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He stated that the Sunfish Commons agreement was a separate action and should be treated <br />separately. Councilmember Zimmerman inquired if there was any reason why the loan needed to <br />be completed right away. City Administrator Norman replied that they have been asking for the <br />loan for months. <br /> <br />Amendment carried. Voting Yes: Councilmembers Hendriksen, Anderson, and Zimmerman. <br />Voting No: Mayor Gamec and Councilmember Kurak. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Kurak, Anderson, Hendriksen, <br />and Zimmerman. Voting No: None. <br /> <br />Case #3: <br /> <br />Request for Final Plat Approval of Birch Hill Lodges; Case of Orrin <br />Thompson Homes <br /> <br />Community Development Director Frolik stated that the City Council reviewed the final plat on <br />April 9, 2002. The item was tabled in order for the developer to provide the City with a copy of <br />the Common Interest Community (CIC) Declaration Document. The City Attorney has been <br />provided with a copy of the requested documents. In addition staff received a letter from Woody <br />Nelson of Lord of Life Church on Wednesday April 17, 2002, stating that they are willing to <br />grant Orrin Thompson Homes a 100 foot by 450 foot grading easement located on their property. <br />Lord of Life and Orrin Thompson Homes are currently working out the details of the agreement. <br />The City will be requesting a copy of the signed agreement prior to commencement of any <br />grading on the development site. <br /> <br />Councilmember Hendriksen stated that one of the reasons action was tabled was to receive an <br />agreement in writing between Lord of Life and Orrin Thompson Homes and yet the letter the <br />City received states the details are being worked out. <br /> <br />Principal Engineer Olson noted that the letter does state that Lord of Life is willing to grant the <br />necessary grading easement. <br /> <br />Councihnember Hendriksen replied that the letter is only signed by one party. <br /> <br />Principal Engineer Olson explained that if the developer does not agree, then they cannot comply <br />with the terms of the approval. <br /> <br />City Attorney Goodrich recommended making the final plat approval contingent upon the <br />execution of final grading plan with Lord of Life. <br /> <br />City Attorney Goodrich stated that he had reviewed the CIC documents and concluded that they <br />do conform to the City's best interest. He explained that the guidelines are established under <br />State Statute and they serve as a governing document for the people living in the community. <br />The documents deal with noise, residential uses, architectural control, etc. Language was <br />included in the documents that would give the City authority to enforce the restricted covenants <br /> <br />City Council/April 23, 2002 <br /> Page 9 of 16 <br /> <br /> <br />