HomeMy WebLinkAbout2.b. Accepting Private Streets into the City Street System - Westport Neighborhood
EXECUTIVE SUMMARY
City Council Work Session: December 12, 2016
AGENDA ITEM: Accepting Private Streets into the City
Street System - Westport Neighborhood
AGENDA SECTION:
Discussion
PREPARED BY: Kim Lindquist, Community Development
Director AGENDA NO. 2.b.
ATTACHMENTS: Adopted Policy, Map APPROVED BY: ddj
RECOMMENDED ACTION: Provide Staff Direction
SUMMARY
In May 2016 the City Council approved a policy for accepting private roads into the public road system.
The policy is attached for the Council’s information. The policy was drafted to layout guidelines for when
the Council would consider taking over maintenance and ownership of private streets. While the policy
covers the entire City, the discussion was prompted by a request from the Westport neighborhood, a 35-
single family home neighborhood in the Crosscroft development. Over the last few months, staff has
worked with the City attorney on this issue and had engineering staff review the existing roads and
construction plans.
There are a few issues that remain which are enumerated below. The Council should determine if these
issues prompt denial of the private road take over, or if these issues can be mitigated under the current
conditions. Based upon the direction of the Council at the work session, if affirmative, staff would ask the
Council to take final action on December 20, 2016.
The following are the policy criteria for acceptance of private roads and the response addressing the
existing condition:
Policy
1. To be considered for acceptance by the City as a Public street, the private street must meet the following minimum
requirements:
a) Basic Requirements
a) Accepting the streets must serve a public purpose.
Determined by the City Council
b) The private street must be accessible from an adjoining public street.
The neighborhood has one access from Connemara Trail, a public road. Unfortunately due to the
configuration of the neighborhood, the remainder of the private road system requested for public
takeover, is connected to two private roads. Access and maintenance, primarily snowplowing will occur
across other private roads. It would not be surprising if a request is received in the future to have the
City take over the remaining portions of Crosscroft Place and Crosscroft Path. The current request is to
have the City take over the portion of the two roads adjacent to traditional single family dwellings only,
not the detached townhomes on the eastern portion of the above two mentioned streets.
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c) Each adjacent dwelling unit must be on its own legal parcel or have a separate property identification
number (PIN).
All properties served by the private road are separate lots of record.
d) The private street was approved as part of the City subdivision approval process. Driveways or
common drives will not be considered as private streets.
The private street was approved as part of the City subdivision approval process. The street was platted
as an outlot and the outlot would be given to the City as part of this process. The HOA attorney and
City Attorney have verified that the HOA Board is able to give the Outlot to the City and the action
does not require the approval of each individual homeowner.
e) The minimum right-of-way required to be established and dedicated to the City is 60 feet centered over
the street
The outlot is approximately 32’ in width, which is the width of a typical road section. Lands adjacent to
the outlots are part of each individual single family lot. There is a 15’ drainage and utility easement on
each parcel. In asking the City Attorney she indicated it is unclear if all traditional uses of ROW
boulevard are allowed in a drainage and utility easement. She is looking into this question and I hope to
have a response by Monday night. If not similar enough, individual homeowners would have to grant
additional easements (snow storage, street lighting, sidewalks) over the existing drainage and utility
easements to ensure the City can conduct their normal business.
The proposal does not technically meet these policy criteria. In a typical development there would be a
32’ wide road, 15’ boulevard (within the public ROW) and a 30’ front yard setback (which would have a
15’ drainage and utility easement). As proposed, there would be the 32’ road, and a 30’front yard
setback which contains a 15’ drainage and utility easement. Where there is a sidewalk that is also located
within the 15’drainage and utility easement.
f) Structure setback must meet the ordinance required setbacks; the City will not grant variances to
properties that do not meet the ordinance requirements. In traditional single family districts the setback
is 30 feet from the right of way line.
The structures on each lot met the 30’ setback standard from the front property line. The property line
is not moving in response to this request although the separation from the street to the residence is less
than typical. Usually the City would obtain 60’ of right of way which would result in another 15’s
setback from the road pavement as compared to the existing condition. However, the dedication does
not change the front yard setback from the current condition.
g) The private street must serve single family detached housing.
The properties in the HOA all contain single family detached housing.
b) Design Requirements
a) The private street must have a minimum width of 32 feet in single family residential areas and 28 feet in
multifamily areas
The paved road is currently 32’ in width.
b) The private street must be constructed with pavement and subgrade sections equivalent to the current
city design standard, that being 2” bituminous wear, 2” bituminous base, 8” of Class 5 gravel base and 2
feet minimum of granular material.
The City initially designed the road and it has been verified that the road was designed to city standards.
c) The pavement condition of the private street must have a Pavement Condition Index (PCI) of 75 or
greater as determined by the City Engineer.
The Engineering Dept has verified that the PCI for the four streets involved in the request are all above
a 75PCI rating.
d) Sidewalks must be in place according to city standard.
Sidewalks are located along portions of Crosscroft Path, Crosscroft Place and Crossmoor Ave. The
sidewalk placement is consistent with sidewalks in surrounding neighborhoods.
e) Street lighting must be in place at 300’ intervals per city standard
Street lighting is in the neighborhood and is consistent with surrounding neighborhoods.
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f) Private storm sewer serving the public street, including ponds will need to be in compliance with city
standards.
The storm sewer system was designed by the City and has been installed consistent with plans.
I have been working with the City Attorney on the transition from private to public streets. They are
available to do the legal work necessary and the HOA has indicated they will reimburse the City for
expenses. Staff is trying to confirm the direction Council would like to take now that all the background
information relating to the criteria for public takeover of private roads has been compiled.
RECOMMENDATION
Provide direction for staff. If the Council would like to accept the four road segments as public roads, a
resolution memorializing that decision will be scheduled for the December 20th City Council meeting.
CITY OF ROSEMOUNT
POLICY RELATING TO ACCEPTING PRIVATE
STREETS INTO CITY STREET SYSTEM
Purpose
The City Council of the City of Rosemount (City) desires to establish its position on considering the
acceptance of existing private streets into the City street system.
Background
The City has several miles of privately owned streets for which the City provides no maintenance
services. Periodically, the private street owners, generally homeowner’s associations (HOAs), inquire
about the possibility of having the City assume ownership and ongoing maintenance of their private
streets. This policy defines the conditions under which the City Council will consider accepting private
streets into the City system.
Policy
1. To be considered for acceptance by the City as a Public street, the private street must meet the
following minimum requirements:
a) Basic Requirements
a) Accepting the streets must serve a public purpose.
b) The private street must be accessible from an adjoining public street.
c) Each adjacent dwelling unit must be on its own legal parcel or have a separate
property identification number (PIN).
d) The private street was approved as part of the City subdivision approval
process. Driveways or common drives will not be considered as private streets.
e) The minimum right-of-way required to be established and dedicated to the City
is 60 feet centered over the street
f) Structure setback must meet the ordinance required setbacks; the City will not
grant variances to properties that do not meet the ordinance requirements. In
traditional single family districts the setback is 30 feet from the right of way line.
g) The private street must serve single family detached housing.
b) Design Requirements
a) The private street must have a minimum width of 32 feet in single family
residential areas and 28 feet in multifamily areas
b) The private street must be constructed with pavement and subgrade sections
equivalent to the current city design standard, that being 2” bituminous wear, 2”
bituminous base, 8” of Class 5 gravel base and 2 feet minimum of granular
material.
c) The pavement condition of the private street must have a Pavement Condition
Index (PCI) of 75 or greater as determined by the City Engineer
d) Sidewalks must be in place according to city standard.
e) Street lighting must be in place at 300’ intervals per city standard
f) Private storm sewer serving the public street, including ponds will need to be in
compliance with city standards.
2. An agreement, provided by the City and in the City’s format, must be approved by the majority
percentage specified in homeowner’s association documents to give public ownership or
easement, The agreement must include all private streets which are the responsibility of an HOA.
A copy of the agreement is attached hereto and made a part of this policy.
3. Upon receipt of the agreement, the City will perform an Basic Engineering Study on the private
streets, examining the private street under consideration for conformance with the policy stated
Basic Requirements, and identifying condition, maintenance, and safety issues. The cost of the
Basic Engineering Study shall be the responsibility if the HOA.
4. If the Basic Engineering Study indicates that the Private streets cannot meet the Basic
requirements due to ROW or setback issues, the analysis will be suspended and the private
street will be deemed not suitable for acceptance.
5. If the Basic Engineering Study indicates that the private streets meet all of the basic
requirements, a Design Engineering Study will proceed to examine the details of the existing
design. This will include a review of the original and as-build construction documents, site
surveying and measurements and subsurface geotechnical investigations, and pavement
condition analysis as required by the City Engineer. The cost of the Design Engineering Study
shall be the responsibility if the HOA
6. If the Design Engineering Study indicates that the Private streets meet all of the Design
requirements the private street can be considered for Final acceptance.
7. If the Design Engineering Study indicates that the private street cannot meet the Design
requirements, the private street will require reconstruction prior to acceptance. The street can be
considered for Preliminary acceptance at this time.
8. At the time of preliminary acceptance of the private street into the City s ystem, the type of
reconstruction project to be administered shall be determined as follow:
a. For Streets requiring a Mill and Overlay due to PCI less than 75 and greater than 35, but
meeting all other Design Requirements,
a) The street must be milled and overlayed according to the specification of the
City Engineer
b) The Homeowners pay 100% of the total cost of the mill and overlay project;
b. For Streets requiring reconstruction due to a PCI rating less than 35, an inadequate
street width, pavement and subgrade section not equivalent or greater than the city
standards, or any other upgrades necessary to meet city design standards,
a) The street must be completely reconstructed on order to achieve all required
City Design Requirements
b) The Homeowners pay 100% of the total Reconstruction project cost
9. The HOA must, by the vote as specified in the HOA documents, grant an easement or fee title for
the right-of-way without cost to the City, free and clear of any encumbrances.
10. When accepting a private street as a public street, no special consideration for maintenance ( i.e.
snow removal), will be given priority over public street maintenance policies and procedures.
11. The City Council' s final action to accept a private street as a public street shall be a combined
action including:
a) Accepting the easements or right of way dedication
b) Adopting the assessments for street and utility reconstruction.
c) Accepting the street.
d) Awarding a contract for street and utility reconstruction.
12. The final action will occur after all required public hearings for assessments with notification to
property owners.
Westport
Document Path: T:\GIS\City\Maps\Departmental Maps\CommunityDevelopment\Kim\CrosscroftPrivateStreets.mxd