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Some of these policies may be relevant where highway <br /> acquisition is involved. However, that is state law and <br /> the city is bound by same. Otherwise, these policies <br /> provide little if any benefit and may place the city at <br /> a significant disadvantage. <br /> 18. P. 49, Land Disposition Policies - consider deletion of <br /> items #1 and #2; in whose view is a sale equitable? <br /> Obviously, the city must follow state law in such sales. <br /> 19. P. 51, #5 - again the self- imposed obligation to con- <br /> stantly monitor and update design guideline regulations <br /> appears unreasonable and may subject the city or its <br /> officials to necessary and frivilous criticism. Consider <br /> language less demanding such as a bi- annual review with the <br /> Planning Commission, etc. <br /> 20. P. 52, #3 - where public hearings are required, it may be <br /> beneficial to hold prior informational meetings; however, <br /> that is probably the exception and not the rule. An <br /> informational meeting requires the attendance of the <br /> council, the Planning Commission or some other body requiring <br /> the expenditure of time, money and resources. Such in- <br /> formational meetings should be discretionary, subject to <br /> the approval of the council. <br /> A word of caution is needed. Assuming you had or now have a sense of the <br /> role that the comprehensive plan plays in the development of the city, an <br /> in the drafting and enforcement of the implementing ordinances, it then <br /> becomes important to focus on the impact of that document upon the city <br /> council, the Planning Commission and any other appointed commission. It <br /> is well and good indeed the law requires that the city adopt a <br /> comprehensive plan. However, those involved in its adoption and <br /> implementation should not disregard the potential, adverse impact which <br /> attends that plan. It should be visionary in what it contemplates for the <br /> city. It should be conservative as to the burdens it imposes upon the <br /> city. The goals are visionary. It is the policies which must be <br /> carefully reviewed and drafted such that they may not be used against the <br /> city. <br /> If those policies are mandatory and constitute self - imposed obligations, <br /> view each in the context of whether you will be able to defend it if <br /> challenged. If those policies merely provide guidelines leaving the <br /> mandates to the implementation ordinances, then challenges are unlikely. <br /> Consider if and how you would defend each policy against an allegation <br /> that the city has failed to follow same. If you are comfortable that the <br /> policy can be defended or no defense is necessary, that policy is one with <br /> which the city can proceed. <br /> -6- <br />