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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 />I <br /> <br />I <br /> <br /> j) <br /> <br />k) <br /> <br /> 1) <br /> <br />.m) <br /> <br />n) <br /> <br />o) <br /> <br />p) <br /> <br />q) <br /> <br />r) <br /> <br />Alliwritten or demonstrative evidence should be marked <br />aS an exhibit and made a part of the record. <br /> <br /> ~heiCity should have multiple'microphones and a long <br /> pfla~ing tape to record the proceedings. No concurrent <br /> ~on~ersations relating to the subject matter should be <br /> altQwed. <br /> <br /> The[City Clerk should summarize in the minutes what was <br /> :~ai~ and by whom; in some cases a verbatim transcript <br />'~rO~ the tape should be made or court reporter's <br /> ~raDscript should be made and/or adopted as the <br />~minUtes; preserve the tapes of the meetings for 10 <br />.yea~s. <br /> <br /> Theipresiding officer'should seek the assistance of the <br /> ~it~ attorney in deciding on informal rules of evidence <br /> and, objections, etc. In more complex cases with <br /> Cro~s-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!hot 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 /> ifi~dings of fact based upon agreed or disputed facts <br /> and apply those to the established legal principles; <br /> ~aSed 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 /> ~sh~uld 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 />~ icO~plex cases, staff should draft a resolution of <br /> · demial for adoption by the planning commission. <br /> <br /> iThe reasons for denial by the council should 'be stated <br /> in'.a preliminary and conceptual manner with direction <br /> itoistaff to draft a formal resolution of denial. The <br /> .re~olution of denial should be adopted a% the next <br /> !meeting by the council. A draft of the resolution <br /> i sh~)uld 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 />. 'ini~the minutes or staff reports. <br /> <br /> <br />