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1 <br />1 <br />1 <br />CLOSED COUNCIL MEETING JULY 27, 1992 <br />fully educated on situations such as this. Mayor Reinert said <br />that both parties must deal with the issue of density. <br />Mr. Schumacher outlined the options; the City Council can accept <br />Mr. Birch's proposal, accept something less or leave the area as <br />it is now. Mr. Radio would like some response from the City <br />Council. <br />Each Council Member expressed their opinion regarding Mr. Birch's <br />proposal. Mayor Reinert said he thought that the City was <br />entering into this matter in good faith. Council Member Kuether <br />said she liked the original proposal better, Council Member <br />Elliott was in favor of leaving the area rural and not losing <br />control of the destiny of the City, and Council Member Bergeson <br />expressed concern regarding the possible outcome of the matter if <br />it went to court. Council Member Bergeson also noted that during <br />the process, Mr. Birch seemed to get the "green light ". He said <br />he was inclined to negotiate less density. Mr. Schumacher <br />explained that Mr. Radio had expressed the same concern. <br />However, Mr. Hawkins had stressed that the insurance attorney <br />would like to negotiate a settlement to reduce costs. Mayor <br />Reinert said if this is the case, a developer can force a city to <br />rezone to fit what he feels is good just by threatening a <br />lawsuit. He felt that this would take away the ability of a City <br />to control orderly growth. Mr. Burke explained that the current <br />zoning is the one strength in this case. Rezoning requires a <br />four - fifths vote. Zoning is the cities business and the courts <br />are reluctant to step into these matters. <br />Council Member Neal said he felt that the matter should go to <br />court and then a jury would make the decision. Council Member <br />Bergeson asked if there would be a jury and Mr. Burke said either <br />party could ask for a jury. Council Member Kuether asked who <br />would pay the expenses for the City and Mr. Burke said it would <br />be the insurance company. <br />Mr. Burke suggested that the City Council give Mr. Radio <br />something positive to take to the magistrate. Mr. Brixius <br />suggested that a lesser zoning district be considered such as a <br />R -2 zoning. <br />Mayor Reinert said he would stand on the basis of the report from <br />the City Planner. Council Member Bergeson suggested looking at <br />the original density and negotiate with Mr. Birch. Council <br />Member Kuether agreed with Council Member Bergeson. Council <br />Member Neal favored taking the matter to court. Council Member <br />Elliott felt that Mr. Birch got as far as he did in an improper <br />manner and the City should not be forced to accept anything <br />except that which would fit into the present zoning. <br />PAGE 3 <br />