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Council approves two Creeks Edge developer agreements with stormwater and HOA provisions
Summary
Council approved developer agreements for Creeks Edge subdivision phase one and Creeks Edge Addition No. 1, which set required improvements, maintenance obligations for stormwater facilities, and reserve language allowing the developer or city to establish HOA covenants if not recorded by the developer.
The Common Council approved two related developer agreements on Feb. 2 covering Creeks Edge subdivision (phase one) and Creeks Edge Addition No. 1, which extends Clearview Drive to the city limits.
City planner Jim described required improvements, maintenance expectations and language added to modernize the standard development agreement. City attorney Ian highlighted a provision (noted as being on page 18 of the agreement in the meeting) reserving the city’s rights to require formation or recording of homeowners association covenants if a developer fails to record covenants necessary to ensure maintenance of stormwater facilities and outlots.
Council members asked about enforcement ‘teeth’ and surety; Ian and staff said the developer is required to establish the HOA prior to selling lots, the agreement contains reservation-of-rights language, and the city could seek enforcement through the courts if the HOA is not formed. A council member urged staff to ensure construction activity does not track mud onto existing streets and to hold the developer to clean‑up obligations during rainy conditions.
The council approved both agreements by voice vote and confirmed the developer will have a one‑year completion horizon with surety in place for required improvements.
