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City Council Study Session - 07/19/04 Minutes - Page 4 civil liberties versus the City's responsibility and authority to protect the health, safety and welfare of its citizens. Mr. Goodman further noted that, regardless of the outcome of the Cemetery's appeal through the court system, the RNRG was asking the City Council to consider amending their zoning ordinance at this time. Mayor Klausing recognized the request of the RNRG, noting that the City Council would not be taking formal action at tonight's meeting, and a formal request of the RNRG could be taken under advisement, pending consultation with the City's Attorney to determine ramifications to the City while litigation was pending between the City and Roseville Cemetery. Mr. Goodman opined that the City had the legal right to change rules at this time, and advised that his firm had provided specific case law to the City Attorney for their reVIew. City Attorney Eric Hedtke confirmed that the case law had been provided to the City Attorney's office for review, but that their staff was also researching additional information and ramifications to the City's strategy on appeal, and whether the case law presented could be deemed arbitrary and capricious. Mayor Klausing concurred with Mr. Hedtke's recommended course of action and forthcoming legal opinion on the matter, in addition to discussions and an opinion from the City's League of Minnesota Cities Insurance Trust (LMCIT) Attorney George Hoff, who is handling the litigation for the City. Mr. Hedtke sought direction from the City Council as to whether they were requesting a written legal opinion; with Councilmembers concurring that a written legal opinion be provided for discussion at a later meeting, whether in Executive Session or at an open public meeting.