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Session 1734, Minutes <br />November 2, 1998 <br /> <br />Michael Oberlander, 8027 Cornell, said that he was a lawyer by training and vocation <br />and has had the opportunity to take a look at the deed restrictions. It is very clear that <br />they restrict any houses being built on property that has less than a 100' of frontage. <br />The deed restricts the buildings to be ranch style and to only have one and a half <br />stories above the basement. There are mechanisms within the indenture on how to <br />change the restrictions. The developer is now a property owner and could have called <br />a meeting of all the property owners to change the restrictions if they so desired. It <br />takes two-thirds of the property owners to change the restrictions. He handed the City <br />Clerk a petition of eleven property owners who are against the subdivision. He believes <br />it would be prudent for the City Council not to take action on this matter now. <br /> <br />David Neiers, 916 Alanson, the attorney for the developer, said that he would like to <br />encourage the City Council to vote on this proposition tonight in order to get this <br />process moving. One way or another they need to know how the City is going to act so <br />they can take their next step. This subdivision meets all the requirements that are <br />provided by state law and the city ordinances. He does not believe that the Council has <br />a lot of discretion in this matter. The deed restrictions are enforceable only by the <br />residents of the subdivision. In their opinion, the indenture is unconstitutional and have <br />been abandoned by the homeowners association. There are no trustees. They have <br />been waived, because there are numerous violations. Portions of the document refer <br />to racial restrictions that are personally offensive. <br /> <br />Mr. Lieberman asked if Fairbrook was considered a private subdivision by the City. Mr. <br />Ollendorff said that this was not a private subdivision. It is a subdivision that has some <br />private restrictions. <br /> <br />Mr. Schoomer said that there had been many instances where private covenants had <br />been rendered moot by Federal Law and then other instances where they were upheld. <br />He feels that Council should proceed on this, but given the late date in which this <br />information was provided to Council, additional time is required to study it further. <br /> <br />Mr. Schoomer moved to Postpone this matter until the November 23, 1998 meeting. <br />Mr. Wagner seconded the motion, with all voting Aye, except Mr. Lieberman, who voted <br />Nay. <br /> <br />KIDS VOTING: <br /> <br />Ms. Colquitt informed the audience of a special voting program for kids. Parents are <br />encouraged to bring their children out to vote on election day. The children vote at their <br />schools from 6:30 a.m. and 8:30 a.m. <br /> <br /> <br />