COUNCIL
PAT KLAERS, CITY ADMI~~TOR
OCTOBER 14, 1993 \Ilf'
TO:
DATE:
SUBJECT: FRESNO STREET CHANGE ORDER
A change order needs to be considered in order to reconstruct a
driveway along the Fresno Street project. This driveway is for
the Paul Bell residence. All Councilmembers are encouraged to
drive Fresno Street before the City Council meeting in order to
become familiar with the issues involved in this request.
Staff is recommending that no change
the reconstruction of driveways
improvement project.
order
along
be
the
authorized for
Fresno Street
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In addition to recommending no change orders taking place for
driveways that are already reconstructed along Fresno Street,
staff also recommends no change in our existing policy or past
practices for reconstruction of driveways along improvement
projects. The past practice has been that the Engineer makes
decisions during the project as to what is a reasonable
reconstruction of the driveways. Most of the time the
reconstruction takes place within the right-of-way, but if the
slope is not acceptable, then, within budget constraints, the
work extends back on to private property outside of the public
right-of-way.
Please see the attached material from the City Engineer on the
Paul Bell issue, and on the larger reconstruction of driveways
issue.
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P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
CONSULTING R~G1NEERS
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13t6 Energy ParIi Drive
St. Paul. }I~ 55108-520"2
61t-614-4389
e Fax: 6It-~H-9446
9SOO SbeIanI Parkll'ilY, Ste. 100
Minneapolis, UN 55441.6451
G1H4U432
Fa.!: 612.544.6.398
October 11, 1993
File: 230-159-30
Mr. Pat Klaers
City Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: BELL nRIVEWA Y ON FRESNO STREET
Dear Mr. Klaers:
As requested by Council Member Holmgren, I have contacted Paul Bell, who lives at the
north end of Fresno Street, concerning the status of his driveway. As you recall, at the
Assessment Hearing Mr. Bell raised issues as to the increase in grade in his driveway after
construction versus the condition it was in prior to construction. Due to the lack of storm
drainage in the whole Orono Lake 3rd Addition, the grade of Fresno Street was dropped to
facilitate drainage on Fresno and the side streets when they are reconstructed. This caused
us to increase the slope slightly on some of the driveways. Mr. Bell's driveway appears to
be about the worst in the area where a relatively flat driveway prior to construction now has
a grade of approximately 6 % for the first 15 to 20 feet. The remainder of the driveway is
currently flat and is not impacted by construction. As you are aware, the City's ordinance
strives to keep all driveways under 10% grade. Six percent falls well within this range.
In discussing this issue with Mr. Bell, he feels that the condition of his driveway is
unacceptable, primarily because he states that he can no longer back his boat into the
driveway without worrying about the motor hitting the ground. He would like the City to
reconstruct his driveway from his garage slab all the way to the street. This would provide
for one uniform grade along the entire length of the driveway which would average out the
maximum of 6% and the minimum of a virtually flat driveway, probably providing a
driveway somewhere in the 2 % to 4 % grade.
I indicated to Mr. Bell that I would present his request back through City Hall and look for
direction as to how to proceed. We clearly could replace his driveway as part of the
construction since the contractor has additional work to do on the driveways in the spring of
1994. However, I feel that I need direction from City Council to expend monies to redo the
driveway since the way that we have restored the driveway already is the same as we have
used on all projects in existing areas. To spend additional money to redo the entire driveway
would be above and beyond anything we have done on other properties.
Mr. Pat Klaers
October 11, 1993
Page Two
Please let me know how you want me to proceed with this issue or if you need any additional
information to make the decision.
Sincerely,
MSA, CONSULTING ENGINEERS
.~~~ljJ
Terry J. ~urer, P .E.
TJM:tp
159-1204.oct
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1326 Energy Pari.; Dril'e
St. Panl. ~I\ 551OS-521f.!
612-644-4389
.iI: 612-644-9446
9800 ShelanI ParliIl'ilJ', Sle, 102
Minneapolis, M\ 55141-6451
612-546-ll-132
fiLt 612.544-6398
October 11, 1993
File: 230-159-30
Mr. Pat Klaers
City Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: DRIVEWAY RESTORATION, FRESNO STREET
Dear Mr. Klaers:
Under separate cover, I have sent you a letter concerning my discussions with Mr. Paul Bell
on the restoration of his driveway on Fresno Street. Essentially, Mr. Bell would like to have
his entire driveway removed all the way back to the garage and reconstructed at the expense
of the City. His contention is that by taking a driveway that is relatively flat and providing
a portion in the right-of-way that now has a slope of about 6% on it has detrimentally
affected the use of his property. Our concern is that if we redo the Bell driveway all the way
back to the garage, we need to make the same offer to all other property owners on this
project and future projects in existing areas.
Any time a street is reconstructed in an existing area, there are driveways that are affected
and the grades could change slightly in either direction. We have always maintained that the
driveways are restored back within a reasonable range. As you know, currently the City
ordinance does not allow for driveways in excess of 10%. We generally apply an even
stricter standard on these reconstruction projects and would not take a driveway that is at, say
1 %, and allow it to go all the way up to 10%. In cases like that, we would cut the driveway
back even further and make some reasonable increase to 5 % or 6 %.
If the City is going to direct me to rebuild the Bell driveway all the way back to the garage
slab, I would also request direction as to how to deal with all other neighbors on this
particular project who may also request additional work be done to their driveways. In a
broader sense, then I believe that the City would need to establish some type of policy as to
how to adequately restore driveways on reconstruction projects so that we are not put in the
position of trying to decide how to balance the issue of adequately restoring driveways while
not expending excessive amounts of the City's money outside of the public right-of-way.
Mr. Pat Klaers
October 11, 1993
Page Two
I fear that this could turn into a very controversial issue if we do it for one individual and do
not set up a policy which treats all property owners equitably. Please let me know how you
would like us to proceed on this issue or if you need any additional information from us.
Sincerely,
MSA, CONSULTING ENGINEERS
~/Jl?'ktueJ
Terry J. Maurer, P.E.
TJM:tp
lS9-120S.oct
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