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City Council Regular Meeting — 05/24/04 DRAFT Minutes - Page 13 their lack of relationship. Mayor Klausing opined that, while public notice was not required, he felt that in all fairness, the Council was obligated to provide notice to meet the public's reasonable explanations. Mr. Wa11 argued that the Council needed to be aware of the expectations of the applicants as well. Further discussion ensued. Councilmember Maschka opined that the City Council had no discretion in rescinding its previous action and granting the minor subdivision, as per current code, and changes to policy needed to be handled separately. City Attorney Anderson concurred with Councilmember Maschka's comments and for further clarification, provided a bench handout, showing case law from the Minnesota Court of Appeals in PTL, LLC, Realtor v. the Chisago County Board of Commissioner (No. CS-02-1170) for City Council review. Mayor Klausing noted that, while he had recused himself from voting on May 10, 2004 due to perceived conflict of interest, in further consultation with the City Attorney's office, that office had reiterated that there was no statutory, City Ethics Ordinance, or Code of Ethics for City Officials conflict evidenced. Councilmember Ihlan referenced Council discretion noted in several sections of the City's Ordinance (1104.04) related platting variations and minor subdivisions as they addressed unnecessary hardship and the purpose of platting, and questioned City Attorney Anderson on whether language in Section 1101.01 was permission. Councilmember Ihlan noted that, if the item were to be reconsidered, those would be the issues she would consider: the Council's purposes of platting and hardship determinations. City Attorney Anderson reviewed Section 1104.04 related to hardships, which he interpreted differently, opining that the statement was included because these types of subdivions were