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HomeMy WebLinkAbout[08a] Liberty Pointe 8(a) Council Agenda Item MEETING DATE: October 3, 2013 AGENDA ITEM: Liberty Pointe – Snow Removal SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: In 2012 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. While the HOA requested the City assume the private street, it was determined that it was not feasible in this case due to the limited ROW and proximity of homes to the road. In Graceview Estates the City had the ability to secure additional ROW for the future, which is not the case with Jefferson. PREVIOUS COUNCIL ACTION: The City Council accepted the recommendation of the City Council and authorized execution of the resolution to provide for snow removal as provided for in MN Statute. BACKGROUND INFORMATION: The Statute that allows the City to use public funds to remove the snow requires the City review annually the status of the development and when the development is substantially complete the City can no longer remove the snow. At this time the development is still underdeveloped and the City can remove the snow. The Association has been reminded that next year may have to resume snow removal services for Jefferson Street. BUDGET/FISCAL IMPACT: ATTACHMENTS: Request for Council Action Resolution 2013-038 Assuming Snow Removal for 2013 – 2014 REQUESTED COUNCIL ACTION: Authorize execution of Resolution 2013-038, allowing for snow removal on Jefferson Lane for the 2013 – 2014 Snow Season. This page intentionally left blank Resolution 2013-038 RESOLUTION AUTHORIZING THE REMOVAL OF SNOW FROM THE PRIVATE 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 WHEREAS, 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 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 Statues 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 forces are authorized to remove snow from Jefferson Lane during the 2013 – 2014 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 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. Adopted this day of , 2013. Rick Schultz, Mayor ATTEST Judy Weyrens, Administrator