2014-12-15 CC Agenda Packetlberty� ij� Mayor and Council Request for Action
December 11, 2014
SUBJECT: LEGAL — CITY MAINTENANCE OF HUNTERS PASS PARK AND SIDEWALKS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION To: Adopt Resolution 2014-046, entitled a Resolution Providing for City
Maintenance of the Park and Sidewalks in the Plat of Hunters Pass.
BACKGROUND: In 2005, the City approved the plat and developer's agreement for the plat of
Hunters Pass. The developer's agreement called for the Homeowners' Association to maintain
the park, sidewalks, trails, and cul-de-sac islands. The Association has been maintaining the
park, but has struggled to do so and the City has been maintaining the sidewalks. The
Association has asked the City to take over maintenance of the park and they understand that the
Association needs to continue to maintain the trails and cul-de-sac islands. City staff believes
that the City can take over maintenance of the park and sidewalks, but does not believe it would
be practical for the City to take over maintenance of the wood chip trails that run through the
back yards or the cul-de-sac islands which are landscaped according to Association standards.
The original park facilities were installed by the Developer approximately ten years ago. City
staff believes that as the park facilities (currently consisting of a gazebo, swingset/playground
equipment and a parking lot) age, the Association will not be able to adequately maintain or
replace these items.
The only situation similar to this was Towne Lakes, where the Homeowners' Association
currently maintains the trails, but was only required to maintain the parks and park equipment for
five years (the Towne Lakes Association was never required to maintain the sidewalks, but has
chosen to supplement snow removal). The City has been maintaining the parks in Towne Lakes
for several years now.
It is anticipated that maintenance of the park and sidewalks will be no greater burden on the City
than the parks and sidewalks in other neighborhoods that the City is currently maintaining.
KEY ISSUES:
• Currently the Hunters Pass Homeowners' Association is required to maintain the park
and sidewalks in the plat.
• By agreement the Hunters Pass Association is required to maintain sidewalks, but the
City has been doing so for years.
• The Hunters Pass Association is the only Association in the City maintaining a public
park.
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Meeting Date: December 15, 2014
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Mayor and Council Request for Action —December 15, 2014
City Maintenance of Hunters Pass Park and Sidewalks Page 2 of 2
• Having the City take over maintenance of the park in Hunters Pass will increase the work
load on the City's public works department.
• The Hunters Pass Association will need to continue to maintain the landscaped islands in
the cul-de-sacs and the neighborhood trail system.
• The Parks Committee has reviewed the request and recommends that City take over
maintenance of the park.
POLICYTRACTICES CONSIDERATIONS: The City is not obligated to take over the
maintenance of the Hunters Pass park and sidewalks. However, City staff believes that the City
can maintain these facilities better than the Association can, and that the City maintenance of
these facilities would put the Hunters Pass homeowners in the same position as all other tax
payers in the City in that their tax dollars will help to maintain the park and sidewalks in their
neighborhood, which is not currently the case. Because the parks and sidewalks are still in good
condition, taking them over now does not require a large capital expenditure to improve the
facilities. This may not be the case in another ten years. If these facilities deteriorate in the
future, there will likely be public pressure for the City to take these facilities over, but this will
likely be much harder to do if the facilities will require significant investment to restore them to
an acceptable condition.
FINANCIAL CONSIDERATIONS: City maintenance of the park will increase the
maintenance burden on the City's Public Works department by an incremental amount. The
additional cost of this maintenance is difficult to estimate and quantify. City staff does not
expect that the maintenance of the Hunters Pass Park and sidewalks will be any more difficult or
expensive than maintenance of parks and sidewalks in other neighborhoods in the City.
LEGAL CONSIDERATIONS: The City Council can waive a requirement in the Developer's
Agreement that runs in its favor. The current requirement that the Homeowners' Association
maintain the park and sidewalk can be waived by the City. once waived, however, it is unlikely
that the City would be able to again require the Homeowners' Association to maintain the park
and sidewalks.
Responsible Person/Department: Mike Couri, City Attorney
Adam Nafstad, City Administrator-PWD
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Resolution 2014-046
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Meeting Date: December 15, 2014
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION # 2014-046
RESOLUTION PROVIDING FOR CITY MAINTENANCE
OF THE PARK AND SIDEWALKS IN THE PLAT OF HINTERS PASS
WHEREAS, the City of Albertville ("City") has entered into a Developer's Agreement pertaining
to the plat of Hunters Pass, said Developer's Agreement having been recorded as document number
984963 at the Wright County Recorder's office ("Developer's Agreement"); and
WHEREAS, Paragraph 1.I of the Developer's Agreement requires the Homeowners' Association
to maintain the park and sidewalks located in the Hunters Pass plat; and
WHEREAS, experience over the past nine years has shown that the Homeowners' Association is
not able to maintain the park and sidewalks to the same standard and with the same consistency that
the City maintains other parks and sidewalks in the City; and
WHEREAS, the Homeowners' Association has requested that the City commence maintenance of
the Hunters Pass park and sidewalks; and
WHEREAS, the City Council has determined that it would be in the best interests of the residents
of the City and of Hunters Pass if the City maintained the Hunters Pass park and sidewalks;
NOW, THEREFORE, be it resolved by the Albertville City Council:
1. Effective January 1, 2015, the City of Albertville shall relieve the Hunters Pass
Homeowners' Association of its obligation to maintain the Hunters Pass park and sidewalks
as set forth in paragraph 1.I of the Developer's Agreement, and such park and sidewalks
shall thereafter be maintained by the City.
2. All other obligations of the Hunters Pass Homeowners' Association as set forth in the
Developers' Agreement shall remain unchanged.
Adopted by the Albertville City Council this 15th day of December, 2014.
ATTEST:
Kimberly A. Olson, City Clerk
Jillian Hendrickson, Mayor
Agenda Page 24