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CLOSED CITY COUNCIL SESSION FEBRUARY 22, 1993 <br />side. Mr. Hawkins was asked how the neighborhood group feels <br />about a proposal for a mix of single family homes and townhomes. <br />Mr. Hawkins explained that the number of total units would have <br />to justify the dollars to be spent on the improvement. He also <br />noted that there appears to no longer be a market for the more <br />expensive townhomes. <br />Council Member Kuether asked how the City stands with Mr. Art <br />Hawkins. It was explained that Mr. Hawkins has his own attorney <br />and the staff has not had the opportunity to get back to the <br />neighborhood group for the second meeting to discuss the proposal <br />for mixed housing. <br />Mr. Radio explained that it is important that the City continue <br />acting as a mediator between the developer and the neighborhood <br />group. He also explained that it has come to the point that the <br />City has to negotiate for what is in the best interest of the <br />City in terms of long range planning. The City cannot afford to <br />fight a battle to defend a neighborhood. He explained that the <br />neighborhood group should not be allowed to dictate any of the <br />terms of settlement. The City must consider the larger issues <br />involved. <br />Mr. Radio suggested that the City wait until Mr. Schumacher and <br />Mayor Reinert give their deposition and then sit down with Mr. <br />Birch and try to negotiate. <br />Mr. Radio explained that all depositions should be completed by <br />May 1, 1993 and all motions in the case should be completed by <br />September 1, 1993. A trial date will probably be set for <br />November, 1993. He noted that if the City wishes to avoid a <br />trial, the lawsuit should not be allowed to go to far because <br />momentum builds in favor of a lawsuit as the matter proceeds. <br />Mayor Reinert noted that he had read all the minutes on the <br />Amelia Lake Estates matter as it proceeded through the City <br />Council. He feels that the City Council was in part mislead by <br />the former City Planner and noted that the matter of zoning <br />should have been resolved before any other matter was addressed. <br />He also noted that there was nothing wrong with looking at a <br />feasibility plan in the beginning. Mayor Reinert felt that the <br />entire matter was presented to the City Council in a piecemeal <br />manner. <br />Council Member Kuether asked if the former City Planner is at <br />fault, is this still a problem of the City? Mr. Radio explained <br />the final question is would a reasonable Council person have <br />reasonable grounds for denial of the rezone request. He noted <br />that the resolution did outline objective reasons. However, this <br />PAGE 2 <br />