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Agenda Section: 9.5 <br /> OIC s REQUEST FOR COUNCIL CONSIDERATION Report Number: 91-129C <br /> STAFF REPORT Report Date: 12-19-91 <br /> ICES Council Action: <br /> ❑ Special Order of Business <br /> CITY COUNCIL MEETING DATE December 23 , 1991 ❑ public Hearings <br /> ❑ Consent Agenda <br /> XI Council Business <br /> Item Description: <br /> Request for the City to accept Lake Court Drive and <br /> Lake Court Circle as Public Streets <br /> Administrator's Review/Recommendation: <br /> - No comments to supplement this report <br /> - Comments attached. <br /> Explanation/Summary (attach supplement sheets as necessary.) <br /> SUMMARY: <br /> The extreme amount of snow this year created unsafe conditions on <br /> Lake Court Drive and Lake Court Circle within the Silver Lake <br /> Woods Townhome development. After discussing the situation with <br /> the home-owners association, we reviewed the development files to <br /> determine if there were any plat restrictions or covenants re- <br /> garding the issue of maintenance of the many driveways. In re- <br /> viewing the plat, we discovered that the 2 roadways (Lake Court <br /> Drive and Circle) were platted as an outlot and that these roads <br /> had not been dedicated as City streets. <br /> We contacted the fee owner listed in the tax records to determine <br /> their concerns. The tax records showed Kraus-Anderson as the fee <br /> owner; subsequently we found that the outlot had been transferred <br /> to Mary Anderson homes. The developer (Mary Anderson Homes) <br /> indicated they were of the understanding that the City had pre- <br /> viously agreed to provide City services on the streets in ques- <br /> tion. Attached is a letter from Marlin Grant of Mary Anderson <br /> Homes and a letter from the Silver Lake Woods Home-owners Asso- <br /> ciation explaining the situation and requesting that the City <br /> accept these streets as Public Roads. <br /> Staff has concerns with the current situation of providing snow <br /> ---plowing—and—maintenance services on a private road. The concerns <br /> are liability of our actions in performing services outside of <br /> City property and the precedent which may e se providing -- <br /> services on a private road. The possibility of other developments <br /> with private roads (such as Scotland Green or the mobile home <br /> parks) wanting services to be performed by the City is a very <br /> real . There have been requests in the past for us to provide <br /> services to these areas. <br /> Staff has discussed the situation and the request from Mary <br /> - — <br /> AndersonHomesand the Silver_ Lake Woods Home-owners- Association. <br /> - <br /> There appears to be 3 basic options for the City. The Council <br /> could accept the roads as requested, the Council could deny the <br /> (continued) <br /> RECOMMENDATION: <br /> Staff recommends that the City Council authorize the Mayor to <br /> enter into an agreement to provide snowplowing and minor street <br /> maintenance services as outlined above. <br />