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Session 1912 February 23 2004 County Asphalt Paving Co. Trammar Contracting Inc. Byrnes & Jones Construction Engineers Estimate $22,670.00 $25,410.00 $30,927.28 $26,732.00 Mr. Ollendorff recommended that this project be awarded to County Asphalt Paving Co., Inc. for their bid of $22,670.00. Mr. Wagner moved to adopt the consent calendar and Mr. Sharpe seconded the motion, which passed unanimously. AGENDA ITEM #2 - Rezoninq Public Hearinq for 7515 Delmar A public hearing has been scheduled for this time and place to consider the rezoning of this property from medium density residential to limited commercial. A majority of the Plan Commission recommends in favor of this rezoning. The applicant expresses an interest in utilizing this property for a two person legal office. The driveway is shared with the commercial building on the east side. There's commercial property across the street and residential uses to the west and north. Following the public hearing a bill to rezone this property may be requested by any member of Council. The public hearing was declared open at 7:40 p.m. Mr. Ollendorff advised a letter had been received from Bernice Kipling, the neighboring property owner to the north, who made several requests: that her property be spared from any run-off, that the fence not be raised, that the lighting be directed away from her property. If those conditions are met, the owner will not oppose the rezoning. Margaret Johnson, 7509 Gannon Avenue, had a question about the rezoning of residential areas for business: once the area becomes rezoned for business, is it open to any kind of business? Mr. Ollendorff explained that the request to rezone was for a category called "limited commercial," and could be used for other similar types of offices and some very limited commercial uses. It cannot be utilized for anything heavily automotive related, drive-in restaurant, or for very heavy, general commercial, but it could be used for limited commercial and office uses, other than legal office. The public hearing was declared closed at 7:45 p.m. Mr. Wagner said he thought the conditions mentioned in the constituent's letter were all very reasonable and he agrees the conditions should be met when approving the re- zoning. Mr. Lieberman asked if the Plan Commission held a public hearing on this matter as well, and was advised, no, that it was on the agenda of their public meeting, but not as a public hearing. Mayor Adams pointed out that in the City's comprehensive plan the question was raised as to whether the stretch of Delmar currently under Page 3