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03/10/2021 P&Z Packet
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03/10/2021 P&Z Packet
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P&Z Packet
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03/10/2021
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24 <br /> <br />i. A training program that is attended by a quorum or more of a body to <br />develop skills and understanding regarding the body’s responsibilities and <br />is directed towards general matters, rather than specific problems, is not a <br />meeting. Op. Minn. Atty. Gen., 63a-5 (Feb.5, 1975). <br /> <br />c. Site visits where a quorum of the body is present are meetings under the Open <br />Meeting Law. Give notice of such meetings as provided for under the Law. <br /> <br />d. Under the Open Meeting Law at least one copy of the agenda and other written <br />materials must be made available in the meeting room for public inspection <br />during the meeting. Materials that were distributed to all members before or at <br />the meeting, or available to all members at the meeting, are the materials that <br />have to be made available. The exceptions to this rule are for data classified as <br />nonpublic under the Data Practices Act, and data relating to discussions at a <br />closed session of the body. <br />e. The law does not absolutely prohibit discussions among Board members outside <br />of an open meeting, either in person, by phone, or in writing. See Moberg, supra; <br />MEA v. Bennett, 321 N.W. 2d 395 (Minn. 1982); Mankato Free Press v. City of <br />Mankato, 563 N.W. 2d 291 (Minn. App. 1997). However, such communications <br />can be problematic in land use decision making. <br /> <br />f. Avoidance of Open Meeting Law Problems. <br /> <br />2. Pre-hearing Notice Requirements. <br /> <br />a. Minn. Stat. § 462.357, subd. 3, set forth the notice requirements for public <br />hearings involving conditional use permits and variances. This includes <br />requirements regarding published notice, notice to neighbors, and notice to <br />affected towns and cities. <br /> <br />b. The notice requirements contained in Chapter 462, require notice of the general <br />purpose of the hearing. They do not require that the details of the proposal be <br />disclosed. Kreuz v. St. Louis County Planning and Zoning Commission, 1996 <br />WL 469406 (Minn. App. 1996). <br /> <br />c. State law also contains requirements for notice of enactment or amendment of <br />ordinances. This includes publication requirements. Minn. Stat. § 375.51. See <br />Bartheld v. Koochiching County, 716 N.W. 2d 406 (Minn. App. 2006). The best <br />practice is to publish notice that states the municipality’s intent to enact the <br />particular ordinance. However, where a published notice says an ordinance is <br />recommended for adoption by the Board that has been held to be sufficient. <br />Itasca County v. Radenz, 268 N.W.2d 423 (Minn. 1978).
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