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<br />homeowners. She recognized that the City agreed to complete repairs under the street and asked <br />if there was any change in the responsibility of repairs from the pipe to the homes. <br /> <br />Deputy City Administrator Gladhill replied that the developer has agreed to revise the articles of <br />incorporation for the HOA to reference this agreement. He stated that there have been additional <br />conversations that staff would like confirmation that this information is shared with at least the <br />first buyers of the homes. He stated that in working with the City Attorney, staff is comfortable <br />with the approach. He stated that the policy direction from the Council has not changed and is <br />referenced in the agreement. <br /> <br />Councilmember Musgrove stated that when she signs an HOA agreement she looks most at cost <br />and not the other elements. She noted that she wants to ensure that homeowners are aware of this <br />responsibility and does not want it to come back on the City. <br /> <br />Deputy City Administrator Gladhill stated that even with a separate agreement, it is glazed over <br />by purchasers in the title work. He stated that there is final protection through the 429 assessment <br />process, should that tool need to be utilized for emergency repairs. <br /> <br />Councilmember Specht referenced an email previously received by Judy Larson, who mentioned <br />that she would be available on the meeting virtually and asked if she had any comments to share. <br /> <br />Deputy City Administrator Gladhill commented that Ms. Larson is on the call. He felt that it would <br />be most important for that conversation to occur at Public Works. <br /> <br />Councilmember Specht asked if Ms. Larson is comfortable beginning at Public Works. <br /> <br />Ms. Larson confirmed that she is comfortable starting at Public Works. <br /> <br />Councilmember Riley commented that the first lot was sold without the agreement attached and <br />asked if the agreement would be attached to future lots. <br /> <br />Deputy City Administrator Gladhill stated that the agreement will be with the HOA and on the <br />HOA lots. He stated that the lots that originally received a certificate of occupancy were not and <br />will not be on this force main system. <br /> <br />Councilmember Riley stated that he is a little concerned with some of the maintenance definitions <br />and provided examples of his concern. <br /> <br />Deputy City Administrator Gladhill provided background information, noting that if excavation of <br />the road is required that would fall to the City. He stated that the City still has the ability to assess <br />that cost to the properties if desired. <br /> <br />Mayor Kuzma commented that when the Council previously discussed this it was mentioned that <br />there were grinders before the material reached the street. He referenced the comment that the <br />resident would go to Public Works and asked if action should still occur on this item tonight. <br /> <br />City Council / January 12, 2021 <br />Page 9 of 11 <br /> <br />