Minutes - Council - 03/08/2022 - Laserfiche WebLink

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Motion carried. Voting Yes: Mayor Kuzma, Councilmembers Musgrove, Woestehoff, Heineman, Howell, Riley, and Specht. Voting No: None. 7.04: Adopt Resolution #22-017 Approving Riverstone Outlot Ownership Deputy City Administrator/Community Dev. Director Hagen reviewed the staff report and recommendation to take ownership of the six outlots with the condition that the developer pay all outstanding taxes through the end of 2022. Councilmember Riley asked if the City would be taking care of these outlots even if it wasn’t in the City’s ownership because there is stormwater and there are easements over them. Deputy City Administrator/Community Dev. Director Hagen confirmed this and added that the general maintenance of the pond for stormwater management purposes the City would have done either way. He stated the lawnmowing is what is typically put on the homeowner’s association but in this case the ownership of these outlots weren’t in the declaration. Councilmember Musgrove asked if there is anything written in the documents related to the homeowner’s association that tells the homeowners these would be outlots and properties where a flower garden or trees could be planted in order to maintain the integrity of the stormwater. She also asked how often the City does inspections where there are residents right next to the stormwater properties. Deputy City Administrator/Community Dev. Director Hagen replied the City is required to conduct routine inspections of the stormwaters once every five years. If residents had planted anything they could ask them to remove. Councilmember Musgrove replied it would be nice for new homeowners to have something in writing so they are aware that is a stormwater area. Deputy City Administrator/Community Dev. Director Hagen replied they could encourage educational materials but the challenge is with new ownership turnover. He suggested encouraging education during homeowner’s meetings. He stated the reality is that homeowners are not buying the stormwater pond that is in stormwater property which would be considered trespassing. Councilmember Musgrove thanked Deputy City Administrator/Community Dev. Director Hagen for the clarification. Councilmember Woestehoff asked what happens if the City doesn’t want to own these. Deputy City Administrator/Community Dev. Director Hagen replied, hypothetically a scenario, is that the developer maintains ownership and pays a very small amount of yearly taxes. He stated another scenario is if they don’t pay taxes and go into tax forfeiture, the County would take ownership of it and if they say no, the City is next in line and Staff would recommend taking ownership of it at that time. City Council /March 8, 2022 Page 15 of 38