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Councilmember Anderson inquired if the City Attorney was pointing out that they do not have a <br />lot of the materials they need. <br /> <br />City Attorney Goodrich replied that he was asking the Council to approve the action subject to <br />his review and approval. He explained that the developer needs to have a declaration dealing <br />with the restrictions on use, architectural control, and maintenance of common ground, and <br />easements, which is the information he wants to review. <br /> <br />Councilmember Kurak inquired as to why this development is different than other townhome <br />developments. <br /> <br />City Attorney Goodrich replied that the other townhome developments have had restricted <br />covenants, but this development is being done as a CIC development which is governed by State <br />Statute. <br /> <br />Councilmember Hendriksen inquired as to what was driving the issue to be placed on the agenda. <br /> <br />Associate Planner Wald replied that the developer would like to get started with the <br />development, but if the Council is concerned about the declaration, typically the declaration is <br />not drafted until they receive final plat approval and the development agreement states that the <br />City Attorney must review and approve the declaration. <br /> <br />City Attorney Goodrich noted that the Council has until May 3 to act so they could bring the <br />issue back for Council approval. <br /> <br />Councilmember Anderson noted that she preferred the language 84-unit townhome development <br />rather than 84 multi-family units in the Planning Commission minutes. <br /> <br />Mayor Gamec noted that those are Planning Commission minutes and they would have to amend <br />them. <br /> <br />Councilmember Anderson stated that she would like to know more information about a CIC <br />development. <br /> <br />Councilmember Zimmerman felt that the road going through the development and connecting to <br />Lord of Life needed more attention. The plans talk about a retaining wall, but it does not state <br />who is paying for it. <br /> <br />Corey Lepper, Orrin Thompson Homes, stated that they have been meeting with Lord of Life <br />Church and are close to reaching an agreement. <br /> <br />Councihnember Kurak requested that Mr. Lepper obtain a written agreement from Lord of Life. <br /> <br />City Council/April 9, 2002 <br /> Page 7 of 14 <br /> <br /> <br />