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Chairperson Gengler asked for an update on the ordinance that was considered by the Planning <br />Commission at its last meeting. <br />Planning Manager Larson replied that ordinances must be considered twice by the City Council, <br />noting that the first reading was approved with a vote of 4-2 and the second reading will be <br />considered on Tuesday. He described how variance requests would go through the review process <br />if the second reading is approved. <br />Commissioner R. Bauer stated that he still feels that this adds an extra step and delays the process <br />for residents, noting that the current system has worked fine for years. <br />Commissioner Lubarski agreed. <br />Commissioner N. Bauer commented that all members of the Commission were appointed by the <br />City Council with the faith that they could execute the duties of the Commission, and was unsure <br />why the City Council would want that to change. <br />Chairperson Gengler would recommend that it is something we can certainly ask for feedback on <br />and there's the opportunity to attend City Council meeting to share those thoughts as well. <br />Commissioner VanScoy asked who would be responsible for the costs of going to court, as the <br />appeal process would then go through the courts. <br />Planning Manager Larson replied that the person appealing the decision would file in court and <br />pay the associated fees, and the City would become the defendant. He recognized that the cost <br />comes from the representation of legal counsel. <br />Commissioner N. Bauer inquired who would represent the city if it were named as the defendant, <br />and asked if it would result in any cost. <br />Planning Manager Larson confirmed that the city attorney will represent the city. There will be <br />some cost involved, which depends on how the matter falls under our League of Minnesota Cities <br />insurance policy. However, he is not familiar with the specific details of that coverage. <br />Chairperson Gengler asked could it fall to the resident to pay for the city attorney fees. <br />Planning Manager Larson stated that it certainly could, but noted that these questions are best <br />answered by the city attorney. He recommended that the commissioners attend the City Council <br />meeting on Tuesday because the city attorney will be present at the meetings. <br />Commissioner R. Bauer asked whether the Tuesday City Council meeting is a public hearing, if it <br />can be joined remotely, or if attendance in person is required. <br />Planning Manager Larson stated that the meeting will be on the Council business section, which <br />is not a public hearing. However, the mayor can allow public comment if informed in advance that <br />someone wishes to speak. <br />Planning Commission/ November 20, 2025 <br />Page 5 of 6 <br />