Agenda Packets - 1991/12/23 - Laserfiche WebLink

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request and order staff not to provide any services in the fu- ture, or the Council could formalize the existing situation (possibly with modifications) by entering into an agreement to provide services with certain stipulations. The option of accepting the roads as public streets causes cer- tain concerns. The primary concern is that the outlot is 40 feet in width. While the physical dimensions of the roadway are com- patible with City standards, the minimum right-of-way width for a City street is 50 feet and for a cul-de-sac a 65 foot radius. The majority of the structures in this development are at the minimum setback from the edge of the outlot. If the home owners were willing to provide the additional right-of-way to meet the City standard, then the structures would be non-conforming and var- iances would be needed. The number of driveways and widths are currently non-conforming for public street accesses. The accept- ance of a substandard right-of-way width and driveway locations could create a precedent for future developments and other existing developments with private roads. The second option of denying the request and suspending the provision of services on these roads is definitely advantageous to the City. There is no problem with liability,. City maintenance costs are reduced (albeit minimally) , and there is no precedent set. The disadvantage is that the home-owners association may take legal action against the City to force acceptance as a City street he basis of their claim would be the provision of serv- ices ro the past 9 years and the alleged comments from previous City =ersonnel . Even if the City prevailed in a lawsuit, there are legal costs and the possibility of a court determined settle- ment which may be to the disadvantage of the City. Formalizing the current situation is the third option. The bene- fits of this are the maintenance of the status-quo and the opportunity to include formal stipulations to which all parties agree. The services to be provided and the responsibilities of all parties can be delineated. Staff believes this is a fair way to addressthe s-i_tuata=on The home-owners association could obtain fee ownership and the agreement would be between them and the City. In addition to stating that the only services La be -- provided would be snow plowing of the 2 streets, pothole patch- ing, crack sealing, and an occasional chip seal at 7 to 10 year intervals; the agreement could stipulate that the home-owners association would be responsible for snow removal when conditions become unsafe along boulevards or at intersections, that the need for any future reconstruction or major maintenance would be addressed through an assessment project, and that the home-owners association would provide the City a "Hold Harmless" agreement to shield the City from liability while providing the specified services. Additional items could be included in accordance with any Council concerns.