06/12/1995 Council Packet - Laserfiche WebLink

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CLOSED COUNCIL MEETING APRIL 25, 1994 Council and is asking for a guarantee. Council Member Elliott explained that she received a telephone call and the caller indicated that Mr. Birch may settle out of court with Mr. Art Hawkins. Council Member Bergeson questioned the information in Mr. Brixius' analysis asking if Mr. Brixius had confirmed the acreage available for subdivision and the ordinary high water mark. Mr. Brixius explained where he obtained his information. He further explained he felt that going through the permit process would verify the information and requiring wetland delineation would help determine the number of lots to be realized from the 45.23 acres. Council Member Bergeson asked Mr. Schneider if he had a method of determining the number of acres above the ordinary high water mark. Mr. Schneider said yes, but he would be unable to identify any additional wetlands. Council Member Bergeson asked Mr. Hawkins if the City Council could legally act on Mr. Birch's proposal without going through the Planing and Zoning and the entire process. Mr. Hawkins explained that any settlement with Mr. Birch must include going through the process and getting the subdivision processed in the ordinary manner. This would include going through the Planning and Zoning process. Mr. Hawkins explained that it appeared that Mr. Birch is looking to "save face" by being able to say that he did get something from the City. However, the City is obligated to try to save tax payers dollars and if a settlement can be reached without further litigation, this would be a win/win situation. Mr. Radio explained that if the City were to enter into some type of settlement with Mr. Birch and all the right words were not put into the contract and Mr. Birch does not get his four (4) lots, he will surely sue for breach of contract. Mr. Radio agreed with Mr. Hawkins and said that the City should not guarantee that Mr. Birch will get four (4) lots. Mr. Hawkins recommended that Mr. Radio tell Mr. Birch that the City Council looked at his proposal and generally felt good about it and suggest that he start the subdivision process. Mr. Hawkins felt that a formal reply to Mr. Birch was not necessary. Mr. Brixius suggested that Mr. Birch be made aware that the wetlands delineation is a cost that he must assume. He will be required to complete the wetlands delineation for any type of improvement in the area. Mr. Radio said he will tell Mr. Birch that the City Council met and discussed his concept of four (4) buildable lots and decided that the City will not oppose any subdivision that Mr. Birch is PAGE 3