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1 <br />CLOSED COUNCIL SESSION <br />FEBRUARY 10, 1992 <br />win. He suggested that open dialogue be started to resolve the <br />issue. He noted that the findings of fact presented in the draft <br />resolution will need support. Mr. Radio asked if the City would <br />leave the door open for negotiation and if the City would be <br />willing to rezone the land to PUD. <br />Mayor Reinert said he had hoped that all parties would sit down <br />and negotiate an agreement. Now that the litigation has begun, <br />it appears that Mr. Birch is not interested in negotiation. <br />Mayor Reinert felt that the area residents should have a part in <br />the agreement. <br />Mr. Radio explained that neighborhood complaints cannot form the <br />entire basis for denial and he did not recommend bringing <br />neighbors to the negotiating table. He did suggest that there <br />may be other ways to meet with the neighbors, however, there may <br />be no common ground in this matter. Mr. Radio said that <br />ultimately, the judge may require the neighbors to sit down with <br />the developer. <br />Mr. Radio explained again that Mr. Birch has sued the City and <br />the City should decide now whether or not it wishes to avoid <br />Federal Court. If the matter proceeds, there will be a trial <br />before a jury. Mr. Birch has asked for damages and if he wins, <br />all his expenses will be paid by the City. <br />Mayor Reinert suggested delaying action on this matter noting <br />that Mr. Birch does stand some risk of losing this litigation. <br />Mr. Radio explained that he would file a discovery motion and it <br />will cost Mr. Birch some money to respond. However, Mr. Radio <br />explained that if the City and Mr. Birch are close to a <br />settlement, this is the opportunity to settle without incurring <br />more costs. <br />Mr. Hawkins explained that he felt the issue with the neighbors <br />was density. Mr. Schumacher explained that Mr. Birch has <br />proposed to develop using the "cluster" development. The density <br />probably would not be much more than what is allowed in the <br />present zoning. <br />Mr. Radio said that it appears that the City Council is telling <br />him to proceed. He will continue communicating with the City <br />Council through the City Administrator. <br />The draft resolution will be presented to the City Council under <br />Old Business during the regular meeting this evening. <br />The closed session was adjourned at 6:37 P.M. <br />PAGE 3 <br />