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WE STILL HAVE TO DO THAT?
Continuing to meet your city’s legal obligation during the COVID-19 crisis.
#WeGotThis Series
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Presenter
Kyle Hartnett
Staff Attorney
League of Minnesota Cities
#WeGotThis Series12:00 – 12:30 p.m.
Monday, March 23
Open Meeting Law & Technology
Tuesday, March 24
Continuing to Meet Legal Obligations
Wednesday, March 25
Human Resources Issues
Thursday, March 26
Legislative Update
Friday, March 27
COVID-19
Questions & Answers
All webinars will be recorded for later viewing at www.lmc.org/wegotthiswebinars
Agenda
• Due Process at hearings and in access to services
• 60-day rule
• Inspections
• State mandated deadlines
• Other deadlines
Public Hearings
• Public right to comment still needs to be protected.
• Need to get creative.• Allow for written and telephone submissions.
• Allow for email/chat comments during hearing.
• Put alternative methods in notice.
• Publish alternative methods on website/social media.
• Post ways to submit comments on city hall door.
• Send/publish recap and ask for additional comments.
• Publish comments on website prior to hearing.
• Practice with technology before using.
• Reasonable for city to suspend general public input portion of meetings.
Public Hearings
•Do the best you can get keep public involved.
•Over communicate.
Access to services
•City likely cannot stop taking applications.
•Review your ordinance to check time frames.
•Communicate ways to obtain applications online.
•Provide notice on city hall with number to call.•Make sure someone is checking voicemail/email.
•Schedule meeting if needed.
Access to Services
• Be Flexible
• Work with applicants
Example from Fairfield, CA
60-Day Rule
• Required to approve or deny land use request within 60 days or approved.
• Ability to extend to 120 days in writing.• Cities should wait to extend until they know it is
needed.
• 15 days to deem complete.
• Request further extension.
60-Day Rule
Better to make decision with imperfect process than not make any decision.
Don’t Let Perfect be the Enemy of Good.
Building Inspections
• DLI has declared important to maintain timely inspection services.
• Must contact DLI if looking at reducing inspection services.
• Get creative.
• Review mitigation strategies as provided by the Minnesota Construction Industry.
• https://www.dli.mn.gov/updates
State Required Deadlines
• LMC is not aware of extension for any state imposed deadlines on cities:• Continue planning for elections as normal.
• Local Board of Appeal and Equalization meetings still must be held.
• Other reports still required
• View LMC calendar of important dates.
Miscellaneous Deadlines
Bid openings
Data Requests
Local ordinance requirements
Summary
Do the best you can:
• Keep public informed and involved.
• Continue to meet deadlines.
• Continue to provide services.
• Document, document, document.
• Share success and failures with LMC and on Memberlink
• https://www.lmc.org/resources/covid-19-resources/
#WeGotThis…
And so do you!
Questions & Answers
Research: (651) 281-1200 or (800) 925-1122 or [email protected]
Kyle Hartnett
Staff Attorney
League of Minnesota Cities
