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City Attorney Goodrich inquired if they knew what type of medium density the developer would <br />be proposing, <br /> <br />Councihnember Hendriksen stated that there are some types of medium density that people <br />would agree with and other types that people would not, but if the land use designation is <br />changed to medium density the City would have no legal recourse if the type of development <br />changes. <br /> <br />City Attorney Goodrich replied that the alternative would be to make the medium density <br />designation as specific as they can so that they don't have specific agreements with each <br />developer. <br /> <br />Mayor Gamec inquired as to why they could not include a basic statement in the development <br />agreement. <br /> <br />City Attorney Goodrich stated that if a developer has a B-1 zoning they can develop the property <br />with any of the permitted uses, but if the City has a contract with the developer, the developer <br />would only be able to construct one certain permitted use. <br /> <br />Councihnember Hendriksen stated that if a property owner requests a land use change from low <br />density to medium density without an agreement that limits what can be done with medium <br />density, the developer would then have full rights to do what is allowed under the medium <br />density designation. <br /> <br />Councilmember Kurak inquired if the Council separates one property owner from 16 properties <br />and treats them differently could there be any legal issues on the part of the City. <br /> <br />City Attorney Goodrich replied that the City cannot discriminate. <br /> <br />Councilmember Hendriksen stated that a very strong argument could be made that special <br />privileges are being extended in one particular case. <br /> <br />Councilmember Kurak questioned if they were talking about one specific example or the entire <br />City of Ramsey. <br /> <br />Mayor Gamec stated that if three restaurants were being proposed and they chose to only have <br />one they would start controlling the free enterprise. <br /> <br />Councilmember Zimmerman stated that typically a developer requesting a rezoning is looking <br />for a higher use. <br /> <br />City Attorney Goodrich noted that the conditional rezoning would talk more about retail sales, <br />but would not talk about any franchise or any brand name. <br /> <br />Mayor Gamec replied that it could happen indirectly. <br /> <br />City Council/May 28, 2002 <br /> Page 4 of 6 <br /> <br /> <br />