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City Council Work Session – Item 6 <br />February 2, 2009 <br />Page 4 <br />Technically, no variance is required for this situation. However, since <br />the City will be installing concrete barrier curbs and concrete driveway <br />aprons on the reconstructed streets, it is recommended that the City <br />have a procedure in place to manage this issue. Items for <br />consideration are: <br />-Who pays for the “extra” curb cut and apron? <br />-How does the City ensure the extra width won’t be used for <br />access to park vehicles on an unimproved surface? <br />The City of Spring Lake Park encountered this exact issue during their <br />street reconstruction projects. We have previously discussed with <br />Council a form that Spring Lake Park had developed to identify and <br />approve a second driveway access for a property. Spring Lake Park <br />also used that same form to identify widened (or narrowed) driveways. <br />A copy of the form is included with this Staff Report for reference. <br />In addition, Spring Lake Park required a property owner who received <br />a widened driveway to sign an agreement stating that they would <br />improve the driveway on their private property to match the City apron <br />within a certain period of time. If the property owner did not, the City <br />had the right to come back and remove the “extra” driveway width. A <br />copy of this agreement form is also included with this Staff Report. <br />Policies & Procedures <br />It is recommended that the City develop policies and procedures for addressing <br />the situations described above. Staff feels that a general Agreement could be <br />developed for this purpose, to allow for such private improvements under the City <br />public improvement project. The Agreement could contain standard language <br />and terms, and provide blanks to be completed for each specific application: <br />-Property information <br />-Improvement to be performed <br />-Cost / fee for the work <br />-Method of payment <br />-Signatures <br />For the case of driveway improvements, forms similar to those used by Spring <br />Lake Park could be included in the Agreement to clarify the work as well as to <br />state requirements for any matching improvements the property owner must <br />perform on their property. <br />If Council concurs with this recommendation, this item could be brought forward <br />to a regular City Council meeting to consider adoption of a Resolution to direct <br />the development of the Agreement form. The City Attorney would need to be <br />involved in the development.