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Home My WebLink About20090908 - VIII-A-1MEMO To: Honorable Mayor and City Council From: Tom Montgomery Date: September 3, 2009 Re: Habitat for Humanity Homeowners' Association Request for City to Take Over Access as Public Right of Way Enclosed for Council consideration is a request from the Hastings Habitat for Humanity Homeowners' Association for the City to take over ownership and maintenance responsibilities for the private drive and cul-de-sac off of Pleasant Drive that serves as access for the Habitat for Humanity development. BACKGROUND The Hastings Habitat for Humanity development off of Pleasant Drive was developed in two phases. The first phase, the Hastings Housing Coalition plat, consisted of the first four units adjacent to Pleasant Drive. The private drive access for these units was included in the outlot for the remaining undeveloped phase of the property. The second phase, the Pleasant Acres 1st Addition plat, consisted of four additional units on the lower level accessing Pleasant Drive and three units off of the North Frontage Road. The private drive access for all of the lower units was included in the new Please Acres 1st Addition plat. I have enclosed copies of the plats and a drawing delineating the two phases of the development for your information. The seven units of Pleasant Acres 1st Addition form the Hastings Habitat for Humanity Homeowner's Association. Because the road access was included in the Pleasant Acres 1st Addition plat, the homeowners' association pays the entire private drive access maintenance costs -the four units in the first development phase do not contribute towards the private drive maintenance expenses. The attorneys for the homeowners' association and the original four units constructed in the first development phase have not been able to reach an agreement on sharing private drive maintenance expenses. They are now proposing a possible solution to the problem in which the City would take over the private drive as public right of way and assume all maintenance expenses. /~~^M1 ' y .Mr- ~ _u~w-r ~~...~ max. .,,~ ~~._ ~~ ~ ~ ~ ~ ~~ ,,. ,~~ ` ~ ~~ s ,r ~" 4 ~ ~~ S ~ ~~ ~~~5~~ RECOMMENDATION City staff is strongly opposed to assuming ownership and maintenance responsibilities for the private drive. We view a City take over of the private drive as an easy solution for the private property owners involved in difficult private ownership (non-public) dispute. Atypical public right of way residential street would be platted with a 6o ft. wide right of way and the road would be constructed to a 32 ft. width, leaving 14 ft. on either side of the road as boulevard area for snow storage, utility lines (power, gas, phone, and cable), road signage, and street lights. In addition, all homes must be set back 20 ft. from the property line - which is 34 ft. from the curb. Private drives are typically constructed as part of developments as a way to maximize unit densities and development of a site. The street width is typically narrower (the Habitat development private drive is 28 ft. wide) with no boulevard area. Homes are typically set back 20 feet from the back of the curb. If the City were to take over ownership of the private drive, an additional ~ feet of the front yards on both sides of the road would need be included in the City's right of way to allow for snow storage and cover area that would be disturbed by the eventual replacement/reconstruction ofthe private drive. A quick review of multi-family developments in the City turned up l08 other private drives of similar length or longer throughout the City. Staff is concerned about adding additional maintenance responsibilities and trying to maintain a street in a substandard right of way with homes very close to the roadway. A major concern is the potential for the remaining l08 private drives in the City asking for similar treatment. In assuming ownership of the private drive, the City is agreeing to maintenance duties and costs including snow removal, ice control, street sweeping, sign maintenance, and street patching, crack sealing and sealcoat pavement maintenance duties. Eventually, the City would also end up subsidizing major reconstruction expenses. COUNCIL ACTION REQUESTED Council is requested to deny the request from the Hastings Habitat for Humanity Homeowners' Association to take over ownership and maintenance responsibilities for their private drive. MAY & O'BRIEN, LLP 204 SIBLEY STREET, SUITE 202 HASTINGS, MN 55033 George L. May's Terence G. O'Brien, fir. Telephone: (651) 437-6300 Facsimile: (651) 43'7-6572 Web: www mayobrien.com Paralegals: IJuAnn N. Roiger Deborah J. McCoy August l?, 2x09 Mayor, City Council Members, and City Administrator City of Hastings i0i Fourth Street East Hastings, MN 55033 Re; Hastings Habitat for Humanity Homeowner's Association Inc. Dear Mayor, City Council Members, and Mr. Osber ; g As attorney for the Hastings Habitat for Humanit Homeowner's Y Association, Inc., I request on behalf of the Homeowner's Association to be put on, the September 8 X009 Cit ' r ~ y Council Meeting Agenda to request that the City of Hastin s take over the g ownership and maintenance responsibilities for the rivate street and cul de sac locat p ed within the Pleasant Acres First Addition to the City of Hastings, Thank you. GLM;lnr -----_ _ ~ r t-ru . _..._ ._ .....___ __ y y yours, •' 14w cc: Hastings Habitat for Humanity Homeowner's Association Thomas R. Donely, Esq. Ruth E. Honkanen, Esq. Michael J. Dwyer, Esq. 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Alk LL'41+MT rwwl'S('# . ~ f ' ~ ~ L ~ ~, r J~, ~~~ I ?5'I rJ ~ ~ •_~ ~ I ~i S_3 I ~ L+ L+ I I I L•I ~~ . ~ e .~ ~ ~e ~' ~r• ~ ~ n+ . .~. .-~.~e-~~ .. • ....J - ,~ ~~__ ,~ F ..e~ ~ . ,{ ~ ~ • ~ '~. __ ~4 .tea : rlo... a~ ; 5 ~ a. g -; ~" ~` .. a ~ , a ~:::, - = 1 ~.. .. ,. .. 6L 1 ~ • 5 ~. 7 ~`` ~. rte` 1 • •-.. X7591 I# .~~'d . . ~~ ®A ~Ili'N }b IE~.'L.~ 115 11 ~s,e~s~ ~ liyger• re~,,d. x:51 Hastings Housing Coalition Plat -Only first four lots off of Pleasant are platted (The 1 St Habitat for Humanity housing development); the road and remaining property is left as outlot. Pleasant Acres First Addition Plat - Remaining lots are now platted and the road that serves both this plat and the previous Hastings Housing Coalition plat is platted as an outlot as part of the Pleasant Acres First Addition plat (The 2nd Habitat for Humanity housing development).