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j) <br /> <br />k) <br /> <br />1) <br /> <br />m) <br /> <br />n) <br /> <br />All written or demonstrative evidence should be marked <br />as ~n exhibit and made a part of the record. <br /> <br />The!City should have multiple microphones and a long <br />p'la¥ing tape to record the proceedings. No concurrent <br />conversations relating to the subject matter _,,~,d be <br />allowed. <br /> <br /> TheiCity Clerk should summarize in the minutes what was <br /> sai~ and by whom; in some cases a verbatim transcript <br /> from the tape should be made or court repcrter's <br />transcript should be made and/or adopted as the <br />'minDtes; preserve the tapes of the meetings for 10 <br /> ye a~r s. <br /> <br /> Thei presiding officer'should seek the assistance of the <br /> Cit~ 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 /> ac~ 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 /> "d~liberations." Always grant continuances if <br /> I Xeguested by applicant.. <br /> <br /> o) Do,not discuss any item not on the agenda and for which <br />I nO, ice was not given-. <br /> p) iTh~ planning commission and council then must make <br />I £i~dings of fact based upon agreed or disputed facts <br /> ian~ apply those to the established legal principles; <br /> i!baSed upon those findings they should approve or deny <br /> ~th~ application. <br />~ q) !The reasons for any denials should be stated in the <br /> ~minutes before the planning commission. Those reasons <br />I sh6uld include the standards set forth in the zoning <br /> ~or~inance. There should be facts in the minutes and/or <br /> .staff reports to support those conclusions. In more <br />I -~omplex cases, staff should draft a resolution of <br /> 4e~ial for adoption by the planning commission. <br /> <br />r) <br /> <br /> ~e reasons for denial by the council should'be stated <br /> inla preliminary and conceptual manner with direction <br /> ~oistaff to draft a formal resolution of denial. The <br /> re~olution of denial should be adopted a~ the next <br /> m~ting by the council. A draft of the resolution <br /> ShOuld be mailed to the applicant for his/her review <br /> an~ comment. Those reasons stated for denial should be <br />i$~porte9 by facts stated in the resolution or at least <br /> the mlnutes or staff reports. <br /> <br /> -28- <br /> <br /> <br />