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j) <br /> <br />k) <br /> <br />1) <br /> <br />n) <br /> <br />o) <br /> <br />P) <br /> <br />q) <br /> <br />r) <br /> <br />Ail written or demonstrative evidence should'be marked <br />as an exhibit and made a part of the record. <br /> <br />The City should have multiple'microphones and a long <br />p~aying tape~ to record the proceedings. No concurrent <br />conversations relating to the subject matter should be <br />allowed. <br /> <br />The City Clerk should summarize in the minutes what was <br />said and by whom; in some cases a verbatim transcript <br />from the tape should be made or court reporter's <br />transcript should be made and/or adopted as the <br />minutes; preserve the tapes of the meetings for 10 <br />years. <br /> <br />The presiding officer-should seek the assistance of the <br />City attorney in deciding on informal rules of evidence <br />and objections, etc. In more complex cases with <br />cross-examination, the City attorney may be asked to <br />act as a hearing officer and to ask questions of the <br />witnesses and rule on questions of evidence. <br /> <br />Always let the applicant participate, even during <br />"deliberations." Always grant continuances if <br />requested by applicant. <br /> <br />Do not discuss any item not on the agenda and for which <br />notice was not given. <br /> <br />The planning commission and council then must make <br />findings of fact based upon agreed or disputed facts <br />and apply those to the established legal principles; <br />based upon those findings they should approve or deny <br />the application. <br /> <br />The reasons for any denials should be stated in the <br />minutes before the planning commission. Those reasons <br />should include the standards set forth in the zoning <br />ordinance. There should be facts in the minutes and/or <br />staff reports to support those conclusions. In more <br />complex cases, staff should draft a. resolution of <br />denial for adoption by the planning commission. <br /> <br />The reasons for denial by the council should'be stated <br />in a preliminary and conceptual manner with direction <br />to staff to draft a formal resolution of denial. The <br />resolution of denial should be adopted a~ the next <br />meeting by the council. A draft of the resolution <br />should be mailed to the applicant for his/her review <br />and comment. Those reasons stated for denial should be <br />supported by facts stated in the resolution or at least <br />in the minutes or staff reports. <br /> <br />-28- <br /> <br /> <br />