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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />1 <br />I <br />I <br /> <br />General Rules Before Planninq Commission and Council <br /> <br />a) R~duce hearing procedures to writing and distribute to <br /> a~fected persons. <br /> <br />b) <br /> <br />¢) <br /> <br />d) <br /> <br />e) <br /> <br /> DO not violate the open meeting law. In the recent <br /> case of Moberq v. Independent School District No. 281, <br /> ~6 N.W.2d 510 (July 15, 1983), the Supreme Court ruled <br /> that i~ order for there to be a violation of the open <br /> meeting law, a quorum or more of the members of the <br /> governing body, subcommittee, or commission must <br />~discuss, decide or receive information at a meeting <br /> w~ich is not open. However, be conservative. A <br /> p~anning commission member or council member should not <br /> t~lk privately to another planning commission member or <br /> cQuncilmember 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 /> administrator. <br /> <br /> AS of August 1, 1983, open meeting law statute M.S. <br />' 4~1.075 requires that materials distributed to <br /> governing body be made available to public. <br /> <br />I£ you inspect the property, state in the public <br />record, when, with whom, what your observations were. <br /> <br />I~ 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) D° not force the city staff to rush a review. When the <br /> applicant wants to hurry up, slow down. <br /> <br /> g) ! Ci!ty staff, planning commission and council should <br /> a~ways remember that any matter before them could be <br /> litigated. <br /> <br />h) C~ty staff must "litigate" the case before the planning <br /> c~mmission and council, applying the facts to the <br /> applicable law which normally consists of the standards <br /> in the ordinance. Staff should identify the applicable <br /> l~gal tests and relevant facts for each test. <br /> <br /> The applicant should be allowed to examine and <br /> c~oss-examine witnesses, perhaps even the planning <br /> ¢~ission and council. Each witness should state <br /> h~s/her name and address before speaking for the first <br /> tfme and name only before each subsequent statement. <br /> <br />-9_7- <br /> <br /> <br />