2015-02-19 CC Agenda PacketCl TY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable
cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community.
MOUND CITY COUNCIL
SPECIAL MEETING WORKSHOP
THURSDAY, FEB 19, 2015 — 7:00 PM
MOUND CITY COUNCIL CHAMBERS
Page
1. Open meeting
2. Response plan for the Centennial Building when under threat by gun /bomb (KH)
3. Response plan for tornado and fire (KH) 1
4. Chart of accounts (MW) 2 -8
5. Redevelopment (JP)
6. 'Biking City' designation (JP)
Keeping CC members updated (MW & KH) 9
A. When content is not confidential (KH)
B. When content is confidential (KH)
C. Workshops
8. City Code updates 10 -13
A. Public Gathering Permits and Fee Schedule (KH & CP)
B. General update of certain other sections (CP)
9. Meeting conduct /protocols (MW & KH) 14 -25
10. Other
11. Adjourn
City of Mound
601
WATER FUND
Enterprise
Chart of /accounts - Fund Code Listing
SEWER FUND
Proprietary
2/12/2015
MUNICIPAL LIQUOR FUND
670
C ate gory
No.
Description
STORM WATER UTILITY FUND
884
INVESTMENT FUND
101
GENERAL FUND
GASB 34 FUND
41110 Council
41920
Computer
41115 Promotions
42110
Police
41310 City Manager /City Clerk
42115
Emergency Preparedness
41410 Elections
42400
Planning & Inspection
41500 Finance
43100
Streets
41550 Assessing
45200
Parks & Cemetery
41600 Legal
49300
Fund Transfers
41910 City Hall Building & Srvs
49999
Contingency & Misc.
2xx = 222
AREA FIRE SERVICES
Special 281
COMMONS DOCKS FUND
Revenue 285
MOUND HRA
3xx = 3XX
Debt Service
4xx = 401
Capital 402
427
475
G.O.20XX
GENERAL CAPITAL PROJECTS
MUNICIPAL STAID ST CONSTUCT
SEAL COAT FUND
TIF 1 -3 Mound Harbor Renaissan
6xx =
601
WATER FUND
Enterprise
602
SEWER FUND
Proprietary
609
MUNICIPAL LIQUOR FUND
670
RECYCLING FUND
675
STORM WATER UTILITY FUND
884
INVESTMENT FUND
999
GASB 34 FUND
-2-
woundserveAshareddata \FINANCE DEPTVWccounting Forms\Acccunts Payable Related \Chart of Accounts
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Current Period: Closing 2014
Batch Name 2014CITY -AP7 User Dollar Amt $22,323.58
Payments Computer Dollar Amt $22,323.58
$0.00 to Balance
Refer 1 COLOTTI, JO_HN_A.
AP Payment E 609 - 49750 -331 Use of personal auto REIMB MILEAGE -J. COLOTTI- CITY
BUSINESS MTGS, TRADE EVENTS, MMBA,
CITY HALL TRIPS 2014
Invoice 02062015 2/2/2015
AP Payment E 609 -49750 -430 Miscellaneous
Invoice 02062015 2/212015
AP Payment E 609 - 49750 -430 Miscellaneous
REIMB J. COLOTTI CARBONE'S PIZZA FOR
STAFF THANKSGIVING EVE
REIMB J. COLOTTI CARBONE'S PIZZA FOR
STAFF NEWS YEAR EVE
Invoice 02062015
2/2/2015
$2,196.07
Transaction Date
2/3/2015 Due 12/31/2014
Accounts Payable 20200 Total
Refer
2 FIVE TECHNOLOGY
E 601 -49400 -500 Capital Outlay FA
AP Payment E 101- 41920 -440 Other Contractual Servic
MONTHLY SVC & NETWORK MTCE- NOV
2014
Invoice 130003
11/1/2014
1/16/2015 PO24315
Transaction Date
2/3/2015 Due 12131/2014
Accounts Payable 20200 Total
Refer
7 HENNEPIN COUNTY PROPERTY T
$15,000.00
AP Payment E
375- 47200 -300 Professional Srvs
HENN CO. TIF ADMIN FEES 2014 TIF 1 -3
Invoice 85- 2015 -1
1/2/2015
E 609- 49750 -382 Water Utilities
AP Payment E
355 -47000 -300 Professional Srvs
HENN CO. TIF ADMIN FEES 2014 TIF 1 -2
Invoice 85- 2015 -1
1/2/2015
AP Payment E
355 - 46384 -300 Professional Srvs
HENN CO. TIF ADMIN FEES 2014 TIF 1 -2
Invoice 85- 2015 -1
1/2/2015
4 MP &G MARKETING SOLUTIONS, L
$273.28
$73.00
$30.05
$376.33
$1,800.00
$1,800.00
$717.69
$590.00
$888.38
Transaction Date 2/4/2015 Due 12/31/2014
Accounts Payable 20200 Total
$2,196.07
Refer
3 KLM ENGINEERING, INCORPORAT
_
AP Payment
E 601 -49400 -500 Capital Outlay FA
ELECTRIC WATER TOWER STAND MIXER &
$15,000.00
INSTALLATION - ISLAND PARK
Invoice 5517
1/16/2015 PO24315
Transaction Date
2/312015 Due 12/31/2014
Accounts Payable 20200 Total
µ
$15,000.00
Refer
_ 6 MOUND, CITY OF
_
AP Payment
E 609- 49750 -382 Water Utilities
WATER SERVICE 12 -1 -14 THRU 1 -2 -15 HWS
$52.27
Invoice 020615
1/20/2015
Transaction Date
2/3/2015 Due 12/31/2014
Accounts Payable 20200 Total
$52.27
Refer _
4 MP &G MARKETING SOLUTIONS, L
_
AP Payment
E 101 -42400 -300 Professional Srvs
DEVELOPER BROCHURE -PYMT #1-
$2,000.00
RESEARCH, CREATIVE BRIEF, PHOTO
SOURCING, CLIENT COMMUNICATIONS
Invoice 02062015
1/29/2015
Transaction Date
2/3/2015 Due 12/31/2014
Accounts Payable 20200 Total
$2,000.00
1 Refer
5 VILLAS LOST LAKE _HOMEOWNER
AP Payment E 281 - 45210 -381 Electric Utilities
2014 VILLA DOCKS ELECTRICITY
$721.31
Invoice 020615
1/28/2015
AP Payment E
281 - 45210 -430 Miscellaneous
2014 VILLA DOCKS WATER
$177,60
Invoice 020615
1/28/2015
-264 77
-
101 -43100 -500 Capitol Outlay FA
Total
Parks
101- 45200 -101 F T Empl Regular
101- 45200 -102 F T Empl Overtime
101- 45200 -103 Part -Time EE ($35K Gross)
.101- 45'200 -112 Comp Time Pay
101 -45200 -113 Vacation Pay
101- 45200 -114 Holiday Pay
101 -45200 -115 Sick Pay
101 - 45200 -116 Severance Pay
.161 -A5200 -121 PERA
101 -45200 -122 FICA
101_45260-131 Employer Paid Health
i0 1- 45200 -1 33 Employer Paid Dental
10145260-134 Employer Paid Life
101-45200-1 35 Employe. Health Care Saving PI
101- 45200 -137 LTD
101-45200-140 Unemployment Comp
101-45200-151 Worker s Comp Insurance Prem
Payroll Related
101-45200-200 Office Supplies
101 -45200 -202 Duplicating and copying supply
1,01 -45200 -205 Computer Hardware /Software
101-45200-210 Operating Supplies
',01-45200-212 Motor Fuels
01-45200-218 Clothing and Uniforms
101 -45200 -220 Repair /Maint Supply
10i- 45200 -221 Equipment Parts
0 1 -4 52 00 -22 3 Building RepairSuppl :es
101- 45200 -232 Landscape Material
101 -45200 -300 Professional Srvs
101 -45200 -305 Medical Services
101- 45200 -321 Telephone a Cells
01 -45200 -322 Postage
101 -45200 -328 Employment Advertising
101-4U00-351 Legal Notices Publishing
101-45M-361 General Liability Ins
101- 45200 -381 Electric Utilities
101 -45260 -383 Gas Utilities
101- 45200 -384 Refuse /Garbage Disposal
10 1 -4 52 00 -400 Repairs a Nainienance
__
101 - 45200 -404 Machinery/Equip Repairs am
1 01- 4 5200 -41 0 Rentals (GENERAL)
101 -45200 431 Meeting Expense
,101- 45200 -433 .Dues and Subscriptions
101-45200-434 Conference a Training
101 -45200 438 Licenses and Taxes
101 -45200 440 Other Contractual Services
101- 45200 -500 Capital Outlay FA
101- 45200 -525 Other Capital Improvements
101- 45200 -533 Tree Removal
101- 45200 -534 Tree Planting
Total
-.
1,630..
-
.
9,362
Actual
12,320
Actual �B. oge:
2eauested Ct aeg'
33,859'
129,329
153,570
74,750. -51.33
41
1,300
200
306
906,336
872,711
926,355
880,292
375
-
550
151,032;
147,099
186,611
189,104
5,003:
7,178
10,000:
10,000
8,317:
8,080
19,000
19,000
-
3,7M
5,450
5,500
6,500
8,933;
8,982
5,500
5,500
7,585:
8,234!
5,000
1,000
5,60!
9,016
12,000
12,000
14,735
3,914
500
500
13 3451
13,333
14,2541
14,435;
13,262:
15,443
17,7181
17,909
27,3721
29,674
32,289
35,160
1,524;
1,597
66
1,9:
,4
165_..
37'
33:
38
39'
7,184;
4,535
3,900-
3,900.
814
724
752
861
-.
1,630..
-
.
9,362
9,114
12,320
1 ' 380
277,8421
270,122
298,552
303,46 ".C4
29.
41
1,300
200
306
91
400
200
375
-
550
3,759
6,742
4,000:
4,000
12,388
10,432
12,500
12,500
4,344
3,847
4,000
4,000,
9,721
5,850
5,500
6,500
2,257
6,878
5,500
5,500
182
835
5,000
1,000
7,143:
17,264
12,000
12,000
1,755
3,914
500
500
40
694
500
560
4,580
2,763
4,020
4,020
87
439
200:
200
576
305
360
300
-
142.
100
100.
3,554
3,574
3,700
3,800
1,991
1,845
3,000
2,000
4,670
5,556
6,000
7,000
5,177
2,082
5,600
2,7o0
31,526
2,267
25,800;
18,000
5,397:
4,028
11,800-
7,500
5,37_3;
6,630
-
6,006.
6,000
943:
290
950
500
655
(90);
600
300
2,448:
847
1, 500
1,500
1,7881
20
660:
- 600
3 522:
9,318
1,000
2,000.
32,533:
59,735
23,988
32,350 34.86%
12,216
19,512'
14106
28,000
28,000
456,958 450,942 472,810 467,761 - 1.07/a
S \F[NAi\,CE DEPT \BUDGET \2015 \Budget Working File \2015 - BUDGET CONIONED Working File.xis 101 -EXF
0a
5341 MAYWOOD ROAD
MOUND, MN 55364 -1687
PH: (952) 472 -0600
FAX: (952) 472-0620
M E M O R A N D U M WEe www.cityofmound ccm
DATE: February 17, 2015
TO: Mayor Wegscheid & Council Members
FROM: City Manager Kandis Hansom' i4
SUBJ: Open Communication
Open Communication between Staff & Council Members
I am aware of the feeling of inequity surrounding information disseminated to Council Members. That
is a dilemma we need to discuss. I'm equally concerned but my question remains: How to remedy this
in an environment that expects transparency but requires, same as in all business environments,
confidentiality.
At the local government level, the Advisory Committees are set to be the council liaison(s) during
project development, and its intended that content is kept confidential until the project is ready to go
public. Developers don't want their details in public for fear of being undermined by competitors. If I
elaborated the details of a development deal, we could lose the project and I may not be trusted by
developers in the future.
Each council member, in their capacity on the various advisory committees, has the opportunity to be
on the inside track of the confidential content of their respective committee(s). They are also then
expected to be able to explain and discuss the content, once the projects are ready to be rolled out.
Other projects, such as when we were negotiating with Minnetrista for police services, the content
was also confidential but then at certain points in time the parties would agree to do a press release or
agreed to go back to their respective councils and do a public report of what could be reported at that
point in time.
Much of what we deal with is confidential. I'm sure in your business dealings, that is the same. in the
case of local government, there must be trust placed in the committee representatives and staff to
allow enough time to fully package up a project suited for public consumption.
There are other examples I know you have which I'm happy to discuss.
Mayor Wegscheid wishes to discuss workshops as a forum for discussion and keeping an even playing
field among staff and members of the City Council.
-9-
printed on recycled paper
• "'
DATE: February 17, 2015
TO: Mayor Wegscheid & Council Members
t
FROM: City Manager Kandis HansgA, 14,
r
SUBJ: Public Gathering Permits & Mound Fee Schedule
5341 MAYWOOD ROAD
MOUND, MN 55364 -1687
PH: (952) 472-0600
FAX: (952) 472 -0620
WEB: www.cityofmound.com
Public Gathering Permits & Corresponding Fee Schedule
The City Code and the corresponding Fee Schedule set the policies surrounding events. The fee is
generally $300 -600. There is also a large deposit requirement.
There is a great deal of admin staff time that goes into guiding the non - profit groups, when the
volunteers are always changing. Also, the groups are provided support by public works (cones,
barricades, other preparation and cleanup), the fire department (public relationss, bon fires and
other), and the police department (safety). These are actual demands and costs to the city of Mound
and also the Orono PD.
I am aware there is dissatisfaction surrounding the fees for events but while they are in our City Code,
we have the obligation to uphold the policies. The City Council is the legislative body and has the
power to change the policies and related fees.
If I may create a parallel example: Redevelopment is good for Mound, too, and staff devotes significant
time to developers when they are entertaining a project in Mound. In the case of one developer, he
spent more than a year of our time and then defaulted on what was to be a hotel project, leaving the
city with $18,000 in charges. Since that time, by policy we give developers $500 of time and after that
they are billed for it by way of a pre - established escrow account.
For the protection of the City, the approach for the last several years, which is also policy- based, is to
pass through the cost of services being received by an entity to that entity. Such would be the case for
a variance applicant for a garage on their personal property. They benefit so they pay the processing
costs.
My point is: All of the things we do at the city are for the benefit of the city but the general population
may not agree that we provide all of our services free. We view our positions as City Manager and
-10-
Sprenled on recyciedpaper
Finance Director as the gate- keepers of the tax payers' money. As their elected representatives,
Council Members may budget and spend as you jointly decide, representing the whole of the
population of Mound. The Council provides us, Catherine and Kandis, with that spending guideline, in
the form of a budget.
My offer: I have formulated a concept Council Members may want to consider that would constitute a
City Code amendment as it relates to Public Gathering Permits and possibly make their fees fair and
more palatable.
Catherine has other points she wants to make about City Code updates.
-11-
Chapter 50
PARKS AND RECREATION*
*State law reference — Authority to acquire, maintain, manage and regulate parks, Minn. Stars. §§
412.291, 412.51 l; parks generally, Minn. Stats. ch. 448.
ARTICLE I. IN GENERAL
Sees. 50- 1- 50 -18. Reserved.
ARTICLE II. PUBLIC CONDUCT IN PARKS
See. 50 -19. Hours of use.
To protect the peace and quiet of persons residing near public parks and to protect public
property froin vandalism, all public parks shall be closed to public use from 10:00 p.m. until 5:00
a.m. the next day. Public parks shall be open for public use from 5:00 a.m. until 10:00 p.tn. of
each day. Any person convicted of violating this section shall be guilty of a misdemeanor.
(Code 1987, § 615.01)
Sec. 50 -20. Public gatherings; permit required.
Use of a public park or commons by any group consisting of 15 or more individuals gathering
together or by any organization which brings 15 or more persons on to public lands to meet,
picnic, or conduct a group activity shall require a permit from the city. The city may issue said
permit if lie determines that the area to be used for said meeting or group activity is available and
that its collective use will not interfere with traffic and general use of the park or commons and
that said activity is not beyond the ability of the police in maintaining order. The city may impose
a permit fee and other reasonable conditions including a requirement that said group remove all
litter and trash and provide a cash deposit to clean up the park area, and he may obtain the advice
of the Police Chief and other staff personnel before issuing said permits. The city may deny said
permit or refer it to the City Council for consideration. Any permits issued by the city or the City
Council shall be subject to reasonable conditions to protect the public's investment in its public
parks and to protect the general public's use of the park and common areas.
(Code 1987, § 615.05)
<� ,
-12-
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364
PUBLIC GATHERING PERMIT
Use of a public park or commons by any group consisting of 15 or more individuals.
Use is not to interfere with traffic and general use of the park or commons or to be beyond the ability
of the police in maintaining order.
NO LIQUOR OR BEER MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS
Group is to remove all litter and trash and provide a deposit to insure cleaning up of the park area.
PERMIT FEE: $300 /DAY TO $600 /DAY*
DAMAGE DEPOSIT: $500 TO $1000 /DAY*
*Permit fee and damage deposit amount to be determined by City Manager and City Staff
upon receipt of application stating specific use and requirements.
Date(s) of Use
Area to be Used
Time Frame
Intended Use
Expected Attendance _
Organization
Representative's Name _
Address
Telephone No. Home:_
Drivers License Number
Departmental Approval
City Clerk
Police Dept.
Park Dept.
Fire Dept.
-13-
Chapter Meeting ana e
Meetings of city council are where the business of the city is conducted and
vital decisions for the city's future are made. Meetings are often also the
principal place where citizens interact with their governing body and form an
impression about their city. As a result, meeting management is one of the most
important components of a mayor's duties.
1® Role of the ay r in managing
meetings
Minn. scat. § 412.191, subd. 1.
The mayor of a statutory city is a member of the council, and has the same right
to vote and make and second motions at meetings as the other councihmembers.
Charter cities may have a different role for the mayor specified in their charter.
In addition to participating in meetings, mayors have two additional roles to
play. They preside over the meeting to facilitate discussion and they preserve
order.
A. Role of presiding officer
Minn. star. § 412.191, sand. 2.
The mayor is the presiding officer of the meeting. In the absence of the mayor,
Minn. Stat § 412.121.
the acting mayor must perform the duties of the mayor. The acting mayor is
sometimes also called the mayor pro -tern and is usually appointed by the
council.
See Section u- Bylaws :
Rules of procedure may vary from city to city, depending on the council's
policies on meetings
bylaw or policies. Typically, however, the presiding officer at a meeting is the
management.
person vested with the authority to:
see Minnesota Mayors
Association Sample City
Council Bylaws.
• Call a meeting to order and propose adjournment.
• Recognize and call upon speakers.
• Call for debate and vote on motions.
• Clarify or request clarifications of motions made by members.
• Rule motions out of order.
• Interpret and enforce any meeting management policies, bylaws, or rules of
procedure.
• Call members to order if they disregard rules of procedure or decorum for
the meeting.
d Minntsom
M yon
14- z1
Auocivior.
See Minnesota Mayors
Association Sample City
Council Bylaws.
See Minnesota Mayors
Association Sample Rules of
Order for City Councils.
Minn. Sort. § 412.191, subd. 2.
See Minnesota Mayors
Association Sample City
Council Bylaws.
See Section 111 -A and TV-D.
Minn. Stat. § 412.191, aural. 2.
See Minnesota Mayors
Association Sample City
Council Bylaws.
As the presiding officer, the mayor has a great deal of control and influence
over how a meeting progresses —for example, who is heard and not heard and
which topics are brought forward for discussion. However, this power is often
not absolute. Most rules of order provide some method for members of the
council to question the presiding officer's decisions and, on some occasions, to
overrule them by a vote.
Because presiding officers have such influence over the meeting, most council
bylaws or rules of order emphasize that presiding officers should strive to be
fair and impartial. This often means listening more than speaking —even on
contentious issues —and allowing councilmembers with opposing viewpoints to
each have an opportunity to speak. A fair and impartial presiding officer
protects the rights of all members to participate in the meeting.
1. Role in preserving order
A statutory city council is authorized to preserve order at its meetings. The
mayor, as the presiding officer, is also vested with some authority to prevent
disturbances.
City bylaws may vary from city to city. Typically, however, the presiding
officer at a meeting is the person vested with the authority to preserve order by:
a Following the council's approved agenda and limiting discussion to current
agenda items.
® Ruling on questions of procedure and entertaining appeals to rulings.
® Calling members of the council or public to order if they are being unruly
or disruptive.
® Declaring meetings recessed or adjourned if they become too unruly.
• Requesting the removal of unruly or disruptive persons from the meeting
room. The mayor may request the assistance of law enforcement if unruly
persons refuse to depart the meeting rooms.
a. policies ! •
r
management
A statutory city council has the power to regulate its own procedures. Home
rule charter cities may have similar provisions in their charters. Councils often
regulate their procedures through the formal adoption of bylaws. Councils are
not required to adopt bylaws for meeting management, but they are highly
recommended for the following reasons:
Rules set common values and expectations for interactions among
councilmembers.
Minnesota -1rJ-
Asso�c,.mm. 22
• Rules can provide structure to a meeting, promoting timeliness and
efficiency.
• Rules can help resolve conflicts in a positive way that promotes the best
interests of the city, rather than allowing conflicts to grow, potentially
disrupting city operations and slowing vital council decisions.
Many cities have adopted Robert's Rules of Order as a component of their
bylaws. There is no legal requirement to use Robert's Rules, but it is common
practice. Using Robert's Rules of Order has benefits and drawbacks for a city.
Some of the benefits of using Robert's Rules are:
• They are familiar to many people who attend council meetings, including
councilmembers, citizens, and others.
• They are readily available in many guides in various formats.
• They promote a level of formality, which some believe encourages
courteous discourse.
There are, however, disadvantages to adopting Robert's Rules in its entirety to
govern procedure at council meetings. Some of the disadvantages of using
Robert's Rules are:
They were not crafted with Minnesota law in mind and sometimes diverge
from legal requirements for Minnesota cities.
They were crafted to govern large bodies of assembly (such as a
parliament), and are sometimes unwieldy for smaller bodies.
® While shorter condensed versions of Robert's Rules exists, typical volumes
of the rules are 200 pages or longer. This can be difficult for new members
to learn. Councilmembers who are unfamiliar with the intricacies of
Robert's Rules may feel silenced by their unfamiliarity with technical
points or outmaneuvered by councilmembers who are more familiar with
the rules.
See Minnesota Mayors For these reasons, city councils may prefer to adopt a more simplified policy
Association sample Rules of than Robert's Rules. Several other models exist, or the council can draft its own
Order for City Councils.
policy to fit the organization and desired level of formality. Sample council
bylaws and rules of order are in the appendices of this handbook.
Whatever policy the council adopts, it should follow it. Although the council
can vote to change or suspend its rules, it is probably better to stick with the
adopted rules except on rare occasions.
Ill. Meeting decorum
Meeting decorum may be an aspect of the city council's bylaws or it may be a
separate set of expectations and rules that may or may not be formally adopted
in written form. Decorum is more easily enforced, however, when expectations
are written.
® Minnaom _16_
Mayon 23
Awcuatior
r
See Minnesota Mayors:'
Association Sample City
Council Bylaws.
See Minnesota M1
Association Stan
Council Bylaws.
A. Typical decorum requirements
Typical rules of decorum require councilmembers to:
• Refrain from private conversation while in the council chamber that
interrupts the proceedings of the council.
• Refrain from the use of offensive words, threats of violence, or other
objectionable language in or against the council or against any member.
• Limit speech to subject of current debate.
• Abide by time limits for speaking.
More modern policies on decorum may also emphasize:
• Refraining from the use of cell phones or other personal electronic devices
during meetings. In addition to being a decorum problem, this may also
create problems under the Open Meeting Law.
• Allowing the use of cameras, video, and other recording devices, but
requiring them to be used in an unobtrusive manner that does not disrupt or
delay the meeting.
Rules of decorum are often also established to govern the conduct of the public
when participating in meetings.
Council meetings on important community issues may become contentious very
quickly. Establishing rules of decorum before a controversy arises can prevent
meetings from becoming unproductive due to conflict. On occasion, however,
members of the council may not follow the rules. On these occasions, the
mayor's role as the meeting's presiding officer is particularly important.
Bylaws may vary from city to city. Generally, however, when councilmembers
violate rules of order and decorum, the presiding officer is authorized to:
• Not recognize a breaching councilmember's request to speak, limiting their
role in debate until decorum is observed.
• Declare the councilmember's actions out of order.
• Order removal from the council chambers by law enforcement until the
councilmember agrees to abide by council rules of decorum.
Minnesota -17-
Marat 24
Amociatior.
In addition, if provided in the council's policy, generally any councilmember
(including the mayor), may make a motion to censure a councilmember for
conduct that breaches decorum. A censure often takes the form of a resolution
adopted by council vote noting the councilmember's conduct and expressing
disapproval of such conduct.
Minn. stat. § 509.72. State law also prohibits persons, including councilmembers, from disturbing
public meetings, through fighting or threatening words and conduct.
Councilmembers who engage in this unlawful conduct may be charged with a
misdemeanor.
IV. Citizen input and audience
participation in council meetings
Audience members do not normally have a right to take an active part in the
council's discussion at a meeting. Only the council can make motions and vote
at a council meeting. Audience members may not speak unless they have been
recognized by the presiding officer.
A. Forums for public comment
see Minnesota Mayors Many city councils schedule a portion of each council meeting for public
Association sample city comment. These are often referred to as "open forums " During this part of the
Council Bylaws.
meeting, the presiding officer will recognize members of the audience to speak
See section W-C. briefly on topics that concern them. These forams are different from formal
public hearings required by law on specific issues.
It is a good idea to have a policy in place related to city responses to citizen
input at meetings. Often it is a good idea to not respond immediately or to take
direct action in response to citizen requests. Instead, the city should adopt a
policy that refers most citizen comments or requests to city staff for further
research and a written report back to council. This allows the city the
opportunity to gather all the facts and make a measured and fair response.
While many councils recognize the value of citizen input, citizen comment can
negatively affect meeting efficiency if not managed. For example, if a large
number of audience members wish to speak, the meeting may not progress
efficiently. Likewise, if one person spends a long time expressing his or her
view, others may not get the opportunity to present their views. The following
sections discuss ways to address some of these problems.
Mirarmrs ta '1.8- 25
! Mayo
Associaricc
Limiting time
Some councils have addressed this problem by placing a limit on the amount of
time audience members are allowed to speak at a meeting. For example, the
council may ask people to limit their remarks to no more than three minutes or
allow only a specified amount of time for the whole comment period. Time
limits should be adopted in a policy and applied equally and neutrally to all
members of the public.
2. Limiting topic
Another option may be to limit the scope of comments to those matters being
addressed by the council at the specific meeting. While this may be a way to
focus the meeting on the matters being addressed by the council, it might also
keep people from making the council aware of any new issues. Cities
considering this approach may want to consider other ways for people to bring
up other topics. Limits on topic should also be adopted in a policy and applied
equally and neutrally to all members of the public.
As a third alternative, cities may choose to adopt policies that require advance
notice of a person's desire to address council. The notice usually must be
submitted in writing a few days before the actual meeting. The specific topic
and the speaker's name are then put on the agenda. Such procedures are helpful
in allowing the council to plan an efficient meeting. It also helps to remind the
speaker that he or she may only address those issues listed on the notice.
Minn. scat. § 412.191, subd.2. A statutory city council is authorized to preserve order at its meetings. The
mayor, as the presiding officer, is also vested with some authority to prevent
disturbances. Home rule charter cities may have similar provisions in their
charters.
While council meetings must be open to the public, no one has the right to
disrupt the council proceedings. When the council decides that a disorderly
person should not remain in the meeting hall, the police may be called to
execute the orders of the presiding officer or the council.
If the audience becomes so disorderly that it is impossible to carry on a
meeting, the mayor has the right and duty to declare the council meeting
temporarily recessed or adjourned to some other time (and place, if necessary).
The members of the council can also move for adjournment.
If the mayor is not conducting the meeting in an orderly fashion, there is
relatively little the other councilmembers can do to control the action of the
presiding officer. However, a majority of the council can force adjournment
whenever the councilmembers feel it is necessary.
Mayas -19- 26
Assoaati=
Minnesota
Mayors "22" 29
Assocanon
1. Records retention
Minn. Stat. § 15.12
Records that public officers are required to keep, and those that are necessary
Minn. scat. § 138.225.
and appropriate to the proper discharge of the duties of an office, are
Minn. Start. §§ 138.161 -21.
government records. It is a crime to destroy such records without statutory
authority.
To get a copy of the General
The state has adopted a general schedule for the retention and destruction of a
Records Retention Schedule,
"Records
variety of city records. This is commonly known as the "Records Retention
see Retention Data
at www.mcfoa.org or contact
Schedule." Cities that have adopted the general schedule have continuing
the Research Depamnent of the
authority to destroy listed records after keeping them for the prescribed time. A
League of Minnesota Cities
(651 -281 -1220 or 1- 800 -925
city must not destroy any government records that are not on the schedule
1122).
without specific authorization from the State Records Disposition Panel.
20 Meeting minutes
Minn. Stat. § 412.151, safe. 1.
A statutory city clerk must keep a minute book of all city council meetings.
Whalen v. Minneapolis special
Generally the clerk has wide discretion as to how to keep the minutes. A
Sch Dist. No,
n(Mur
verbatim record of everything that was said is not normally required. However,
2 44
292, 245 N.W.2d 440 (Minn.
292,
1976),
the law does require that the following be included in the minutes:
Minn. Stat. § 13D.01, said. 4.
® The members of the public body who are present.
Minn. Stet. § 331A.01, subd. 6.
Minn. Stat § 15.17, subd. 1.
Minn. Stat. § 412.151, subd. I.
e The members who make or second motions.
Minn. Star. § 412.191, subd. 3.
Minn. Star. § 331 A.01, subd. 6.
Minn. Star. § 331A.01, subd. 6.
o Roll call vote on motions.
Minn. Stat. § 412.151, subd. 1.
Minn. Slat. § 412.191, subd. 3-
Minn. star. § 331A.01, subd. 6.
o Subject matter of proposed resolutions or ordinances.
Minn. Star. § 412.151, subd. I.
Minn. Scat. § 331A.01, subd. 6.
o Whether the resolutions or ordinances are defeated or adopted.
Minn. Start. § 412.191, subd. 3.
Minn. Stat. § 13D.01, subd. 4,
a The votes of each member, including the mayor. /
Minn. Start. § 331A.01, subd. 6.
Minn. Seat. § 412.151, subd. 1.
Mina Stet. § 412.191, subd. 3.
Home rule charter cities may have additional requirements in the charter.
Swanson v. Chy of
Although not generally required by statute, several court decisions suggest that
Bloomington, 421 N.w.2d 307
including certain information in the minutes can help to defend a city's actions
(Minn. 1988).
should a lawsuit occur. The following types of data are examples of information
Dietz v. Dodge county, 487
N.w.2d 237 (Minn. 1992).
that should be included in the minutes:
• Findings offact. Case law requires them for land use decisions and some
personnel decisions.
• The council's conclusions. Case law requires them for land use decisions
and some personnel decisions.
Minnesota
Mayors "22" 29
Assocanon
® The specific reasons behind the council's conclusions. Examples would
include such things as the economical, social, political, or safety factors that
were considered when the council made a particular decision.
Muw. scat. 9 412.1 sl, suba. 1. • Signature of clerk and mayor. Because minutes would likely be considered
official papers of the city, they should be signed by the clerk. And although
the law does not require it, in many cities the mayor also signs the minutes
after they are approved by the council.
3. Adequate records and defending city decisions
City councils make two types of decisions — legislative decisions and quasi -
judicial decisions. A typical legislative decision a council makes is to adopt an
ordinance. Legislative decisions are made when the city exercises its general
lawmaking authority in a broad manner that applies city -wide.
In contrast, quasi-judicial decisions involve applying standards found in an
ordinance or policy to individuals. A typical quasi-judicial decision a council
makes is to grant or deny a landowners request for a zoning conditional use
permit. Quasi-judicial decisions are made when the city exercises its authority
over individuals to grant or deny their specific applications for privileges under
existing city ordinance.
Both legislative and quasi-judicial decisions of the council may result in
lawsuits against the city. When a reviewing court examines a city's decisions, it
applies different standards of review to legislative decisions and quasi-judicial
decisions.
a. Court review of legislative decisions
Swanson v. Cry of When reviewing a city's legislative actions, the court looks to see whether the
(Minn. vfn988) azl N.wad 3m actions were constitutional, rational, and in some way related to protecting the
(Min 1988).
health, safety, and welfare of the public. This is known as the "rational basis
standard," and it is a standard that is generally not difficult for cities to meet.
The court may not always agree with a city council's decisions, but it will not
substitute its judgment for that of the city council if the council can establish
through an adequate record that its actions met the rational basis standard.
b. Court review of quasi- judicial decisions
Northwestern College v. Co), of In quasi-judicial situations, a reviewing court will more closely scrutinize the
Mn F sl Nw.za ses
( Minn. 1979). city's decision to determine whether they city has provided a legally and
factually sufficient basis for its decision in an adequate record. This is
especially true in the area of land use regulation such as zoning and subdivision.
In quasi - judicial situations, due process and equal protection are the main
reasons for the more stringent scrutiny. Due process and equal protection under
the law demand that similar applicants must be treated uniformly by the city. A
reviewing court will overrule a quasi-judicial city decision if it determines that
the decision was arbitrary (failed to treat equally situated applicants equally or
failed to follow ordinance requirements).
® Minnesota --23- M'Y°R 30
Ass..6or
C. Role of records in building the city's case
swmison ,. city of The public record is being increasingly reviewed by the courts to determine
Bloonungtoir, 421 N.W.2d 307 whether the city's action involved a reasonable means to a legal end. The law
(Minn. 7968).
provides that cities have considerable discretion in developing plans, setting
standards, and deciding applications. The public record, as a whole, must
demonstrate that the city acted reasonably in enforcing its plans, standards, and
regulations. It does not matter that the city acted reasonably if it is unable to
prove its actions through the public record.
In reviewing the public record, courts look primarily to a city council's findings
of fact. A city council must apply the facts to the law and find reasons upon
which to base its decision. The reasons or rationale are referred to as findings of
fact and need to be an adequate factual basis in the public record to support the
council's decision. Inadequate findings may result in a reversal of the council's
decision.
B. Mayor's rote in building an adequate
record
As the presiding officer at city meetings, the mayor can be essential to ensuring
that an adequate record protects the city's decisions from being overruled by a
court. Key ways to build a complete record include:
• Following rules of procedure that require formal motions for all council
actions.
• Restating motions clearly for the minute taker prior to opening debate and
voting.
• Announcing the vote clearly on city motions.
• Requesting that complex motions and all resolutions, findings of fact, and
conclusions of law be reduced to written form.
• Allowing adequate time for public comment and participation at public
hearings.
The mayor is not alone, of course, in working to build an adequate record.
However, as presiding officer, the mayor can certainly provide necessary
leadership to ensure that this important work for the city is accomplished.
Minnmm rn�
Mayors -G4 31
Assocunor,
645.15 - 2014 Minnesota Statutes Page I of I
2014 Minnesota Statutes A uthe nticate
645.15 COMPUTATION OF TIME.
V,'Jhrie d c per1w rmj�cr or lVri—,,A'ajw pct. duty. maite!% payment. or thing is oiderd or
and the poi iod of lime or duration Ibi, the performance ()I doing thereof is
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QQ-Pmrlamt c 2014 by the Revisor of Statutes, State of lvimnesota. All rights reserved.
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Jbiwoelewol IRSO Fb AT
CITY OF MOUND Slt C Co 02/04/15 4:01 PM
Payments Page 1
Current Period: Closing 2014
Batch Name 2014CITY-AP7 User Dollar Amt $22,323.58
Payments Computer Dollar Amt $22,323.58
$0.00 In Balance
Refer 1 COLOTTI, JOHNA.
AP Payment E 609-49750-331 Use of personal auto
REIMB MILEAGE -J. COLOTTI- CITY
$273.28
BUSINESS MTGS, TRADE EVENTS, MMBA,
CITY HALL TRIPS 2014
Invoice 02062015 2/2/2015
AP Payment E 609-49750-430 Miscellaneous
REIMB J. COLOTTI CARBONE'S PIZZA FOR
$73.00
STAFF THANKSGIVING EVE
Invoice 02062015 2/2/2015
AP Payment E 609-49750-430 Miscellaneous
REIMB J. COLOTTI CARBONE'S PIZZA FOR
$30.05
STAFF NEWS YEAR EVE
Invoice 02062015 2/2/2015
Transaction Date 2/3/2015 Due 12/31/2014 Accounts Payable 20200 Total
_ $376.33
Refer 2 FIVE TECHNOLOGY
AP Payment E 101-41920-440 Other Contractual Servic MONTHLY SVC & NETWORK MTCE- NOV
$1,800.00
2014
Invoice 130003 11/1/2014
Transaction Date 2/3/2015 Due 12/31/2014
Accounts Payable 20200 Total
$1,800.00
Refer 7 HENNEPIN COUNTY PROPERTY T
AP Payment E 375-47200-300 Professional Srvs
HENN CO. TIF ADMIN FEES 2014 TIF 1-3
$717.69
Invoice 85-2015-1 1/2/2015
AP Payment E 355-47000-300 Professional Srvs
HENN CO. TIF ADMIN FEES 2014 TIF 1-2
$590.00
Invoice 85-2015-1 1/2/2015
AP Payment E 355-46384-300 Professional Srvs
HENN CO. TIF ADMIN FEES 2014 TIF 1-2
$888.38
Invoice 85-2015-1 1/2/2015
Transaction Date 2/4/2015 Due 12/31/2014
Accounts Payable 20200 Total
52,196.07
Refer 3 KLM ENGINEERING, INCORPORAT
AP Payment E 601-49400-500 Capital Outlay FA
ELECTRIC WATER TOWER STAND MIXER &
$15,000.00
INSTALLATION - ISLAND PARK
Invoice 5517 1/16/2015 PO 24315
Transaction Date 2/3/2015 Due 12/31/2014
Accounts Payable 20200 Total
$15,000.00
Refer 6 MOUND, CITY OF
AP Payment E 609-49750-382 Water Utilities
WATER SERVICE 12-1-14 THRU 1-2-15 HWS
$52.27
Invoice 020615 1/20/2015
Transaction Date 2/3/2015 Due 12/31/2014
Accounts Payable 20200 Total
$52.27
Refer 4 MP&G MARKETING SOLUTIONS, L
_...
AP Payment E 101-42400-300 Professional Srvs
DEVELOPER BROCHURE-PYMT41-
$2,000.00
RESEARCH, CREATIVE BRIEF, PHOTO
SOURCING, CLIENT COMMUNICATIONS
Invoice 02062015 1/29/2015
Transaction Date 2/3/2015 Due 12/31/2014 Accounts Payable 20200 Total
$2,000.00
Refer 5 VILLAS LOST LAKE HOMEOWNER
AP Payment E 281-45210-381 Electric Utilities
2014 VILLA DOCKS ELECTRICITY
$721.31
Invoice 020615 1/28/2015
AP Payment E 281-45210-430 Miscellaneous 2014 VILLA DOCKS WATER
$177.60
Invoice 020615 1/28/2015
-264-
A NWA.. 01&�� FT F6
20'! 2 2015 % -
'Account Number Description Actua? AC': �, , Requested Chang..
! 5i. d �i
101-43100-500 Capital Outlay FA 133,859' 129,329 153,570 74,750; -51.33°/
880,292 -4
189,104
10,000
19,000
14,435
17,909
35,160
1,654
39
3,900_
861
101-45200-151
Total
906,336
872,711
926,355
Parks
_ .
101-45200-200
Payroll Related
y ..
Office Supplies
277,892'
270r22
101-45200-101
F T ErnP I Regular
g
151032,
147,099
186,611
101-45200-102
F T Em I Overtime
p
5,003;
7,178
10,000:
101-45200-103
Part -Time EE$35K Gross) )
8 317:
8,080•
19,000
101-45200-112
Com Time Pa
P... Y
_
3,779!
5 450
550:
4,000
1 0 1-45200-1 1 3
Vacation Pay
. __. Y_ _
8 933•:
8 982-
12,500
101-45200-114
Holida Pa
Y- Y
_.
7,585'
8 234
8
3,847:
101-45200-115
Sick Pay -
5,607,
9 16;
-
101 45200 116
Severance Pay -
14,735
101-45200-221
-
10145200121
PERA
13 345;
13,333
-
14 254;
10145200-122
FICA
13 262:
15 443'
:
17,718;
:101 45200-131
Em to er Paid Health
__p Y
7 '
27,372
29,674:
32,288
101-45200 133
Employer Paid Dental
1,524;
1597
1,669:
101-45200-134
Employer Paid Life
37..
_
33:
.
38.
101-452,00-135
Employer Health Care Saving PI
7,184'
4,535
3,900
101-45200-137
LTD
814
724
752
101-45200-140
_._
Unemployment Comp
-.
1 630
_
880,292 -4
189,104
10,000
19,000
14,435
17,909
35,160
1,654
39
3,900_
861
101-45200-151
Workers Com Insurance Prem
P
9,362.
9114'
12,320
11,380
_ .
101-45200-200
Payroll Related
y ..
Office Supplies
277,892'
270r22
298,552
3Q3,44k
101-45200-202
Duplicating and copying supply
29:
306
41
91
1,300
200
101-45200-205
Computer Hardware/Software-
-.
375
400
200
101-45200-210
Operating Supplies
3,759
6,742
-
4,000:
550:
4,000
101-45200-212
Motor Fuels
12,38.8
10,432
12,500
12,500:
101-45200-218
Clothingand Uniforms
4,344
8
3,847:
4,000
4,000.
101-45200-220
Re air/Maint Su I
p PP Y
9,721,
5,850
5 500;
6,500
101-45200-221
Equipment Parts
2,257
6,878
5,500:
5,500
101-45200-223
Building Repair Supplies
182
835'
5,000:
1,000
10145200-232
Landsca e Material
P
'7, 143:17
264
12,000
12,000
101-45200 300
Professional Srvs
1,755
3,914
500
500
101 45200-305
Medical Services
40
694
500
500
101 45200-321
Telephone & Cells
P
-.
4,580-
-
2,763
4,020
4,020
10145200-322
Postage
87
439z
200;
200
101 45200 328
_ ..
Employment Advertisin
9
-'
576:
305
300
101-45200-351
- -
_ ._
Legal Notices Publishing
-
142:.
100
300
101 45200 361
_....
General Liabilit Ins
.. y.
3,554
3,574
3,700
100:
3,800
101-45200-381
Electric Utilities
1,991
1,845:
3 000•
-2,'0-0 -0
101 45200 383
Gas Utilities
4,670'
5,556
6,66b
7 000
101 45200 384
Refuse/Garba ge Disposal
,.
,82
5 500
2,700
101 45200-400
Repairs & lVarntenance
1,526:
12,267
25,800:
18,000
101 45200 404
Machine /E ui Rc
rY__. q P Pairs/Mainf
5,397;
_._
4,028;
11,800
7 500
101 45200 410
Rentals (GENERAL)
5,973;
6,630'
6 000;
6 000
101 45200 431
MeetingExpense
P ense
-Subscriptions
943'
290'
_9 50
000
101 45200-433
Dues and
655
..
(g0)
600:
300
101-45200-434
Conference & Training 9
2448;
847::
1,500
1 500:
101 45200-438
__. _
Licenses and Taxes
_.
1 7.8.8
.. .20
_..
600
600
101 45200-440
Other Contractual Services
-
3 522;
9,318
1,b00;
Z666
101-45200-500
Capital Outlay FA
32 533
59,735.
23,988'
32,350 34.86%
101 45200-525
Other Capital Improvements
12,210:
101-45200-533
Tree Removal
19,512
14,106
28,000
28,000
101-45200-534
Tree Planting
-
Total
456,958
450,942
472,810
467.761 -1.07%
3:\RNANCE DEPTIBUDGET120151Budget Working File12015-BUDGE" COMBINED Working FileAs 101aEXF
_PF_