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Community Development Director Frolik stated that in talking with Andover they have indicated <br />that they have found a glitch in their contract rezoning policy because they write them so specific <br />to include hours of operation. If a new use comes in they have to find a way to rewrite the <br />contract. <br /> <br />Councilmember Hendriksen replied that he thinks it is a good thing to have to rewrite something <br />to allow for something that the Council could agree to rather than not being able to stop <br />something they don't agree with. <br /> <br />Councilmember Zimmerman stated that making the rezoning contingent upon the development <br />proceeding as proposed could be an incentive to the developer because once they know the <br />Council is in favor of the plan then the zoning would be rather automatic. <br /> <br />Mayor Gamec inquired if Councilmember Zimmerman was recommending that they don't <br />initiate the rezoning until the development plan is approved. <br /> <br />Councilmember Zimmerman suggested allowing the developer to begin construction of the <br />project and then rezone the property. <br /> <br />Councilmember Hendriksen replied that they couldn't do that. He stated that if they are going to <br />make decisions based on what is presented to them then they need to make sure what is presented <br />actually occurs. <br /> <br />Councilmember Kurak inquired if there had been a lot of problems in the City where a developer <br />has requested a rezoning and then changed the type of development for which he originally <br />proposed. <br /> <br />Councilmember Hendriksen replied that the Reilley Estates development was an example. <br /> <br />Councilmember Kurak stated that ReilleyEstates was an issue where the landwas not developed <br />for some time and then they requested a rezoning change. -She inquired if there has been a <br />problem with the City changing a zoning based on a proposed development and then the <br />developer backing out of that plan to build something different. <br /> <br />Community Development Director Frolik replied no. She explained that typically when a <br />developer has a proposal in mind, once it is approved they go forward with that plan. <br /> <br />Councilmember Zimmerman pointed out one area where it was an issue is the adult bookstore. <br /> <br />Community Development Director Frolik noted that that property was not rezoned. <br /> <br />Councilmember Zimmerman stated that he would like to have the proper ordinances in place <br />before there is a problem in the City. He stated that some cities are having real problems with <br />strip clubs. <br /> <br />City Council/May 6, 2002 <br />Page 3 of 18 <br /> <br /> <br />