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MIPlUTES <br />City Council <br />Apri1 29, 1981 <br />Schrier asked if the Council would be agreeable to downzone the northerly <br />portion of the R-3 so that townhouses could be built in th9s area. <br />Would the agreement allow the construction of the cul-de-sac and the <br />townhouses as proposed? <br />Mr. Fahey stated that the City should have an alternative to Pall back <br />on should the elderly housing fiall through. <br />Mrs. Nardini stated that if townhouses were the alternat~ve in the R-3 <br />portion of the property being considered for elderly housing, the <br />density would not be there. Mr. Schr~er indicated that the value of <br />the property is based on the density. <br />Mrs. Nardini asked if the whole proposal does not worl< out and the City <br />downzones the property and is sued by Schrier, where will the money come <br />from. The Flttorney replied that it would come from general taxes. <br />Mr. Fahey stated that the Council recently bought insurance to protect <br />itself in these types of situations. Fahey stated that he specifically <br />asked Mr. Mc~lamara if this would be covered. <br />The Flttorney stated that if the City resolvecl the situation by agreement <br />to pay damages because of demunition in value of the property, this would <br />not be considered a wrongful act and would not be covered by the policy. <br />If the downzoning resulted in a settlement as a result of court action, <br />this would be considered a wrongful act. <br />Mrs. Nardini felt that the issue of downzoning the Schrier property should <br />go before the voters. The Attorney stated that he doubted that the majority <br />of voters would go for this. <br />Mrs. Scalze stated that the City cannot have a referrendum on this situation <br />after the fact. <br />Mrs. Scalze asked Mr. Schrier what would happen if he and the City entered <br />into an agreement on this property and it would be necessary to have an <br />adjustment on tha zoning in the interim. Schrier replied that if holding <br />the property became too much of a burden, he would come in and inform the <br />City that he ~s forced to develop the property. Schrier stated that he <br />would present the plan for the street anci cul-de-sac and request that the <br />easterly portion of the R-1 be upzoned to R-2 and that the northerly <br />portion of the R-3 be downzoned to R-2. Schrier would not request that <br />the portion of R-3 set aside for elderly housing be disturbed. <br />Mr. Garr~ty from Iona Lane stated that the residents of Iona Lane are <br />the ones likely to 1ose on this project. If the R-1 portion of the <br />property gets upzoned, this will be given away, as Schrier will st911 <br />have the R-3 property. Garrity stated that he does not object to elderly <br />housing, but other people have objected. Garrity stated that the Council <br />went on record at one time that if anyone objected to elderly housing, <br />the Counci1 wou7d not support it. Garrity a1so stated that he opposes <br />the upzoning o~F the R-1 property. <br />P1rs. Scalze stated that she does not recall anyone objecting to senior <br />citizen housing in this area. <br />Page -II- <br />