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<br />City of La Porte <br /> <br /> <br />Interoffice Memorandum <br /> <br />From: <br /> <br />John Joerns, Interim City <br /> <br /> <br />To: <br /> <br />Mayor and City Council <br /> <br />Date: <br /> <br />May 21,2007 <br /> <br />Subject: <br /> <br />City Council Agenda, May 21; Items 18 & 19 <br /> <br />· After meeting with Knox and Clark last Thursday, I have fewer concerns than I had before about <br />the long term legal issues of a "public alley." <br />· However, if Council wishes to have input or (establish) this policy decision they may wish to <br />consider further direction tonight. <br />· First the Council'S package information is correct in that; <br />o Within a PUD, approvals can be given that deviate from the City's standards. <br />· The SCUP as presented tonight states that the alleys are proposed by the developer to be public <br />with either: <br />o the homeowners maintaining them or; <br />o the PID' s maintaining them <br /> <br />· This decision without input from Council tonight would be deferred to the future in one of several <br />ways: <br />o To possibly P&Z that meets tomorrow on the preliminary plat and later would meet to take <br />action on a fmal plat. <br />o This action would riot come back to City Council without Council requiring so in the SCUP <br />o And the City Attorney's Office, if the decision is to have the alley in the public domain, <br />wants special dedication language on the plat-which could be considered and approved by <br />P&z. <br /> <br />If Council prefers a policy that has the PID maintaining the alley, that is permissible only if it is dedicated <br />to the public. This would be a separate PID carve out. <br /> <br />In either case as the SCUP is written, the choice ofHOA or PID maintenance is deferred downstream to a <br />referenced "development agreement to be approved by the City." It's unclear as to who that authority is, <br />whether it is a staff member or .....? <br /> <br />If Council wishes to be that approving authority, this should also be placed in the SCUP. <br /> <br />The other related documents to be returned are in the same situation. <br />· Covenants and Restrictions <br />· Developers Agreement (none exists for the other sections of Lakes at Fairmont Greens) <br /> <br />I met with Mr. Sabo and Clark Askins this morning and Mr. Sabo will have some language for Council's <br />consideration regarding the SCUP. <br /> <br />JJ :cns <br />