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either approve or disapprove the plat, or refer the plat back to <br />the Planning Commission for further study. If it is disapproved or <br />referred back to the Planning Commission, then reasons must be <br />stated in writing and furnished to the subdivider. She explained <br />that in considering a subdivision plat, the Council is acting in a <br />quasi-judicial capacity and it must determine, based on the <br />evidence before it, whether the plat conforms to the City <br />ordinances and any applicable state laws. If it does, then the <br />plat would be approved. If it does not, then the plat should be <br />disapproved. Under appropriate circumstances, the plat can be <br />referred back to the Planning Commission. She stated that the <br />testimony and the evidence submitted to the City Council tonight <br />should focus on whether or not the plat meets the City subdivision <br />requirements and any applicable state laws. She explained the City <br />ordinances and the State Statutes do not require a formal public <br />hearing by the City Council on subdivision plat approval. But, <br />since the subdivision plat approval process is considered to be a <br />quasi-judicial process, the applicant and others who are interested <br />in the subdivision plat are entitled to present their evidence and <br />comments to the City Council. She explained that Council,s <br />decision must be based on that evidence. The process that the <br />Mayor would be following is in the nature of a hearing process. <br /> <br />Davidson: <br /> <br />Could I ask Council to disclose any <br />site visits or ex parte contacts by <br />persons in favor or 9pposed to the <br />subdivision? <br /> <br />Lathrop= <br /> <br />I visited the site on several <br />occasions, the latest being today. <br />I walked the entire site. <br /> <br />Mayer: <br /> <br />I visited the site a couple of <br />times, the latest being today. <br /> <br />Hornbostel: <br /> <br />I visited the site several times and <br />I drive by it frequently. I have <br />had some contacts by persons both in <br />favor and opposed to the <br />subdivision. <br /> <br />Griffiths: <br /> <br />Councilwoman Hornbostel, based on <br />those contacts, do you feel that you <br />could still be impartial in deciding <br />whether or not to approve the <br />subdivision based on the evidence <br />before you tonight? <br /> <br />Hornbostel: <br /> <br />Yes, I do. Most were informational, <br />involving where the meetings were, <br />procedure, and that type of thing. <br /> <br />11 <br /> <br /> <br />