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• <br />• <br />• <br />COUNCIL MINUTES SEPTEMBER 9, 2002 <br />The Board recommended approval of all three requests with the conditions outlined in the staff <br />recommendation. <br />Mr. Kirmis advised staff recommends approval of the preliminary plat request based on the findings <br />in Resolution No. 02-111, and subject to the conditions in the resolution. <br />Mr. Kirmis advised staff recommends approval of the site and building plan request, based on the <br />findings in Resolution No. 02-112, and subject to the conditions in the resolution. <br />Mr. Kirmis advised staff recommends approval of the conditional use permit request, based on the <br />findings in Resolution No. 02-113, subject to the conditions in the resolution. <br />Councilmember Carlson requested confirmation that the CEPTED report has been verified and the <br />issues contained within that review have been resolved. Mr. Kirmis stated this was correct. <br />Councilmember Carlson requested confirmation whether the engineering concerns of August 9, 2002 <br />have been addressed. Mr. Kirmis responded affirmatively. <br />Mayor Bergeson stated he was in favor of the concept of PDO's and he felt it best when developers <br />and City staff negotiate details of a development, such as with this example. He noted there are <br />normally no stipulations made regarding who the tenants of a development will be. However, during <br />the review process of this development he had heard that a tobacco shop may occupy one of the <br />spaces. He indicated this had not been brought up during the Planning and Zoning Board review of <br />this development and he was concerned that this development was to be a family-oriented shopping <br />center. He was not certain it would be appropriate to allow a tobacco shop in this center. <br />The Applicant indicated he has met with some mixed response from the market place on this <br />proposed shopping center. He indicated he received an early response from a liquor store wishing to <br />locate within this development and this business intended to sell some tobacco products. He noted <br />this use was allowed under the current zoning designation. <br />Mayor Bergeson stated he understood that many different types of establishments sell tobacco <br />products, however, he was concerned with the possibility of a large portion of this shopping center <br />being dedicated to the sale of tobacco products and a large tobacco store sign being constructed. He <br />felt this would not fit with his vision of the proposed development. <br />The Applicant indicated the tenant would not be a tobacco store, rather a liquor store that sells <br />tobacco products has expressed interest in this development. He indicated the other interested tenants <br />for this shopping center were Caribou Coffee, Subway, Papa Murphy's Pizza and Movie Gallery. <br />Councilmember Carlson expressed concern that the City ordinance does not specifically address <br />tobacco and liquor uses. She noted the license submitted by the subject tenant had the name Eagle <br />Liquor and Tobacco. She too was concerned that this was intended to be a family oriented shopping <br />center with family businesses and she did not want too many adult-oriented businesses. She noted the <br />City would be providing flexibility on the proposed lot sizes and setbacks and she asked that this <br />development include one or another adult -related business but not both. <br />15 <br />