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03-20-2006 CC MIN
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03-20-2006 CC MIN
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1/21/2008 8:35:52 AM
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3/20/2006
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<br />. <br /> <br />. <br /> <br />. <br /> <br />City Council Minutes <br />March 20, 2006 <br /> <br />Page 7 <br /> <br />purchase agreement. He stated the city needs to be careful on which responsibilities fall <br />under which documents because cities are limited in their abilities to have contracts for deed <br />for more than five years. <br /> <br />Mr. Wilson stated the covenants have an initial term of 30 years and can renew after that. He <br />stated there is a clause in the covenants that allow the majority of the property owners to <br />sign a document waiving the covenants on the two outlots. He stated the other lots would <br />still be protected by covenants. Mr. Wilson recommended approving the purchase <br />agreement on a condition that the property owners sign a document waiving the covenants. <br /> <br />Councilmember Dietz stated the city should not have to pay two years worth of property <br />taxes during the lease period. <br /> <br />Councilmember Dietz questioned the timeframe for how long the plat can legally be in <br />effect by the city. <br /> <br />Mr. Wilson stated the city could allow a reasonable period of time. <br /> <br />Councilmember Dietz stated concerns with a future Council deciding they don't want to <br />keep the golf course and defaulting on the agreement. <br /> <br />Councilmember Motin stated if the city isn't making a profit on the golf course it has the <br />option of selling the property to a third party to recoup any losses. He questioned if the city <br />could continue the plat approval through the end of the contract for deed. <br /> <br />Ms. ] ohnson stated City Attorney Peter Beck indicated to her that two years was the <br />agreement the city had with Mr. Krause. She stated it is unlikely the city would default on <br />the contract for deed. She stated the city would consider other options such as selling or <br />developing the property. <br /> <br />Mr. Wilson stated Mr. Krause would also have the option of suing the city for the money. <br /> <br />Councilmember Motin stated he doesn't see any reason to not allow the plat to remain in <br />effect for the entire term of the contract for deed. <br /> <br />Councilmember Farber concurred. <br /> <br />Andrew Brown, 18260 Yankton Street-Stated he was confident that 51% of the property <br />owners would be willing to waive the covenants. He stated outlot] (lot 22, part of A and B) <br />was not protected by the density but outlots A and B were protected by the density. He <br />stated property owners are confused as to why outlot] would not be protected when it is <br />part of A and B. He stated property owners would like assurance that any property on the <br />perimeter of outlots A and B are protected. <br /> <br />Mayor Klinzing stated she would get an explanation to Mr. Brown before he gets the <br />signatures of the property owners willing to waive the covenants. <br /> <br />Mayor Klinzing stated the city is going to try to operate the property as a golf course but she <br />wants residents to be aware, as Council has noted all along, there is a possibility it would be <br />sold for development in the future. <br />
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