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Home My WebLink About10B Trail Point Court O � PRIp � � U t:y 4646 Dakota Street SE `�INxeso'��' Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MAY 13, 2013 AGENDA #: 10B , PREPARED BY: LARRY POPPLER, CITY ENGINEER / INSPECTIONS DIRECTOR PRESENTER: LARRY POPPLER AGENDA ITEM: CONSIDER APPROVAL OF A REPORT AND PROVIDE DIRECTION ON THE CONVERSION OF TRAIL POINT COURT FROM A PRIVATE STREET TO A PUBLIC STREET DISCUSSION: I ntroduction The purpose of this agenda item is to review the conversion of Trail Point Court from a private street to a public street. Trail Point Court is within the Jeffers Pond Development and is located off of Jeffers Pass near the Jeffers Pond Elementary School. Histo In 2005 the City Council approved the planned unit development (PUD) of Jeffers Pond. This PUD included several private streets including Trail Point Court. In 2006 the City approved the final plat for Jeffers Pond 2" Addition which included the construction of Trail Point Court. On December 7 2009, the City Council revised City Code to include section 701.900: Private Streets. This section of the City Code provides guidance and criteria for conversion of private streets into public streets. On April 5 2013, the City received a petition from the property owners within the Jeffers Pond 2" Addition plat requesting the City to convert Trail Point Court into a public street. The petition was signed by 100% of the property owners within the plat. Current Circumstances In order to complete the conversion of this 350 foot private street to a public street, the applicants must perFormed work according to City Code Section 701.900. Before the applicants undertake this costly effort, City Staff felt it appropriate to discuss this topic and ramifications with the City Council. City Code 701.900 is specific about the criteria for the conversion of private streets. City Staff have reviewed this request and provide the following observations to this request based on City Code. "701.903 (1) Any petition requesting a Private Street be adopted as a Public Street must include the signatures of 100% of the property owners having interest in the roadway." Response: This section of the City Code has been satisfied. "701.903 (2) Ownership of the existing right of way or required easements must be transferred to the City. " Response: The current private roadway is located within an outlot. The ownership of this outlot should be transferred to the City to comply with City Code. "701.903 (3) A registered land survey of the proposed public right of way must be provided to the City. " Response: This section of the City Code has not yet been satisfied. ' "701.903 (4) The existing right of way or easements shall be a minimum of 40 feet in width and shall be reviewed by the City Engineer to determine whether � additional width is necessary for street maintenance. Any costs associated ' with providing the necessary right of way shall be the responsibility of the petitioner(s). " Response: The existing outlot width is 32 feet. An additional roadway easement in the amount of a minimum of 4 feet on both sides of the roadway is needed to satisfy this condition. Staff recommends an additional 10 feet of roadway easement be dedicated to the City for snow storage. "701.903 (5) All costs associated with the transfer of the street maintenance responsibilities shall be paid by the petitioner(s)." Response: The City Council should discuss if a one-time contribution should be made by the petitioners to cover the additional maintenance responsibility. If this direction is given, City Staff would calculate the annual maintenance cost and determine the appropriate one-time contribution necessary to cover this expense. "701.903 (6) An evaluation of the street and condition shall be completed by City Staff prior to acceptance. The City Council may require upgrade of reconstruction of the street prior to acceptance by the City at 100% cost to the petitioners. If upgrade or reconstruction is not required the street shall be included in the City's standard maintenance policy for maintenance. " Response: City Staff have performed an evaluation of the street condition. The following are observations and recommendations 1. The street width of 32 feet is in compliance with City standards 2. Curb and gutter is in place and stormwater requirements were met during initial installation. 3. It appears that very little maintenance has occurred since the street was installed. This has led to a number of issues that can now be seen in the pavement. The cracks are unusually wide for a street of this age. Water intrusion through these cracks has led to settlements. Settlements should be repaired with curb to curb removal and replacement. Prior to marking the settlement areas, core samples of the pavement and aggregate depth should be performed to determine if they meet City standards. 2 4. Cracked or chipped concrete curb should be removed and replaced. 5. Crack sealing and seal coating is overdue and should be performed prior to City acceptance or funds for this purpose should be given to the City. If this street is not accepted by the City, it is strongly encouraged that the homeowners perForm this maintenance on the street during the summer of 2014 as any delay will further damage pavement conditions. 6. The cul-de-sac includes a parking and landscape area which are typically not allowed in public st�eets. Two alternatives are available: a. Removal of the parking area and landscaping island to comply with City cul-de-sac standards. The removal is further complicated because of the installation of a fire hydrant and catchbasin inlets. In order to remove the island, the entire cul-de-sac area would need to be removed, re-graded, and the fire hydrant relocated. � b. Allow the landscape area. However, maintenance of the landscape area shall be completed by the homeowners association including mowing, irrigation, and removal of snow around the fire hydrant. During the winter the City would not plow the parking area due the need for specialized equipment. ISSUES: The Jeffers Pond area is a Planned Unit Development (PUD). The purpose of a PUD is to offer an alternative to standard development in order to offer the developer greater flexibility and provide a greater value to the community. In Jeffers Pond, the developer provided additional public amenities, such as the parks and the fire station site. In return, the developer was allowed private streets with reduced widths, reduced setbacks, smaller lot sizes, and additional units. Together, all of these concessions mean greater density and therefore return on investment for the developer. In addition to providing developable area, the use of private streets also reduces City street maintenance costs. In the case of Trail Point Court, development of a public street instead of a private street would have resulted in a different development. Had Trail Point Court been platted as a public street, the setbacks would not have allowed for the current plat configuration. A public street would have meant lots would have only been allowed on only one side of the street, effectively halving the density on Trail Point Court. Setbacks along private streets also differ from setbacks along public streets. The current PUD allows structures along Trail Point Court to be setback 25' from the curb line; on a public street, the setback is measured from the right-of- way line, which is generally 5-10' from the curb. If converted to a public street, this means houses along Trail Point Court will be located a minimum of 4' closer to the public right-of-way. Before accepting this street as a public street, the Council should evaluate whether the intent of the PUD will remain intact. A builder controls 13 of the 21 lots on this block. The remaining 8 parcels are owner occupied. In some respects, it seems like the developer/builder gets all the benefits of a PUD and after approval or at least before build out requests that the property be changed to characteristics more akin to a conventional property. Conclusion City Staff recommends that the if the City Council believes that the street should be converted to public, then the criteria contained in the city code section 701.900 and recommended by staff in this report should be required. 3 FINANCIAL Adding additional public street will have minor staffing and long term IMPACT: maintenance implications. Trail Point Court is only 350 feet long so it's maintenance in and of itself will not have a significant impact on the personnel, equipment and supplies needed to maintain the street. Over time however as these requests become more common there will ultimately be an impact upon the city's operating expenses and very likely the property tax levy. ALTERNATIVES: 1) Approve the report and direct the staff to prepare a letter to the petitioner setting forth the conditions for conversion of the street from private to public. 2) Deny this item and provide direction to City Staff. 3) Defer this item and provide direction to City Staff. 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