HomeMy WebLinkAbout[04f] Liberty Pointe - Snow Removal Council Agenda Item 4(f)
MEETING DATE: August 31,2015
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.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Request for Council Action
Resolution 2015-028 Assuming Snow Removal for 2015-2016
REQUESTED COUNCIL ACTION: Authorize execution of Resolution 2015-028,allowing for snow removal on
Jefferson Lane for the 2015—2016 Snow Season.
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Resolution 2015-028
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 2015 —2016 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. 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.
5. 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 , 2015.
Rick Schultz, Mayor
ATTEST
Judy Weyrens, Administrator