Loading...
HomeMy WebLinkAbout6.n. Resolution Accepting the Private Streets into the Public City Street System in the Westport Neighborhood EXECUTIVE SUMMARY City Council Regular Meeting: December 20, 2016 AGENDA ITEM: Resolution Accepting the Private Streets into the Public City Street System in the Westport Neighborhood AGENDA SECTION: Consent PREPARED BY: Kim Lindquist, Community Development Director AGENDA NO. 6.n. ATTACHMENTS: Resolution, Map, Policy APPROVED BY: ddj RECOMMENDED ACTION: Motion to Approve Resolution Accepting Private Streets into the Public City Street System in the Westport Neighborhood subject to conditions. 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 lay out 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 must be addressed to complete the acceptance of the roads into the public system. The City Attorney will set up an easement document that all property owners in the neighborhood will need to agree to, in order to fulfill public acceptance of the roads. The easement will give the city additional rights within the existing drainage and utility easements to allow snow storage, sidewalks, street lights and other maintenance activities necessary for the infrastructure within the easement. Additionally, the HOA will need to dedicate Outlot B of the plat to the City, which is the parcel that contains the road. In total, the City will obtain ownership of the roads and sidewalks, with maintenance consistent with existing policies. The HOA is required by the adopted policy to bear the costs of the ownership change. The resolution is the last action to be taken by the City Council. However, all of the above items must be completed, and all property owners affected in agreement, for the City to take over the road. RECOMMENDATION Motion to approve the resolution. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2016 - A RESOLUTION ACCEPTING THE PRIVATE STREETS INTO THE PUBLIC CITY STREET SYSTEM IN THE WESTPORT NEIGHBORHOOD WHEREAS, the City of Rosemount has received a request from the residents of the Westport neighborhood to allow private streets within the neighborhood to become public, see map; and WHEREAS, the City has established the Private Streets Acceptance Policy and has determined that the above mentioned streets are generally consistent with the policy; and WHEREAS, the City Council has reviewed the matter on several occasions and found that acceptance of the private streets serves a public purpose; and NOW THEREFORE BE IT RESOLVED that the City of Rosemount accepts the private streets in Westport neighborhood including a portion of Crosscroft Place, Crosscroft Path, and Crossmoor Avenue consistent with the attached map subject to the following: 1. Inspection and approval of the sidewalks by the City Engineer within the entire neighborhood. Any repairs or replacement as determined by the City Engineer must occur prior to acceptance of the roads and sidewalks. 2. Dedication of Outlot B Evermoor Crosscroft 3rd Addition 3. Dedication of 15’ easements for snow storage, street lights, sidewalks, and maintenance along all single family lots fronting on Outlot B. 4. All costs associated with the above, and all City Attorney costs associated with the dedication, easements, and filing will be borne by the HOA. ADOPTED this 20th day of December, 2016, by the City Council of the City of Rosemount. ______________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Clarissa Hadler, City Clerk 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