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cle+ f 2�dif (ea/rzade <br />MAYOR <br />Bill Biesener <br />COUNCIL <br />Jim LaValle <br />Rick Montour <br />Barbara Allan <br />John Keis <br />515 Little Canada Road, Little Canada, MN 55117-4600 ADMINISTRATOR <br />(651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson <br />www. ci.little- canada. mn. us <br />MEMORANDUM <br />TO: Mayor Biesener and Members of the City Council <br />FROM: Joel Hanson, City Administrator <br />DATE: April 6, 2006 <br />RE: Canabury Townhouse Association <br />Request for Assistance in Replacement of Private Roadway <br />Attached is the letter from Carol Wiese, President of the Canabury Townhouse <br />Association, requesting the City's assistance in the improvement of the private roadway <br />serving the Canabury Townhouse complex, Canabury Court. This request is based on the <br />difficulty of financing such an improvement for a townhouse association. The Board has <br />asked if the City would consider including the improvement of Canabury Court in our <br />2007 Street Improvements, and then financing the improvement through special <br />assessments based on our normal assessment financing policies. The townhouse property <br />owners will bear all costs financed over the City's normal assessment term and rate. It <br />should be noted that including another project may provide an economy of scale cost <br />savings for the City's 2007 Improvements. <br />One issue of concern is that the townhouse association does not own Canabury Court as <br />an entity; rather it is held in common undivided interest. This means each individual <br />property would need to be assessed its share of the improvement. Therefore, if the City <br />were to undertake this improvement, we would recommend obtaining waivers of right to <br />appeal special assessments from all property owners. The townhouse association would <br />bear the responsibility of gathering these waivers. <br />The other issue is given this is private property there is some question as to the City's <br />legal ability to undertake a special assessment of a private improvement. Staff is <br />reviewing the possibility of having a public safety access easement dedicated over this <br />area to provide a more solid legal basis for us to undertake the improvement. <br />Staff believes there is benefit to the City in undertaking this improvement since the result <br />will be that Canabury Court would be properly maintained ensuring emergency vehicle <br />