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02-27-2023 Council Work Session Packet
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02-27-2023 Council Work Session Packet
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RELEVANT LINKS: <br />League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 <br />Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 35 <br /> Administrative or quasi-judicial actions involve the application of a general <br />policy to a specific person or situation. <br /> An example of a quasi-judicial decision is a city council’s decision <br />regarding whether an applicant has satisfied the criteria for a conditional <br />use permit. Administrative actions are subject to greater judicial scrutiny, <br />and will be set aside if they are arbitrary, unreasonable, or capricious. <br />Therefore, it is important for the council to develop an accurate record and <br />findings. <br />Metro 500, Inc. v. City of <br />Brooklyn Park, 297 Minn. <br />294, 211 N.W.2d 358 <br />(1973). Inland Constr. Co. <br />v. City of Bloomington, 292 <br />Minn. 374, 195 N.W.2d <br />588 (1972). Bank of <br />America, FSB v. City of St. <br />Paul, No. C7-97-1073 <br />(Minn. Ct. App. Feb. 17, <br />1998) (unpublished <br />decision). <br />See Handbook, <br />Comprehensive Planning, <br />Land Use, and City Owned <br />Land. <br />For a court to meaningfully review council actions, the minutes must <br />clearly and precisely state the council’s findings of facts and how those <br />facts led to the council’s decision. Findings of fact serve not only to <br />improve the decision-making process, but also aid in judicial review. The <br />findings are part of the record. When a court reviews council proceedings it <br />will rely on the records the city actually kept and not on the records the city <br />might have maintained. <br /> 4. Parts of the record <br /> When the city council or other public body holds a hearing, the record <br />usually consists of two separate parts: the transcript, which preserves <br />testimony, and the final order or determination. Following is a sample final- <br />order outline for a conditional use permit. The elements of the order reflect <br />the steps taken by a hearing body in arriving at a decision. <br /> • A caption or title, such as, “In the matter of Ms. X’s application for a <br />conditional use permit.” <br />• A preamble that summarizes the council’s actions at the hearing and <br />states the purpose of the application. <br />• Findings of fact (individually numbered). <br />• Conclusions or reasons. <br />• A decision. <br />• An opinion (if any). <br />• A copy of the transcript, tape recording or, at minimum, detailed <br />minutes that include all objections and rulings on them (if any). <br /> When a council prepares precise findings of relevant facts, the result is a <br />well-reasoned decision. When a council can demonstrate its conclusions are <br />consistent with all the facts in the record, its decision is likely to be upheld <br />if challenged.
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