Legal and Practical Aspects of Minutes

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Legal and Practical Aspects of Minutes

• Roxanne L. Schneider, MMC
• City Clerk/Treasurer
• City of Dysart
• 319-476-5690
• dysart_at_fctc.coop
• July 23, 2013

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CHAPTER 21
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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

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AGENDA

• ANY TOWN CITY COUNCIL
• CITY HALL, COUNCIL CHAMBERS
• July 10, 2013
• 700 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.

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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

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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

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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.

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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

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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

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PUBLIC COMMENTS
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ADJOURNMENT

• The Council adjourned by motion from Green,
  second from Brown five ayes.

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CLOSED SESSIONS

• CHAPTER 21

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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 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)

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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

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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

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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

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Resolutions

• Transfers
• Salary (Attorney Generals Opinion)
• Depository Resolution
• Resolution of Necessity (Bonds and TIF Districts)
• Special Assessments
• RUT Report Approval
• Contracts
• Certification of Taxes
• Setting Public Hearings

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VETOs and other tricks of the trade

• Mayor cant 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

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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

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COUNCIL PROCEEDINGSJuly 10, 2013

• Setting-  Who, When, Where
• The Any town city Council met in regular session
  on Wednesday, July 10, 2013, at 700 pm in the
  Council Chambers at City Hall.
• Who Chaired the meeting
• Mayor Thiele called the meeting to order at 700
  pm.
• ROLL CALL
• Present Smith, Jones, Brown, Green, White

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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

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ROLL CALL

• 5 Ayes. Motion carried.

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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.

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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. 

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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.

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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.

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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.

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Close Hearings

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

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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.

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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.

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Resolutions for Projects

• Jones moved approval of RESOLUTION 2013-91
  APPROVING ENGINEERS 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.
•  

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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.

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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.

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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 815 pm.

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Let me out of here

• 830 PM. Motion by Smith, second from White, to
  return to open session. ROLL CALL 5 ayes.
  Motion carried.

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Closing Sign Off

• Mayor Thiele declared the meeting adjourned at
  831 PM.
• --------------------------------------- Pamela
  Thiele, Mayor
• --------------------------------------- Jane
  Doe, City Clerk   

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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.

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The Mayor Didnt 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. 

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The Mayor Didnt 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.

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The Mayor Didnt 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.

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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

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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

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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

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Publications (cont)

• Ordinances IA Code Chapter 380.6
• No longer requires verbatim can publish summary
  
• Resolutions-Never did require publication-- only
  title

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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

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I dont 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

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Deadlines

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

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TIPS AND TRICKS

• Agenda packet preparation
• Mayors agenda
• Minute-taking template
• Roll call votes

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EXAMPLES

• http//www.cityofcarroll.com/images/stories/pdf/Co
  uncilAgendaPacket061013.pdf
• http//www.cityofcarroll.com/images/stories/pdf/Co
  uncilMinutes061013.pdf
• http//www.decorahia.org/pdf/June203,20201320Co
  uncil20Agendax.pdf
• http//www.decorahia.org/pdf/Jun32013cm.pdf
• http//imaging.cityofclive.com/weblink8/0/doc/1544
  02/Page1.aspx
• http//imaging.cityofclive.com/WebLink8/0/doc/1567
  85/Page1.aspx
• http//www.conrad.govoffice.com/index.asp?TypeB_B
  ASICSEC62F2019B-DA3F-402E-A723-A17E1322D879DE
  FF1C81FE-64BB-41AA-A888-988CD7E54C3A
• http//www.cityofhumboldt.org/humboldt/document_ce
  nter/uploads/June_17_2013_Agenda.pdf
• http//www.cityofhumboldt.org/document_center/docs
  /June_3_2013_Minutes.pdf

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LETS PRACTICE

• City of Humboldt Council Meeting
• http//www.youtube.com/user/HumboldtCityof?feature
  guide

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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.
• 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.

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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 Minutes
• A summary of each meeting must be published
  within 15 calendar days of the meeting.

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List of terms in alphabetical order

• 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.
• 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.

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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 Generals 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 Notice
• Local ordinances dictate who can request a
  special meeting. Notice of the meeting must
  follow Chapter 21 of the Iowa Code.

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Resources

• Roxanne Schneider, City of Dysart
• 319-476-5690 (Fax [phone])
• dysart_at_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 Auditors Office

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Resources

• State Historical Society
• Iowa Freedom of Information Council
• Secretary of State
• Minas Guide to Minute Taking by Eli Mina
• International Institute of Municipal Clerks
• www.IIMC.com
• 800-251-1639