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PCMin_82Mar1_Public Hearing
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PCMin_82Mar1_Public Hearing
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-7- <br />• Harold Nilsen asked whether Attorney Swanson was satisfied with the NILSEN/ <br />wording of the permit form. Attorney Swanson advised that the permit SWANSON <br />was not yet in final form and the City Council has ample authority to <br />regulate the use of the property and it can do that by permit as well <br />as by the plans to be adopted for that property. When you approve a <br />PUD, you approve a plan as well as a written statement on how to <br />implement the plan. The plan includes the design, structures, etc. <br />and when that is approved, it is in a sense a contract, although <br />legally it is not. It is an ordinance on how the property can be used. <br />The plan can be changed by action of the City Council but the property <br />owner cannot change the -plan without Council consent. <br />Jerry Wallin requested Attorney Swanson look at the Resolution earlier WALLIN/ <br />passed to see whether or not its adoption constituted a defect in the SWANSON <br />proceedings tonight so as to jeopardise the city-and subject it to <br />litigation. <br />dark Ascerno, 1871 Tatum, requested the plan be disapproved until a MARK ASCERNO <br />guarantee can be made for an access onto Cleveland. 1871 TATUM <br />Ray Garcia, 1906 Prior, asked that the Planning Commission accept the RAY GARCIA <br />wishes of the people affected by the plan and reject the proposal 1906 PRIOR <br />until a proposal can be reached that is satisfactory. <br />Terry Brennan, President of American Shelter Corporation, indicated that TERRY BRENNAN, <br />he is the purchaser of the Hawkins-Hermes property and he intends to PRESIDENT, <br />• put the property to the best and highest use, a lawful use and a use AMERICAN <br />that can be accommodated for the people who will buy the property. He SHELTER CORP. <br />feels that the neighbors and the city will benefit from his use of the <br />property. A project of his has just been completed in 'Nest St. Paul and <br />it fits very favorable into the neighborhood. Mr. Brennan stated he <br />intends to meet his financial obligations and that he has met them in <br />the past. The initial fonder and takeout fonder has approved the design <br />and layout. Tom Mc Gough asked Mr. Brennan if he could put up a <br />performance bond. He answered he had the ability but it is very costly <br />but will do so if it is a statutory requirement. Mark Ascerno offered <br />pictures taken of the West St. Paul project and asked where the 200 mature <br />trees were planted? <br />Dick and Carolyn Gay, 1930 Summer, asked the total cost of the project. DICK AND <br />They expressed their views on timings of documents, changes in plans, CAROLYN GAY, <br />the tax base and building costs per square foot. 1930 SUMMER <br />Mark Ascerno asked if American Shelter Corporation will indeed be the MARK ASCERNO <br />builder/developer of the property. Thomas Goodman advised that if the <br />plan is approved anyone could build on the property according to the <br />specifications of the plan. <br />Erma Olson moved to adopt the preliminary plan for the following ERMA OLSON <br />reasons: <br />• <br />
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