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02091987 Regular Meeting
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02091987 Regular Meeting
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City Clerk
City Clerk - Document
Minutes
City Clerk - Type
Regular Meeting
Date
2/9/1987
Volume Book
86
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<br />19 <br /> <br />Regular Meeting <br /> <br />February 9, 1987 <br /> <br />Page 10 <br /> <br />time regarding zoning regulation criteria. Mr. Lewis stated he wants <br />the deed restrictions reviewed by Planning, and if they are unaccept- <br />able, then the matter would be submitted to arbitration. Mr. Hankins <br />stated the standards need to be set for arbitration. Mr. Robbins <br />suggested the Council consider approval of A.I.C.P. arbitration stand- <br />ards, and Mr. Lewis stated that would be acceptable. Mr. Hankins <br />stated the City would lose control if this provision stayed in the <br />Agreement as written. Mr. Brown and Mr. Nicola were in favor of <br />wording for City's standards as they are amended, Mr. Farr stated <br />the City's current Standards for PUDs and PDDs are quìte flexible but <br />thinks ar~itration w~uld be acceptable, Mr. Coddington, Mayor Younger <br />and MS. Klssler are ln favor of arbit!l::"ation and Mr. GUerra made no com- <br />ments. <br /> <br />The Council then voted on wording suggested by Mr. Hankins, beginning <br />on Page 2 (liThe deed restrictions. . . .It). Mayor Younger amended <br />his motion and Mr. Brown amended his second for the wording suggested <br />by Mr. Hankins to include the language as discussed through the third <br />line on Page 3 for a period to follow the word "modification" and the <br />next two sentences to be deleted, which amendment was passed unanimously <br />by the Council. <br /> <br />Mayor Younger suggested wording that the three landplanners for arbi- <br />tration be A.I.C.P. certified. Mr. Hankins suggested the following <br />wording: "If the City refuses to approve the deed restrictions, the <br />parties agree to submit them for arbitration, which process shall be <br />paid for solely by LRL. Two landplanners who hold A.I.C.P. designa- <br />tions, one selected by each party hereto shall review the proposed <br />deed restrictions. In the event the two landplanners cannot agree on <br />appropriate deed restrictions, the two landplanners will mutually <br />select a third landplanner who will hold an A.I.C.P. designation, <br />whose determination as to the deed restrictions to apply to the pro- <br />perty described in this Agreement will be binding on LRL and the City." <br />Mayor Younger moved to amend the Agreement in Section 2.01 as suggested <br />by Mr. Hankins and Mr. Guerra seconded the motion. On roll call the <br />following vote was recorded: <br /> <br />AYE: <br /> <br />Coddington, Farr, Younger, Guerra, Kissler. <br /> <br />NAY: <br /> <br />Brown, Nicola. <br /> <br />ABSTAIN: <br /> <br />None. <br /> <br />Mr. Farr then moved the Council amend the Agreement in Section 2.01 <br />five lines from the bottom of Page 2 as written, "LRL agrees to sub- <br />mit its proposed deed restrictions to the City Planning Department <br />for review and approval at the time of final plat approval on a plat <br />by plat basis," and Mayor Younger seconded the motion, which passed <br />unanimously. <br /> <br />Mr. Farr moved to amend the Agreement to accept the wording as written <br />in Sections 2.02, 3.01, 3.02 and Mayor Younger seconded the motion, <br />which passed unanimously. <br /> <br />Mr. Farr moved to amend the Agreement to accept the wording as written <br />in Section 3.03 with the exception the price of the land never exceed <br />$7,500 per acre and Mr. Coddington seconded the motion, which passed <br />unanimously. <br /> <br />Mr. Coddington moved to amend the Agreement to accept the wording as <br />written in Sections 3.04, 3.05, 3.06, 3.07, Article Five, Article Six, <br />Article Seven and Article Eight and Mayor Younger seconded the motion, <br />which passed unanimously. <br />
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