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I I I Council Meeting Minutes June 7,1993 Page 4 Council Business. continued The two parties had met without a mediator and have come to an agreement. This agreement states that the homeowner would accept the proposed development provided that his property would not be rezoned. Also, the homeowner would not object to the property being redesignated under the Comprehensive Plan as Limited Business. The applicant has provided some assurance to the homeowner that there would not be a lock on his property if it were sold in the future. Both parties agreed that if the Walkers were to sell their lot which would be zoned B-1, Schweiters would grant a 15 ft. expansion to their property. Also, documents were created which referred to the reimbursement of monetary loss if the Walkers took a loss on the sale of the property. Schweiters asked when the rezoning process would be completed. Mattila explained that Council could give first reading of the rezoning and approve the site plan tonight. On June 15, the Planning Commission will hold a public hearing to consider the Comprehensive Plan amendment. The Comprehensive Plan Amendment and the second reading of the rezoning would be presented at the June 22 Council Meeting. If approved, the rezoning would become effective the day after publication. Mattila noted that staff has begun studying the zoning issues on the west side of Cleveland Avenue and would report back to Council on July 13. Benke confirmed that after the June 22 Council Meeting, the City could accept building permits for that site. Mattila commented that, upon Council discretion, site grading could begin anytime. City Attorney LeFevere noted that the applicant could apply for a demolition permit to remove the existing building and trees. Schweiters asked if there is a possibility that the rezoning would not be approved. LeFevere noted that the procedure to amend the Comprehensive Plan requires a public hearing, but there is no reason to feel that the rezoning would not be approved. Benke noted that Council is bound to procedural steps, but does not see any reason to not approve the rezoning. Rebelein noted that because there has been a public hearing on this rezoning, she would look negatively at someone who would surface at the last moment to object to the rezoning. She complimented both parties for their efforts in resolving the issue. Mattila noted that assuming all actions are approved, it is anticipated that the rezoning would become official on June 23 or June 30 at the latest. However, the applicant could begin working with the Building Official regarding other building activities. Council Business Wooddale Rezoning Report 93-160