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City Attorney Goodrich replied that the City does not need to stipulate any number of units and <br />noted that under the existing zoning the maximum number of units that could be placed on the <br />property is 23. <br /> <br />Councilmember Hendriksen stated that ACCAP has made statements that have not come true and <br />they have showed that they are willing to sue the City. Because of those reasons the City needs <br />to make sure the agreement they sign does not allow for any loop holes. Presently the property is <br />governed by the 1995 Comprehensive Plan, but in the future it will be governed by a different <br />comprehensive plan. <br /> <br />Councilmember Anderson stated that she had talked to representatives from ACCAP and what <br />they are requesting is that the settlement agreement state 32 single family units or townhome <br />units, instead of a 31-unit townhouse project. <br /> <br />Councilmember Hendriksen inquired if the settlement agreement would be making a zoning <br />commitment. <br /> <br />City Attorney Goodrich replied no, but nSted that it would be his recommendation to remove the <br />number of units permitted. <br /> <br />Councilmember Hendriksen suggested that the settlement agreement say that the project would <br />not exceed the zoning regulations for the property, but under no circumstances exceed 31 units. <br />He also inquired as to how much tax increment ACCAP will receive over the next 20 years. <br /> <br />City Attorney Goodrich replied approximately $195,000. <br /> <br />Councilmember Hendriksen noted that to settle the lawsuit the City is giving up $180,000. <br /> <br />City Administrator Norman replied that thoSe funds are not being used to settle a lawsuit; using <br />TIF was part of the original agreement. <br /> <br />City Attorney Goodrich gave a brief history as to how the lawsuit came about. <br /> <br />Councilmember Zimmerman stated that ACCAP does not want to participate in the City's park <br />system, but wants to create their own park area. He inquired if that will create a problem for the <br />City with any future developments that come into the City. <br /> <br />City Attorney Goodrich replied that that item was a condition of the original purchase agreement. <br /> <br />Councilmember Kurak stated that she believes that when you sign a contract you must honor the <br />contract, which is why she is voting to resolve the issue. She did not thinl~ there was a need to <br />blame anyone, but to learn from the issue. <br /> <br />City Council/July 10, 2001 <br /> Page 8 of 14 <br /> <br /> <br />