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Metro 500, Irtc. v. City of <br />Brooklyn Park, 297 Minn. 294, <br />211 N.W.2d 358 (Minn. 1973); <br />Inland Constr. Co. v. City of <br />Bloomington, 292 Minn. 374, <br />195 N.W.2d 588 (Minn. 1972); <br />Bank of America, FSB v. City of <br />St. Paul, No. C7 -97 -1073 <br />(Minn. Ct. App. Feb. 17, 1998) <br />(unpublished decision). <br />See also cases cited concerning <br />the necessity of findings in <br />Handbook, Chapter 14 (land -use <br />decisions). <br />CHAPTER 7 <br />Council actions are generally classified as either legislative or <br />administrative in nature. The establishment of general policies and <br />procedures is legislative action and is subject to limited judicial review. <br />Courts typically will not substitute their judgment for a council's judgment <br />on these topics. <br />Administrative or quasi-judicial actions involve the application of a general <br />policy to a specific person or situation. Administrative actions are subject <br />to greater judicial scrutiny, and will be set aside if they are arbitrary, <br />unreasonable or capricious. Therefore, it is important for the council to <br />develop an accurate record and findings. <br />For example, in order for a court to meaningfully review council actions, <br />the minutes must clearly and precisely state the council's finding of facts <br />and how those facts led to the council's decision. Findings of fact serve not <br />only to improve the decision - making process, but also aid in judicial <br />review. The findings are part of the record. When a court reviews council <br />proceedings, it will rely on the records the city actually kept and not on the <br />records the city might have maintained. <br />4. Parts of the record <br />When the city council or other public body holds a hearing, the record <br />usually consists of two separate parts: the transcript, which preserves <br />testimony, and the final order or determination. Following is a sample <br />final -order outline for a conditional use permit. The elements of the order <br />reflect the steps taken by a hearing body in arriving at a decision: <br />• A caption or title, such as, "In the matter of Ms. X's application for a <br />conditional use permit." <br />• A preamble that summarizes the council's actions at the hearing and <br />states the purpose of the application. <br />• Findings of fact (individually numbered). <br />• Conclusions or reasons. <br />• A decision. <br />• An opinion (if any). <br />• A copy of the transcript, tape recording or, at minimum, detailed <br />minutes that include all objections and rulings on them (if any). <br />7:26 This chapter last revised 8/2011 LEAGUE or MINNESOTA CITIES <br />