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Home My WebLink About09-08-2009 Council Minutes SPECIALCOUNCIL MEETING September 8, 2009 APPROVED 2 CITY OF LINO LAKES 3 MINUTES 4 SPECIAL COUNCIL MEETING 5 6 DATE : September 8, 2009 7 TIME STARTED : 5:35 p.m. 8 TIME ENDED : 6:25 p.m. 9 MEMBERS PRESENT : Council Members Reinert, Stoltz, 10 Gallup, O'Donnell and Mayor Bergeson 11 MEMBERS ABSENT : none 12 13 Also Present: Acting City Administrator Dan Tesch; Community Development Director 14 Michael Grochala; Public Safety Director Dave Pecchia; Director of Finance Al Rolek; City 15 Planner Jeff Smyser; City Clerk Julie Bartell 16 Mayor Bergeson called the meeting to order at 5:35 p.m. in the Council Chambers at Lino 17 Lakes City Hall. 18 The only agenda item was consideration of Public Hearing and First Reading of Ordinance 19 No. 06-09, amending the City Charter to require that council meetings 20 be televised. 21 City Clerk Bartell explained that the charter amendment proposal before the council was 22 brought forward by the Lino Lakes Charter Commission on July 13. The amendment would 23 add language to Section 3.01 of the Lino Lakes City Charter requiring all regular open council 24 meetings, the Open Mike portion, and council work sessions to be televised. 25 The charter commission requested that the amendment be considered a proposal under 26 Minnesota Statutes, Section 410.12, Subd. 7 Amendment by Ordinance. That statute sets forth 27 a schedule for consideration that the city must follow. A public hearing notice is required 28 within one month of receiving the proposal (published on August 11), and a public hearing is 29 to be held between Aug 25 and Sept 11 (hearing being held tonight, Sept 8). Looking 30 forward, the council must vote on the proposal within one month of the public hearing 31 (October 8 deadline). The remainder of the schedule for consideration, including two readings 32 at least 14 days apart,was reviewed. It was noted that the city attorney had provided an 33 opinion and some changes clarifiying the text of the amendment, however, the charter 34 commission had rejected any change. Ms. Bartell also outlined information included in the 35 staff report on how the amendment could be implemented. 36 Charter Commissioner Connie Sutherland explained that the commission brought forward the 37 proposed amendment to promote transparency in local government. The verbage of the 38 amendment includes adding the "Open Mike"portion to the televised portion of the council 39 meeting. It will also require televising of the council work sessions to give citizens the 40 opportunity to see how the council discusses and reaches its decisions for the city. 41 Mayor Bergeson opened the public hearing. 1 SPECIALCOUNCIL MEETING September 8, 2009 APPROVED 42 Paul Tralle, 945 Evergreen Trail, supports the amendment adding that he would like to see all 43 the city's government groups, including the charter commission, be added to the requirement 44 (to be televised). 45 Pat Smith, 6922 West Shadow Lake Drive, stated that he is a former charter commission chair 46 person and he agrees with the concept of televising the charter commission meetings so the 47 public can view their activities as well. 48 There being no one else wishing to speak, Council Member O'Donnell moved to close the 49 public hearing. Council Member Reinert seconded the motion. Motion was adopted. 50 Council Member Reinert moved to approve first reading of the charter amendment ordinance. 51 The motion was seconded. 52 The council asked for more information on the attorney's work to clarify the amendment 53 language. 54 City Attorney Langel explained that he identified some language in the amendment (as 55 proposed by the commission)to be unnecessary or inaccurate. For example the amendment 56 identifies all "open" council meetings but all council meetings are open so there is no need for 57 that word. Additionally council work sessions are identified but council work sessions are 58 regular council meetings so they would be covered without being specifically identified. Also 59 the open mike portion wouldn't be included unless it is a part of the meeting. He prepared 60 language that he feels is clearer but it was rejected by the commission. 61 Commissioner Sutherland explained that the city code calls for the open mike portion to be a 62 part of the meeting and the commission feels it is important to identify that portion in 63 particular. The commission feels the language is clear and appropriate in that the charter itself 64 is written in"working man's language". They would like a guarantee, through the charter, 65 that the open mike portion will remain televised. In addition she explained that the 66 commission has discussed televising their meetings but she cannot speak on behalf of the 67 commission in approving any changes. 68 The city attorney stated that he is unaware as to whether or not open mike is included in the 69 city code as part of the regular meeting. If in fact it is, it would be unnecessary to include that 70 designation. The amendment could simply read"all council meetings will be televised". 71 Council members commented. There is concern that the council should not lose the ability to 72 have a less formal forum in which citizens can come forward; the formality of the council 73 chambers (where meetings can be televised) is less appropriate for some discussions. There is 74 obviously interest in seeing charter commission meetings televised also for transparency. 75 When asked about a process for making a change to the language, City Attorney Langel 76 explained that the amendment cannot be changed by the council, only by the commission. 77 The amendment is proposed to the section of the charter that deals with council process so it 78 isn't inappropriate to include it there and as well if the charter commission were to be added, 79 that language is appropriate to the charter document. If however the desire is to add advisory 80 groups appointed by the council (Planning &Zoning, Environmental, etc.)that would be 81 appropriate in the city code. 2 SPECIALCOUNCIL MEETING September 8,2009 APPROVED 82 Commissioner Sutherland suggested that supporting this amendment brought forward by the 83 commission would be a good first step in building a positive working relationship between the 84 council and the commission. 85 Charter Commissioner Kelly Gunderson explained the commission's recording process. 86 Since the commission has no budget left, they have been unable to continue the services of a 87 professional minute taker. She has been taking the minutes. Regarding the proposed charter 88 amendment, it is the matter at hand and it should be dealt with before proceeding discussion 89 on other things like requiring televising of other meetings. 90 Council comments: concern about following the process for changing rules of the city and 91 utilizing the charter(the constitution of the city) to make a legislative change more 92 appropriately done by ordinance or resolution; this is a good first step to working together 93 with the commission and the next step should be talking about how to include commission 94 meetings; some reservations when hearing that the text of the amendment is somewhat 95 flawed; the issue of transparency could be dealt with in other ways; can this be proposed as 96 an ordinance this evening? 97 Attorney Langel responded that the council could introduce and vote on an ordinance this 98 evening. 99 The council indicated that they would like to know if the commission would support a change 100 to the code in lieu of amending the charter. Commissioner Gunderson replied that it isn't 101 possible to speak on behalf of the commission; if the council wants feedback, they should 102 make an official request for consideration by the commission. 103 A council member directed Acting Administrator Tesch to attempt to set up a joint meeting 104 with the charter commission before second reading of the amendment, to allow for discussion 105 of a change. While the amendment process must proceed, a second track to find an ordinance 106 solution can proceed. 107 On the motion to approve first reading of the ordinance, the motion was approved on a voice 108 vote. 109 The meeting was adjourned at 6:25 p.m. 110 These minutes were considered, corrected and approved at the regular Council meeting held on 111 September 28, 2009. 112 113 C". 6/2F.4-111.464.4---;Th P6eltrY).‘2 114 City ClerklJulianne Ba ell John :ergeson, Mayor 3