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HomeMy WebLinkAbout[10b] Liberty Pointe � �.�«�,;r������ Council Agenda Item 1� b� MEETING DATE: November 15,2012 AGENDA ITEM: Liberty Pointe—Snow Removal SUBMITTED BY: Administration BOARD/COMMISSIONJCOMMITTEE RECOMMENDATION: The City Engineer, Public Works Director and Administrator met with representatives of the Liberty Pointe Homeowners Association to discuss the private streets and utilities recommending the Council execute the resolution providing for snow removal for the 2012— 2013 snow season. PREVIOUS COUNCIL ACTiON: The Council authorized staff to meet with the Liberty Pointe Homeowners Association to discuss the private utilities and street within the development. The Council had previously met with the Graceview Association and entered into an agreement assuming responsibility for the roads and utilities. In the case of Graceview,the city was able to secure additional ROW for the future when utilities would need work. In addition,there was adequate separation between utilities and structures. BACKGROUND INFORMATION: In reviewing the Liberty Pointe matter,the situation was opposite. The depth and proximity of the house pads to the street and utility do not provide adequate separation. Therefore,there is a potential for greater costs and p�oblems when/if utility work is needed. It is for this reason that a different approach was taken. One of the issues with the Liberty Pointe Association is the number of foreclosure lots and the inability to collect dues to pay for the maintenance including snow removal. Therefore,the suggestion was to assume the snow removal for a period of time until the lots are sold and then the Association would be responsible for the snow removal again. BUDGET/FISCAL IMPACT: ATTACHMENTS: Request for Council Action Resolution 2012-017 Assuming Snow Removal for 2012—2013 REQUESTED COUNCIL ACTION: Authorize execution of Resolution 2012-017,alfowing for snow removal on Jefferson Lane for the 2012—2013 Snow Season. THIS PAGE INTENTIONALLY LEFT BLANK Resolution 2012-017 RESOLUTION AUTHORIZING THE REMOVAL OF SNOW FROM THE PRNATE ROADS IN THE LIBERTY POINT SUBDIVISION OF THE CITY OF ST.JOSEPH FOR A SPECIFIC PERIOD OF TIME WHEREAS,the Liberty Point Subdivision is a plat consisting of single family homes,originally approved by the City in 2005. The southern section of the plat includes single family homes that are managed through by the Liberty Pointe Homeowners Association; and W��REAS, the Liberty Point Homeowners Association consists of 30 single family units, both attached twin homes and detached single family homes; and WHEREAS,as a result of the declining housing market,nine of the lots in the homeowners association are undeveloped and placed into foreclosure and the subdivision is uncompleted; and WHEREAS,the Homeowners Association relies on dues from all lots within the association to provide snow removal services and maintain the common areas and with a large number of lots in the foreclosure process,the homeowners association is facing financial constraints; WHEREAS,Jefferson Street was constructed by the developer as a private street and it was anticipated that the private road would be maintained by the developer or homeowners association, including all responsibility for snow removal;and � WHEREAS,Jefferson Street has not always removed snow from the street jeopardizing public safety as accumulating snow creates an obstacle limiting access of school buses,public works vehicles or emergency vehicles; and WHEREAS,Minnesota.Staxues Section 160.21 authorizes the City to remove snow from private roads in uncompleted subdivisions when it is determined that the above circumstances exist. NOW THEREFORE,IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF ST. JOSEPH: 1. Due to general insolvency or pending foreclosure the Liberty Pointe Homeowners Association is unable to maintain the roads and public safety may be jeopardized if the accesses of school buses, public works vehicles,or authorized emergency vehicles are obstructed by accumulating snow. 2. City personnel and equipment are authorized to remove snow from Jefferson Lane during the 2012—2013 snow season in accordance with the current snow removal policy of the City. 3. Parking will be prohibited on Jefferson Street and the Homeowners Association is responsible for reimbursing the City for all costs incurred for the purchase and installation of the signs. 4. The City will repair the manholes and gate valves in Jefferson Street and all costs shall be the responsibiliTy of the Liberty Pointe Homeowners Association. 5. As per Minnesota Statues Section 160.21 Subd 6(d)the City and its officers and employees are not responsible for any injury to persons or property arising from plowing,maintaining;or otherwise working on the road and from traveling on the road and related to its maintenance or condition. 6. As per Minnesota Statutes Section 160.21 Subd 6,the City has the authority to remove snow in uncompleted subdivisions containing five or more vacant lots and must annually review the insolvency or pending foreclosures to determine eligibility for continued snow removal. 7. As per Minnesota Statutes Section 160.21 Subd 6(b)snow removal pursuant to this resolution does not constitute: 1.Acceptance of the road from the developer or association by the City for public use;2. The opening of the road to public use;nor 3.a use,repair,or maintenance of the road sufficient for the purposes of dedication of roads under section 160.05. Adopted this day of ,2012. Rick Schultz,Mayor ATTEST Judy Weyrens,Administrator