HomeMy WebLinkAbout02-27-2023 Council Work Session PacketCouncil Work Session
Monday, February 27, 2023
5:00 P.M.
Orono Council Chambers,
2780 Kelley Parkway, Orono, MN 55356
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WORK SESSION
AGENDA
1. City Council – Staff Procedures
CITY OF ORONO MEMORANDUM
DATE: February 27, 2023
TO: City Council Members
FROM: City Administrator
RE: Council – Staff Procedures: Continuation for February 13th Meeting
1. Purpose. The purpose of this item is review various Council and staff procedures. -
2. Background. Over the last few weeks staff has received a number of queries from multiple council
members on various procedures and processes. The intent with this item is touch on the following
subjects at a high/summary level. Future deep dives into topics can be scheduled for follow on meetings
if there is interest in doing so.
3. Council Staff Interaction. Discussion of rules, norms and principles of interactions between staff
and council members
a. City Administrator-Council Relationship
b. Simple “Chain of command”
c. Respectful work place
d. “15 Minute rule”
4. Agenda Setting. Summary of how items end up on a council agenda.
a. Normal process
b. Clerk’s role
c. Council’s role
5. Council Meeting Procedure – Roberts Rules/ Parliamentary Procedure. Summary of the rules
and norms of running a city council meeting.
a. Mayor’s role
b. Rules.
c. Past practice
6. Minutes.
a. Process
b. Minimum requirements
c. Past Practice / Past Issues
COUNCIL ACTION REQUESTED:
Discussion.
Exhibits:
A. Presentation slides
B. LMC – Handbook on Minutes
C. Minnesota Statutes 2022, Section 13D.01
References:
City Code Sections 2-40, 2-100, 2-101
Minnesota Mayors Handbook, April 2022
LMC Handbook for Minnesota Cities, Chapter 7
Council –Staff
Procedures
Work Session
13 Feb 22
City Administrator –City Council
Relationship
•City Council to set policy direction as the direct
representative of the community
•City Administrator to provide professional
expertise to lead and manage the organization
Council Staff Interactions
•The Council directs the City Administrator and City
Administrator directs staff (simple chain of command)
o Question on Council Actions direct to Departments = okay
o Direction direct to Staff = not okay
o Non-Council action queries direct to Departments = 15 Minute Rule
•Don’t jump to conclusions regarding citizen
feedback.
o Most often the issue is not the staff but a procedure, policy,
implementation of a Council initiative…
o Check with staff before responding or simply pass the issue to me.
•Communication is key. No Surprises –Council and
Staff should keep each other informed
Council Staff Interactions
•Respect should go both ways but be cognizant that
the power dynamic makes the staff vulnerable
•Staff provides Professional (but not Political)
Recommendations
o Disagree with the recommendation but “Don’t attack the
messenger” …Critique the idea, not the individual
o Includes “don’t stump the staff”
•Don’t expect Staff to take sides in councilmember
disputes. It’s about the majority, not the individual
Agenda Setting
•Per code-City Clerk is to prepare an agenda (Sec 2-40)
•Most items are process/ staff driven.
•Agenda is set/ approved by Council at beginning of the meeting.
•New items may be introduces at the beginning of a meeting but
should not be introduced once the agenda is set.
•During council meeting individual council members may propose
items / subjects for future works sessions of meeting. Need
consensus to move forward
Tuesday
Dept heads
confirm item
topics with
Clerk
Thursday by
noon
All items
submitted to
Clerk
Thursday afternoon
Administrator and
Clerk review and
prep packet
Friday
Clerk publishes
packet
Monday start of
meeting
Council Adopts
Agenda
Wednesday
Clerk sends
Draft Agenda to
departments
and Council
Council
Member
proposes an
agenda topic /
item
Staff initiates
analysis or data
gathering
Staff brings draft /
initial work to
Council Work Session
Staff Refines
item based on
council
feedback
Monday start of
meeting
Council Adopts
Agenda
Majority of
council
supports
Council Meeting Procedure
•Agenda approved at beginning of meeting
•Mayor –Presides over meeting
o Facilitate Discussion
o Preserve Order
•Robert’s Rules guides proceedings.
o City Attorney helps guide/ advise council on procedural issues.
•Citizen Input.
o Managed by the presiding officer (Mayor)
o Public Comment=Open Forum. Limit time
o Regular Council Item = public comment not required; presiding
officer discretion.
o Public hearings = allowing Public Comment required
Meeting Minutes
•Minutes are taken for each Council meeting.
o City contracts with a vendor to produce minutes from our video/audio
recordings.
o Draft minutes are sent to the City Clerk who checks them for completeness.
o Draft minutes are provided in Council Packet for council review
o Minutes approved by council. Normally as a consent agenda item.
•Minutes are a summary record of the meeting. They must
include:
o The members of the Council who are present.
o The members who make or second motions.
o Roll call vote on motions.
o Subject matter of proposed resolutions or ordinances.
o Whether the resolutions or ordinances are defeated or adopted.
o The votes of each member, including the mayor.
RELEVANT LINKS:
League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022
Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 32
In some charter cities, the mayor has veto power. Charter cities should
consult their charters for more information.
In Plan A or Plan B statutory cities, the clerk attends council meetings and
records the minutes but may not make, second, or vote on motions. In
addition, unless the council extends the privilege, the clerk lacks the right to
participate in discussions.
Minn. Stat. § 412.191. In Standard Plan statutory cities, the clerk is an elected member of the
council and has the same voting powers as the other council members.
Charter cities should consult their charters for more information about the
clerk’s role.
H. Minutes of council meetings
Minn. Stat. § 15.17. Minn.
Stat. § 412.151, subd. 1. The council must keep a full and accurate record of its actions at every
council meeting. In statutory cities, the clerk records the council
proceedings in a minute book. In the clerk’s absence, the council should
delegate the duty of taking minutes for that meeting.
The clerk determines the actual wording of the minutes, unless the council
adopts a standard form by motion or specifically directs the clerk to change
the wording. The minutes should be written in language average citizens
can understand. Reference to numbers of ordinances, resolutions, and other
matters also should include a brief description of their subject matter.
A.G. Op. 470-c (Feb. 18,
1959). If the council finds a mistake in the minutes of the previous meeting, the
clerk should correct the minutes. If the clerk declines, the council can order
the change by motion and a vote.
The clerk must then make the change and show in the minutes that the
change was made by order of the council.
Once the council has formally approved the minutes of any meeting, they
should not be changed under any circumstance. The council can dispense
with the reading of the minutes if all council members have received them
prior to the meeting.
Minn. Stat. § 412.221,
subd. 1. Minn. Stat. §
15.17, subd. 1.
The council must provide books and stationery for keeping minutes. State
law requires all cities to keep minutes on a physical medium that is of a
quality that will ensure permanent records.
Minn. Stat. § 412.151,
subd. 1. Because minutes would likely be considered official papers of the city, they
should be signed by the clerk. Although not required by law, in many cities
the mayor also signs the minutes after the council approves them.
RELEVANT LINKS:
League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022
Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 33
For more information, see
LMC information memo,
Data Practices: Analyze,
Classify, Respond.
If the minute book includes only a clipping from the published proceedings,
the clerk should sign the clipping even though the signatures of the clerk
and mayor are already printed on the clipping.
Minn. Stat. § 13D.01, subd.
5
DPO 22-002
Minutes of open meetings are public records and must be open to the public
during all normal business hours where records of the public body are kept.
1. Publication of council minutes
Minn. Stat. § 412.191,
subd. 3. Minn. Stat. §
331A.01, subd. 10. Minn.
Stat. § 331A.08, subd. 3.
After every regular or special meeting, statutory cities with populations
over 1,000 (according to the latest federal census) must publish the official
council minutes or a summary of the official minutes unless the city
alternatively chooses to mail (at city expense) a copy of the minutes to any
resident upon request. The summary must include action on motions,
resolutions, ordinances, and other official proceedings.
Minn. Stat. § 412.191,
subd. 3.
The summary must state that the full text of the official minutes is available
for public inspection at a designated location or by standard or electronic
mail. Publication of the council minutes must generally occur within 30
days of the meeting. If a city council does not conduct a regular meeting
more than once every 30 days, however, the city does need not publish the
meeting minutes until 10 days after they have been approved by the
governing body.
Cities with a population of less than 1,000 are not required to publish the
council minutes but may choose to do so. The publication requirement in
state law does not cover home rule charter cities; therefore, charter cities
should consult their charter to determine whether it has publication
requirements.
2. Content of council minutes
Minn. Stat. § 13D.01, subd.
4. Minn. Stat. § 412.191,
subd. 3. Minn. Stat. §
331A.01, subd. 6.
The clerk must include the following information in the minutes:
• The members of the public body who are present.
• The members who make or second motions.
• Roll-call vote on motions.
• Subject matter of proposed resolutions or ordinances.
• Whether the resolutions or ordinances are defeated or adopted.
• The votes of the members of the council.
• The vote of each council member must be recorded on each
appropriation of money, except for payments of judgments, claims, and
amounts fixed by statute.
RELEVANT LINKS:
League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022
Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 34
Minn. Stat. § 412.151,
subd. 1. Ordinances, resolutions, and claims considered by the council do not need
to be fully detailed in the minutes if they appear in other permanent records
kept by the clerk and can be accurately identified by the description given
in the minutes.
See Office of the State
Auditor, Statement of
Position: Meeting Minutes.
The Office of the State Auditor has recommended that meeting minutes
include the following information in addition to the information required by
state statute.
• Type of meeting (regular, special, emergency, etc.).
• Type of group meeting (whether the meeting is a meeting of the
governing body or committee, for example).
• Date and place the meeting was held.
• Time the meeting was called to order.
• Approval of minutes of the previous meeting, with any corrections.
• Identity of parties to whom contracts were awarded.
• Abstentions from voting due to a conflict and the member’s name and
reason for abstention.
• Reasons the governing body awarded a particular contract to a bidder
other than the lowest bidder.
• Granting of variances and special use permits.
• Approval of hourly rates paid for services provided, mileage rates,
meal-reimbursement amounts, and per-diem amounts.
• Listing of all bills allowed or approved for payment, noting the
recipient, purpose, and amount.
• List of all transfers of funds.
• Appointments of representatives to committees or outside
organizations.
• Reports of the officers.
• Authorizations and directions to invest excess funds, information on
investment redemptions and maturities.
• Time the meeting concluded.
3. Making an adequate record
It is very important to make an adequate record of council decisions and of
the information on which council members base their decisions. Minutes
are the primary record of the decision-making process and are critical if
council actions are challenged.
Council actions are generally classified as either legislative or
administrative in nature. The establishment of general policies and
procedures is legislative action and is subject to limited judicial review.
Courts typically will not substitute their judgment for a council’s judgment
on these topics.
RELEVANT LINKS:
League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022
Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 35
Administrative or quasi-judicial actions involve the application of a general
policy to a specific person or situation.
An example of a quasi-judicial decision is a city council’s decision
regarding whether an applicant has satisfied the criteria for a conditional
use permit. Administrative actions are subject to greater judicial scrutiny,
and will be set aside if they are arbitrary, unreasonable, or capricious.
Therefore, it is important for the council to develop an accurate record and
findings.
Metro 500, Inc. v. City of
Brooklyn Park, 297 Minn.
294, 211 N.W.2d 358
(1973). Inland Constr. Co.
v. City of Bloomington, 292
Minn. 374, 195 N.W.2d
588 (1972). Bank of
America, FSB v. City of St.
Paul, No. C7-97-1073
(Minn. Ct. App. Feb. 17,
1998) (unpublished
decision).
See Handbook,
Comprehensive Planning,
Land Use, and City Owned
Land.
For a court to meaningfully review council actions, the minutes must
clearly and precisely state the council’s findings of facts and how those
facts led to the council’s decision. Findings of fact serve not only to
improve the decision-making process, but also aid in judicial review. The
findings are part of the record. When a court reviews council proceedings it
will rely on the records the city actually kept and not on the records the city
might have maintained.
4. Parts of the record
When the city council or other public body holds a hearing, the record
usually consists of two separate parts: the transcript, which preserves
testimony, and the final order or determination. Following is a sample final-
order outline for a conditional use permit. The elements of the order reflect
the steps taken by a hearing body in arriving at a decision.
• A caption or title, such as, “In the matter of Ms. X’s application for a
conditional use permit.”
• A preamble that summarizes the council’s actions at the hearing and
states the purpose of the application.
• Findings of fact (individually numbered).
• Conclusions or reasons.
• A decision.
• An opinion (if any).
• A copy of the transcript, tape recording or, at minimum, detailed
minutes that include all objections and rulings on them (if any).
When a council prepares precise findings of relevant facts, the result is a
well-reasoned decision. When a council can demonstrate its conclusions are
consistent with all the facts in the record, its decision is likely to be upheld
if challenged.
RELEVANT LINKS:
League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022
Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 36
The record should also demonstrate compliance with all constitutional
requirements, as well as with all procedural requirements. Often, due-
process deficiencies, such as lack of notice, provide grounds for appeal.
IV. Motions, resolutions, and ordinances
A. Passing motions, resolutions, and ordinances
See Section IV C -
Ordinances for information
regarding the requirements
for providing notice of
proposed ordinances.
Any council member, including the mayor, may introduce an ordinance or
resolution. When ordinances or resolutions are before the council, the
council may act upon them at once, refer them to a committee for study and
recommendation, postpone consideration to some future time, or take any
of the other subsidiary or privileged motion actions.
After the council has completed all consideration and discussion of the
matter, the presiding officer should read the ordinance or resolution and call
for a vote.
If the council decides to refer the matter to a committee, the committee may
investigate and recommend passage of the ordinance or resolution in its
original form or in an amended form, or it may reject the ordinance or
resolution. Debate on the ordinance or resolution may take place at the time
of its introduction, while a committee is considering it, and after the
committee has reported its findings and recommendations.
Most resolutions and procedural motions of the council must receive a
majority of the votes cast to be adopted. To illustrate: if two members of the
council vote in favor of a resolution, one votes against it, and two abstain
from voting, the resolution passes.
Minn. Stat. § 412.191,
subd. 4.
Minn. Stat. § 412.851.
State law requires some resolutions to be adopted by more than a majority
of those voting on the resolution. For example, a resolution to approve
summary publication of an ordinance requires a four-fifths vote of the
members of the council. Likewise, a four-fifths vote of the members of the
council is required to vacate a street.
Minn. Stat. § 412.191,
subd. 4.
Minn. Stat. § 462.357,
subd. 2b.
Ordinances in statutory cities must be enacted by “a majority vote of all the
members of the council,” except where a larger number is required by law.
Therefore, on a five-member council, an ordinance would need at least
three favorable votes to pass. State law requires a larger number in some
circumstances. For example, a two-thirds vote of all the members of a city
council is required to change the classification of land in a zoning district
from residential to commercial or industrial.
13D.01 MEETINGS MUST BE OPEN TO THE PUBLIC; EXCEPTIONS.
Subdivision 1.In executive branch, local government.All meetings, including executive sessions,
must be open to the public
(a) of a state
(1) agency,
(2) board,
(3) commission, or
(4) department,
when required or permitted by law to transact public business in a meeting;
(b) of the governing body of a
(1) school district however organized,
(2) unorganized territory,
(3) county,
(4) statutory or home rule charter city,
(5) town, or
(6) other public body;
(c) of any
(1) committee,
(2) subcommittee,
(3) board,
(4) department, or
(5) commission,
of a public body; and
(d) of the governing body or a committee of:
(1) a statewide public pension plan defined in section 356A.01, subdivision 24; or
(2) a local public pension plan governed by sections 424A.091 to 424A.096, or chapter 354A, or Laws
2013, chapter 111, article 5, sections 31 to 42.
Subd. 2.Exceptions.This chapter does not apply
(1) to meetings of the commissioner of corrections;
(2) to a state agency, board, or commission when it is exercising quasi-judicial functions involving
disciplinary proceedings; or
Official Publication of the State of Minnesota
Revisor of Statutes
13D.01MINNESOTA STATUTES 20221
(3) as otherwise expressly provided by statute.
Subd. 3.Subject of and grounds for closed meeting.Before closing a meeting, a public body shall
state on the record the specific grounds permitting the meeting to be closed and describe the subject to be
discussed.
Subd. 4.Votes to be kept in journal or minutes.(a) The votes of the members of the state agency,
board, commission, or department; or of the governing body, committee, subcommittee, board, department,
or commission on an action taken in a meeting required by this section to be open to the public must be
recorded in a journal or minutes.
(b) The vote of each member must be recorded on each appropriation of money, except for payments
of judgments, claims, and amounts fixed by statute.
Subd. 5.Public access to journal and minutes.The journal or any minutes used to record votes of a
meeting subject to this chapter must be open to the public during all normal business hours where records
of the public body are kept.
Subd. 6.Public copy of members' materials.(a) In any meeting which under subdivisions 1, 2, 4, and
5, and section 13D.02 must be open to the public, at least one copy of any printed materials relating to the
agenda items of the meeting prepared or distributed by or at the direction of the governing body or its
employees and:
(1) distributed at the meeting to all members of the governing body;
(2) distributed before the meeting to all members; or
(3) available in the meeting room to all members;
shall be available in the meeting room for inspection by the public while the governing body considers their
subject matter.
(b) This subdivision does not apply to materials classified by law as other than public as defined in
chapter 13, or to materials relating to the agenda items of a closed meeting held in accordance with the
procedures in section 13D.03 or other law permitting the closing of meetings.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975
c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s
2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; 1Sp2001 c 10 art 4 s 1;
2010 c 359 art 12 s 3; 1Sp2011 c 8 art 8 s 2,14; 2013 c 111 art 5 s 4,80; 2021 c 14 s 2,3
Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 202213D.01