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D. The city's discretion in the exercise of its powers depends on the nature of <br /> IIIthe power being exercised. <br /> 1. Police power <br /> a. The power to protect the public health, safety and general <br /> welfare. <br /> b. A broad power, as to which the City has broad discretion, <br /> within constitutional limits. <br /> c. The city acts under its police power in the administration <br /> and enforcement of zoning and subdivision ordinances. <br /> 2. Legislative power <br /> a. The power to adopt ordinances. <br /> b. The city has broad discretion in the exercise of its <br /> legislative power, subject to: <br /> 1. Constitutional limitations <br /> 2. Statutory authority <br /> c. The approval of comprehensive plans and the adoption and <br /> amendment of zoning ordinances are legislative acts. <br /> 3. Administrative/quasi-judicial powers <br /> a. The power to make specific decisions in applying the terms <br /> of adopted ordinances. <br /> Sb. The amount of discretion in exercising quasi-judicial <br /> powers varies, depending on the ordinance being enforced. <br /> Examples: <br /> Building code/building permit issues; little discretion. <br /> Conditional use permits; more discretion. <br /> Variances; more discretion. <br /> E. The city must keep an adequate record of its proceedings. <br /> 1. Judicial review is on the local record if the record is clear, <br /> complete and the municipal proceeding was fair. <br /> 2. The record should include all evidence and findings in support of <br /> the City's decision. <br /> III. SPECIFIC PLANNING AND ZONING ISSUES <br /> A. Planning—Minnesota Statutes Section 462.353-356 <br /> 1. Authority to plan; establish a planning commission; establish a <br /> board of adjustments and appeals. <br /> III <br /> Joint City Council/Planning Commission Orientation Page 3 <br />