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REGULAR MEETING December 12, 2016 <br />because of the fact that we're not hitting those investment goals that have been outlined in the <br />2008 plan, it's not a very hefty TIF in terms of the overall funding that it has. So, we have to be <br />conscious of the resources that exist there and when and how to expend those, in terms of the <br />different projects that come in. It's not just laser -focus on one (1) project. <br />Councilmember Broden, addressing also Angela Smith, asked what the process was for moving <br />forward with possibly revising the Comprehensive Plan. <br />Mr. Mueller responded, I'd be remiss if we didn't put in a plug for the Red Tape Commission, <br />where we go over the Code and existing plans, and take a look at what makes sense today and <br />what doesn't. <br />Mr. Pawlowski stated that Councilmember Davis's recommendation of reviewing plans for a <br />given year is a natural place to start with the Comprehensive Plan revision process. He explained <br />that any ordinance discussion of this type would always come back to the Council. <br />Councilmember Broden asked what effect approving the PUD would have on other <br />neighborhood plans. <br />Mr. Pawlowski responded that the project in question would not strictly make sense in the East <br />Bank Village, but it might make sense in the wider context of the Central Business District. He <br />stated that he did not think it would have an adverse effect on other neighborhoods. <br />Councilmember Broden asked the question again, this time specifically to Angela Smith and <br />Larry Magliozzi. <br />Angela Smith, Area Plan Commission, with offices on the 1 Vh Floor of the County -City <br />Building, stated that there was a concern that if a decision was made that night that goes against <br />the Comprehensive Plan or encourages a PUD in violation of the intent of the PUD district, then <br />other developers may be able to follow the same path, and it would make it more difficult for the <br />City Council to address those items in a way that was consistent with plan and Council <br />precedent. <br />Councilmember Broden asked if there was some concern or if this was a case of direct liability in <br />a Court of Law. <br />Ms. Smith responded that she was not an attorney. She stated that even if the intent criteria of the <br />PUD were not met, Council would still have to look at whether or not the PUD is consistent with <br />the Comprehensive Plan. <br />Councilmember Davis asked if things like less -than- expected tax generation in the East Bank <br />Village factors into the Area Plan Commission's decision to recommend or not recommend a <br />proj ect. <br />Ms. Smith responded, When we're looking at whether or not a proposal is consistent with the <br />Comprehensive Plan, we're not looking at whether or not the financial goals for a project have <br />been met to that plan. The overall goals of the plan stay in effect up until another plan replaces it <br />with an amendment. <br />Councilmember Davis asked, If a plan is only meeting one twenty -fifth (1/25) of its goals and <br />another plan is meeting ninety -six percent (96 %) of its goals, wouldn't it be wise for <br />Councilmembers whose plan is hitting ninety -six percent (96 %) of its goals to make sure that <br />they are more aggressive with that plan, and the one that is hitting one twenty -fifth (1/25) of its <br />goals you don't really have to aggressively push for? <br />Ms. Smith responded, It's hard, in this instance, when you're talking about the financial aspect of <br />it, because there are a lot of goals other than the financial and investment ones. The <br />Comprehensive Plan was decided to come up with policies that are consistent with the <br />neighborhood. The financial aspects often come into projects that would enforce those policies. <br />Those projects are often laid out and may or may not ever come to fruition. The planning aspect <br />is looking at the land -use matters, not the financial stuff behind the land -use matters. If it was up <br />to the Council to evaluate these plans, looking at those might be indicators that maybe a plan is <br />out of date, or it was not a good policy to start with. Those would be indicators to maybe go back <br />17 <br />