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Councilmember Hendrikgen noted that the rezoning would require a minor Comprehendve Plan <br />amendment. He inquired if by creating the TIF District the City would be subsidizing the project <br />$190,000. <br /> <br />City Attorney Goodrich replied that it would be $189,000 over 20 years. <br /> <br />Councilmember Hendriksen stated that the only reason he could vote for the issue is that there <br />are three Councilmembers that would grant the TIF agreement anyway. He noted that it was not <br />a unanimous decision to resolve the lawsuit in this matter. ACCAP knew full well that there was <br />to be work on the road and if they believe the property was damaged then they can walk away. <br /> <br />Councilmember Kurak requested that the City Attorney'explain what Councilmember <br />Hendriksen was referring to. <br /> <br />City Attorney Goodrich explained that with every purchase agreement if the sale does not close, <br />a party to the transaction can sue for damages and specific performance, which is what ACCAP <br />has done. <br /> <br />Councilmember Kurak inquired as to what the option was for the buyer to walk away. <br /> <br />City Attorney Goodrich replied that the buyer could do that, but that decision is not up to the <br />City. The City agreed to sell the property without any encumbrances, but the City did encumber <br />the property by creating wetlands so, therefore, the City could not move forward with their <br />obligation. <br /> <br />Councilmember Zimmerman noted that part of the wetland mitigation occurred on a double "s" <br />curve and is on an MSA road, which the City does not allow for single accesses off that type of <br />road so the City approving such a plan was slim to none. <br /> <br />Motion by Councilmember Kurak, seconded by Councilmember Anderson; to authorize the <br />execution of the settlement agreement and mutual release with Anoka County Community <br />Action Program, removing the language "without loss of tax increment financing" from item #4. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Kurak, and Anderson. Voting <br />No: Hendriksen and Zimmerman. <br /> <br />Motion by Councilmember Anderson, seconded by Councilmember Kurak, to adopt Resolution <br />#01-07-251 to schedule a public hearing for the creation of a Housing Tax Increment Financing <br />District for a multi-family housing development. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Anderson, and Kurak. Voting <br />No: Hendriksen and Zimmerman. <br /> <br />City Council/July 24, 2001 <br />Page 10 of 24 <br /> <br /> <br />