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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. 1