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83 <br /> <br /> It was moved by Mayor Mercer, and seconded by Ms. Mohr, that <br />the proposed PUD modification is consistent with the General Plan <br />and that Ordinance No. 1528 be introduced, to be read by title only <br />and waiving further reading thereof, approving the application for <br />a major modification to an approved Planned Unit Development to <br />modify Condition Number lb of PUD-85-15 with the removal of the <br />second sentence in no. 5 of Exhibit "A" and that item no. 6 in <br />Exhibit "A" be deleted. <br /> <br />The roll call vote was as follows: <br />AYES: Councilmembers Mohr and Mayor Mercer <br />NOES: Councilmember Butler, Scribner, and Tarver <br />ABSENT: None <br />ABSTAIN: None <br /> <br /> Ms. Scribner inquired about what action could be taken if the <br />common area was never reforested. <br /> <br /> Mayor Mercer believes that if the property owners are willing <br />to do their own reforestation at their cost with a reimbursement <br />agreement from the developer, then the owners should be able to <br />build and occupy. The City Attorney should be directed to go to <br />the bankruptcy court and get us in line in order to be able to <br />dictate that certain monies go into the public utilities <br />installation and the reforestation. <br /> <br /> Mr. Tarver and Mr. Butler again reiterated the desire for an <br />actual plan being necessary and in place prior to any building <br />permits being issued. <br /> <br /> It was moved by Ms. Scribner, and seconded by Mr. Butler, that <br />the proposed PUD modification is consistent with the General Plan <br />and that Ordinance No. 1528 be introduced, to be read by title only <br />and waiving further reading thereof, approving the application for <br />a major modification to an approved Planned Unit Development to <br />modify Condition Number lb of PUD-85-15, deleting the requirement <br />that twenty of the upper lots, located on the west side of Foothill <br />Road, be the last lots in the project subdivided and offered for <br />sale, but be subject to the conditions listed in Exhibit "A" with <br />the deletion of the second sentence in condition #5, with the <br />understanding that Staff will pursue through whatever means <br />available to ensure the timely installation of utilities and <br />reforestation, and that Condition #6 could be revisited at a later <br />date if necessary. <br /> <br />10-15-91 19 <br /> <br /> <br />