HomeMy WebLinkAbout09/08/2009 Council Packet•
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Tuesday, September 8, 2009
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5:30 p.m.
City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup
Acting Administrator Dan Tesch
➢ Call to Order and Roll Call
A)
Public Hearing and First Reading of Ordinance No. 06 -09,
Amending the City Charter to require that council meetings
be televised
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
BACKGROUND
AGENDA ITEM 1A
Julie Bartell, City Clerk
September 8, 2009
Public Hearing and 1st Reading of Ordinance
No. 06 -09, Amending Section 3.01 of the Home Rule
Charter to require that council meetings be televised
3/5
On July 13, 2009 the Lino Lakes Charter Commission submitted a charter amendment
and indicated that the amendment should be considered a proposal under Minnesota
Statutes, Section 410.12, Subd. 7, Amendment by ordinance. The proposal was
distributed to the council at their work session that evening, thus commencing the
statute defined schedule for consideration of this type of amendment.
Schedule: The following outlines what has transpired to this point and the schedule
that lies ahead; the schedule is based on statute requirements as well as the city
charter.
D The city was required to publish a public hearing notice on the amendment prior
to August 13). Based on council direction, a notice appeared in the city's official
newspaper on August 11.
> The public hearing is required to be held on or between the dates of August 25
and September 11. The council set the public hearing for Tuesday, September
8.
> Within one month of the public hearing (by October 8) the council must vote on
the proposed charter amendment ordinance (regular council meetings during
that period are on September 14th and 28th). Section 3.05 of the City Charter
establishes certain procedures on adoption of ordinances including a
requirement for two readings at least 14 days apart. The city attorney has
advised that the public hearing could be considered the first reading and that a
simple majority vote could approve the first reading. Since the second reading
must occur at least 14 days later, the September 14th council meeting is too
soon. Therefore, if first reading is approved, the ordinance will appear on the
September 28 council meeting agenda. Statute states that the ordinance is
enacted if it receives an affirmative vote of all members of the council.
> If the ordinance is enacted, there is a minimum 90 -day delay before the
amendment becomes effective during which a 60 -day period is allowed for
submission of a registered voter petition for referendum (thus commencing a
new process for ballot consideration).
Ordinance Text: The city received two legal opinions relative to the text of the
proposed amendment that questioned the clarity of the wording. As a result, the
council directed the city attorney to redraft the language for clarity for consideration by
the charter commission. The commission rejected the new language developed by the
city attorney and chose to keep the wording as they originally proposed. The
ordinance containing the text of the amendment is attached.
Implementation Questions: The council has asked for more information on both the
cost and logistics of implementing the amendment. Information is attached that
outlines three options for televising: utilizing the council chambers for all meetings;
rearranging the council chambers for certain meetings; or utilizing remote recording
equipment for meeting rooms other than the council chambers.
Since Metro Cable has indicated that they have a public access camcorder that they
would loan to the city, staff proposes to conduct a test by recording a meeting in the
community room.
ATTACHMENTS
1. Letter from Charter Commission proposing charter amendment
2. Minnesota Statutes, Section 410.12, Subd. 7
3. Options for Televising Council Meetings
3. Ordinance No. 06 -09, Amending the City Charter
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�`NG/NV SSco n 7 -13 -2_069
Lino Lakes Charter Commission
600 Town Center Parkway
Lino Lakes, MN 55014
Mayor Bergeson
600 Town Center Parkway
Lino Lakes, MN 55014
HAND DELIVERED
July 13, 2009
RECEIVED
JUL 1 3 2009
CITY OF LINO LAKES
Honorable Mayor Bergeson,
To increase Lino Lakes city information available to citizens and to promote transparency in our
local govemment, the Charter Commission voted on 7/9/09 to recommend that the City Council
adopt the following by Ordinance pursuant to Minnesota Statutes 410.12 Subd. 7.
The following amendment would be added to Charter 3, Section 3.01 of the City Charter.
'All regular open council meetings, the Open Mike portion, and council work sessions shall be
televised. Should the City Council determine it is necessary to exempt a given council meeting or
council work session from this procedure, they may do so by motion?
Cordially,
&-4/;(-(_
Caroline Dahl,
Chair Lino Lakes Charter Commission
cc: Council member Kati Gallup
Council member Jeff O'Donnell
Council member Jeff Reinert
Council member Dan Stoltz
City Clerk Julie Bartell
Acting City Administrator Dan Tesch
410.12, 2008 Minnesota Statutes Page 3 of 3
members after a public hearing upon two weeks' published notice containing the text of the
proposed amendment and shall be approved by the mayor and published as in the case of other
ordinances The council shall submit the proposed amendment to the people in the manner provided
in subdivision 4, but not sooner than three months after the passage of the ordinance The amendment
becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it
shall be filed in the same manner as other amendments.
Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city
council may enact a charter amendment by ordinance Within one month of receiving a
recommendation to amend the charter by ordinance, the city must publish notice of a public hearing
on the proposal and the notice must contain the text of the proposed amendment. The city council
must hold the public hearing on the proposed charter amendment at least two weeks but not more than
one month after the notice is published_ Within one month of the public hearing, the city council must
vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an
affirmative vote of all members of the city council and is approved by the mayor and published as in
the case of other ordinances An ordinance amending a city charter shall not become effective until 90
days after passage and publication or at such later date as is fixed in the ordinance Within 60 days
after passage and publication of such an ordinance, a petition requesting a referendum on the
ordinance may be filed with the city clerk. The petition must be signed by registered voters equal in
number to at least five percent of the registered voters in the city or 2,000, whichever is less. If the
requisite petition is filed within the prescribed period, the ordinance shall not become effective until it
is approved by the voters as in the case of charter amendments submitted by the charter commission,
the council, or by petition of the voters, except that the council may submit the ordinance at any
general or special election held at least 60 days after submission of the petition, or it may reconsider
its action in adopting the ordinance As far as practicable the requirements of subdivisions 1 to 3
apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing
of such ordinance when approved by the voters.
History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949
c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027s 3; 1973 c 503 s 1 -4; 1986 c 444; 1998 c
254 art 1 s 107; 1999 c 132 s 42; 2005 c 93 s 1; 2008 c 331 s 7
https : / /www.revisor.leg.state.mn.us /statutes / ?id= 410.12
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7/13/2009
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Options for Televising Council Meetings
The assumption from the wording of the charter amendment is that all regular open council
meetings (including the public comment /open mike portion) and all council work sessions will be
televised.
Most of the following information was obtained from the city's cable provider, North Metro
Cable. They noted that they have limited information to offer since no other cities in the North Metro
Cable area are televising any meetings outside of their council chamber facilities
Utilize the council chambers for all meetings
• Equipment is in place; technician services would be an additional cost ($12 per hour with a 3
hour minimum).
• Would displace other meetings (Park Board meets on the first Monday of the month)
• Live coverage possible
• Less formal atmosphere not an option
Rearrange the council chambers for less formal work sessions
• Maintains a less formal environment by not using the dais
• Equipment is in place; technician services would be an additional cost ($12 per hour with a 3
hour minimum).
• Audio would be a problem since microphones are on dais; would need to purchase a
microphone but sound may still not be good
• Live coverage possible
Continue to meet outside the council chambers for work sessions but televise the meetings through
use of remote equipment
• Quality is the biggest concern noted by cable television professionals — difficult to get good
audio, a single camera is very limiting, equipment will record for a limited time causing the need
to stop meetings to reset equipment
• Some equipment is available to loan from Metro Cable but there could be additional needs
(microphones)
• Producing a meeting with audio only is not an option; the cable company cannot accommodate;
also charter amendment contains the word "televised"
• The only way to go live would be through complex cabling to main system
• If not done by live feed, staff would have to deliver recordings to the cable station after each
meeting
ls` Reading:
Publication:
2nd Reading:
Effective:
Council Member
moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 06-09
AN ORDINANCE AMENDING THE CITY CHARTER TO REQUIRE
THAT COUNCIL MEETINGS BE TELEVISED
The City of Lino Lakes ordains that Section 3.01 of the Home Rule Charter be
amended as follows (added text underlined):
Section 1 Amendment of City Charter
Section 3.01. Council Meetings. The Council shall meet regularly at such times and
places as the Council shall designate by ordinance. The Mayor or any two members of
the Council may call special meetings of the Council upon at least twenty -four (24) hours
notice to each member, and such reasonable public notice as may be prescribed by
Council rule in compliance with the laws of Minnesota. The twenty -four (24) hours
notice shall not be required in an emergency. To the extent provided by law, all meetings
of the Council and its committees shall be public, and any citizen shall have access to the
minutes and records of the Council at all reasonable times During any of its public
meetings, the Council shall not prohibit, but may place reasonable restrictions upon
citizen's comments and questions.
All regular open council meetings, the Open Mike portion, and council work sessions
shall be televised. Should the City Council determine it is necessary to exempt a given
council meeting or council work session from this procedure, they may do so by motion.
Section 2 In Effect According to City Charter
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter.
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