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Item No. l • Staff Report No. Meeting Date: September 20, 1999 Type of Business: W.K. WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City. of Mounds View Staff Report 111.1=1.1111111111- To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Silver Lake Woods Condominium Assoc. Street Maintenance Agreement Date of Report: September 13, 1999 Several years ago, (in 1993)the City entered into an agreement with the Silver Lake Woods Condominium Assoc. to maintain the streets in the development, namely Lake Court Drive and Lake Court Circle. This agreement was brought about by a snow plowing incident whereby snow was being piled in the street by the private contractor and inhibiting the City's ability to perform proper snow removal operations. At the time, staff researched the as-builts and development agreement to determine why there appeared to be substandard setbacks and multiple double wide driveways adjacent that contributed to the snow storage problem. Staff discovered that the streets in this development were not designated City streets and were outlots of the development which meant that the streets were private. The agreement that accompany's this report identifies the maintenance the City will provide to the streets and what is the homeowners association's responsibility. Recently several storm sewer catch basins have been identified as requiring repairs or rehab, some more extensive than others. Staff notified the Homeowners Assoc. of the necessary repairs and offered to arrange a meeting with a contractor to identify and explain the procedures to the related parties. While the agreement identifies what the City will maintain,there was several discussion with various parties as to the interpretation of ° the agreement. Mike Burke who is the current Assoc. President and Staff have had a few conversations regarding this issue. Mr. Burke has expressed that the Assoc. has been paying utility bills all this time and there is a percentage of the bill that is utilized for system maintenance and therefor, the underground utilities should be maintained by the City. Mr. Burke spoke of a conversation that the Association's attorney related to him indicating that this was the reason the underground utilities were not addressed in the agreement when it was being drafted. Staff spoke with Jim Thompson who was representing the City at the time. Mr. Thompson stated that he could not recall such a conversation, nor did any notations he had made reflected any such verbal agreement. Staff reported this to Mr. Burke and stated that the City sells water and collects wastewater from private developments throughout the City, and does not maintain their private systems. Staff reaffirmed with Mr. Burke that the agreement spelled out what the City would maintain, and without further direction from the Administrator or City Council, staff would maintain this