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Home My WebLink About7.a. LeForet Entrance MonumentCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: July 15, 1997 AGENDA ITEM: LeForet Entrance Monuments AGENDA SECTION: Old Business PREPARED BY: Bud Osmundson INOqjA 7City Engineer/Public Works Director ATTACHMENTS: City Attorney Letter, Sample Lette]AGENDA APPRO Council Meeting Minutes, Letters to Residents Attached is some additional information regarding the LeForet Entrance Monument that was damaged by City snowplow operations last fall and that was discussed at the June 17, 1997 City Council meeting. The City Attorney and Administrator will present this item to the Council for discussion. The fourth paragraph of the City Attorney's letter describes three options the Council has in taking action regarding the monuments. as they The first option is that the City could demolish and remove e monument may and/or hard feelings for the are within the City right-of-way and no one has claimed ownership. residents within the subdivision. This option is available now or in the future. If the Council accepts ownership of these monuments, the City "could incur liability in the event of an injury resulting from the monument due to the proximity of the road (as a traffic hazard) or for injury to, for example, children playing on the structure." In addition, the City should place these items on the list of City assets and insure them. This would add approximately $100 per year to the City's insurance bill. As l we have previously stated, the estimated cost to repair the damaged monument will be approximately $2,500 - $3,500 at a minimum. It is clear that the homeowners have the responsibility to maintain the monuments. However, if major maintenance is required on the structures, such as tuck pointing or major reconstruction, the City does not have the ability to enforce these costs onto the residents of the subdivisic� and the general taxpayers may have to pay for those costs. Staff realizes the consequences of each of the options available to the Council. However this is a major policy decision and Staff can only advise Council as to the consequences of each option. My only recommendation is that if the monument is rebuilt that an additional curb be constructed on the street side of the monument which will provide some protection to the monument. RECOMMENDED ACTION: COUNCIL ACTION: 1 Kennedy & Graven �Nmgmmm" 470 Pillsbury Center 200 South Sixth Street Minneapolis NIN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: aErsOi kennedy-gracen.com CHARI.F_ti L. LEFEVERE Attorney at taw Direct Dial (612) 337-9215 July 2, 1997 Bud Osmundson City Engineer City of Rosemount 2875 145th Street West P. O. Box 5 i 0 Rosemount, MN 55068-0510 RE: LeForet Entrance Monument Dear Bud: I have reviewed the Declaration of Covenants for the LeForet Addition and a letter dated June 24, 1997 from Mr. James Sample on behalf of the LeForet Neighborhood Association, and offer the following comments on the City's options and obligations. The letter from Mr. Sample states that neither the Association nor its individual members has any desire to have any legal or proprietary ownership of the structure, and asserts that the original owner of the subdivision stated that the structures were turned over to the City. The, insurance implications of this assertion are that: (1) no one will claim ownership of the structure, and therefore the City's liability policy, which might provide coverage for damage to the property of another individual caused by the acts of a City employee, would not provide coverage in this case since no one's property has been damaged except property owned by the City, and (2) if the property belongs to the City, there is no property casualty insurance coverage to assist in the reconstruction of the monument because, at least according to the LMCIT, the City has not secured insurance for these structures. Since neither the Association nor its members claim the improvements as their property, the City may do with the monument as the Council sees fit. That is, the Council could demolish and remove the monument, ieave it as it is, or repair it. If the Council accepts that the City has ownership of the improvements, the City could incur liability in the event of an injury resulting from the monument due to the proximity of the road (as a traffic hazard) or for injury to, for example, children playing on the structure. However, I do not know whether there is anything r'1.1. C?', -167 P"2 1;, -4 Bud Osmundson July 2, 1997 Page 2 about the location or design of these improvements which would expose the City to any unusual likelihood of liability. Apart from the cost of repair of the monument and the potential for liability, there is the issue of the cost of ongoing maintenance for the improvements. The properties in the LeForet Addition are subject to a declaration of covenants which states that all building plot owners will be responsible for the maintenance of the guard house and entrance gates." If the owners of property in the Addition fulfill this obligation, the City would not have any costs for ongoing maintenance. However, this covenant is enforzeable by owners of lots in the subdivision or by the Barth Development Corporation (the original owner) against each other; it is not enforceable by the City. If you have any further questions about any of these issues, please give me a call. Very truly yours, Charles L. LeFevere CLL/cmm CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: August 5, 1997 AGENDA ITEM: LeForet Entrance Monument AGENDA SECTION: Old Business PREPARED BY: Bud Osmundson a AGENDA NO. City Engineer/Public Works Director ITEM 7 ATTACHMENTS: July 15th Executive Summary, July 2nd 11 -A- APPROVED BY: Cit Attorney Letter and "Quote" This item is before the Council after it was tabled at the July 15, 1997 meeting. City Council has many options available to them, some of which are listed below. 1. The City can declare ownership of the monuments, repair the damaged monument which would cost $2,500 - $3,500 at a minimum; then add these monuments to the City's list of assets and insure them at a cost of approximately $100 per year. This would allow the City the ability in the future to repair or demolish the monuments as deemed necessary. 2. Another option is to demolish the monuments now and not incur any further costs. The costs incurred would include City crew time to raze the monuments and have Dakota Electric install a typical residential street light at the intersection. 3. Another option is to just remove the part of the structure that has been damaged and leave the part of the monument closest to Diamond Path as is. With this option the City should insure these monuments and claim ownership, again with the ability to do what it wants in the future with the monuments. My understanding is that the homeowners association may present other options for these monuments. Regardless of the final decision made, Staff recommends that Council pass a motion directing Staff with its wishes. If it is determined to repair and claim ownership of the monuments, that should be put into the public record with a motion. RECOMMENDED ACTION: COUNCIL ACTION: 2 A CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: August 19, 1997 AGENDA ITEM: LeForet Entrance Monument AGENDA SECTION: Old Business PREPARED BY: Bud Osmundson City Engineer/Public Works P64- AGE j&1 K � M. • 7 Director ATTACHMENTS: Previous Executive Summaries and City Attorney Letter, Neighborhood letter / This item is before the Council after it was tabled at the last two Council meetings. The attached letter from the LeForet Neighborhood Association states that they want the monument repaired to its original condition prior to the accident. Staff is looking for direction as to the repair/replacement of the damaged entrance monument. RECOMMENDED ACTION: Le Foret Neighborhood Association 4450 138th Court West Rosemount, MN 55068 August 11, 1997 Cathy Busho Mayor City of Rosemount 2875145th Street West Rosemount, MN 55068-4997 Dear Mayor Busho: At a meeting of the Le Foret Neighborhood Association on Sunday, August 10, we discussed options pertaining to the Le Foret entrance monument. The concensus was that the only option is to repair the damaged monument to the condition it was in prior to being demolished by a City of Rosemount contract snowplow operator. We believe the addition of ballards at strategic points around the monument will reduce the likelihood of a vehicle destroying the structure in the future. Our association will be happy to share in the cost for the ballards. Moreover, we request that the Rosemount Public Works Department be instructed to inform Dakota Electric Association to increase the wattage of the lights at the entrance so the area will be illuminated more intensely. Once the damage is repaired, members of our association are willing to meet in committee with the City of Rosemount to ascertain a plan of maintenance, insurance, and preservation of this historic Rosemount landmark. Sincerely, J mes A. Sa J e resident Le Foret Neighborhood Association ft-