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

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10:30~ LR~ OFFICES 2148 4TH RUE + 612 42? 554~ HANDBOOK I~0~ M'INNE~OTA CmF.:.S ,gaginaw Broadcasting ¢o. v, FCC. 96 F.2d 554 (D,C. Ch'.). cert, denied. 305 tO.S. 613 (1938)- · A preamble that summarizes the council's actions at the heating and states the purpose a:f the application; * Findings of fact (individually ~umbexed); - Conclusions or reasons; . A decision; . An opinion if any; and, · A copy of the transcript, tape recording or, at a tninimum detailed minutes that include ail objections and rulings on them (if any). The federal courts have suggested that a hearil~g body adhere to the following sequence in arriving at a decision: · Council rakes and weighs the accuracy and credibility of evidence; · After careful considera[ion of this evidence, the body makes a determination of facts that axe of a basic or underlying nature; · From the basic facts, the body makes findings or conclusions often in the language of the s~atute or ordinance; and, · From this finding, the council makes a decisio~l following the statutory criterion. When a council prcpaxes precise findings of relevant facts, a well- reasoned decision results. When a council can demonstrate that its conclusions arc consistent with all of the facts in the record, its decision is likely to be uphdd if judicially challenged. The record should also demonstrate compliance with all constitutional requirements, as well as all statutory and ordinance procedural requirements. (Often, due process deficiencies, such as lack of notice, provide grounds for appeal), ~ons, resoluti~ Passing o~and resolutions C~~ordinances and resolutions. Any ~ng the~or, may introduce an ~ances~..[esolutions axe before f~~ council, the council may act upon them at ~hem to a N0.435 I I i I I I I I I 'l I I I I I I I ,I