Springville debates options on subidivision streets

Published 12:05 pm Thursday, April 8, 2010

Springville is trying to decide what to do about the roads surrounding The Gardens subdivision, while not setting a precedent of putting in roads for other communities.

The town’s leaders met Monday to go over the nearly-a-decade problem of the entryway to The Gardens.

The city council pondered over several letters and emails regarding the property that involved the city, the developer and residents of the subdivision. The main issue relates to turn lanes in and out of the subdivision and whether the city or the developer or residents should take over the installation of streetways in and out of the area.

Councilman Wayne Tucker pointed out that current specs of the turn lanes are not up to the Alabama Dapartment of Transportation standards. Councilman Brain Skinner said that the documentations regarding the property show that there needs to be a turn lane put in, but the contention arises as to what place the city has in the matter.

The problems arise when it comes to who should fund the project. Skinner pointed out that no matter what course of action is taken, the alternatives are not good for the property owners or the city, because of the estimated $120,000 needed to bring the base road up to standard before any paving or striping could take place.  There is only $47,000 to spend on the project.

Councilwoman Katrina Hennings, who took over from Isley in representing the district after last year’s election, said that she is “constantly” talking to developers and property owners about issues such as the need for paving new subdivisions in that area.

City attorney James Hill said that the unfinished streets in The Gardens set up a scenario that could put the city into debt.

Hill said that there are three options:

1) The city could get a portion of the money needed to pave the roadways from bonds, accept the streets and use the bond money to fix the problem. But that sets up the precedent of paving unfinished roads on every street in the city and could be seen as a public expenditure on private property, which is not legal in Springville’s bylaws.

2) There is a statute that says that Springville can take the street on and build a road and assess property owners for the amount it will take to pay for the paving. But in order to get that done a lein would be put on the homes of non-paying property owners and if they were not able to pay their share of the costs, the money would have to be paid back over time, with interest, to the city.

Another problem that arises with that option is that if just a few owners want that option, then the precedent would be set for the city to take that kind of action on any street in Springville.

3) The most straightforward but unpleasant option for homeowners of home in The Gardens is to get the money upfront for the project from residents and then go ahead with the project.

Hill said that a lawsuit regarding the manner is unlikely, since the issue comes down to the adjacent property owners or the developer to complete needed regulations and bring the subdivisions’ roads up to code.

Councilman Skinner brought things in to perspective during Monday’s work session. He said that if the neighborhood association would take control of the street that it might provide more options. “At that time we could go back after the developer. At some point in time we’ve got to bite the bullet. At some point in time [the roads] have to be fixed.”

Councilman Tucker and attorney Hill countered by saying that by taking in the streets then the city would violate its own ordinance and any action would be against the law.

In 2002 the $47,000 already on the books for the project might have been enough to get the job done, but the cost of pre-mixed road concrete has doubled, thus making the project one that the city will have to take a hard look at soon.

No action was taken Monday night; however all those involved said that getting thoughts from the homeowners in the coming days would go a long way to seeing what can be done.