06/12/1995 Council Packet - Laserfiche WebLink

Home Search

CLOSED CITY COUNCIL SESSION FEBRUARY 22, 1993 should have been the first question resolved. The City Planner was trying to get several things done at once, however, the fundamental question was never asked. Mr. Miller explained that he did not know of any reason for a denial and his recommendation was for approval. Also, there was never anything bad written about the project. Mr. Radio described Mr. Miller's deposition noting that he expounded on many things and took every opportunity to "slam" the City. Many of the questions directed to Mr. Miller should have been factually answered, however his answers were embellished. Mr. Radio explained a motion for summary judgement will probably be filed. If Mr. Miller is allowed to testify before a jury, he could be a problem. In essence, the City Planner is on the "other side". Mayor Reinert said he felt that no one should be able to come in and dictate to the City. He said to allow this development would be "leap frog" development. Mayor Reinert also noted that many things have changed through the course of time. The entire process was disjointed. Mr. Radio said that Mr. Birch's argument will be, why didn't the City Council tell me up front. Why didn't you bring up these issues at the regular City Council meeting when the project was denied. He noted that the very first adverse vote was nine (9) months after he brought in his plan. The December 1991 City Council meeting was discussed. Mayor Reinert noted that the "air" was not conducive to harmony. To many things were being "jammed" through. Council Member Bergeson noted that the present proposal is not much different than what was previously proposed. Mr. Radio said that their position will be that 85 units (the original proposal) should been constructed by now and they will want interest on their losses. Mayor Reinert asked if they have to prove there was a market for this type of housing. Mr. Radio said that this will be part of the City's defense. Council Member Bergeson asked if there was a proposal for a number of units between 85 and 240. Mr. Radio explained that Mr. Brixius had estimated approximately 154 units could be developed and still adhere to DNR and CORP guidelines. Mayor Reinert noted that a mix of housing might be saleable. He noted that at one time Mr. Art Hawkins and his daughter had agreed to this proposal. Mr. Schumacher explained that this had been relayed to Mr. Birch's financial advisor, however, no PAGE 3