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City Council Niutes <br />August 17, 2015 <br />Page 7 <br />Counselor Beck noted this is not a new problem and unfortunately, in an active and <br />functioning homeowners association (HOA), they are the responsible parties. <br />Counselor Beck indicated problems such as this arose when associations never got <br />off the ground before and during the recent recession, and as a result are not <br />meeting their 'intended responsibilities. Counselor Beck 'indicated that in the example <br />of the clock towner, the city cannot spend funds to maintain it unless its use was a <br />benefit to the entire city, besides the fact that it sits on private property. He <br />suggested the council provide direction for staff to draft language in order to clarify <br />these types of common areas. <br />Councilmember Wagner stated she personally likes monuments and landscaping at <br />development entrances as it provides an attractiveness to neighborhoods and was <br />surprised people in her own neighborhood didn't reali7e they were responsible for <br />the upkeep. She didn't feel the city should be responsible for electricity payment for <br />the clock tower, noting it is a nice landmark but it benefits the local area considerably <br />more than the entire city. She stated she hoped the residents in those developments <br />would continue to pay for the electricity for the time being. <br />Councilmember Westgaard thinks if the city starts considering ownership and <br />maintenance of these common areas, it could open Pandora's Box, noting if HOAs <br />that have been maintaining their common areas decided to discontinue their <br />maintenance and upkeep, it would force the city's hand to step in and maintain them. <br />He didn't feel it fit in the city's beautification goal and felt certain the city's financial <br />responsibility would cause an increase in property taxes. <br />Councilmember Olsen concurred with Councilmember Westgaard and asked how <br />many HOA's exist in the city. <br />Mr. Carlton indicated he could contact the county but wasn't sure if they would have <br />that information. <br />Discussion continued regarding billing and payment for utilities. <br />Councili-nember Westgaard asked about outlots that go into tax forfeiture. <br />Counselor Beck and Mr. Fem-rite explained that every year they review properties <br />that come up for tax forfeiture and staff chose not to take those because the city <br />would become the entity responsible for their maintenance and upkeep. <br />Councilmember Buraridt felt the HOA should be assessed for maintenance of any <br />common are -as. If there was no HOA, maintenance costs could be assessed as a <br />nuisance abatement to the property owners in the development. She wondered if the <br />agreements allowed for the monuments to be removed if not maintained. <br />Mr. Portner suggested language similar to what's used in the city's donation policy <br />that outlined responsibility to ensure the donation is maintained or it would be <br />removed if it goes into disrepair. <br />141A PM N <br />IL <br />