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MINUTES <br />CITY COUNCIL <br />April 7.9, 1981 <br />The Flttorney stated that most Planners do not 1ike cul-de-sacsas you <br />can't get from one area to another. The Attorney alsostated that the <br />City could not ask Mr. Schrier to enter into an agreement that is <br />open-ended for the City and not for him. <br />Fahey stated that he feels the R-1 property could be developed and <br />would not have to be tied up. <br />The Flttorney asked Mr. Schrier if the p1an could be done substantially <br />the way it is presented and elderly housing financing worked out, if <br />Mr. Schrier is wil7ing to fol7ow through with the plan. Mr. Schrier <br />replied that he would. <br />Fahey stated that the City must also address the triangular piece of <br />property also. <br />The Flttorney thought that since this was a separate piece of property <br />with a separate legal description that the City would not have the power <br />to tie this property to the rest. The City Clerk informed the Attorney <br />that there is only one legal description for the triangular piece of <br />property and the rest of the Schrier property. <br />Fahey suggested that perhaps the triangular piece of property could be <br />donated to the City in lieu of park charges on the rest of the property. <br />Parks stated that even if the legal description included both pieces <br />of property, he did not think they could be tied together. <br />Mr. Kippers informed the Council that Schrier would be willing to keep <br />the question open for a reasonable period of time to give Schrier the <br />opportunity to look at funding for senior citizen housing. Kippers <br />stated that they were content to let things remain status quo. <br />However, they would not want to enter into an agreement that would <br />jeopardize their situation. <br />Mrs. Scalze stated that the City presently has a moratorium on building <br />permits for apartments until the Council acts on rezoning or for a period <br />of 90 days. Scalze stated that should Mr. Schrier receive a negative <br />answer for funding on elderly housing, she wou1d like the Council to have <br />another 60 days to act on the rezoning of the property. <br />The Flttorney stated that the agreement could be drawn up whereby Schrier <br />would temporarily waive his rights to proceed under the present zoning <br />until both parties could work out a permanent agreement with respects to <br />a PUD development. Mr. Kippers stated that they would try to work out <br />an agreement like this. Kippers stated that he would like to ta7k to <br />his partners about an agreement of this type to ensure that they not <br />jeopardize Schrier's position. Kippers stated that they could try to <br />get this agreement together for the May 13 Counci1 meeting. <br />It was determined that the City's moratorium would expire on May 11, 1981. <br />Schrier stated that he would not be in to the Council requesting a bui7ding <br />permit for apartments between May 11 and May 13, 1981. <br />Page -7- <br />