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City Council Regular Meeting — 09/27/04 <br />DRAFT Minutes - Page 20 <br />issues and Langton Lake and park. Councilmember Ihlan <br />provided a copy of the post card for display purposes and her <br />proposed additional area for extended notice. <br />Councilmember Maschka questioned why rationale didn't exist <br />for noticing the entire community, given the potential impacts for <br />the entire community. <br />City Attorney Anderson expressed concern in extending the <br />notice area by picking and choosing areas beyond those defined <br />by State Statute and City Code, opining that this could actually <br />create more of a litigation issue, with claims that fair and due <br />process had been denied if a particular area was not notice. City <br />Attorney Anderson cautioned that this could provide a legal <br />argument that may not otherwise exist in an effort to derail the <br />project entirely. <br />Further discussion ensued regarding the notice boundaries; and <br />courtesy notice and involvement of surrounding cities. <br />Councilmember Schroeder opined that notification in the City's <br />legal newspaper constituted notification city-wide; and supported <br />the mailed notice provided within the 350' designated area, along <br />with the addition of the two previously-defined neighborhoods. <br />Councilmember Schroeder further opined that going beyond that <br />area was beyond the call of duty, and may ultimately open the <br />City to more legal problems, as outlined by City Attorney <br />Anderson. <br />Councilmember Maschka concurred with Councilmember <br />Schroeder's interpretation, and opined sufficient mailed and <br />published notice intent had been served. <br />Councilmember Ihlan reiterated her concerns, encouraging the <br />City Council to maintain consistency in the process and in <br />extending the notice area. <br />Mayor Klausing concurred with Councilmember Ihlan's <br />concerns to extend the notice area; but opined that additional <br />mailings would not have much of an impact and questioned <br />where to limit notice. <br />