2007-12-03 Council Agenda - Laserfiche WebLink

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5. Appeals and Alternative Dispute Resolution. (a) Any Person aggrieved by a final determination of the Director may appeal in writing to the City Manager within five business (5) days thereof. The appeal shall assert specific grounds for review, and the City Manager shall render a decision on the appeal within fifteen (15) business days of its receipt affirming, reversing or modifying the determination of the Director. The City Manager may extend this time period for the purpose of any investigation or hearing deemed necessary. A decision affirming the Director's determination shall be in writing and supported by findings establishing the reasonableness of the decision. Any Person aggrieved by the final determination of the City Manager may file a petition for review pursuant to Chapter 536 of the Revised Statutes of Missouri, as amended, in the Circuit Court of the County of St. Louis. Such petition shall be filed within thirty (30) days after the City Manager's final determination. (b) On agreement of the parties and in addition to any other remedies, any final decision of the City Manager may be submitted to mediation or binding arbitration. (i) In the event of mediation, the City Manager and the applicant shall agree to a mediator. The costs and fees of the mediator shall be borne equally by the parties, and each party shall pay its own costs, disbursements and attorney fees. (ii) In the event of arbitration, the City Manager and the applicant shall agree to a single arbitrator. The costs and fees of the arbitrator shall be borne equally by the parties. If the parties cannot agree on an arbitrator, the matter shall be resolved by a three-person arbitration panel consisting of one arbitrator selected by the City Manager, one arbitrator selected by the Applicant or Facilities Owner, and one person selected by the other two arbitrators, in which case each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third arbitrator and of the arbitration. Each party shall also pay its own costs, disbursements and attorney fees. C. Facilities Regulations. 1. The following general regulations apply to the placement and appearance of Facilities: (a) Facilities shall be placed underground, except when other similar Facilities exist above-ground or when conditions are such that underground construction is impossible, impractical or economically unfeasible, Page 5 of 8