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Commissioner Blank stated that his goal is to try to ensure that the perspective of the Commission gets “its day in court.” He voiced the need for more balance. Commissioner Narum stated that she watched the video and that she was fine with what was presented and how it was presented. She indicated that she believed some of the concerns the Commission had were addressed in the staff presentation. She noted that staff specifically explained the amount of acreage per resident for the Park and the City’s standards. She stated that for her, the discussion that ensued was that there were legal issues that could not be discussed out in the open with regard to the lawsuit. Commissioner Blank noted that the Planning Commission had asked staff at the meeting if rezoning two of the three lots would satisfy the requirements specified in the lawsuit, and staff had answered yes. Mr. Dolan stated that outside counsel expanded on this. He noted that rezoning two parcels responds minimally to the legal requirement, but it is likely to appear more favorable to the court if the City went beyond because in the near future, there will be new requirements for additional housing units. Mr. Dolan added that whenever staff talks about the Planning Commission’s recommendation, which he personally thinks is captured well, staff always makes a reference to and includes practically verbatim Minutes. He indicated that in his experience, he believes the Council reads those Minutes and knows exactly what Commissioners say, and they get the flavor of the conversation more so from the Minutes. Commissioner Olson inquired whether the Minutes had been reviewed by the Planning Commission and approved by the Planning Commission prior to this City Council meeting. Mr. Dolan replied that they typically are, but on rare occasions when they are not, staff marks them “Draft.” Commissioner Olson indicated that every Council person he has spoken with tells him they read those Minutes. He added that the difficulty he would have is the case where the Commission has not seen or approved the Minutes and they go to the Council, which he feels is improper. Commissioner Narum stated that she believed those Minutes were approved prior to going to the Council. She added that two of the Councilmembers referenced the Planning Commission Minutes in the discussion. Commissioner Blank apologized that he did not see the video. He indicated that if possible, it would be helpful, when there is a difference in staff and Planning PLANNING COMMISSION MINUTES, October 28, 2009 Page 12 of 13