CC MINUTES 07121977 - Laserfiche WebLink

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• prohibited uses. He then questioned the City Attorney regarding the legality of prohibiting massage parlors and adult book stores as well. Mr. Soth said the Council could appropriately exclude any use it chose under a P.U.D. and addressed the question of whether for economical reasons the developer might be allowed to substitute for a Performance Bond a Letter of Credit which is "unconditional and irrevocable" or a Cash Deposit. Mayor Miedtke said he thought it preferable to stipulate the amount of the Performance Bond than leave the matter of another method of guaranteeing performance left open for negotiation. He suggested the bond amount should be based on 2% of the estimated project value ex- cluding land values. Motion by Councilman Stauffer and seconded by Councilman Sauer to waive the 20% maximum commercial use restrictions under the P.U.D. section of the City Zoning Ordinance and approve the July 7, 1977 revision of the Concept Development : lan for P.U.D. for lots 10-16 , Block 6, Mounds View Acres Second Addition with amendments and corrections as follows: 1. Substitute "may be used" for "shall be required" in establishing the 25 foot front yard setback under II (D) . 2 . Change 33-1/3% to "33% under III (B 1) . - - • 3. The driving lane easement will be provided at the "northwest" corner rather than "northeast" under IIIA 6) . 4. "Massage Parlors" and "Adult Bookstores" shall be added to the prohibited uses under "C" (Commercial) listed in III (B 3) . 5 . VI (A) shall be restated as per Jim Fornell 's July 12, 1977 memorandum. 6 . VIII (C) shall be modified as per the same document so the residential development won't be held up awaiting approval of the commercial development of the P.U.D. 7. $24, 000 is the sum of the Performance Bond which shall be required under VIII (D) . Voting on the motion: Aye: Stauffer, Sauer, Miedtke and Sundland Nay: Haik • Motion carried. (3)