Consider Initial Direction on Development of Policy for Private Improvements within Public Rights of Way

The purpose of this case is to consider a policy for private improvements as a result of new private development within public rights of way. The impetus behind the request is most recently due to a request to amend an existing center median within the Village of Sunfish Lake development. This topic has also been discussed as part of the approval process for current phases of the Brookfield residential development.

The intent is to provide broad, initial direction for the formulation of a future policy. Primarily, Staff is seeking direction on process and standards. Preliminary talking points are included in the attached framework. This discussion topic is intentionally abstract to ensure that Staff has sufficient policy direction prior to developed a more formalized and detailed policy. Additionally, a request from Sweetbay Ridge to complete a project was approved by the Public Works Committee at the January 17, 2017 meeting and approved by City Council  at the February 14th, 2017 meeting.

15 minutes.

Alternatives

Alternative 1. Make no changes to existing policy. The City has no current policy for the long term maintenance of these improvements, including design standards. The City approaches these requests on a case by case basis.

Alternative 2. Create a policy for these improvements. A policy would provide clarity to Staff, which would in turn expedite the review process and better respond to resident requests.

Alternative 3. Do not allow private improvements within public rights of way. Although the City has experienced issues with long- term maintenance of these improvements, said improvements do add value to residential neighborhoods and business districts. Part of the future policy, if directed, would be a better process on the front end to ensure a viable and sustainable entity is in place on the front end to carry through development, from the construction of homes, to the completion of the development. A significant issue of the success of the HOAs that have not sustained this transition has been lack of quality enabling documents and establishment of a management company on the front end.

This case is being handled as part of normal Staff duties.

Staff recommends that the Public Works Committee adopt a formal policy to address private improvements in public rights of way, to be developed and approved at a subsequent meeting.

Motion to recommend that the Public Works Committee adopt a formal policy to address private improvements in public rights of way, to be developed and approved at a subsequent meeting.