05/30/2001 Env Bd Packet - Laserfiche WebLink

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Minn. Stat. §§ 412.191. Subd. 3 and 331A.10, subd. 6. Minn. Stat. § 471.705, subd. 1. Minn. Stat. § 412.151, subd. 1. Metro 500, Inc. v. City of Brooklyn Park, 279 Minn. 294, 211 N.W.2d 238 (1973); Inland Constr. Co. v. City of Bloomington, 292 Minn. 379, 195 N.W.2d 588 (1972). Bank of America v. City of st. Paul, No. C7 -97 -1073 (Minn. App. Feb. 17, 1998), pet. For rev. denied (Minn. Apr. 30, 1998). HANDBOOK FOR MINNESOTA CITIES Content of council minutes The clerk should include the following information in the minutes: • The time and place of the meeting; • The members present • A summary of all decisions made by the council, including a copy of each motion exactly as stated, whether or not the motion had a second and if the motion was seconded, whether or not the council adopted it, and the names of the people who made and seconded the motion; and, • The names of the councilmembers and the mayor who voted either for or against each motion. Ordinances, resolutions, and claims considered by the city 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. Making an adequate record It is very important to make an adequate record of council decisions and of the factual information members base their decisions on Minutes are the primary record of the decision - making process and are critical if council actions become subject to judicial review. Council actions are classified as either legislative or administrative in nature. The establishment of general policies and procedures is legislative and is subject to limited judicial review. Courts typically will not substitute their judgment for a council's judgment. Administrative or quasi-judicial actions involve the application of a general policy to a specific person or situation. Administrative actions are subject to greater judicial scrutiny and will be set aside if arbitrary, unreasonable, or capricious. Therefore, it is important for the council to develop an accurate record and findings. For example, in order for a court to meaningfully review council actions, the minutes must clearly and precisely state the council's finding 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 aid in judicial review. The fmdings are part of the record. When a court reviews council proceedings, they will rely on the records the city kept, not on the records it might have maintained. 162