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M E M O R A N D U M DATE: December 27, 1988 TO: Steve North FROM: Rick Jopke SUBJECT: Question concerning Brutger Companies the Concordia School site. An opinion needs to be obtained from the CiLy Attorney on whether or not the City Council can or should act on the Brutger Company application for the Concordia School site because of the changes which have been made in the project. The following changes have been made in the project: 1. The City will no longer be purchasing the school building and 8 or 10 acres for a Community Recreation Center. Brutger Company is now proposing to just develop 20 acres for housing and would leave the school building as is. Brutger Company and Concordia School will be attempting to find a new buyer for the school. The legal description in the legal notices covered the whole site. 2. The character of the housing project has changed. The developer is now proposing to develop 192 units of housing in 2 story cluster homes. The original proposal which was reviewed by the Planning Commission included 237 units of housing which consisted of 7 single family homes, 60 units of 2 story cluster homes, and two 85 unit 3 story apartments. This results in different site, landscape, grading and drainage plard.s. The current plan was developed based on neighborhood input. 3. The proposed roadways in the project would be private roads versus public streets in the original proposal. 4. No Tax Increment Financing would be involved. The Council, on October 24, 1988, continued the hearing on the original proposal until January 9, 1989. The question, again, is whether or not the City Council can legally act on the matter on January 9, 1989 in light of the above changes or should the applicant be required to withdraw the current application and submit a new application for the revised proposal.