Agenda - Environmental Policy Board - 04/20/2015 - Joint with Planning Comm

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RELEVANT LINKS: See Handbook, Chapter 27. Minn. Stat. § 15.17, subds. 1, 2. See LMC information memo, Meetings of City Councils for more information on minutes. See LMC information memo, Zoning Guide, Section V -C-2 LMC information memo Taking the Mystery out of Findings of Fact. See Sample: Findings of Fact, City of Burnsville. LMC information memos: Taking the Mystery out of Findings of Fact; Zoning Decisions. 1. Minutes and records State law requires all officers and agencies of the state, including planning commissions in statutory and home -rule charter cities, to make and preserve all records necessary for a full and accurate knowledge of their official activities. These records include books, papers, letters, contracts, documents, maps, plans and other items. State statutes do not explicitly require planning commissions to take minutes of their meetings, but such minutes may be necessary to make a full and accurate record of the commission's proceedings. Minutes are further recommended because the actions of planning commissions and land use decisions, in general, are frequently subject to court review. When a city land use decision is reviewed by a court of law, the court requires cities to document the basis for their land use decisions in written, contemporaneous findings of fact. Planning commission bylaws or city policy should set the requirements for meeting minute approval and content. For example, a policy may require the minutes to reflect all motions and resolutions and votes taken by the commission. Planning commission policy also may assign responsibility for minute taking to the commission secretary or to a city staff member. 2. Findings of fact In addition to minutes, whenever the planning commission makes an official recommendation related to a matter referred to it by council or on a land use application submitted to the city (for example, a conditional use permit, zoning amendment, variance or subdivision application), it should make written findings of fact related to the recommendation. Findings of fact from the planning commission serve three important roles: • They articulate to the city council the planning commission's recommendations on issues before the commission, including its basis for making its recommendations. • They communicate to a land use applicant the commission's approval of a project or identify for the applicant disapproval and the reasons for such disapproval. • They support the city's ultimate decision on the issue should the city's decision be challenged in court. In land use cases, Minnesota courts are looking for a sufficient statement of the reasons given by the city to grant or deny an application request. The role of the court is to examine the city's reasons and ascertain whether the record before the city council supports them. The reasons given by the city must be legally sufficient and have a factual basis. League of Minnesota Cities Information Memo: 1/20/2015 Planning Commission Guide Page 23