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Regular City Council Meeting <br /> Monday, October 8, 2018 <br /> Page 19 <br /> tain storm water BMP's throughout their life and that is something the applicant is <br /> currently working with staff on. <br /> Mayor Roe noted the two conditions remain as part of the Resolution of the final <br /> plat. <br /> Councilmember Willmus asked what the park dedication issue was. <br /> Mr. Lloyd stated it is ensuring the developer pays park dedication. <br /> Councilmember McGehee did not think the City should accept anything short of a <br /> homeowner's association for the maintenance of the BMP's. She asked if the <br /> City has a safeguard for that. <br /> Mr. Lloyd stated the applicant has provided documentation that would be record- <br /> ed against the property similar to a homeowner's association. He stated the doc- <br /> ument that was suggested by the applicant so far is not formal and HOA but could <br /> achieve the same ends per the opinion of the City Attorney and the City Engineer. <br /> Councilmember McGehee stated she wanted to be sure from both entities that the <br /> document would achieve the same and with the minimal amount of effort on the <br /> City's part. <br /> Councilmember Willmus asked if it would be similar to a BMP maintenance <br /> agreement that the property owner signs and the City would be a party to that and <br /> how the individual property owner would pay would be up to the developer to <br /> figure out. But, the City has the document that is recorded indicating someone <br /> will take care of the BMP's and it will not be the City. <br /> Mr. Lloyd stated he has not spent much time reading the document provided be- <br /> cause he was neither a legal nor storm water expert. <br /> Mr. Freihammer stated there are provisions in the document for the City and the <br /> City will also have a document that the developer will enter into for the BMP's so <br /> there will be two documents pertaining to this and this gets recorded with all of <br /> the individual properties. <br /> Mayor Roe asked from the legal perspective, in regard to the effectiveness of this <br /> declaration versus a homeowner's association. <br /> Mr. Hartmann stated it is important that the declaration gets recorded against all <br /> of the properties, so it goes with the title of the property no matter who owns the <br /> property and gives the City some recourse in case there are issues. He thought <br /> this was just a form of a document that will be further drafted to fit this situation. <br /> He would like to make sure the City has the recourse in case anything is not done <br />