Laserfiche WebLink
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 />I <br />I <br />I <br /> <br />General Rules Before Planninq Commission and Council <br /> <br />a) <br /> <br />b) <br /> <br />Reduce hearing procedures to.writing and distribute to <br />affected persons. <br /> <br />Do not violate the open meeting law. In the recent <br />case of Moberq v. Independent School District No. 281, <br />336 N.W.2d 510 (July 15, 1983), the Supreme Court ruled <br />that in 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 />which is not open. However, be conservative. A <br />planning commission member or council member should not <br />talk privately to another planning commission member or <br />councilmember about how he/she intends to vote. Be <br />careful about any substantive discussion of the <br />issues. If you must communicate about potential <br />voting, talk to the city planner, attorney or <br />administrator. <br /> <br />c) <br /> <br />As of August 1, 1983, open meeting law statute M.S. <br />471.075 requires that materials distributed to <br />governing body be made available to public. <br /> <br />d) <br /> <br />If you inspect the property, state in the public <br />record, when, with whom, what your observations were. <br /> <br />e) <br /> <br />If someone communicated to you about the application <br />outside of a public meeting, state in the public record <br />who, when and what was said. <br /> <br />f) <br /> <br />Do not force the city staff to rush a review. <br />applicant wants to hurry up, slow down. <br /> <br />When the <br /> <br />g) <br /> <br />City staff, planning commission and council should <br />always remember that any matter before them could be <br />litigated. <br /> <br />n) <br /> <br />City staff must "litigate" the case before the planning <br />commission 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 />legal tests and relevant facts for each test. -- <br /> <br />The applicant should be allowed to examine and <br />cross-examine witnesses, perhaps even the planning <br />commission and council. Each witness should state <br />his/her name and address before speaking for the first <br />time and name only before each subsequent statement. <br /> <br />-27- <br /> <br /> <br />