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<br />. <br /> <br />. <br /> <br />. <br /> <br />" <br /> <br />Page 4 <br /> <br />Planning Commission Minutes <br />10/25/88 <br /> <br />After a lengthly discussion on this matter. several Planning Commission <br />members requested that staff contact the City Attorney and obtain a legal <br />opinion on this matter. Specific concerns that the Planning Commission <br />had were: <br /> <br />1. Whether or not the City has the authority to amend the PUD <br />Agreement. <br /> <br />2. Whether or not the City has any responsibility for guarantees that <br />the owners of the mall made to its tenants. <br /> <br />3. Whether or not the proposed amendment would have a detrimental <br />affect on the surrounding property owners. <br /> <br />COMMISSIONER OLSEN MOVED TO RECOMMEND TO THE CITY COUNCIL TO TABLE THIS <br />ISSUE UNTIL WE CAN GET A LEGAL OPINION 'FROM THE CITY ATTORNEY ON: <br /> <br />1. DETERMINING WHETHER OR NOT DISALLOWING THESE TYPES OF USES WOULD <br />CONSTITUTE' ABRITRATION AND CAPRICIOUS ACT. <br /> <br />2. <br /> <br />DETERMINING HOW THIS REQUEST COMPARES WITH STANDARDS <br />CONDITIONAL USE PERMIT. <br /> <br />FOR A <br /> <br />3. <br /> <br />IF THE CITY HAD TO CONSIDER THE MALL TENNANTS LEASES WHEN REVIEWING <br />THIS ISSUE. <br /> <br />COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION PASSED 5-0. <br /> <br />7. Consider Conditional Use Permit (Used Car Sales in the C-3A Zone) by <br />Northstar Service/P.H. <br /> <br />It was the consensus of the Planning Commission to table this issue <br />until adequate information is provided to the City. The site plan that <br />was submitted was not adequate for review purposes. The petitioners were <br />not in attendance for this issue. <br /> <br />COMMISSIONER <br />INFORMATION. <br />CARRIED 5-0. <br /> <br />SCHROEDER MOVED TO <br />COMMISSIONER KIMBALL <br /> <br />TABLE THIS ISSUE BECAUSE OF LACK OF <br />SECONDED THE MOTION. THE MOTION <br /> <br />8. Preliminary Plat Review for Deerfield 4th by Elk River Development <br />Corporation <br /> <br />It was the consensus of the Planning Commission to table this issue due <br />to lack of accurate information on the plat to address this issue. <br /> <br />Chairman Kropuenske indicated that they would open the public hearing <br />beacuse of the number of people present for this issue. <br /> <br />Kevin Owens - 11326 192nd Avenue - stated his concern regarding traffic <br />on 192nd Avenue. He was further concerned about adequate lighting in <br />this area. <br />