City Council Minutes 2014 02 24 SP

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City Council Special Meeting Minutes February 24, 2014 Page 10 of 11 Deputy City Manager Balser asked if it is better for a Council member to ask for the information at the meeting or to make a phone call to a staff member asking the requested information be brought and shared at a Council meeting. Special Counselor Krob stated it depends on the desires of Council and the way information is distributed. City Attorney Light explained the City Council packet contains a staff report on the quasi-judicial application and if a Council member had a question on the criteria, the member would contact the City Manager, who would arrange for the information to be included in the packet and become a part of the record. However, if it is a question of additional information that a Council member wants, such as a traffic study, that request should be made to the City Manager. Special Counselor Krob preferred the Council member bring the request to the hearing, thereby putting the burden on the applicant to provide the information. If staff develops it, it will take the applicant by surprise. He stressed it is important to ensure everything is disclosed. If the applicant is surprised, the Council should give him an opportunity to continue the matter to a later meeting. What if one Council member requested a traffic study, but not all the Council members feel an additional study is needed; would the request for the study be overruled? Special Counselor stated it would be another good reason to bring up the request at the actual hearing so the full Council can discuss it. RECESS: Special Counselor Krob called for a five-minute recess at 8:10 p.m. The ethics training reconvened at 8:16 p.m. PARTICIPATION IN QUASI-JUDICIAL PROCEEDINGS The City Council and staff members participated in hypothetical exercises to clarify the difference between a legislative and quasi-judicial action and their role. Constituent emails. Special Counselor Krob suggested Council follow Council member Keany's response if the requester is persistent, respond by saying "this is ex parte communication and if is discussed anymore, I will not be able to participate in the public hearing". It was noted that emails related to City Council agenda items are routinely copied and included in the packet. Some emails are received after the packet is completed but before the meeting time. Those emails not included in the packet are copied for Council and posted on the wall. Late arriving emails should be announced at the hearing. The applicant may request more time to review the emails if he chooses. It was suggested the applicant be handed a copy of the late arriving emails. Special Counselor Krob suggested disclosing the emails were received after the packet deadline. He noted some municipalities give less weight to emails.