Agenda - Council - 07/11/1995 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I JUN 29 '95 02:5t RANDALL DEHH~OODRICH P,$/G interestris so particular and distinct from the public interest~that the member canno~ be expected to represent the public interest fairly in deciding the matter. The issue then becomes whether Councilmember Hardin had a disqualifyingl interest in voting on the Amber Ridge preliminary plat. The Minnesota Supreme Court addressed this issue generally in Lenz v. coQn .Cree~ Watershed Di~t_riQt 153 N.W.2d 209 (1967), which is Minnesota's ~andmark case on non-contract conflict of interest issues. In ~_~, the Court held: ' ~ The purl~Ose behind the creation of a rule which would disqualify public officials from participating in proceedings in a decision making capacity when they have a directlinterest in its outcome is to ensure that their decisionlwill not be an arbitrary reflection of their own selfish iinterest. There is no settled general rule as to whether such an interest will disqualify an official. Each case must be decided on the basis of the particular facts present. Among the relevant factors that should be consi!dered in making this determination are: (1) the nature or the decision being made; (2) the nature of the pecunia~ interest; (3) the number of officials making the de¢~sion who are interested; (4) the need, if any, to have ~nterested persons make the decision; and (5) the other means available, if any, such as the opportunity for revi~ew, that serve to ensure that the officials will not act~arbitrarily to further their selfish interest Len~, I._~. 219. Examination ~f each of the five rellevant factors laid out in Len~ compared to ~he present issue reveals the following: (1) Th9 nature of the de¢islo~ being ma~e; the decision being in ~the present case made was the approval of a prelim- in,fy plat. This action had previously received the planning commission's recommendation by a vote of six to one. Under Minnesota Statute and the City's Subdivision Code, the City is required to grant preliminary plat approval when the subdivider has complied with the subdivision ordinance requirements. The Amber Ridge Subdivision had complied with the City's Subdivision Code atithe time the developer requested preliminary plat approval. (2) The Nature of the Pe~umiary Interest; Councilmember Hardin reports that he is an officer of Northeast State Ba~k which bank provided certain financing for the Amber Ridge project. Councilme~ber ~ardin further reports that his salary was not affected in any way by the bank approving or disapproving the loan for the Amber Ridge degelopment and that his salary from the bank was not