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Staff is scheduled to come back to the Task Force on June 13th with proposed language for their <br />consideration and they hope to come before the Council by the end of June. <br /> <br />Mayor Gamec inquired if they as a Council agree with a plan and then the applicant goes to a <br />public bearing, would they really have the ability to vote the plan down. <br /> <br />City Attorney Goodrich replied that no agreements have been made up to that point. The <br />Planning Commission would have held the public hearing and presented the development and <br />then it is forwarded to the Council for consideration. <br /> <br />Mayor Gamec inquired as to how the Council could deny something they have agreed with. <br /> <br />City Attorney Goodrich replied that there would have been no formal action taken. <br /> <br />Councilmember Hendriksen inquired if a Council has already approved a land use designation <br />how can they draft a development agreement that's restrictive, especially if the developer does <br />not agree. <br /> <br />City Attorney Goodrich replied that currently the City has all the land designated in a land use <br />plan, therefore, a developer has the right to develop under the guidance of the Comprehensive <br />Plan and often that takes rezoning, site plan, and preliminary plat where there could be <br />significant discussions. <br /> <br />Councilmember Hendriksen stated that once the Council has changed the land use they have little <br />or no influence over the outcome as long as the developer meets the requirements for the land <br />use. <br /> <br />City Attorney Goodrich replied that that was correct. If the Council feels there have been errors <br />made in the Comprehensive Plan then they should be changed. <br /> <br />Councilmember Zimmerman inquired as to how strong the proposed plan is when dealing with <br />conditional rezoning. He questioned if a business wanted a tract of land that was medium <br />density and wanted an apartment and a business, and received approval, and then they started the <br />apartment and changed their mind on the business section, what would happen. <br /> <br />City Attorney Goodrich explained that in theory the Council would have the ability to take back <br />the zoning designation on the property that has not been constructed. The City could also go to <br />court to prevent anything from being built on the property other than what was agreed to or the <br />City could opt to not issue the building permits to begin the process. <br /> <br />Councihnember Zimmerman inquired if the Council can require that a certain part of the <br />development is done first. <br /> <br />City Attorney Goodrich replied yes. <br /> <br />Councilmember Hendriksen inquired if it was true that in order to affect the land use designation <br />they would have to have the contract in place prior to changing the land use designation. <br /> <br />City Council/May 28, 2002 <br /> Page 3 of 6 <br /> <br /> <br />