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<br />Mayor Gamec indicated Mr. Smith should get in touch with the City if this is not taken care of. <br /> <br />Councilmember Elvigcommented the point is for the planting to be. done at the soonest <br />opportunity. If seeding or sod is going down the trees should be there. It sounds like staff is <br />trying to pick that up. He noted this bem1 or vegetation would be buffering or screening; he <br />would not refer to it as transitioning. <br /> <br />Motion by Councilmember Jeffrey, seconded by Councilmember Elvig, to adopt Resolution #07- <br />08-203 to approve the [mal plat of Brookfield Fourth Addition contingent upon the following: <br />1. Compliance with City Staff Review Letter dated August 23,2007 <br />2. The Developer entering into a Development Agreement with the City <br />3. Installation of density transition landscaping prior to issuing building permits for Block 2 <br />4. Receipt cif a 2-year maintenance guarantee for the landscaping <br />5. Recording of a landscape easement <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Jeffrey, Elvig, Dehen, Look, <br />Olson, and Strommen. Voting No: None. <br /> <br />Case #4: <br /> <br />Request for Rental Housing License; Case of Jamie Sharp <br /> <br />City Attorney Goodrich reviewed that the August 14, 2007 City Council Consent Agenda <br />included a Rental Housing License Application from Jamie Sharp. Mr. Sharp owns the property <br />and resides at 7346 - 149th Avenue NW. He also owns the adjacent lot to the west, 7362 - 149th <br />Avenue NW. Mr. Sharp has applied for a rental housing license to rent the home at 7362 - 149th <br />Avenue NW. His rental application received a satisfactory inspection and the license was <br />forwarded to Council for approval. Both of these properties, Mr. Sharp's residence and his rental <br />property, are located in Pineview Estates 2nd Addition (the "Plat"). The Plat is zoned Planned <br />Unit Development (PUD). Mr. Goodrich reviewed that at the August 14th City Council meeting <br />Mr. Fred Mertens, another property owner in the Plat, approached the City Council and <br />expressed objection to the granting of the rental housing license to Mr. Sharp. Mr. Mertens' <br />objection was based on the fact that there are restrictive covenants filed with the County <br />Recorder and encumbering the. Plat. In 4is opinion, he feels certain that the covenants prohibit <br />rental of the house in the Plat. Mr. Mertens requested that the City Council deny the request for <br />a rental license on the basis that it would violate the restrictive covenants of the Plat. The Plat <br />consists of ten 2+ acre lots. It was platted in 1987 and was zoned PUD to provide for a mix of <br />residential and small business uses. Each lot is restricted to a residential use on the front 200 feet <br />of the property and each homeowner has the right to establish a small business beyond that 200 <br />foot residential line. Any business established on the lot is subject to site plan review like other <br />commercial properties in commercial zones. <br /> <br />City Attorney Goodrich advised staff has reviewed the Plat's restrictive covenants. Section 3.1 b <br />(Membership and Voting Rights in the Association), states that "it is the duty of each Owner (or <br />Occupant if the Owner is not occupying the house) to register...". The use of the word <br />'occupant', in addition to 'owner', throughout this document acknowledges that the 'owner' and <br />'occupant' may not always be one in the same. 111erefore, in staff s opinion, rental is not <br /> <br />City Councill August 28, 2007 <br />Page 11 of 33 <br /> <br />PS9 <br />