Agenda - Council - 03/11/1997 - Laserfiche WebLink

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'1 I I I I I I I I I I I I i I I I I I 0~/07/~7 OFFICES 2140 Minn, Stat. § 471.'/0S, su~. I. Mina, Stat § 412.151, gubd. I. Metro 500, Ina, v, City of Brooidy. Part~ 2'/9 Mina. 294, 2! I N.W.20 238 0973): Inlat~d Constr. Co. v. City of Bloomington, 292 Minn. 379, 195 N,W.2d 58S (1972). 4TH RUE * 612 427 5545 NU.44~ ~4 * The names of the councBmembers and the mayor who voled either for or against each motion. Ordinance. s, resolutions and claims considered by the city council do not need to be fully detailed in the minutes if they appear in other perrmment records kept by the clerk and can be accurately identified by the description given in the minutes. Making an adequate record It is very important to make an adequate record of council decisions and the factual information that members based their decisions on. , Minutes are the primary record of the decision-making process and axe ~titieal if council actions become subject to judicial review. Council actions are classified as either legislative or administrative in nature. The establishment of general policies and procedures is legislative and is subject to limited judicial review. Courts typically will not substitute their judgement for a council's judgemenL Administrative or quasi-judicial actions involve the application of a general policy to a speci.fic person or situation. Administrative actions are subject to greater judicial scrutiny and will be set aside if axbitrary, unxeasonabb or capricious. Therefore, it is important for the council to develop an accurate record and findings. For example: in order for a court to meaningfully review council actions, the minutes must clearly and precisely state the council's finding of facts and how those facts led m the council's decision. Findings of fact serve not only to improve the decision-making process, but aid in judicial review. The findings are part of the record. When a court reviews council proceedings, they wiLl rely on the records the city kept, not on the records it might have maintained. Parts of the record · When thc city council or other governing body holds a hearing, the record usually consists of two separate parts: the transcript, which preserves testimony, and the final order or determination. Following is a sample final order outline for a special use permit. The elements of the order reflect the steps taken by a hearing body in arriving at a decision. * A caption or title, such as, "In thc matter of Ms. X's application for a special use permit"; 163