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Home My WebLink About9C Accepting Outlot B and Trail Point Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 23, 2015 AGENDA #: 9C PREPARED BY: LARRY POPPLER, CITY ENGINEER / INSPECTIONS DIRECTOR PRESENTER: LARRY POPPLER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION ACCEPTING OUTLOT B OF JEFFERS POND SECOND ADDITION AND CONVERSION OF TRAIL POINT COURT TO A PUBLIC STREET DISCUSSION: Introduction 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. History 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 2nd Addition which included the construction of the 350 foot long Trail Point Court. On December 7th, 2009, the City Council revised City Code to include section 701.900: Private Streets. This section of the City Code provided guidance and criteria for conversion of private streets into public streets. On April 5th, 2013, the City received a petition from the property owners within the Jeffers Pond 2nd 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. On May 13th, 2013, the City Council provided direction that Trail Point Court could be converted to a public street as long as it adhered to the private street ordinance 701.900. Current Circumstances Since 2013, the homeowners association for the “Hollows at Jeffers Waterfront” have been making strides toward meeting the criteria of city code. At this point, all remaining items have been completed as shown below. It is now appropriate to accept this street in accordance with the ordinance. 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 responses based on City Code. 2 “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: A petition was received in 2013 with signatures of 100% of the property owners. “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 deed transfer paperwork is prepared for this outlot and is proposed to be transferred to the City as a condition of the approving resolution. “701.903 (3) A registered land survey of the proposed public right of way must be provided to the City.” Response: A registered land survey was provided by the homeowners association. “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: Easement documents are prepared and signed by the specific property owners. These documents are recorded with Scott County although final recorded copies have not yet been received. The approving resolution provides a condition which requires final copies be received by the City. “701.903 (5) All costs associated with the transfer of the street maintenance responsibilities shall be paid by the petitioner(s).” Response: The homeowners association has paid to complete the maintenance, registered land survey, conversion of the outlot to City ownership, and completion of additional easements for roadway maintenance. “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 had performed an evaluation of the street condition and required that the street be repaired in the following ways: 1. Settlements should be repaired with curb to curb removal and replacement. 2. Cracked or chipped concrete curb should be removed and replaced. 3. A bituminous overlay or crack sealing and seal coating be performed. 4. The homeowners association agrees to perform maintenance of the landscape island within the cul-de-sac. The homeowners association has completed the above maintenance items for 3 Trail Point Court. Trail Point Court is now at a new condition with an OCI of 100. A separate maintenance agreement is prepared for the maintenance of the landscape island within the cul-de-sac. This agreement will be recorded as provided in the approving resolution. ISSUES: In 2009, the City heard several requests for conversion of private streets. In response to these requests the City added section 701.900 to the City Code which allowed for conversion of private streets if specific criteria were met. Conclusion The Hollow at Jeffers Waterfront homeowners association has complied with City Ordiance and the requirements outlined in a letter dated August 6, 2013. It is now appropriate to accept Trail Point Court as a public street. FINANCIAL IMPACT: Adding public street mileage will have minor staffing and long term maintenance implications. ALTERNATIVES: 1) Approve a Resolution Accepting Outlot B of Jeffers Pond Second Addition and Conversion of Trail Point Court to a Public Street. 2) Deny this item and provide direction to City Staff. 3) Defer this item and provide direction to City Staff. RECOMMENDED MOTION: A motion and a second for approval of alternative No. 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-xxx A RESOLUTION ACCEPTING OUTLOT B OF JEFFERS POND SECOND ADDITION AND CONVERSION OF TRAIL POINT COURT TO A PUBLIC STREET Motion By: Second By: WHEREAS, The property owners within the plat of Jeffers Pond Second Addition have petitioned the City to convert Trail Point Court shown as Outlot B within the Plat for Jeffers Pond Second Addition, to a public street maintained by the CITY; and, WHEREAS, The property owners within the plat of Jeffers Pond Second Addition have complied requirements of City Code section 701.900. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City of Prior Lake hereby accepts Outlot B of the Plat for Jeffers Point Second Addition. 3. The City of Prior Lake hereby accepts Trail Point Court as a public street. 4. The Mayor and City Manager are authorized to sign a maintenance a greement for the cul-de-sac island. 5. City maintenance of Trail Point Court will begin immediately after the following items are recorded with Scott County and copies of the recorded documents are received by the City: a. The transfer of the deed for Outlot B of Jeffers Pond Second Addition b. Easements for street maintenance c. The maintenance agreement for the cul-de-sac d. Title work for Outlot B and easements for street maintenance PASSED AND ADOPTED THIS 23rd DAY OF NOVEMBER 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager