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Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 09, 2012 Page 16 Based on the Board of Appeals, City Attorney Gaughan noted that, as the pro- cess was laid out in State Statutes, a decision could not be made without a rec- ommendation by the Planning Commission, necessitating their part in the pro- cess. Regarding the controversy of whether the proposed Wal-Mart is or is not a per- mitted use, City Attorney Gaughan noted that to-date, that has not come into play as part of the Plat analysis because the authority to make that decision had been delegated by the City Council to staff to make an administrative decision; with no provision available to have the City Council take back that authority to determined whether or not a use is permitted. Under City Code, City Attorney Gaughan advised that the issue came before the City Council only in their role as the Board of Adjustments and Appeals; and based on the applicant's request that the Administrative Appeal be addressed now rather than down the road as additional funds were expended by the applicant through the permitting process. City Attorney Gaughan concluded that this was the mechanics of why and how things were occurring at this point. Regarding what happens if the City Council approves the Preliminary Plat now and the Planning Commission subsequently recommends that this is not a per- mitted use, and the Board of Adjustments and Appeals concurred, City Attorney Gaughan noted that their Offices' recommended conditions for Preliminary Plat approval would sufficiently address any outstanding issues and/or pending liti- gation as applicable. City Attorney Gaughan noted that, even if not specifically addressed in conditions, as noted in previous discussions, a Preliminary Plat was simply redrawing lines, and whether those lines are drawn or not, the permitted or non-permitted use is not addressed. City Attorney Gaughan, in addressing Councilmember Pust's remaining con- cerns regarding the timing, noted that if the proposed Wal-Mart was determined to not be a permitted use, it would not impact the Preliminary Plat, or lines to be drawn, since those are distinctions. In allowing a determination by the City Council on approval or denial of the Preliminary Plat tonight, City Attorney Gaughan opined that this would keep the process moving, specific to the Pre- liminary Plat request currently before the City Council tonight. City Attorney Gaughan encouraged Councilmembers to keep the two issues distinct, the plat- ting issue and the use issue. Mayor Roe asked that City Attorney Gaughan address the Comprehensive Plan and approval of the Preliminary Plat, and the process if the applicant was ame- nable to granting the City an additional week for a determination on the Prelim- inary Plat.