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AGENDA ITEM Item No.: 11 Date: September 10, 2018 Item Description: Orono Oaks Private Road Maintenance Presenter: Adam T. Edwards Agenda Public Hearing Director of Public Works/City Section: Engineer 1. Purpose. The purpose of the council action is to address the lack of maintenance and safety issues with Orono Oaks Drive. 2. Background. Orono Oaks Drive is a private road with in the City of Orono. Per the Declaration of Covenants, Conditions and Restrictions for the Orono Oaks Association, Inc, dated November 30t'', 1978, the homeowners association (HOA) is responsible for the maintenance of the roadway and the stormwater/ drainage improvements. The covenants and easements do allow for the City to intervene if the HOA fails to maintain the street and drainage (Exhibit A). A resident raised concerns with the conditions of the road to city staff (Exhibit B). Staff inspected the roadway and found that the roadway had been compromised by a partially excavated culvert. This excavation presents a safety risk to the public. The pavement is in poor condition and should be repaired/ replaced. Vegetation is growing over the side of the paved road along some segments of the road. The cul-de-sac has been encroached by the abutting wetland, assumedly because of the failed culvert. City staff and Council discussed the issue at the August 27' Work Session. Notice of a Public Hearing for September 10' were published and a letter sent to each homeowner within the development (Exhibit C). 3. Issues. a. The partially excavated roadway poses a safety hazard to the public and could hamper the ability of emergency and service vehicles to access the residences at the end of the road. b. The pavement and right of way is in need of repair and maintenance. 4. Options. a. The City could make emergency repairs to replace the culvert and path the street above it. b. The City could replace the pavement/ repair the culvert and manage the vegetation in the right of way. c. If petitioned by the residents, the City could make the road a public road. In doing so the road would be brought up to current City standards with all necessary repairs being made. While initial expenses might be borne by the residents of Orono Oaks, the long term maintenance including winter maintenance would then be borne by the City. 5. Process. Should the City decide to take action the process is outlined in Section 14 of the covenants (Exhibit A) In summary the city can: a. Step 1. Hold a public hearing to define the procedures for the HOA to correct any deficiencies. b. Step 2. If the HOA does not correct the deficiencies within 30 days the city can correct the deficiencies and bill the HOA. c. Step 3. If the HOA does not pay the bill the City may assess the residents. 6. Staff Recommendation. Staff recommends the HOA and council agree upon a procedure to repair the culvert and associate hole in the pavement as soon as possible. COUNCIL ACTION REQUESTED 1. Establish produces to repair Orono Oaks Drive in accordance with the development covenants. 2. Move to direct staff to repair the culvert and associated pavement should the HOA fail to do so. Prepared By: Reviewed By: Approved By: -TV