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at its option and sole discretion and also releasing the City of liability if the covenants are not <br />enforced. <br /> <br />Councilmember Kurak inquired if the documents would cover the maintenance to the private <br />drives. <br /> <br />City Attorney Goodrich replied yes. <br /> <br />Councilmember Hendriksen stated that the private drives drain into the public street and what if <br />the association chooses to not incur the cost of sweeping their streets, can the City assess them <br />back for any of those costs. <br /> <br />City Attorney Goodrich replied yes. <br /> <br />Community Development Director Frolik noted that language has been added in the <br />development agreement that if the City Engineer feels that there is a lack of street cleaning and it <br />is attributing to increased sedimentation of the ponds the City will provide the association with <br />30 days written notice to sweep the streets. If the association fails to comply within the 30 days, <br />the City or its contractor will sweep the streets and the costs will become the responsibility of the <br />homeowners association and paid within 30 days. <br /> <br />City Attorney Goodrich stated that he would recommend that the City have veto power over <br />dissolving the association. <br /> <br />Councihnember Kurak stated that it seemed like it would be good policy for the City to have <br />control over all townhome developments. <br /> <br />City Attorney Goodrich replied that he was not knowledgeable on that. <br /> <br />Councilmember Kurak requested that the City Attorney research that information. <br /> <br />Councilmember Hendriksen stated that if the language is added and the City has the ability to <br />veto the dissolution of the association, but the City is not able to physically make the residents <br />participate in the association. <br /> <br />City Attorney Goodrich explained that it would allow the City to assume some of the authority <br />with assessments, etc. as well as the ability to access the assets of the association <br /> <br />Councilmember Hendriksen stated that the City will need to make sure they have a way of <br />operating the association and the ability to use the funds or assess the costs the City would be <br />incurring for operating the association. He stated that they need to make sure the City would not <br />incur any long-tern~ expenses. <br /> <br />City Council/April 23, 2002 <br /> Page 10 of 16 <br /> <br /> <br />