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MINUTES PUBLIC HEARING MAY 26, 1982 PAGE 8 Councilmember Chestovich comments that the Planning Commission asked for guidelines and criteria to be developed by the Neighborhood Task Force and then, in effect, disregarded them. She feels that the area should be developed under the PUD concept and just because one PUD was rejected, the PUD concept was not rejected. She also feels that the City should not be doing business with someone who has a law suit against the City. Variances should be given based on demonstrated need and not as part of an overall new development or at the convenience of the developer. Councilmember Eggert also agrees with Councilmember Chestovich that the developer has not given any demonstration of hardship and is concerned about the lack of park land dedication and the fact that the Council is proceeding without park land dedication or money in lieu of park land dedication. Abetter approach would have been a better PUD because the City would have retained better control. Upon a vote for the motion, as amended, to adopt Resolution 82-20 approving the preliminary and final plats for Bernwood Additions Nos. 2 and 3 together with variances, the following voted "yes": Mayor Warkentien, Councilmembers Larson and Ciernia, and the following voted "no": Councilmembers Eggert and Chestovich. Motion carried. RESOLUTION 82-20 1 i A RESOLUTION APPROVING PLATS OF BERNWOOD ADDITIONS 2 AND 3 AND GRANTING VARIANCES IN CONNECTION THEREWITH Mayor Warkentien moved, seconded by Councilmember Larson, that the engineer be directed to add the sewer, water and street design to the present plans so that they can all come under one project, which there- by saves money by having a larger project. Mayor Warkentien amends the motion to exclude the development of the north end of Prior as a regular street and will continue to use it as sewer, water and utilities, as needed. Councilmember Larson seconds the amendment. Motion carried unanimously. Councilmember Eggert moved, seconded by Councilmember Chestovich, that American Shelter Corporation be directed to put forth a proposal for adjusting the existing lot. sizes in Bernwood Addition No. 1 to accomodate the 35 foot strip of the present 60 feet--the present Prior Avenue--minus the easement for utilities (25 feet) or other proposals that would address the concern of permanent use of the, property. Motion carried unanimously. I COUNCILMEMBERS CHESTOVICH/ EGGERT VOTE ON MOTION RESOLUTION 82-20 MOTION TO ADD UTILITIES TO PRESENT PLAN MOTION TO ADJUST LOT SIZES IN BERNWOOD ADDITION ~~1 Willis C. A. Warkentien, Mayor Attest: Dewan B. Barnes, Clerk Administrator