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05-03-2000
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05-03-2000
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Mounds View Planning Commission May 3, 2000 <br />Regular Meeting Page 10 <br /> <br /> <br />as a legislative body. The Council must work with the specifics of the particular case, and not <br />make broad policy decisions. <br /> <br />The third point pertains to the neighborhood reaction to a proposal. The Council is required to <br />examine both the law and the fact, and while it is definitely important, the Council is unable to <br />base their decision solely upon the neighborhood input. The Council must attempt to understand <br />and appreciate the concerns of the residents, and respect their right to dispute a proposal that <br />would directly affect the future of their property. The Council must seek community <br />involvement. <br /> <br />The fourth point relates to the necessity of keeping a clear record of the public hearing, to be the <br />record of the evidence presented, and to document the reasons for the finding of fact. The <br />finding of fact must be based upon the record, and within the legal standards of the City <br />Ordinance. The record is also necessary to indicate that the Council has fulfilled its role as <br />judge, and that it has satisfied its position in regard to the law and fact. <br /> <br />Community Development Director Jopke provided the Commission with materials he obtained <br />from the Minnesota League of Cities Risk Management Seminar, which reflected the issues <br />brought forward in the video presentation. He indicated the League of Minnesota Cities was a <br />very good resource, and as information is provided, it would be presented to the Commission. <br />He encouraged the Commission members to attend these courses as they become available, <br />noting that he has set aside funds in the Community Development Department budget <br />specifically for Planning Commission training. <br /> <br />Community Development Director Jopke stated he believed the video had done a good job of <br />presenting the key points pertaining to dealing with the specific facts of the case, and having a <br />clear record of the hearing and a basis for the findings of fact. He indicated the Planning <br />Commission does a good job in terms of considering resolutions of approval or denial based <br />upon the findings of fact, and it is good to remind themselves of these points. <br /> <br />Chairperson Peterson stated some of the training courses the Planning Commission members <br />have attended address these issues as well. He explained there were many legal issues pertaining <br />to variances, conditional use permits, due process for applicants and residents. He stated these <br />issues could not be handled appropriately without some training in these matters, and these <br />courses have been very valuable. <br /> <br />9. Staff Reports / Items of Information <br /> <br />A. Previous Council Action <br /> <br />Community Development Director Jopke stated the Comprehensive Plan has been submitted to <br />all of the surrounding communities. He indicated staff requested comments in April, however, <br />no comments were received, and the Comprehensive Plan has now been officially forwarded to <br />the Metropolitan Council for their review and comment, which could take up to 60 days. He
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