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02/07/84
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02/07/84
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Meetings
Meeting Document Type
Agenda
Document Title
Planning and Zoning Commission
Document Date
02/07/1984
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I a) Reduce hearing procedures to writing and distribute to <br /> ' affected persons. <br />I b) DO not v~clate the open meeting la~~. In the recent <br /> case of ~cberg v. Independent School District No. 281, <br /> 336 N.W.~0 (July 1=~, 198~,~]~'~-~oT~r~d <br /> ~-~-{--~-n order for There to be a violation of the open <br /> ' m~eting law, a quorllm or more of the membersm ~f th~ <br /> [ g~verningdecidebOdy, subc°mm~gte[~f~m[°mmissi°n,- .- ~- ~' tion must <br />I i d~scuss, or rece' e . at a meeting <br /> ~ Which is not open. H~wever,~ be conservative. A <br /> : p~anning conmission member or council member should not <br />I t~lk to another planning co~ission member <br /> privately <br /> or <br /> . C6uncilmember about how he/she intends to vote. Be <br /> careful about any substantive discussion of the <br /> . i~sues. If you must communicate about potential <br /> · vDting, talk to the city planner, attorney or <br /> aclministrator. <br /> <br /> c) A~ of August 1, 1983, open meeting law statute M.S. <br /> ' 471.~75 requires that materials distributed to <br /> governing body be made available to public. <br /> <br /> d) i! I~ you inspect the property, state in the public <br /> record, when, with whom, what your observations were. <br /> <br /> e) . If someone communicated to you about the application <br /> o~tside of a public meeting, state in the public record <br /> Who, when and what was said. <br /> <br /> f) ~i DO not force the city staff to rush a review. When the <br />Iapplicant wants to hurry up, slow down. <br /> g) City staff, planning commission and council should <br /> i a}ways remember that any matter before them could be <br /> l~tigated. <br /> <br /> h) City staff must 'litigate the case before the planning <br />I c~mmission council, applying to <br /> and <br /> the <br /> facts <br /> the <br /> ;i a~plicable law which normally consists of the standards <br /> in the ordinance. Staff should identify the applicable <br />I l~gal tests and relevant facts for each test. <br /> -i), The applicant should be allowed to examine and <br /> c~oss-examine witnesses, perhaps even the planning <br /> c~mmission and council. Each witness should state <br /> h~s/her name and address before speaking for the first <br /> ~' t~me and name only before each subsequent statement. <br /> <br />-27- <br /> <br /> <br />
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