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Legal and Practical Aspects of Minutes

Legal and Practical Aspects of Minutes. Roxanne L. Schneider, MMC City Clerk/Treasurer City of Dysart 319-476-5690 dysart@fctc.coop July 23, 2013. CHAPTER 21. CHAPTER 21 (continued). Why is it called the Sunshine law? Who does it apply to? US -all of us ! 21.3

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Legal and Practical Aspects of Minutes

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  1. Legal and Practical Aspects of Minutes Roxanne L. Schneider, MMC City Clerk/Treasurer City of Dysart 319-476-5690 dysart@fctc.coop July 23, 2013

  2. CHAPTER 21

  3. 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

  4. AGENDA • ANY TOWN CITY COUNCIL • CITY HALL, COUNCIL CHAMBERS • July 10, 2013 • 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.

  5. AGENDA • CALL TO ORDER: • ROLL CALL: Smith, Jones, Brown, Green, White • APPROVAL OF AGENDA • 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:

  6. 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 meetings • Approve bill list in the amount of $1,038,213.70 • REPORTS: • Treasurer's Report and Financial Statements for June 2013 • 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 2013-2014 • Resolution Transferring Funds for 2012-2013

  7. 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.

  8. RESOLUTIONS • 1. Public Hearing on 2013 Street Repair Program • 2. Resolution approving plans, specifications and form of contract for 2013 Street Repair Program • 3. Resolution approving contract for 2013 resurfacing project • 4. Resolution approving 28E Agreement for Law Enforcement Contract

  9. ORDINANCES : • 5. Ordinance #14470 amending Ordinances 14215 amending water and sewer rates - first reading • 6. Ordinance #14471 amending zoning ordinance relating to Adult Entertainment Businesses – second reading

  10. PUBLIC COMMENTS:

  11. ADJOURNMENT: The Council adjourned by motion from Green, second from Brown: five ayes.

  12. CLOSED SESSIONS • CHAPTER 21

  13. 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 and that individual requests a closed session To discuss land purchases if offer would be jeopardized in open discussion To discuss information contained in records in the custody of a governmental body that are confidential pursuant to Section 22.7(50) Top ten reasons to go into closed session

  14. 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

  15. Ordinances Meeting Date, time, place Form of Govt IA Code 372.5, 372.6 and 372.7 Utility Rates Stop Signs and Grade Council Raises – Must be enacted PRIOR to election Annexation

  16. Ordinances, continued Franchises Railroad crossings Vacating public ways & grounds-IA Code 362.3 Establishment of a TIF District If less than 200 population, where to post agendas

  17. 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

  18. 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

  19. 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

  20. COUNCIL PROCEEDINGSJuly 10, 2013 Setting-  Who, When, Where The Any town city Council met in regular session on Wednesday, July 10, 2013, 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

  21. 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

  22. ROLL CALL • 5 Ayes. Motion carried.

  23. CONSENT AGENDA • Smith moved approval of the following items: Approval of minutes of June 12, 2013 meeting; approval of June 2013 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.

  24. 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.

  25. COMMITTEE REPORTS • Public Works Committee - Smith, Chairman of Public Works Committee, reported that mandatory recycling will begin January 1, 2014. 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 24, 2013 for the garbage haulers input. Then the ordinance will be ready for Council approval.

  26. 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, 2013, 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.

  27. Record Hearing Actions • Presenters 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.

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

  29. Actions Following Hearing • Smith moved approval of RESOLUTION #2013-89, ACCEPTING BID AND AUTHORIZING THE AWARD OF CONTRACT FOR THE BICYCLE/PEDESTRIAN BRIDGE PROJECT. Seconded by Green. RCV: All ayes. Motion carried.

  30. Resolutions for contracts • Brown moved approval of RESOLUTION #2013-90, 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.

  31. Resolutions for Projects • Jones moved approval of RESOLUTION #2013-91 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.

  32. 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.

  33. 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.

  34. 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.

  35. 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.

  36. Closing & Sign Off • Mayor Thiele declared the meeting adjourned at 8:31 PM. • --------------------------------------- Pamela Thiele, Mayor • --------------------------------------- Jane Doe, City Clerk

  37. 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.

  38. 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. 

  39. The Mayor Didn’t Sign…….? • If the mayor vetoes an ordinance, amendment, or resolution and the council re-passes the measure after the mayor's veto, a resolution becomes effective immediately upon re-passage, 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.

  40. 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.

  41. 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

  42. 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

  43. 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

  44. Publications (cont) • Ordinances: IA Code Chapter 380.6 • No longer requires verbatim – can publish summary • Resolutions-Never did require publication-- only title

  45. 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

  46. 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

  47. Deadlines • Budget: • Certification • March 15 IA Code 24.17 • Appeal of tax limits • $8.10 or other limits • Budget Amendment: • Complete by May 31

  48. TIPS AND TRICKS • Agenda & packet preparation • Mayor’s agenda • Minute-taking template • Roll call votes

  49. EXAMPLES • http://www.cityofcarroll.com/images/stories/pdf/CouncilAgendaPacket061013.pdf • http://www.cityofcarroll.com/images/stories/pdf/CouncilMinutes061013.pdf • http://www.decorahia.org/pdf/June%203,%202013%20Council%20Agendax.pdf • http://www.decorahia.org/pdf/Jun32013cm.pdf • http://imaging.cityofclive.com/weblink8/0/doc/154402/Page1.aspx • http://imaging.cityofclive.com/WebLink8/0/doc/156785/Page1.aspx • http://www.conrad.govoffice.com/index.asp?Type=B_BASIC&SEC={62F2019B-DA3F-402E-A723-A17E1322D879}&DE={FF1C81FE-64BB-41AA-A888-988CD7E54C3A} • http://www.cityofhumboldt.org/humboldt/document_center/uploads/June_17_2013_Agenda.pdf • http://www.cityofhumboldt.org/document_center/docs/June_3_2013_Minutes.pdf

  50. LET’S PRACTICE • City of Humboldt Council Meeting • http://www.youtube.com/user/HumboldtCityof?feature=guide

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