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Planning Commission Meeting Minutes -Wednesday, November 07, 2007 Page 7 Chair Bakeman noted that these were new owners for the mall; however, noted that a condition of 2000 approvals for the Cub Store were that current contact numbers be listed and accessible in the public portion of the Mall for reporting just such concerns. Mr. Paschke advised that, regarding snow removal and/or storage, and other issues, the City needed to be aware of the issues and non-conformities before they could address and remedy them. Mr. Paschke further addressed the fencing requirements, specific to code, and expressed a willingness to work with neighbors in addressing their concerns, to the limits allowed under current code. Chair Bakeman reminded and encouraged residents to alert new mall owners, and City staff, of issues. Ms. Swann opined that the neighbors wanted the mall to be successful; and sought assurances that the mall would be a good neighbor and show good faith efforts to the neighbors. Corrine Gallemore, 1455 W Eldridge Avenue Ms. Gallemore addressed snow melting and storage adjacent to the residential properties, in addition to ice conditions developing due to snow storage; and lack of maintenance by the mall owners of the fence, trees, and landscaping adjacent to the apartments. Mary Miller, 1456 Burke Avenue Ms. Miller addressed noxious fumes from snow removal and melting machines adjacent to the fence on the east side of the property; and questioned the hours of operation of the proposed restaurant, due to noise concerns. Mr. Hart was unsure of exact hours of operation at this point, but estimated 9:00 - 10:00 p.m. closure, consistent with the remainder of the mall, with the exception of Old Chicago; and assured Ms. Miller that the restaurant use would not be a noisy operation. John Ridge, 1454 Eldridge Avenue W Mr. Ridge questioned the staff report, Section 6.16 (Floor Area Ratios) and whether Har Mar had not already exceeded their space in relation to their parking lot. Mr. Paschke advised that previous City Code was modified in 2000, related to floor ratio calculations; with this zone consistent with other commercial areas, with heightened requirements created in the PUD process for City review and approval. Written Comment Chair Bakeman summarized written comment received by staff and the Commission related to this proposal, from John and Cindy Ridge; Phil Cooper (e-mail correspondence); and Donald Molanar; attached hereto and made a part thereof. Chair Bakeman closed the Public Hearing at 9:18 p.m. MOTION Member Doherty moved, seconded by Member Bakeman to RECOMMEND APPROVAL of the requested PLANNED UNIT DEVELOPMENT AMENDMENT for Har Mar Mall to redevelop the Firestone site with a new outlot/structure adjacent to County Road B; based on comments in Section 6 and conditions of Section 7 of the project report dated November 7, 2007. Commissioner Boerigter advised that he would support the project; however, did not support closure of the right-in/right-out access, understanding the difficulties of the property owner; and opined that he was not convinced that the intersection needed to be closed, while understanding the issues related to u-turns, questioned whether this development would impact those issues. Commissioner Boerigter further opined that the proposed improvement, or a restaurant and two (2) small retail suites, in addition to improved snow removal and storm water management, and landscaping, was overall a positive for the City. Commissioner Boerigter expressed concern with landlord representations to lessees and the appropriateness of a condition related to closure of the