Correspondence 2019T H E G 1 T Y O F
OPPELL
MEMORANDUM
To: Patricia Bilka, Enclaves HOA Representative
From: Traci E. Leach, Deputy City Manager
Date: March 27, 2019
RE: Recap of March 26, 2019 Meeting
I met with Patricia Bilka and William Evans, representatives from the Enclaves HOA Board, on
March 26, 2019. Also present at this meeting was City Attorney Robert Hager.
At issue is the ownership and maintenance of the tracts of land This has been along -running
discussion between the City and the HOA. The developer has placed both parties in a difficult
position and the ideal solution is not one that is easily identified. The City's evaluation of the situation
was driven by the following key considerations:
• Public Benefit: Any questions regarding future maintenance and ownership must meet the
standard of having a clear public benefit and purpose.
• Practical Reality of Equity: In addition to the Enclaves, the City is in discussions with at
least two other HOAs who would like to have the City take on maintenance responsibilities
for items in their own HOAs. The principle of equity is an important factor to weigh when
considering any future commitment.
• Legislative Uncertainty: The State Legislature has taken aim at municipalities throughout
the state and there are literally hundreds of bills, whose goal is to reduce a city's ability to
generate revenue. This legislative session has prompted a serious discussion at the staff level
about how we, as a city and community, would respond to a new funding scenario that
includes significantly less revenue to provide services to the community.
Having said all of that, the City agrees that the following items are reasonable for the City to maintain:
• Sidewalk within the 10' public access/sidewalk easement as shown on the plat. It is
important to note that there is at least one stone wall along the rear yard of a private residence
that is leaning over the sidewalk. The City would like to see this issue addressed, as the
current condition will only continue to worsen and create a safety hazard for those walking
the trail. The City will accept the sidewalk as is. This does not include mowing of the grass
area between the sidewalk and the drainageway wall.
• Face of stone wall along drainage channel, as shown on the plat
• Drainage maintenance (including the aerator) within the drainage easement
• Mowing for Area C only
The City is not interested in acquiring fee simple ownership of any piece of property currently owned
by the developer.
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