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2 0 �. <br />SPECIAL COUNCIL MEETING JULY 17, 1989 <br />how he could vote to deny the rezone request. <br />Mr. Miller said that approval of a Planned Unit Development <br />(PUD) is an arduous process. He outlined the steps the <br />developer must take. He explained that because of this the <br />developer has incurred a lot of costs. Also considerable <br />authority has been given to the Planning and Zoning Board in <br />the City Code. The first step is a concept plan and the <br />Planning and Zoning Board has sole authority to approve or <br />deny the concept plan. The Planning and Zoning Board <br />approved the concept plan and this indicated to the developer <br />that the City was indeed interested in his development. <br />Mr. Reinert asked Mr. Miller if he was saying that when the <br />concept plan was approved by the Planning and Zoning Board, <br />it was a guarantee of approval by the Council? He said he <br />would not agree with this and felt it was an after the fact <br />request for a rezone. Mr. Miller said he felt the process <br />almost becomes contractual. If the rezone is not approved <br />then the City led Mr. Erickson down the "prim rose" path. He <br />further noted that if the Council was unhappy with the <br />development, they should have let the Staff know. Mr. <br />Reinert asked Mr. Miller how many times he updated the <br />Council on the progress of this development? He also said <br />the Planning and Zoning Board liaison should have updated the <br />Council if this was such a special and unique development. <br />Mr. Miller explained that he has talked to every Council <br />Member with the exception of Mr. Reinert. He asked Mr. <br />Reinert where his responsibility was in all of this. He <br />explained that Mr. Reinert never has contacted him on any <br />issue. <br />Mayor Benson noted that nothing was ever brought to the body <br />of the Council and felt the developer was taking a high risk. <br />He also noted that right or wrong, the Council has also made <br />some mistakes. <br />Mr. Neal told Mayor Benson that he knew about the development <br />at least four weeks before it was brought to the Council. <br />Mayor Benson said he had missed both Planning and Zoning <br />Board meetings when the development plan was submitted. Mr. <br />Neal noted that Mayor Benson did get the minutes. <br />Mr. Miller noted that the full Council set the public hearing <br />for the preliminary plat. He asked if the Council was <br />concerned at that time? <br />Mayor Benson noted these findings of fact: 1) there would be <br />a substantial increase in population density, 2) a <br />substantial increase in traffic and 3) the development is <br />inconsistent with the Comprehensive Land Use Plan. <br />Mr. Hawkins explained that there is nothing else to be done <br />at this time. If the City is sued by Mr. Erickson, it will <br />