HomeMy WebLinkAbout9B - Maintenance of Private Streets
AGENDA ITEM:
CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 701 OF
THE PRIOR LAKE CITY CODE WITH RESPECT TO MAINTENANCE OF
PRIVATE STREETS
DISCUSSION:
Introduction
The purpose of this report is for the City Council to consider an ordinance
amending Section 701 of the Prior Lake City Code related to maintenance of
private streets.
Historv
On October 19, 2009 the City Council approved a report with regards to creation
of a Private Street Maintenance Ordinance.
Current Circumstances
Staff has prepared an ordinance amendment to Section 701 of the City Code
"Public Ways and Property" for City Council consideration.
ISSUES: In order to prevent resident confusion and clarify City Maintenance of private
streets it is necessary to codify policies and procedures.
ALTERNATIVES: The alternatives are as follows:
1. Approve an ordinance amending Section 701 related to Private Street
Maintenance.
2. Deny this item for a specific reason and provide Staff with direction.
3. Table this item until some date in the future.
RECOMMENDED Alternative 1.
MOTION:
ReView'}j t
Frank SaYler:; Ma
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Phone 952.447.9800 / Fax 952.447.4245
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 109-xx
AN ORDINANCE AMENDING SECTION 701 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that Section 701 of the
Prior Lake City Code is hereby amended to add the following language:
701.900: PRIVATE STREETS:
701.901 Private Streets Identified:
(1) All streets identified as orivate on the Citv's Official Street Mao shall be
considered orivate for maintenance ourooses.
(2) The followina streets shall be considered orivate:
a. Streets contained within outlots or lots under orivate
ownershio as detailed in Develooment Contracts with the Citv
b. Streets contained within outlots or lots under orivate
ownershio without a oublic riaht of wav or roadwav easement
c. Streets or drivewavs constructed within oublic riaht of wav under a
"Private Use of Public Prooertv" oermit
d. Streets olatted as "Drive". "Drivewav" or "Road" without
reference to Citv or oublic dedication on the olat unless currentlv
maintained or formallv acceoted bv Citv Council Resolution
701.902: Citv Maintenance of Private Streets: Citv Maintenance on Private
Streets shall be limited to the followina:
(1) Reoair of damaae directlv due to the Citv's maintenance of trail. water.
sanitary sewer and storm water svstems.
(2) Maintenance as detailed in written aareements that demonstrate thev
were aooroved bv resolution bv the Citv Council.
(3) Snow removal for access of utilities shall be limited to emeraencv
situations onlv.
(4) Aoolication of winter maintenance ice control and snow removal
measures shall not be done on orivate streets unless reauested bv the
Fire Chief or Police Chief for emeraencv vehicle access.
701.903 Process to Petition for AdoDtion of Private Street as Public Streets
(1) Anv oetition reauestina a Private Street be adooted as a Public Street
must include the sianatures of 100% of the orooertv owners havina.
interest in the roadwav.
(2) Ownershio of the existina riaht of wav or reauired easements must be
transferred to the Citv.
(3) A reaistered land survev of the orooosed oublic riaht of wav must be
provided to the Citv.
(4) The existina riaht of way or easements shall be a minimum of 40 feet in
width and shall be reviewed bv the Citv Enaineer to determine whether
additional width is necessary for maintenance of the street. Anv costs
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associated with orovidina the necessarv riaht of wav shall be the
resoonsibilitv of the oetitioner(s).
(5) All costs associated with the transfer of the street maintenance
resoonsibilities shall be oaid bv the oetitioners.
(6) An evaluation of the street and condition shall be comoleted bv Citv Staff
orior to acceotance. The Citv Council mav reauire uoarade or
reconstruction of the street orior to acceotance bv the Citv at 100% cost
to the oetitioners. If uoarade or reconstruction is not reauired the street
shall be included in the Citv's standard maintenance oolicv for
maintenance.
(7) Whether to aoorove or denv the oetition for a orivate street to be
acceoted bv the Citv and thereafter considered "oublic" is within the sole
discretion of the Citv Council.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this ih day of December, 2009.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 1 ih day of December, 2009.
Drafted By:
City of Prior Lake Public Works Department
17073 Adelmann St. S.E.
Prior Lake, MN 55372
RICouncil12009 Agenda Reportsl12 07 0910rd 701 amendment doc