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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 26, 2011. 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 26, 2011

  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 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.

  5. 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:

  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 8, 2011 • Approve bill list in the amount of $1,038,213.70 • REPORTS: • Treasurer's Report and Financial Statements for June 2011 • 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 2011-2012 • Resolution Transferring funds for 2011-2012

  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 2011 Street Repair Program • 2. Resolution approving plans, specifications and form of contract for 2011 Street Repair Program • 3. Resolution approving contract for 2011 resurfacing project • 4. Resolution approving 28E Agreement for Law Enforcement Contract

  9. 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

  10. PUBLIC COMMENTS:

  11. ADJOURNMENT: • The Council adjourned on a motion at 10:00pm

  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 To discuss land purchases if offer would be jeopardized in open discussion Top ten reasons to go into closed session

  14. More about Closed Sessions • Need 2/3 to approve • Tape 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 Franchises Railroad crossings Vacating public ways & grnds (IA Code 362.3)

  16. 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

  17. VETOs and other tricks of the trade • Mayor can’t vote • Mayor can veto (no this is not a typo) • Ordinances and Resolutions • Override veto – 2/3 of the Council • Quorum-need to do anything • Suspend the rules-IA Code 380.3 • ¾ of Council

  18. 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

  19. COUNCIL PROCEEDINGSJuly 13, 2011 Setting-  Who, When, Where The Any town city Council met in regular session on Wednesday, July 13, 2011, at 7:00 pm in the Council Chambers at City Hall. Who Chaired the meeting Mayor Lyons called the meeting to order at 7:00 pm. ROLL CALL Present: Smith, Jones, Brown, Green, White

  20. Order of Business • MAYOR AND COUNCIL COMMENTS: • Mayor Lyons 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

  21. ROLL CALL • 5 Ayes. Motion carried.

  22. CONSENT AGENDA • Smith moved approval of the following items: Approval of minutes of June 8, 2011 meeting; approval of June 2011 financial reports; approval of request by The Thirsty Bulldog to transfer beer permit to 13th Street parking on 7/30/11; seconded by Jones. Roll Call: 5 ayes. Motion carried.

  23. 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.

  24. COMMITTEE REPORTS • Public Works Committee - Smith, Chairman of Public Works Committee, reported that mandatory recycling will begin January 1, 2012. 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 27, 2011for the garbage haulers input. Then the ordinance will be ready for Council approval.

  25. 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 June 30,2011, Mayor Lyons 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.

  26. 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.

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

  28. Actions following hearing • Smith moved approval of RESOLUTION #2011-89, ACCEPTING BID AND AUTHORIZING THE AWARD OF CONTRACT FOR THE BICYCLE/PEDESTRIAN BRIDGE PROJECT. Seconded by Green. RCV: All ayes. Motion carried.

  29. Resolutions for contracts • Brown moved approval of RESOLUTION #2011-90, 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.

  30. Resolutions for Projects • Jones moved approval of RESOLUTION #2011-91 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.

  31. 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: Ayes- 5. Third reading adopted. Mayor Lyons declared Ordinance #14462 adopted and ordered its publication according to law.

  32. 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.

  33. CLOSED SESSION • Motion by White, second from Brown, to enter into closed session under Chapter 21.5 of the Code of Iowa, to discuss pending and threatened litigation, ROLL CALL: 5 ayes. Carried. • Closed session began at 8:15 pm.

  34. 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.

  35. Closing & Sign Off • Mayor Lyons declared the meeting adjourned at 8:31 PM. • --------------------------------------- Don Lyons, Mayor • --------------------------------------- Jane Doe, City Clerk

  36. 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 is 10 and 20

  37. Publication (Cont) • 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

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

  39. Publications (cont) • Newspaper 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

  40. 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

  41. One man’s junk is another man’s treasure • Requirements from Feds, Code of IA and Ia Administrative Code • Code of Iowa, Section 304.2(6) • Records vs Public records

  42. Deadlines • Budget: • Certification • March 15 IA Code 24.17 • Appeal of tax limits • $8.10 or other limits

  43. List of terms in alphabetical order Actions of the Council All 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 Custodian One of the most critical jobs as a City Clerk is the historical custodian of City records.

  44. List of terms in alphabetical order 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. 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.

  45. List of terms in alphabetical order Publication of Minutes A summary of each meeting must be published within 15 calendar days of the meeting. Recodification Section 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.

  46. List of terms in alphabetical order Roberts Rules of Order A systematic orderly way to conduct a meeting. Roll Call A 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. • Tickler File • A calendar or file used to keep track of future activities.

  47. 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 • State Auditor’s Office

  48. 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

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