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Council approves two deed covenants with 4-1 votes amid development adjustments
Summary
The council approved a Declaration of Covenants for 402 S. Broadway (4-1) and modified Attachment 'A' for 602 N. 5th Street to apply construction timelines to two lots (4-1); Council Member David Brenneman voted 'nay' on both measures.
City Clerk Jodi Wade presented a draft Declaration of Covenants, Conditions, Easements, and Restrictions for 402 S. Broadway. Council Member Thomas Capp moved to approve the declaration as presented, with the exception that numbering in Article II be corrected. The motion was seconded by Jerome Mitzner and passed 4-1, with Council Member David Brenneman voting no.
For 602 N. 5th Street, Wade reviewed a previously presented Attachment 'A' that required 18 months to complete construction; M&M Adventure, LLC requested modifying that requirement because the Lawvers had already built on the first lot and were selling the remaining two lots. City Attorney Jeff Deane raised no legal concerns and the council approved the modification to apply the requirement to two lots (motion by Capp; second by Mitzner), again passing 4-1 with Brenneman casting the lone dissenting vote.
Both actions change recorded deed restrictions affecting future development and were approved by recorded council votes at the Nov. 19 meeting.
