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<br />9. With respect to Paragraphs 10 and 11, the City is without information or knowledge <br /> <br /> <br />sufficient to form a belief as to the truth of the allegations set forth therein and puts Plaintiff to <br /> <br /> <br />its proof thereon. <br /> <br />10. Admit Paragraph 12. <br /> <br />11. With respect to Paragraph 13, admit that the Staff recommended approval, however, <br /> <br />subject to nine (9) conditions. <br /> <br />12. With respect to Paragraph 14, admit that the Planning Commission recommended <br /> <br />approval, however, subject to twelve (12) conditions. <br /> <br />13. Deny Paragraph 15; affirmatively allege that the Council directed the City Attorney to <br /> <br />prepare draft Findings for review and consideration by the Council on August 27, 200l. <br /> <br />14. Admit Paragraph 16. <br />15. With respect to Paragraph 17, admit that the City's Code Section provides for <br /> <br />consideration of certain factors, deny the remaining allegations of the paragraph. <br /> <br /> <br />16. Deny Paragraph 18. <br /> <br /> <br />17. With respect to Paragraph 19, admit that Council Member Klausing made certain <br /> <br /> <br />statements at the Council Meeting and affirmatively allege that the recording of the Council <br /> <br /> <br />Meeting speaks for itself. <br /> <br />18. With respect to Paragraph 20, admit that Minn. Stat. 462.361, Subd.1 vests the <br /> <br /> <br />District Court with certain jurisdiction, and affirmatively allege that the statute speaks for itself. <br /> <br /> <br />19. With respect to Paragraph 21, that is a reallegation of prior paragraphs and no further <br />response is needed. <br /> <br />2 <br />