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02-09-26-WS
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02-09-26-WS
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Swanson v. city of <br />Although not generally required by statute, several court decisions suggest <br />Bloomington„ 421 N.W.2d 307 <br />(Minn. 1988). <br />that including certain information in the minutes can help to defend a city's <br />Dietz v. Dodge county, 487 <br />actions should a lawsuit occur. The following types of data are examples of <br />N.W.2d 237 (Minn. 1992). <br />information that should be included in the minutes: <br />See LMC memo Taking the <br />. Findings of fact. Case law requires them for land use decisions and some <br />Mystery out of Findings of <br />Fact. <br />personnel decisions. <br />• The council's conclusions. Case law requires them for land use decisions <br />and some personnel decisions. <br />• The specific reasons behind the council's conclusions. Examples would <br />include such things as the economic, social, political, or safety factors that <br />were considered when the council made a particular decision. <br />• Signature of clerk and mayor. Because minutes would likely be considered <br />Minn. star. § 412.is1, SUbd.1. <br />official papers of the city, they should be signed by the clerk. And although <br />the law does not require it, in many cities the mayor also signs the minutes <br />after they are approved by the council. <br />3. Adequate records and defending city decisions <br />City councils make two types of decisions —legislative decisions and quasi- <br />judicial decisions. A typical legislative decision a council makes is to adopt an <br />ordinance. Legislative decisions are made when the city exercises its general <br />lawmaking authority in a broad manner that applies city-wide. <br />In contrast, quasi-judicial decisions involve applying standards found in an <br />ordinance or policy to individuals. A typical quasi-judicial decision a council <br />makes is to grant or deny a landowner's request for a zoning conditional use <br />permit. Quasi-judicial decisions are made when the city exercises its authority <br />over individuals to grant or deny their specific applications for privileges under <br />existing city ordinance. <br />Both legislative and quasi-judicial decisions of the council may result in <br />lawsuits against the city. When a reviewing court examines a city's decisions, it <br />applies different standards of review to legislative decisions and quasi-judicial <br />decisions. <br />a. Court review of legislative decisions <br />Swanson v. City of <br />When reviewing a city's legislative actions, the court looks to see whether the <br />Bloomington, 421 N.W.2d 307 <br />(Minn. 1988). <br />actions were constitutional, rational, and in some way related to protecting <br />the health, safety, and welfare of the public. This is known as the "rational <br />basis standard," and it is a standard that is generally not difficult for cities to <br />meet. The court may not always agree with a city council's decisions, but it will <br />not substitute its judgment for that of the city council —if the council can <br />establish through an adequate record that its actions met the rational basis <br />standard. <br />Minnesota <br />Mayors <br />Association <br />Chapter 1-24 <br />
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