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stated he is not suggesting this is a certain thing. There is no guidance in case law - there <br />is not much information on related issues. <br /> <br />City Attorney Goodrich reiterated there is little guidance in state law to give more <br />support of Mr. LeFevere's opinion. What's strong is the Chapter 410 analysis. That's <br />what our Charter is based on. It outlines what our Charter may contain. He agreed that <br />most likely a court would find Section 14.1.3 invalid. He noted that Chapter 462 is a <br />series of statutes dealing with land planning. There's an established procedure and all of <br />that is taken away by Charter Section 14.1.3. That section takes away the landowners <br />rights also. <br /> <br />City Administrator Norman reported that the proposed Burger King project has requested <br />City utilities to their property. The current request is a minor comprehensive plan <br />amendment. <br /> <br />Commissioner Anderson inquired if this goes to the Metropolitan Council to which Mr. <br />Norman replied yes. <br /> <br />Commissioner Anderson thought the big expansions were the intent of this Charter <br />amendment. She suggested minor expansions are apt to take place with some frequency. <br />This is not workable. <br /> <br />Mr. Goodrich responded that this section makes comprehensive placating literally, <br />impossible. He added that if the City Council accepts the opinion that 14.1.3 is not <br />lawful, that decision will apply to minor and major amendments. <br /> <br />Commissioner Anderson was not sure she wanted to fight this battle over a Burger King. <br /> <br />Commissioner Kiefer felt that the Burger King is a moot point. What's before the , <br />Charter tonight is that the City Council would like to go forward and expand the MUSA <br />line and agree with the opinion that this Charter amendment is not valid. They are <br />looking for the Charter Commission to give an opinion as to whether or not we agree <br />with the attorney's findings and that we support the City Council in moving forward with <br />that decision. <br /> <br />Mr. Norman stated that the issue is whether we need voter authority for a comprehensive <br />plan regarding a major or minor amendment. <br /> <br />Attorney Goodrich stated that this totally switches things around from Chapter 462. The <br />Councilmembers are elected to represent this City and undertake the responsibility given <br />to them by the State legislation. One is the Land Plan Act. This Charter section takes <br />away the City Council authority. <br /> <br />Commissioner Anderson stated that if we fight over what appears as getting a Burger <br />King, we lose again. The proponents come out looking like motherhood and apple pie. <br /> <br />Charter Commission/June 15, 1998 <br /> Page 2 of 5 <br /> <br /> <br />