Troy board considering repairs to private street

TROY – The Troy Board of Aldermen is considering a proposal that if approved, could pave the way for the city to repair private streets and driveways.

During a recent work session, the board agreed to determine the costs to replace a culvert on Dana Avenue off Highway J.

While the street is inside the city limits, it’s one of many privately owned drives in Troy that the city does not maintain.

Alderman Dennis Detert, whose daughter lives in one of the three houses on Dana Avenue, has been lobbying the city since December, five months prior to his election to the board, to replace the culvert.

He has argued the street is a public one and not a private drive, and the absence of records indicating a dedication to the city doesn’t mean it didn’t happen.

However, as discussed at the work session, city officials in 2007 released a list of privately owned drives and streets in Troy. There were 22 streets listed, including Dana Avenue.

Detert mentioned earlier in the meeting he was first elected to the board in 2006, a year prior to the list’s release.

“We gave you this as the original archive document showing that prior to 2007, there was no understanding in the city government that Dana was a city street,” Troy City Administrator James Knowles explained. “Since then…we have no documentation indicating this has been dedicated to the city.”

Detert contended even if the list is accurate, the city is obligated to repair the culvert he argues is damaged due to stormwater runoff.

“My daughter’s been stranded there once. It lasted for about four days before they finally got some rock out there to kind of just fill the hole,” he said. “The water is washing rock out from the bottom. The water is also washing rock out from the top. So my question has always been, is the public safety of the citizens of Troy a concern? Who’s gonna be responsible if there’s a need for an ambulance and the road is washed out. Who’s gonna be responsible if there’s a fire and the fire department has to be there and the road is washed out?”

Detert said he had two suggestions.

“We can fix the culvert, which would probably be the cheapest and most economical,” he said. “Or we can reroute all of the city’s storm water infrastructure to get it off of their property.”

Alderman Quentin Laws said he’s concerned about any private or public street that doesn’t allow access for emergency vehicles.

“How do we ensure that we can get emergency services to our citizens who live inside the city if we don’t make sure we have access to it,” he asked.

Knowles pointed out there’s more to consider than just private streets in the context of access for emergency vehicles.

“There’s lots of people that have private drives that are longer than many city streets, but we don’t plow their driveway,” he said. “And so, they live in a 5-acre parcel with a 1,000-foot driveway, and they don’t clean it, and they need an ambulance? It’s not the city’s issue to deal with.”

Laws didn’t like that answer.

“So, I think that we should,” he said. “I’m not saying we magically take all these in and fix all these, but I think we should have something better than its not our problem. I mean… some of these roads lead into highly populated areas that we are responsible for the public’s safety.”

Knowles agrees another conversation the board should have is enforcing requirements for public access. However, he reminded Laws and the rest of the board that whatever they decide to do for the houses on Dana Avenue, they will be obligating the city to do for the other private streets.

He mentioned a property owner on Colonial Lane, which is one of the privately owned streets, requested a sewer line repair that was denied.

“I think we need to make sure we recognize that whatever we do affects every street. We just told somebody we’re not going to fix their sewer line because it’s their own private problem and their own private property,” he said. “I can call them up tomorrow and tell them we’re going to replace that (sewer line) for $200,000 because hey, they are on this list too.”

Knowles emphasized the need for consistency.

“While I empathize with anybody who might be on this list and negatively impacted, we need to come up with a policy which… going forward treats everybody on this list equally,” he said. “Otherwise, there is going to be a line out the door for people wanting things fixed, starting with the guy on Colonial who wants his sewer line fixed.”

Troy Mayor Ron Sconce explained the city currently has guidelines for a private street to become a public one others have followed.

“That’s your option. An HOA could be formed, they could submit a dedication request, bring the street up to the standard, inspect it, and then the board can vote to accept dedication of that street, similar to what happened in Eastbrook,” Sconce said. “Of these 22 streets, several have been brought up recently. If we told these people we couldn’t do work on their street because they weren’t dedicated, how can we start picking and choosing, for family members, board members? Every person on this list will put in and request the same treatment.”

Despite Knowles’ and Sconce’s concerns about the financial impact this would have on the city budget, the board agreed to direct city staff to obtain bids to repair Dana Avenue.

The matter will be revisited at the board’s August meeting.