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<br /> ---.----------- <br /> May 2, 1990 Planning Commission Minutes, Page 8 <br />for sale of the site by the Army. . <br />Carlson expressed dissatisfaction with that and asked where that <br />will get us. He felt it was not good enough, that all we do is <br />go round and round and it does not address item #1, knowing that <br />it is a violation of all the codes, etc. <br />McGraw asked if he would settle for getting legal opinions about <br />all items contained in 1-5 and having the Council report back to <br />the Planning commission. Carlson said yes, that would be better. <br />McGraw suggested th~t this be submitted to the city Council for <br />their recommendations and let them decide the legal action that <br />they must take to satisfy the Planning commission requests. <br />Martin felt item #3 (seeking action for the removal/relocation of <br />TCAAP) seems a little strong. McGraw stated he did not feel it <br />was strong at all, and it didn't bother him one bit, since what <br />the Army was doing is absolutely unreasonable and unfair, not <br />just illegal! He stated that if you do nothing today, nothing is <br />going to happen tomorrow. <br />Chair Probst said he is not sure anyone is recommending that <br />nothing be done today and he believes we are really serving our <br />own best interests from this investigation to find out what we <br />can and can't do and then take appropriate action. He also did <br />not think this was too strong and he did favor it; however he <br />believed that it would be strategically the wrong way to begin . <br />the process. Probst also noted the other issue is that there <br />must be some money required to get this started. <br />Martin stated he was not so sure the city attorney doesn't do <br />this type of thing every day and that perhaps we should seek <br />professional advice and counsel. He noted he did not like the <br />word "legal" in the motion. Chair Probst asked if the motion <br />should be to direct the City Council to seek counsel on the <br />possibility of pursuing any actions. <br />Martin stated he was having trouble with the language contained <br />in McGraw's recommendations and also felt we should find out what <br />the City rights as to current and future uses and ownership of <br />the property are. He objected to the court injunction demanding <br />that they Army cease and desist all operations on the present <br />site, and felt we are overreaching in that request. <br />Winiecki said we could send this on to the City council, they <br />will do what they want with this anyway. Martin responded with <br />that's fine, but that's not in my motion. <br />Voting on the motion: 6-2 (Carlson and Peterson) . <br />The Commission requested that the proposed recommendations <br />prepared by Commissioner Ray McGraw be copied and attached to the . <br />