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ITEM 4.1 Wildflower Meadows0-150 O t�cT e F Co MINNESOTA DEPARTMENT INFORMATION Request for City Council Action Planning I City Planner Licht 1 25 June 2018 1 City Planner Licht City Administrator/Finance Director Flaherty 4.1— Wildflower Meadows City Attorney MacArthur Streets Supervisor Lamson Parks/Recreation Director Demant STRATEGIC VISION Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. X Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS REGOM K City staff recommends adoption of a resolution releasing the Wildflower Meadows Townhouse CIC from responsibility for maintenance of the portion of the right-of-way east of Quenroe Avenue between 70th Street (CSAH 38) and 72nd Street. .. ;'AREYOU SEEKING APPROVAL QFA CONTRACT? ... IS A Pl7BL,1C,HEARING RE,QU)RED? Yes No At the time the final plat for Wildflower Meadows was on 12 February 2007, the City Council allowed Rottlund Homes, Inc. to construct a neighborhood identification sign within the public right-of-way for Quenroe Avenue between 70th Street (CSAH 38) and 72nd Street. Rottlund Homes had proposed that maintenance of the sign and boulevard area within the right-of-way would be assigned to the townhouse homeowners association (along with similar signs on a townhouse outlot west of Quenroe Avenue and a sign at the intersection of River Road (CSAH 42) and 75th Street entering the development). The townhouse development was to include 170 dwelling units, but only 32 units (within four buildings) were constructed before Rottlund Homes, Inc. failed. None of the other developments within the area of Wildflower Meadows were incorporated into the townhouse condominium association to share responsibility for the area identification signs. City staff received a complaint that the area east of Quenroe Avenue was not being maintained for long grass and weeds. Notice was sent to the Townhouse association regarding violation of the City Code for the area of the right-of-way they are responsible to maintain. The townhouse association requested the ability to remove them from the obligation to maintain the area due to the cost burden on their limited number of members relative to the overall number of homes within Wildflower Meadows. An effort was made by several single family homeowners during the remainder of 2017 through May 2018 to initiate the homeowners association recorded for all of Wildflower Meadows, in part, to assume responsibility for the area identification signs as a desirable neighborhood amenity. The efforts of these property owners were not successful. The area identification sign east of Quenroe Avenue consists of a brick monument structure with attached decorative fencing and surrounding landscaping, Shade trees were installed in the boulevard along Quenroe Avenue between 70th Street (CSAH 38) and 72nd Street.. City staff proposes that the plantings surrounding the monument sign and the decorative fence will be removed. Provided that monument sign is weed whipped as needed to control long grass it will remain. The Parks and Recreation Department will mow the east boulevard of Quenroe Avenue from 70th Street (CSAH 38) to 72nd Street at least until the abutting agricultural parcel is subdivided when in the area to maintain Northwood Park. The other existing area identifications signs west of Quenroe Avenue and at River Road (CSAH 42)/75th Street are within private properties and are the responsibility of the respective property owners to maintain or remove as they may decide. SI7PPORTI[UG„DOCl1M EN,TS;ATfACHED ■ Resolution 2018-44 POSSIBLE MOTION „PIEASEtt1/ORDMO'1'(ON,ASYOUWOULD`LIICEITTOAPPEAFt;;(NTH�MINUTES ,,,_,,,. t Motion to adopt Resolution 2018-44 releasing the Wildflower Meadows Condominium Association from certain maintenance requirements within the recorded developers agreement and condition of approval of Wildflower Meadows. BUDGET INFORMATION CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2018-44 RESOLUTION RELEASING WILDFLOWER MEADOWS CONDOMINIUM ASSOCIATION FROM CERTAIN MAINTENANCE REQUIREMENTS WITHIN THE RECORDED DEVELOPERS AGREEMENT AND CONDITIONS OF APPROVAL- WILDFLOWER MEADOWS WHEREAS, the Wildflower Meadows Condominium Association (ASSOCIATION) was organized on or about April 2, 2009 pursuant to its Declaration as set forth in Document No. A 1113 875 filed of record on April 3, 2009 at the Office of the County Recorder, Wright County, Minnesota: and WHEREAS, the Declaration affects the following described properties: Lots 1-5, Block 2; Lots 1-6, Block 3; Lot 1, Block 4; and Lots 1-5, Block 5 WILDFLOWER MEADOWS all according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota; and WHEREAS, the ASSOCIATION has certain maintenance obligations as set forth in the Conditions of Approval for WILDFLOWER MEADOWS and the Development Agreement between the City of Otsego and the Rottlund Company, Inc. dated May 17, 2007 and recorded as Document No. A 1070472 at the Office of the County Recorder, Wright County, Minnesota; and WHEREAS, the ASSOCIATION has been maintaining certain portions of the Development within the right-of-way of Quenroe Avenue between 70th Street (CSAR 38) and 72nd Street, including a monument, fence, trees and plant material; and WHEREAS, the ASSOCIATION has requested that the City of Otsego (CITY) release it from any obligation to maintain the eastern side of Quenroe Avenue as described above; and NOW, THEREFORE it is hereby resolved by the City Council of the City of Otsego, Wright County, Minnesota as follows: 1. The CITY hereby releases the ASSOCIATION from those specific maintenance duties within the east side of the right-of-way of Quenroe Avenue between 70 Street (CSAR 38) and 72nd Street, including maintenance of a monument, fence and trees. The ASSOCIATION will remove all plant materials. All other maintenance obligations of the ASSOCIATION contained in the Conditions of Approval for Wildflower Meadows or that Developers Agreement for Wildflower Meadows, Document No. 1070472, remain in force and effect. 2. CITY agrees to assume ownership of the monument, fence and trees within the east side of the right-of-way of Quenroe Avenue between 701h Street (CSAH 38) and 72nd Street to manage at its sole discretion, including but not limited to removal of any or all improvements APPROVED this 25th day of June, 2018 by the Otsego City Council. Motion to approve made by Council Member and seconded by Council Member IN FAVOR: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk 2