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HomeMy WebLinkAbout7A - Council Minutes Revisions STAFF AGENDA REPORT DATE: tJ; 1A N~' FRANK BOYLES, CITY MANAGER(\ '\' CONSIDER APPROVAL OF CITY C NCIL MINUTE TAKING REVISIONS NOVEMBER 4, 1996 AGENDA #: PREPARED BY: SUBJECT: BACKGROUND: The staff is seeking clarification with respect to City Council minutes. DISCUSSION: On at least two occasions, the City Council has directed the staff to prepare summary minutes to its meetings. At the advice of the City Attorney, I am placing this item on the City Council agenda. City Attorney Pace has suggested that summary minutes of the type which the Council has previously directed may adversely affect the City in any subsequent legal action. Typically, the courts will consider the City's official records in the decision making process. Accordingly, she has recommended that a more complete set of minutes be prepared. Attached are pages 106-108 from the League of Minnesota Cities Handbook which more fully addresses and reiterates the recommendation made by the City Attorney. ISSUES: The question is whether or not the City Council wishes a more complete set of minutes to be taken to assist the City Attorney in defending against actions taken against Prior Lake. From a staff perspective, there is no real additional time required except perhaps for the additional time to read minutes which are somewhat longer than prepared at present. As a practical matter, the initial set of minutes are far more complete than the summarized version, which the City Council ultimately receives because we end up deleting and summarizing to achieve the Council's earlier directives. ALTERNATIVES: The Council has the following alternatives: 1. Authorize future minutes to be prepared with greater detail. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 10/29/96 TUE 17:02 FAX 612 452 5550 CKS&F III 002 ~ HANEIICOIC RJfIMINNIKJ1'A cmes The .motion to postpone temporarily is Voting Procedures more commoaly caDed a motton to "1Q on State Jaw does Dot regulate CO\UlCl1 the table- or -':0 table- and it postpones votmi. The counell may use whatever '.... cons1dcraUoD of the moUon unUleomc procedures 'It prefers, subject to charter ,.I undetermined future tJme. 'ftte coundl prDYIstons In home rule cities. lbe _.' may consider a motJOD which was tabled eounc1ra bylaws earl 'Include vot1n& IU1es. whenever a lnajortty at the members'so Otherwtse. the council may use voice decide. A motion to postpone indefln1tely. voting or stand1ng wtc unIc. a council however. 18 the equJYa1cnt to a nc&aUve member calls for a vote by ballot. The vote on the main motiOD. It suppresses bylaws can also set the order In wb1ch permanently 811)' future consideration 0( coundl members vote. Whether the vote is . the maJn motion. . unanimous or not. the mU1utcs must record the name of each coundl member A motion to limit debate p~ and h18 Of her vote. I5D On occa.. A council may lm11t debate by p1actog a 810D. councils may vote by ballot. sucb as time limit on .debate such .as a limit of 15 in eltmtnaH~ candidates far a dty post- mlnutes to eonsider a particular motion. Uon. untll only two OptiODS 1'eIJUdD. Wb11e or by l1m1t1ng the number of people who the law allows for vottne by ballot. the may speak tor and agamst a eertain procedure must eJJSUre that each cauDell mouon such as a 11m1t of three speakers member"a vote ls recorded In the minutes In favor and three speakers opposed. and ~D for pubUc InSpec~OIL The motion'to' amend Role of the Mayor and Clerk CouDell members may offer amend~ Mayors and staDdartl plan city clerks ments to a maln moUOD at any tJJDe. In have the same powers to make. second. addition, It 18 poaaible to amend an and vote on motions as do the coundl amendment cunently under conslder- mcmbem. The mayor does not have a veto, atlon. Beyond this. counct1 members can nor D18Y he or she vote twice In order to Offer no further amendments. When a break a tie. Except. In a Ue vote to flll a '--..-...,- member bBs made' a mottan to amend. the vacancy In an elective ofIlee. the mayor vote on the amendment must precede the must ftll tl1e vacaney by appointment for vote on the odglnal motion. After the the unexpired porUOD of the term or until eounctl has accepted or rejeeted the . the Dext city election.. whichever app11cs. III amendment, another vote is neceMlU'y on 1be mayor presides at council meeUngs the original motton. -hlle the clerk keeps the miDules. In dUes aperattDg ~der ODe of the The motion to substitute opuonaJ plans, the clerk atteDds counc:n 'ThJs is a motion to replace one motiOD meeUngs and records the mJoutes. but W'lth another on the same subject. A may not make. second. or YUle aD !DO- councJ1 member may tDOYe to substttute a UonS'. In addition, unl_ the cound1 ma1n motion .or an amendment to a main extends the prtvtle.e. the clerk Jacks tbe moUon. One form for ~g a subaUtute r1&ht to participate in discussions. motion IS: , wtsh to introduce the follaw- ing subsUtute motJon . . . present the Minutes of Council Meetings. . subst:l.tute motion. .. .- When a substitute Tbe council must eep a fuB and accu.. motion Is .before the eouDdl. it must rate record or its acUODS at every CQuncJl decide wbleh of the two motions, the ~tIrJg. In statutory cities the clerk OI1g1nal moUon or the substitute moUon. recorda the counet1 pruceecltngs ill a It wishes to CODsider. The couDct1must minute book. 53 In the clerk's absence, the vote on this question. A -yes- vote Cavonl coundl should delegate the c;1uty'ofte1n~f consldenn& the substitute motion. A 'bo- minutes for that meetinC- vOte fawn eonstde11Dl the' OItg1nallJlO4' The actual-ord1ng of the m1Du~ Sa up tlon. The eounc11 must then dillCU88 and to the clerk unless the counc1l. by motion. . vote u~on the motS.on which It selected. '-" . . . .. . 1C18 10/29/96 TUB 17:02 FAX 612 452 5550 ........ . adopts a standard form or speclflcaJ1y dJreets the clerk to eba.nge the warding in the mJDutcs. The minutes should be lD language and using terms the average citizen can understand. Reference to numbers of ordinances. resoluUoDS. 'and other matters should melude a bnef descrtptlon. If the cauncil1lnds a mistake m the mJDutes af the previous meetmg. the clerk should change the m1Dutes to shaw what actuaDy occurred.. If the clerk declines. the eOUDdl can order the change by motion and a vote.. 1be clerk must then . make the ehange and show in the miD.. . utes that the change was made by order of . the coundL III Once the coundl has forma11y approved the mlDutes of any meeUng. no ODe should change those mJnutes under any cJrcumstaDces. The coundl ean c1Japense with the re~ of the minutes. ff aD caunell members have received them pr10r to the meeting. The counc:ll must provlde books and stationery tor use m keeping mmutes. State law requires all cities to maJntaln mlnutes on paper of durable quality and With the use at 1Dk. c:arbon papel'8, and typewriter ribbons of such quality as to Jnsure permanent records. 56 Because minutes an! oJIldal papers of the cl~. the clerk. should atgD them: Although the law does not require it. many cities also have the ma,or atgD them after the councl1 has ap~ them. It the minute book includes only a eUp- pmg from the published proceedlDgs. the clerk should sSgn the clippIng even tl10ugb the SJgl1atUIeS of the clerk and mayor are already printed on the clipping. Minute books are public records and must be available for publ1c View' at 8Dy reasonable time. PUBLICATION OF COUNCIL MINUTES After cvexy regular or 8pecial iD~ttng. statutory clUes ewer 1.000 populatioD must publlsh the oBleial coun~l1 proceed- mgs or a Sl1TnTn"ty of the otDdal ~utes. The SUXDmaIY must include acUon an moUons. resolutions. ord1nancee~ and other o1Ilcial proc:eedings.55 As an altema- ttle to publleaUon. the dty may ma1l (at cIty expense) a copy of the proceedJng. ~ any resident upon request. The publ1ca- C K S & F IaJ 003 CHAPTER 7 , ' tJon requirement does Dot, cover hame ~C" dUes and dties under 1.000 populatfop.1f a home rule dty does Dot have a Charter nqwrement. It doesntt need to publ1sh couDCtl minutes. Ie Whether or not the city pubUsh~t" minutcs. It must publ1sh ordinances ~d.. in certaJn cases, the annual ftnandal statement. CONTENT OF COUNCIL MINUTES The clerk should Include the foUGWlDg mtormaUon in the mlDutes: The time and plaee of the meetlne: The m~ present: A summary of an dee1sions the council made, lneludJng a copy of each moUon exactly as stated. whether or not the moUon had a second and. If so. whether or not the council ~opted it; and " ' . The names of the eoundl members and the mayor who vote eJther for or against each moUon. ~ The city does not need to reprtnt resoluUoD8 and onltnances In fun In the mlDutes. The , clerk may Identify them by reference to their descriptive UrJe and number. 1C Bny. In this case, the city mU8t ma1D- tatn a separate racoM of aD ordl- nanees and resolutions on which the councU bas acted. " MAKING AN ADEQUATE RECORD MakIng an adequate record of, c~uncll decisions and the factualtnfonriaUon llpon whJch membem made" dedstons Is very Important. MInutes are the pr1maJy record or the dedsfon-maklng process. Courts clasSify governmental acUons as being legislative or admJnJstratlVe (or quasijudJctaQ in dJaraeter. Cenerally. when a coundl estabUshes poUcles and standards by ordinance appIymg to property In gmenU. not to spectflc par~ . cela, the action is legislative. When a . governmental body takes action whl~ involves the application of the general standard or polley to a spectflc parcel. person, ar situation, the eourta classify the acUOD as atll'ftt,.,tstral:JYe or quasl- , , Judicial. LegJsJa.UVe acUon Is subject to " more 1ImJted JudJc1al review than adID1n1s- . batlve or quasi-judJcial acUOD. These are twa reasons for more limited JudIcial review of lcgIslatJve act1ons. F1rs~ , "'07 1n/29/96 TUB 17:03 FAX 612 452 5550 C K S " F HANCBDC Fa" IINlE&arA crrES III 004 ~ourts'say that they cannot subststute their Judgment for the Judgment of a governing body In Its exercise of ita lells- latlve runc~on.5B Second. when the acUon Js legislatJve. the party contestmg Its validity or seeking the change must pzuve that there Is no reasonable basIS for It. ProvIng tJits is extremely cWBcult; so, too, is provtng that the enactment of legtsla.. Uon was arbitraxy or capl1dous. Where an action Is admirdstraUve or Judicial, courts wtD scrut;lntzc the govern- mental action. the procedure the council followed. and the baa1a for that action. The contestJng party or the party aft'ected by the acUon need only. estabUsh, through evidence. that the aeUon was either arbitrary. unreasonable, or caprJctous. When the LeglslatUR delegates a power to a CIty, the court w1D set aside discretlan- 8JY decJslons only if they are praYed to be arbitrary or capricious.. The dty must comply with the proce- dures in state law Cor. every action it takes whether legtsJattve or admtnistraUve. The law usuaDy specUles adoption. notice. and heartng proeedun:s for Dtost legl81aUve actions. The statutes typicaDy do not specify procedures for admfnJstrat1ve acUOns but aCten times local onl1DaDces do. A number of recent Minnesota Supreme Court cases have set at least paruaI proeedural easeD- UaJs for adm1n1straUve or quast-Judicial acUons of a pubUc body. These Include JlIOF rc~s. . In order for a court to do a mean1ngf'ul review of quasI-Judldal coundl action. records must clearly and pree1sely state the counctrs finding or facts and bow those facts led to the decta1oD. m The Bndlngs are part of the record. When a court RY:tews caundl pt'OCcedmgs they wm stand or fall on the records the city kept, Dot OD the records it mtght have maJntaJned. el . PARTS OF THE RECORD . . The' rcc~rd of a bcai1ng m~ be In two . separate parta-the tramJcr1pt or the hearing which presaves testimony and the flna1 order or de~tloD at the heai1ng body. FoDowtng Is a sample order outllDe: . 'A eaption or title. such as. -In the matter of Mr. X's appUca1Ion for a . spedal use pemdt;- . A preamble summarizing the ad:IODa . the councD took at the heartne and statsng the purpose or the application; . 'Flndlngs of fact (lndtvtduaUy num- bered); . . Conclusions or reasons: . A dcda1on; . AD opinion (If any); and . A eopy of the tranac:rtpt. tape record- mg. or at a wn1ntmum. detaded udn- utes, Including all objections and rullllgs OD them (Jf any). The elements of the order reflect the steps In arrtYlDg at a decision. The federal cowta have noted the sequenee as lo11aws: . Council t.akes and weighs evidence. both as to Its accuracy and credibility; . From attentive consideration of this evidence. the body 'mU'" a dcl:.enId- nation of facts of a basic or underlying nature; . . From the basic facts. the body makes ftndlnp or conclustons often In the language of the statute or ordinance. or Dot; ancfD . From this ODding. the council makes a dedalon follOWiD. the statutory criterion. ., FIndings of fact serve two major pur- poeea. The flmt relatc:a to UnpnMDg the deeis1oD"m,.1rI~ process and the second concerns JucBdal n:vtew. When a eoundl ptepaRS predSe ODd- tngs of releY8nt facts. a well reasoned and mare rlgorouB deetston-maIdng proee8$ . RSults. When a counc.t1 must demon- strate that its conclusions are consistent With all of the facts In the record, it must undcrgo cardU1 and p8tnstll'lrl"'l ~. Any record should demonstrate compli- ance with all eonatltutlODal requirements (due process deftelenctes' such as lack of notlc:e often ptoYlde grounds tor appeal), as.weD as aD statutaly and ordfnance procedural reqWrements.. '. .......---.' . ......' ..../ 108 .