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Mr. Rain stated he has lived in Brookfield for the past six years. He explained that the <br />association had hired an attorney in the past and there were some conflicts between the <br />homeowners understanding and that of the bank. He indicated the association did not have the <br />funding to hire another attorney for a second opinion. He encouraged the developer to work with <br />the homeowners to resolve the concerns and requested the water feature remain. <br />Motion by Commissioner Bauer, seconded by Commissioner VanScoy, to close the public <br />hearing. <br />Motion Carried. Voting Yes: Chairperson Levine, Commissioners Bauer, VanScoy, Brauer, <br />Field, Maul, and Nosan. Voting No: None. Absent: None. <br />Chairperson Levine closed the public hearing closed at 8:09 p.m. <br />Commission Business <br />Commissioner VanScoy asked if the developer had any concerns with the Staff Review letter. <br />Mr. Minks had no concerns with the letter. <br />Commissioner Field was pleased that a number of the mature trees would be maintained as a <br />buffer for the existing residents. In addition, a trail connection would be completed with this <br />development. <br />Commissioner Bauer indicated the hearing this evening brought to the surface the issues the <br />homeowners have had with their association. He encouraged all parties to continue to work <br />together to resolve this matter. He thanked the developer for his willingness to assist. <br />Commissioner Brauer recommended the water feature/pond be the responsibility of the <br />homeowners and not the developer. <br />Development Services Manager Gladhill explained the water feature was a stormwater pond that <br />benefited the entire development. He reported the City has a drainage and utility easement to <br />provide access to the stormwater pond. He commented the homeowners would be responsible <br />for maintaining the liner in the pond. <br />Commissioner Nosan questioned why the homeowners wanted to have an association in place. <br />Mr. Minks understood that the association would like assistance with the maintenance of the <br />main entrance, the water feature and to complete the private park. <br />Brad Demry, 7224 170`h Trail, indicated he was a part of the original association and wanted to <br />see it reinstated to ensure the neighborhood was well maintained, while also putting teeth behind <br />the original covenants. <br />Planning Commission/October 3, 2013 <br />Page 5 of 8 <br />