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• • • COUNCIL MINUTES SEPTEMBER 9, 2002 City Clerk Blair recalled that, per the license applicant for the subject tenant, the business would consist of two separate parts and the tobacco portion of the business would be more intense than for other liquor stores. The Applicant indicated he has not seen the proposed floor plan for the subject tenant, however, he had assumed that this was a legal use that would conform to City standards. He noted a lease has not yet been negotiated for this tenant, rather the proposed tenant has simply submitted a letter of intent to locate within this shopping center. Mr. Kirmis noted the PDO zoning of Shopping Center District regulates the uses. He felt the City was bound to allow permitted uses to locate within a development. He added a PDO is an overlay that establishes flexibility in certain criteria but does not address specific uses. Mayor Bergeson indicated a developer does not have a given right to a PDO. He indicated a PDO is an agreement between the City and a developer to make concessions for a better design, which he felt was true in this situation. He noted the proposed building is better looking than the basic requirements of the Shopping Center Zoning District. Councilmember Dahl acknowledged that a liquor store may sell tobacco products and questioned whether the letter of intent from the proposed tenant had indicated the percentage of the business that would relate to tobacco product sales. The Applicant indicated at this point this is only a prospective tenant and it was his understanding that this business has not obtained the necessary licenses. He indicated the letter of intent was rather vague and he assumed this business would simply be a liquor store that would sell some tobacco products. Mayor Bergeson hoped that the applicant has heard the concerns of the City Council regarding uses that are compatible with a family-oriented shopping center. He noted the Council has heard from City staff that the City does not have a great deal of legal leverage to limit the proposed uses. Councilmember O'Donnell moved to adopt Resolution No. 02-111, Approving Preliminary Plat for the JADT Addition, as submitted. Councilmember Carlson seconded the motion. Motion carried unanimously. Resolution No. 02-111 can be found in the City Clerk's office. Councilmember Dahl moved to adopt Resolution No. 02-112, Approving Site and Building Plans for the JADT Addition, as submitted. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 02-112 can be found in the City Clerk's office. Councilmember Reinert moved to adopt Resolution No. 02-113, Approving Conditional Use Permit for an Accessory Drive Through, Lot 4, JADT Addition, as submitted. Councilmember Dahl seconded the motion. 17