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<br />JUL.15'2002 17:05 952 941 7968 <br /> <br />HOFF BARRY KUDERER <br /> <br />#1292 P.009 <br /> <br />10. With respect to Paragraphs 10 and II, the City is without information or knowledge <br /> <br />sufficient to form a belief as to the truth of the allegations set forth therein and puts Plaintiff to <br /> <br />its proof thereon. <br /> <br />11. Admit Paragraph 12. <br /> <br />12. With respect to Paragraph 13, admit that the Staff recommended approval, <br /> <br />however, subject to certain conditions. <br /> <br />13. With respect to Paragraph 14, admit that the PlannJng Co:oun.ission recommended <br />1"1 <br />,~"* . <br />approval, however, subject to a number of conditions. <br /> <br />14. Admit Paragraphs 15 and 16. ** (Cbeck the August 13 Minutes to see iftbere was <br /> <br />actually n vote to deny on thnt date, or simply a motion to direct the City <br /> <br />Attorney to prepare Findings) ** <br /> <br />15. With respect to Paragraph 17, admit that the City's Code Section provides for <br /> <br />considerat.ion of certain factors, deny the remaining allegations of the paragraph. <br /> <br />16. Deny Paragraph 18. <br /> <br />17. With respect to Paragraph 19, admit that Council Member Klausing made certain <br /> <br />statements at the Council Meeting and affinnatively allege that the recording of the Council <br /> <br />Meeting speaks for itself. <br /> <br />18. With respect to Paragraph 20, admit that Minn. Stat. 462.361, Subd.l vests the <br /> <br />District Court with certain jurisdiction, and affinnatively allege that the stau\te speaks for itself. <br /> <br />19. With respect to Paragraph 21.. that is a reallegation of prior paragraphs and no <br /> <br />further response is needed. <br /> <br />2 <br />