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<br />City Council Regular Meeting - 10/11/04 <br />Minutes - Page 23 <br /> <br />more consideration be given to the time available for public <br />comment. Councilmember Ihlan again expressed her concerns <br />that adequate public testimony had not been heard prior to the <br />proposed Council action of October 25, 2004 regarding this land <br />use decision. <br /> <br />Councilmember Ihlan reiterated her concerns regarding whether <br />or not an amendment to the Comprehensive Plan was required, <br />not just an amendment to the Master Site Plan; and the legalities <br />that dictated a super-majority voting requirement as she <br />interpreted in state law. <br /> <br />Councilmember Ihlan sought clarification from the City Council <br />on how to address her concerns and asked that the City Council <br />consider revisiting the City Attorney's legal opinion. <br /> <br />Mayor Klausing referred to the written legal opinion previously <br />provided by the City Attorney, dated August 9, 2004. Mayor <br />Klausing suggested that, if Councilmember Ihlan wanted a <br />written follow-up response to her recent e-mail with specific <br />questions prior to the Council's anticipated action on October 25, <br />2004, a specific request could be accommodated. <br /> <br />Councilmember Ihlan opined that the Planning Commission <br />needed resolution of the questions she had raised, not just the <br />City Council, prior to their recommendation to the City Council <br />on the actual request and legal requirements. <br /> <br />Councilmember Kough concurred with Councilmember Ihlan's <br />concerns. <br /> <br />Mayor Klausing requested comment from City Attorney Hedtke. <br /> <br />City Attorney Hedtke advised that he would consult with City <br />Attorney Scott Anderson for his expertise in defending land use <br />issues, to determine his rationale for his previous legal opinion in <br />light of Councilmember Ihlan's concerns and questions. City <br />Attorney Hedtke advised Mayor Klausing that he would request <br />that Mr. Anderson provide a written, rather than verbal response, <br />to those issues. <br />