11-09-2015 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES CITY COUNCIL NOVEMBER 9, 2015 City Attorney Kelly confirmed that the law does not allow public money to be used for private streets. The Associations declarations state that they are private streets. Fischer noted that he also lives in a townhome association and has the same situation. He stated that the city does not tax "a la carte" and has the same obligation to everyone. People pay taxes for the greater good of the community. McGraw asked Johnson if the association was willing to bring their streets up to city standards. He also questioned why should the city maintain substandard streets when everyone else had to pay for a standard street. He stated that he is not in favor of reimbursing the association. Jim Winberg, president of the Cobblestone Village Association, stated that when he was reviewing notes from this development, it started out with 40. buildings, then down to 38, but only 34 buildings were eventually built. He asked if the city was sure that the streets are not up to code. There is the question of how wide the cul-de-sacs are and the front setback for the homes from the street. He said he's not sure if it's a given that they streets aren't up to code since the development shrank which could have left more space for streets. After 20 years of the development existing, the association conceivably has built up a maintenance reserve from the city that could be enough to bring the streets up to code. The main issue isn't plowing, it's the street maintenance. City Attorney again stated that the city cannot use public funds for private enterprise. Torkelson noted that the sign at the entrance to this neighborhood states that it's a private area. Do the homeowners want everyone driving FA but they are paying taxes, the city should reimburse the association for MAINTENANCE street maintenance and snow plowing costs that are not spent in their COSTS FOR development that are part of property tax payments. PRIVATE STREET— Mayor Keis noted that it is not unusual to have private streets in COBBLESTONE townhome developments that do not meet city standards. If the city does VILLAGE — this for Cobblestone Village, it would have to reimburse all the JAMES JOHNSON associations. He pointed out that everyone pays taxes towards the schools even though they may not have kids in school. Also, everyone drives on other city streets to use theirs. The City Administrator stated that this has been discussed before and it's an equity question. It's difficult to break down specific costs of street maintenance and plowing per property given the variables at play. The City cannot legally just pay out money — it has to be for a public purpose. City Attorney Kelly confirmed that the law does not allow public money to be used for private streets. The Associations declarations state that they are private streets. Fischer noted that he also lives in a townhome association and has the same situation. He stated that the city does not tax "a la carte" and has the same obligation to everyone. People pay taxes for the greater good of the community. McGraw asked Johnson if the association was willing to bring their streets up to city standards. He also questioned why should the city maintain substandard streets when everyone else had to pay for a standard street. He stated that he is not in favor of reimbursing the association. Jim Winberg, president of the Cobblestone Village Association, stated that when he was reviewing notes from this development, it started out with 40. buildings, then down to 38, but only 34 buildings were eventually built. He asked if the city was sure that the streets are not up to code. There is the question of how wide the cul-de-sacs are and the front setback for the homes from the street. He said he's not sure if it's a given that they streets aren't up to code since the development shrank which could have left more space for streets. After 20 years of the development existing, the association conceivably has built up a maintenance reserve from the city that could be enough to bring the streets up to code. The main issue isn't plowing, it's the street maintenance. City Attorney again stated that the city cannot use public funds for private enterprise. Torkelson noted that the sign at the entrance to this neighborhood states that it's a private area. Do the homeowners want everyone driving FA