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City Council Regular Meeting — 09/13/04 <br />DRAFT Minutes - Page 15 <br />situation and discussion, it would appear from a legal <br />perspective, that there would be no justification for the City to <br />treat this situation differently; and that it could be interpreted as a <br />request to "gift" public monies to a private individual. Mr. <br />Anderson noted that this was not an authority available to the <br />City Council; but that rather it was their fiduciary responsibility <br />to protect public funds. Mr. Anderson opined that as a matter of <br />principal, municipalities discourage these types of claims; and no <br />evidence had been presented in tonight's discussion that would <br />indicate any City liability in this case; nor did he believe a court <br />of law would find evidence of city liability. <br />City Attorney Anderson further advised that applicable code <br />revisions could be considered, but should be modified on a <br />prospective basis, rather than retroactively, following determined <br />financial benefit for the City. <br />Further discussion ensued. <br />Schroeder moved, Ihlan seconded, referral of the City's sanitary <br />sewer and water code to the City's Public Works and <br />Transportation Commission for review; for their consideration of <br />all appropriate pieces of the system; and to provide <br />recommendation as to any revisions to the code or consideration <br />of changing the policy with respect to payment of repairs for <br />connections between individual service lines and the main sewer <br />and/or water lines. <br />Roll Call <br />Ayes: Maschka, Ihlan, Kough, Schroeder and Klausing. <br />Nays: None. <br />Mayor Klausing requested that the Commission provide this <br />information to the City Council within six to eight weeks. <br />8. Consider the Request of the Target Corporation for a <br />Comprehensive Land Use Map Amendment, Preliminary <br />Plat, Rezoning and Easement Vacation to allow <br />Redevelopment of the Existing Site at 1515 West County <br />Road B <br />City Planner Thomas Paschke provided an overview of the <br />request. Mr. Paschke referenced Section 1002.02 of the City <br />Resolution 10241 <br />Target Corporation <br />Comprehensive <br />Land Use Map <br />Amendment, <br />Preliminary Plat, <br />Rezoning <br />