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• COUNCIL MINUTES JANUARY 13, 2003 APPROVED and apartments is the issue but her concern began at the Planning and Zoning Board meeting with the discussion of how the ordinances will stand up in court. She stated that some public comments expressed at the Planning and Zoning Board meeting were also a concern. She reviewed the comment made by a realtor who found it interesting that the City Council and City Planner know the new policy precludes any large project to the point that "The Village" is excluded and that is unfortunate because something exciting may be possible up there." Councilmember Carlson stated she is concerned that some developers are looking at the City as making one exception on this property but not on their property. She stated the Comprehensive Plan contains nothing that said "The Village" should be exempted. She suggested there may be a way to include it by spreading out the number of units over the 7,575 housing units which is the number in the Comprehensive Plan for the 2020. She stated that position may be defensible and asked if exempting "The Village" weakens the City's legal position to defend. City Attorney Hawkins agreed that including exceptions does weaken the legal position. He suggested the City include more justification for the exemption and tie it into criteria related to public good such as low-income housing. Community Development Director Grochala stated his agreement that it be further explored. He noted that Provision #7 addresses amendments to the Comprehensive Plan needed to exceed the 20% growth total and conditions that are contained. He stated the intent was not to exclude opportunity at "The Village," that possibility is available if the right project comes along. He noted that "The Village" has been included in the Comprehensive Plan and the City will pursue the mixed-use village. He explained that this gives the opportunity to a future developer to amend the Comprehensive Plan to further their project. Councilmember Reinert stated it is included in the Comprehensive Plan and asked if it is included as an exception. City Planner Smyser stated it is not an exception in the Comprehensive Plan. He commented that "The Village" is special and the City will have to design a policy that allows it to happen instead of prevents it from happening. He noted that if a developer comes in with a project they think is also special, they have the option to request the City amend the Comprehensive Plan to include it as another special project, just as "The Village" is included as a special project. Councilmember Reinert asked if "The Village" should be included in the Comprehensive Plan to give this ordinance more "backbone." City Attorney Hawkins stated his opinion that with Provision #7 the criteria to consider another project should be the same criteria as applied to "The Village" and why it is applicable. Then if someone challenges it, the City can show that the same criteria was used to justify the exception of "The Village." Councilmember Reinert asked City Attorney Hawkins to provide additional language to better identify those issues. He noted that tonight the consideration is first reading but he is concerned whether these areas can all be addressed and approved during second reading in just one more meeting. • City Planner Smyser reviewed the schedule calendar and stated that a delay of two weeks may or may not impact that. He suggested the Council consider first reading tonight and then staff will work with 16