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AttachmentH Regarding the Preliminary Plat, Mayor Roe expressed concern about whether a determination would be 580 available related to whether use should be considered at the time of Plat approval. While recognizing 581 that the Preliminary Plat was far along the road toward a Final Plat, without application of unrealistic 582 conditions, Mayor Roe opined that the City Council was not currently in a position to approve a Final 583 Plat tonight. 584 Councilmember McGehee advised that she had personally researched those issues raised by 585 Councilmember Pust tonight with three other independent attorneys, including one with the LMC, who 586 concurred with Councilmember Pust’s interpretation. Councilmember McGehee noted that this was her 587 rationale in addressing some of those issues in her memorandums as previously referenced as bench 588 handouts. Councilmember McGehee stated that she specifically tied the use to the Plat, based on her 589 conversations with the LMC and the City’s Zoning Code, addressing those topics raised by the public 590 tonight. Councilmember McGehee spoke in support of waiting to take action. Councilmember 591 McGehee also stated that her understanding of preliminary and final plat was quite a bit more than “just 592 drawling lines.” The preliminary plat, she said, is where all the points are made. 593 City Attorney Gaughan noted that the City Council could schedule a special meeting to address the land 594 use 60-day review period that only had fourteen (14) days remaining. 595 Mr. Trudgeon noted that the applicant could choose to extend the review period, however the City could 596 not as it had already done so, as well as the development clock stopping during the RGU review of the 597 citizens’ petition. 598 Councilmember Pust asked for a response from the applicant’s representative regarding their preference 599 to extend the review period or table action beyond the original sixty (60) days unless a special meeting 600 was scheduled. 601 Sue Steinwall, Legal Counsel for Wal-Mart 602 Ms. Steinwall advised that she could not respond without first consulting her client. 603 Mr. Trudgeon reminded Councilmembers that lack of action on the part of the City Council on the land 604 use issue by not meeting the review deadline would automatically serve as an approval by the City of the 605 Preliminary Plat without a Development Agreement in place. 606 Pust moved, McGehee seconded, TABLING this discussion to a date uncertain for staff and the City 607 Attorney to provide additional information and clarify those discussion items brought forward tonight 608 regarding Preliminary and Final Plat processes and the Development Agreement provisions and process. 609 Roll Call 610 Ayes: Pust; McGehee; and Roe. 611 Nays: Willmus; Johnson. 612 Motion carried. 613 Discussion among staff, City Attorney Gaughan, and Councilmembers included the option of calling a 614 special meeting prior to the review deadline; and whether, once consulted, the Wal-Mart Corporate 615 Office could choose to provide a letter authorizing another extension; and the need for the City Attorney 616 and staff to consult further on this particular issue before any decisions are made by the City Council. 617 Page14of14