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Minnetrista directs public works to repair Hunters Crest ponds after developer goes silent
Summary
Council instructed city staff to have public works perform restorations at the Hunters Crest ponds and to obtain a contractor quote for concrete work after repeated attempts to reach the developer failed; staff will track costs and pursue reimbursement from the developer or responsible parcels.
Mayor Lisa Whalen and Minnetrista City staff directed city public works on May 19 to proceed with repairs at the ponds in the Hunters Crest development after the developer failed to respond to repeated notices about outstanding warranty items.
Staff said the city had sent official notice and included a letter in the council packet documenting months of correspondence that produced no reply. Allison, a city staff member, told the council: "the city can go ahead and do the improvements and assess the cost back to the properties." She said most restoration work could be done by city forces but that some concrete work — damaged sidewalk panels, curb and gutter, and a section at a road edge — would require a contractor and "it would be around $2,500."
Why this matters: unresolved warranty and public-improvement defects can create safety or drainage problems for residents and can leave taxpayers to decide whether to finish work and then seek reimbursement. Allison noted legal and administrative costs could affect whether the city pursues a formal assessment against lots or property owners.
Council members discussed how to allocate any costs. Mayor Lisa Whalen said she would "not be in favor of assessing it to all the part parcels because those property owners... paid for their homes," and she urged staff to try to limit any assessment to the two vacant parcels if those parcels are owned by Quadriga or an affiliated entity. Staff clarified the city attorney would need to advise whether costs could be assessed to particular lots or spread across all properties in the development.
Public works director Gary Peters confirmed the department can schedule and perform the restoration work and will track time and materials. Peters said the city will generate a work order and itemized accounting so the city can document actual costs if it later seeks reimbursement. "We'll do that with a work order... we'll figure everything out for us," he said.
Staff also reported the city is holding a final certificate of occupancy escrow of $5,000 related to the development; staff explained that amount was intended as an incentive for the developer to complete outstanding items but said legal limitations prevent the city from unilaterally using that escrow to fund the repairs. The council discussed attempting to invoice the developer or the related parcels for the city’s costs after the work is completed.
Outcome and next steps: The council agreed that public works should perform the repairs the city crews can do, staff should obtain a contractor quote for the concrete work (estimated at about $2,500), and public works should track labor and materials for potential reimbursement. Staff will return to council if formal assessment or legal action is necessary. The council did not take a roll-call vote; the direction was given by consensus during the work session.
The city will pursue available administrative and legal avenues to identify the developer's current address and ownership structure, and staff will report back with contractor pricing and any city-attorney guidance before any formal assessment is levied.
