Legal and Practical Aspects of Minutes

Roxanne L. Schneider, MMCCity Clerk/Treasurer

City of Dysart319-476-5690

dysart@fctc.coopJuly 24, 2012

CHAPTER 21

CHAPTER 21 (continued)

Why is it called the Sunshine law? Who does it apply to?

US-all of us!

21.3 Public Notice required (Agenda) Minutes must be made The vote of each member present shall be

made public at the open session

AGENDA AGENDA

ANY TOWN CITY COUNCIL CITY HALL, COUNCIL CHAMBERS July 13, 2011 7:00 PM NOTICE TO PUBLIC: The Mayor and City Council welcome

comments from the public during discussion. You are required to step to the microphone, state your name and address for the record and to limit the time used to present your remarks in order that others may be given the opportunity to speak. The Order of Business is at the discretion of the Chair.

AGENDA AGENDA

CALL TO ORDER: ROLL CALL: Smith, Jones, Brown, Green, White WELCOME TO VISITORS: 5 minute time limitation for

speaking. No profanity will be tolerated, and no personal attacks against Council Members or City staff will be allowed.

MAYOR AND COUNCIL'S COMMENTS: APPROVAL OF AGENDA:

CONSENT AGENDA: CONSENT AGENDA:

All items listed under the consent agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time Council votes on the motion.

Approve minutes of June 13, 2012 Approve bill list in the amount of $1,038,213.70 REPORTS:

Treasurer's Report and Financial Statements for June 2012

APPLICATIONS: Class E beer renewal for Econofoods Class C beer/wine renewal for Christo's Sidewalk bond for Poured Foundations

RESOLUTIONS: Resolution Adopting Employee Wage Resolution for 2012-

2013 Resolution Transferring Funds for 2012-2013

COMMITTEE REPORTS:COMMITTEE REPORTS:

Policy & Administration Committee: Report on housing relocation Turning on street light at Charmin & Soft Avenue Approve 90 day extension on temporary combination inspector position

Transportation Committee: Change order for South 19th Ave.

•RESOLUTIONS•RESOLUTIONS

1. Public Hearing on 2012 Street Repair Program

2. Resolution approving plans, specifications and form of contract for

2012 Street Repair Program

3. Resolution approving contract for 2012 resurfacing project

4. Resolution approving 28E Agreement for Law Enforcement Contract

ORDINANCES :ORDINANCES :

5. Ordinance #14470 amending Ordinances 14215 and 14326 enlarging the area designated as Urban Revitalization Area #2 - first reading

6. Ordinance #14471 amending zoning ordinance relating to Adult Entertainment Businesses – first reading

PUBLIC COMMENTS: PUBLIC COMMENTS:

ADJOURNMENT:ADJOURNMENT:

The Council adjourned on a motion at 10:00pm

CLOSED SESSIONSCLOSED SESSIONS

CHAPTER 21

Top ten reasons to go into closed session To Review or discuss records which

are required or authorized by state or federal law to be keep confidential…

To discuss application for letters patent

Due to pending and threatening litigation

To discuss licensing exams or discipline procedures

To discuss hearings as to suspension or expulsion of a student

To discuss a contested case under Chapter 17A

To avoid disclosure of law enforcement matters which if disclosed would enable violators to avoid detection

To evaluate the professional competency of an individual whose appointment, hiring performance or discharge to avoid needless and irreparable injury

To discuss land purchases if offer would be jeopardized in open discussion

More about Closed Sessions

Need 2/3 to approve Audio Recorded All talk but no action Adjourn closed session Re-adjourn into open session Penalties for Violations

Ordinances

Meeting Date, time, placeForm of Govt IA Code 372.5, 372.6 and 372.7Utility RatesStop Signs and GradeCouncil Raises – Must be enacted PRIOR to

electionAnnexation

Ordinances, continued

FranchisesRailroad crossingsVacating public ways & grounds-IA Code 362.3Establishment of a TIF DistrictIf less than 200 population, where to post

agendas

Resolutions

Transfers Salary (Attorney General’s Opinion) Depository Resolution Resolution of Necessity (Bonds and TIF

Districts) Special Assessments RUT Report Approval Contracts Certification of Taxes Setting Public Hearings

VETOs and other tricks of the trade Mayor can’t vote Mayor can veto

Ordinances and Resolutions Override veto – 2/3 of the Council Quorum-needed to do anything Suspend the rules-IA Code 380.3

¾ of Council

MINUTE TAKING STANDARDS

Action Only Minutes – no discussion summary. Only include decisions made and actions authorized.

Anecdotal Minutes – recommended standard in most cases. Contain objective & concise summaries of discussions, followed by decisions made or motions voted on

Verbatim Minutes – word for word record of who said what at a meeting

COUNCIL PROCEEDINGSJuly 11, 2012 Setting-  Who, When, Where

The Any town city Council met in regular session on Wednesday, July 11, 2012, at 7:00 pm in the Council Chambers at City Hall.

Who Chaired the meeting Mayor Thiele called the meeting to order at 7:00 pm.

ROLL CALL Present: Smith, Jones, Brown, Green, White

Order of Business

MAYOR AND COUNCIL COMMENTS: Mayor Thiele presented a plaque to Joe Smith

honoring 25 years of service to City. Approval of Agenda

Brown moved approval of the agenda, seconded by Green

ROLL CALL

5 Ayes. Motion carried.

CONSENT AGENDA

Smith moved approval of the following items: Approval of minutes of June 13, 2012 meeting; approval of June 2012 financial reports; approval of request by The Thirsty Bulldog to transfer beer permit to 13th Street parking on 7/30/12; seconded by Jones. Roll Call: 5 ayes. Motion carried.

COMMUNICATIONS

White moved approval of the curb cut request for Jim Wilson in the 1800 block of East Main Street, seconded by Green. ROLL CALL: 4 ayes, Jones nay, motion carried. 

COMMITTEE REPORTS

Public Works Committee - Smith, Chairman of Public Works Committee, reported that mandatory recycling will begin January 1, 2013. The second draft of the ordinance has been sent out to the garbage haulers. There will be a meeting of the Public Works Committee on Wednesday, July 25, 2012 for the garbage haulers input. Then the ordinance will be ready for Council approval.

RESOLUTIONS

Public Hearings As this was the time and place for the public

hearing on the pedestrian/bicycle bridge, the notice having been published in the Times Ridiculous on July 1, 2012, Mayor Thiele asked the Clerk if there were any written comments for or against the project on file. The Clerk advised there were none. The Mayor asked if there was anyone in the audience wishing to give any comments for or against the project.

Record Hearing Actions

Presentors Bob Hope, Park & Recreation Director, explained that this project is part of the continuing effort to create a linear greenbelt throughout the City of Any Town, from River View Park, using Iowa River Linn Creek corridor. This project is part of a REAP funding program that was through the state for $106,000.00. Mr. Hope noted that this will link the North side, which is prairie grass and wildflowers. The South side will eventually be a developed park.

Close Hearings

There being no written or oral comments received, Mayor Thiele declared the public hearing closed.

Actions Following Hearing

Smith moved approval of RESOLUTION #2012-89, ACCEPTING BID AND AUTHORIZING THE AWARD OF CONTRACT FOR THE BICYCLE/PEDESTRIAN BRIDGE PROJECT. Seconded by Green. RCV: All ayes. Motion carried.

Resolutions for contracts

Brown moved approval of RESOLUTION #2012-90, APPROVING CONTRACT FOR SERVICES PURSUANT TO JOB TRAINING PARTNERSHIP ACT BETWEEN ANYTOWN AND IOWA VALLEY EMPLOYMENT AND TRAINING, seconded by Green. ROLL CALL: 5 ayes. Motion carried.

Resolutions for Projects

Jones moved approval of RESOLUTION #2012-91 APPROVING ENGINEER’S STATEMENT OF COMPLETION AND ACCEPTING THE EAST ANSON STREET IMPROVEMENTS PROJECT, BEING PROJECT NO 93014-A, in the amount of $123,456,789, seconded by Smith. ROLL CALL: 4 ayes, Green nay, Motion carried.

 

ORDINANCES

Green moved the adoption of the third reading of ORDINANCE AMENDING SECTION 129 OF THE ANYTOWN CODE, SETTING WATER RATES, seconded by Brown. ROLL CALL: 5 Ayes. Third reading adopted. Mayor Thiele declared Ordinance #14462 adopted and ordered its publication according to law.

THREE READINGS

Smith moved the adoption of the second reading of an ORDINANCE TO AMEND CHAAPTER 140 OF THE ANYTOWN CITY CODE, SETTING PLANTING RESTRICTIONS FOR STREET TREES, seconded by Jones. ROLL CALL: Ayes – Brown, Smith, Jones, Green. White nay. Second reading adopted.

CLOSED SESSION

Motion by White, second from Brown, to enter into closed session under Chapter 21.5(c) of the Code of Iowa, to discuss pending and threatened litigation, ROLL CALL: 5 ayes. Carried.

Closed session began at 8:15 pm.

Let me out of here

8:30 PM. Motion by Smith, second from White, to return to open session. ROLL CALL: 5 ayes. Motion carried.

Closing & Sign Off

Mayor Thiele declared the meeting adjourned at 8:31 PM.

--------------------------------------- Pamela Thiele, Mayor

--------------------------------------- Jane Doe, City Clerk

  

When Does It Become Effective??

Measures passed by the council become effective in one of the following ways:

1.  a.  An ordinance or amendment signed by the mayor becomes effective when the ordinance or a summary of the ordinance is published, as provided in section 380.7, subsection 3, unless a subsequent effective date is provided within the ordinance or amendment.

b.  A resolution signed by the mayor becomes effective immediately upon signing.

c.  A motion becomes effective immediately upon passage of the motion by the council.

The Mayor Didn’t Sign…….?

The mayor may veto an ordinance, amendment, or resolution within fourteen days after passage.  The mayor shall explain the reasons for the veto in a written message to the council at the time of the veto.  Within thirty days after the mayor's veto, the council may pass the measure again by a vote of not less than two-thirds of all of the members of the council. 

The Mayor Didn’t Sign…….?

If the mayor vetoes an ordinance, amendment, or resolution and the council repasses the measure after the mayor's veto, a resolution becomes effective immediately upon repassage, and an ordinance or amendment becomes a law when the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance or amendment.

The Mayor Didn’t Sign…….?

If the mayor takes no action on an ordinance, amendment, or resolution, a resolution becomes effective fourteen days after the date of passage and an ordinance or amendment becomes a law when the ordinance or a summary of the ordinance is published, but not sooner than fourteen days after the date of passage, unless a subsequent effective date is provided within the ordinance or amendment.

Publication Deadlines

Code of Iowa, Section 362.3 Elections Hearings

Capital Projects Bonds Leases Annexation or other official actions required by the

City Code,unless otherwise provided by law, must be 4 and 20

Budget & Budget Amendment - 10 and 20

Budget Amendment Requirements

City Council must set amendment hearing by Resolution

Notice of hearing must be published no less than 10, no more than 20 days prior to hearing

Budget Amendment must be completed by May 31 to allow required 30 days for public appeal

Publication Requirements

Minutes: Code of Iowa Section 372.13(6), within 15 days of a regular or special meeting of the

Council including a list of total expenditures from each city fund, list of claims allowed and a summary of all receipts

Zoning code amendments require public hearing. Notice of public hearing is to be at least 7 days before the hearing

List of revenues and expenditures by fund

Publications (cont)

Ordinances: IA Code Chapter 380.6 No longer requires verbatim – can publish

summary Resolutions-Never did require publication--

only title

Publications (cont)

Newspaper: Must be published in a newspaper published at least once weekly and having general circulation in the city. Exception: 200 or less in population

Post in three places designated by ordinance

I don’t like our newspaper

Iowa Code Section 618.3 General circulation issued at a regular frequency that

has been published within the area and regularly mailed through the post office of entry for at least 2 yrs.

Paid subscribers paying more than a nominal rate for the paper (at least 50% of cost to subscribers)

More than 25% of total column space in more than ½ of issues dedicated to public info(not advertising

Deadlines

Budget: Certification

March 15 IA Code 24.17 Appeal of tax limits

$8.10 or other limits

Budget Amendment: Complete by May 31

EXAMPLES

http://www.cityofcarroll.com/images/stories/pdf/CouncilMinutes051412.pdf

http://www.decorahia.org/pdf/May72012cm.pdf

http://imaging.cityofclive.com/weblink8/0/doc/121539/Page1.aspx

http://www.conrad.govoffice.com/vertical/sites/%7B248EBC9A-3E6F-4825-B4CA-F629BDCE5E44%7D/uploads/06-14-12minutes.pdf

List of terms in alphabetical order

Actions of the CouncilAll actions of the Council must be reflected in the minutes of

each meeting. A roll call shall indicate each Council vote.Agendas

The order of a meeting reflecting where, when and all topics for discussion and/or action of the Council

CustodianOne of the most critical jobs as a City Clerk is the historical

custodian of City records.Open Meetings Law

Chapter 21 of the Iowa Code requires that all Council meetings be open to the public (with a few listed exceptions) to include public access, an agenda and minutes of the meeting.

List of terms in alphabetical order

Ordinances An enforceable municipal law, statute or regulation that

applies to citizens in that city. Requires three readings but one or more readings may be waived.

Public Hearing A meeting which has a special topic requiring advanced publication in a newspaper or posting soliciting public input for against the topic.

Publication of MinutesA summary of each meeting must be published within 15

calendar days of the meeting.

List of terms in alphabetical order

RecodificationSection 380.8 requires each city to compile a city code of

ordinance containing all city ordinances in effect.Resolutions

 Decisions, opinions or policy or directive expressed in a formal, written document that is voted upon by the Council. Only repealed by veto or subsequent resolution.

Roberts Rules of OrderA systematic orderly way to conduct a meeting.

Roll CallA tally of each action of the Council to determine the vote of

each council member.

List of terms in alphabetical order

Roberts Rules of OrderA systematic orderly way to conduct a meeting.

Roll CallA tally of each action of the Council to determine the vote of

each council member.Salary Publication

The 1978 Attorney General’s opinion that a total of salaries paid could be published monthly, provided that gross salaries for each employees are published at least annually.

Special Meeting NoticeLocal ordinances dictate who can request a special meeting.

Notice of the meeting must follow Chapter 21 of the Iowa Code.

Resources

Roxanne Schneider, City of Dysart 319-476-5690 (Fax 319-476-2529) dysart@fctc.coop

Iowa League of Cities Mentors as well as direct questions, seminars

and annual conference City Clerks/Finance Officers Handbook 515-244-7282 www.iowaleague.org

State Auditor’s Office

Resources

State Historical Society Secretary of State Mina’s Guide to Minute Taking by Eli Mina

International Institute of Municipal Clerks www.IIMC.com 800-251-1639