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<br />Meeting Minutes - CC <br />Page TWQ <br />June 14, 1989 <br /> <br />the City Council members, the Mayor, and/or the Planning and <br />Zoning Commission would be able to defend the plana He noted <br />that this could be costly and embarrassing if <br />challenged in a court of law. He noted that the Ci ty <br />Attorney, City Planner and City Engineer would not be called <br />in to testify a law suit regarding the comprehensive plan. <br /> <br />-He noted that policies should be guidelines that could be <br />followed in the future where applicable. <br /> <br />-He noted that the bottom line is that is the City going to <br />be able to defend the comprehensive plan in a court of law. <br /> <br />-He recommended that the City retain an independent hearing <br />officer, and keep separate r"ecords regarding the comprehensive <br />plan. <br /> <br />- He noted that it appears that there is a trend which may <br />continue in the future at which Cities are looking at more <br />litigation. The City should be as prepared BS possible. <br /> <br />-He recommended that the City delete the word "shall" as he <br />has suggested in his comments to the City in a letter dated <br />March 30, 1989, which is a part of the May 11, 1989 Planning <br />and Zoning Commission meeting minutes. <br /> <br />Andrew Mack, City Planner, noted several points. <br /> <br />-He respected Blomquists comments, but did not share the same <br />self imposed obligation and concerns. <br /> <br />-He noted that he did not totally disagree with Blomquist. <br /> <br />-He advised that if the City is not comfortable wi th the <br />statements in the comprehensive plan then that needs to be <br />worked through and he stands ready to assist the City Coucnil <br />inmaking requested changes. <br /> <br />-He noted that Northwest Consultants is retained by the City <br />as a consultant, and has provided their beat planning <br />recommendations to the Planning and Zoning Commission who <br />recommends to the City Council. <br /> <br />Council member Burgstahler advised that he originally felt <br />comfortable with the plan as it is , but now with Barry's comments <br />it is apparent that some items within the plan will be put aside <br />by the City which could lead to litigation concerns. He noted that <br />it may not be that hard to eliminate the word "shall" making many <br />items guidelines. He noted that Mayor Haberman had expressed <br />similar concerns as Blomquist fr"Qrn the beginning, arid gave tlim <br />