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Councilmember Zimmerman stated that if the developer meets all of the obligations of the site <br />plan then the Council has to approve the rezoning <br /> <br />Mayor Gamec replied that if someone brings in a plan and it is determined that the City agrees <br />with the plan so the developer proceeds with the zoning, what would happen if they end up with <br />100 residents opposing the development. <br /> <br />Councilmember Zimmerman replied then it's possible the developer would not get their <br />rezoning. <br /> <br />Mayor Gamec stated that if the Council approved the plan he felt that they might be committed <br />to moving forward with the rezoning regardless of what the residents said. <br /> <br />Councilmember Hendriksen stated that if someone were to come in and request a high density <br />rezoning, then staff would ask for a plan. For an example the plan shows 500-fo°t setbacks from <br />all neighbors so the plan moves forward. After that happens the Comprehensive Plan is changed <br />so then the land use is changed and now the developer is not required to have the 500-foot buffer <br />so they end up selecting the minimum buffer. He stated that there are times the Council makes a <br />decision based on a plan and if they cannot guarantee that the plan before them is really going to <br />happen then what is the purpose. <br /> <br />Mayor Gamec stated that the Council does have a lot of authority and they should not be afraid to <br />use that authority. <br /> <br />Councilmember Hendriksen stated that currently they have a neighborhood meeting with a <br />landowner to determine if the residents would support a land use change and those residents will <br />probably make their decision based on how they feel about the plans. Once the land use is <br />changed there is no guarantee that what was presented to the residents will be what happens. <br /> <br />Mayor Gamec replied that that responsibility falls on the Council. <br /> <br />Councilmember Hendriksen felt that the Council should be able to back up if they say what they <br />see is what they get. He stated that he did not know why the City Attorney was not present for <br />the discussion. He stated that the Council needs to be able to assure to the residents that what is <br />before them would happen. He wants to know what options the Council has to guarantee the <br />process. <br /> <br />Community Development Director Frolik noted that the Council could initiate the change back to <br />initial zoning at any time. <br /> <br />Councilmember Anderson inquired if they might be talking about an extended performance <br />bond. <br /> <br />City Council/May 6, 2002 <br /> Page 5 of 18 <br /> <br /> <br />