07-11-01 Worksession
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Study Session
July 11, 2001
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 5:30 p.m.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger;
and Sue Sandahl.
Staff Present:Samantha Orduno, City Manager;Steven Devich, Administrative
Services Director; Cheryl Krumholz, Recording Secretary; and Corrine
Thomson, City Attorney.
Item # 1DISCUSSION OF CITY COUNCIL MEETING PROTOCOLS
City Manager Orduno stated that the purpose of the Study Session was to discuss
several issues related to City Council protocol and other City procedures. The result of the
discussions should be that everyone and everything is handled the same.
The following items were discussed:
Council Meeting Day and Time
City Manager Orduno suggested that changing the Regular City Council meetings to
Tuesdays would provide an additional day to prepare for meetings. She also said this would
eliminate the conflict with the School District which meets on Mondays.
City Manager Orduno suggested an earlier start time for the Council meetings. She
said several metro cities have changed their meeting time to 6:00 or 6:30 p.m. because it
involves fewer nighttime hours.
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Council Member Sandahl said she liked the change to Tuesday at 6:30 p.m. because
she had received complaints about the conflict with school board meetings.
Council Member Rosenberg said she would like the change because it gives
additional time to talk with constituents.
Council Member Enger said he liked Tuesdays because it allowed longer weekends,
but said the earlier start doesn’t work well.
Council Member Ulrich said she was unhappy with the change because she had
rearranged her schedule to accommodate Monday night Council meetings. She said she
would support what the majority of the Council decides.
Mayor Kirsch said the change in date and time didn’t work well for him, but he would
support the majority’s decision.
The Council directed the City Manager to prepare an ordinance amendment moving
the regular City Council meeting to the second and fourth Tuesday of each month at 6:30
p.m. The new day and time would be implemented January, 2002.
Order of Council Business and Public Comment
City Manager Orduno reviewed the structure and purpose of the “Opportunity to
Address” section of the Council meeting. She said the purpose of open forums (citizen
comment periods) is to obtain information, provide clarification on policy issues and to
determine if an issue needs further discussion and should be placed on a future agenda.
She said the current use of the citizen comment period has been used as an election
campaign forum and to personally attack Council Members.
City Manager Orduno also reviewed how other cities handle the citizen comment
periods, including pre-registration and no cable televising.
Mayor Kirsch asked how the Opportunity to Address was initiated.
Council Member Ulrich said she was an original supporter of this comment period
when it was initiated many years ago because she believed it was a way to hear from many
people with good ideas. She now believes the time is not used appropriately and supports
this period not being televised.
Council Member Rosenberg said she believes this comment period has become
disrespectful. She supports the time to be prior to a regular City Council meeting and non-
televised.
Council Member Sandahl said she agreed with the time being prior to the regular
meeting and non-televised, because it was not fair to have this discussion as part of the
regular meeting and have the scheduled agenda items wait.
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Mayor Kirsch said he supported the non-televising because of the appearance of
unfinished business when the Council did not engage in the discussion and it projects a
negative image.
Council Member Sandahl said the current Rules of Procedure and Decorum for the
City Council Meetings should be revised to reflect a three-minute time limit on remarks.
Council Member Enger suggested a 15-minute comment period at the beginning of
the meeting and a 15-minute period at the end. He said he supported the three-minute limit
per person and non-televising.
Council Member Sandahl said she supported the open forum at the end of a meeting
and non-televised only if pre-registered people were remaining to speak after the first 15
minute time limit.
Council Member Rosenberg suggested that people wishing to participate in the open
forum must pre-register.
Council Member Enger suggested using a registration card.
The Council directed the City Manager to revise the Rules of Procedure and Decorum
for City Council meetings to have the Open Forum to accept public comment non-cablecast
prior to a regular City Council meeting with a 15 minute total time limit and with a three
minute limit per speaker. The Open Forum will be from 7:00 – 7:15 p.m. effective as soon as
possible and continuing to January 1, 2002 at which time the Open Forum will be from 6:30 –
6:45 p.m. Speakers are to pre-register with the City Manager’s office by 4:00 p.m. on the
Monday of the Council meeting. There will be an additional 15 minute Open Forum, non-
cablecast, at the end of the City Council meeting only if there are remaining pre-registered
speakers from the first Open Forum.
City Manager Orduno said the changes would be publicized.
Documents Submitted at Council Meetings
City Manager Orduno said there are many times during City Council meetings when
material is presented by individuals, developers and groups and then removed so the City
has no way to review or recall the material. She suggested a policy protocol that requires
that any material presented to the City Council at a Council meeting becomes the property of
the City.
The City Council directed staff to prepare the City Manager’s suggested policy
protocol.
Annual Board and Commissions Joint Meetings
City Manager Orduno suggested the annual meeting with each Commission be
changed from a Study Session to during a regular City Council meeting. She said this would
make more Study Session time available for other issues and provide good publicity for
Boards and Commissions to assist in the recruitment of members.
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The Council agreed to change the annual meetings with the commissions to a regular
City Council meeting.
Council Discussion Prior to Voting
City Manager Orduno said she had received phone calls from people who expressed
an appreciation for Council Members discussing their rationale for voting as they do on a
given agenda item. She suggested a Council protocol that encourages each member to
voice his or her position on an issue prior to the official vote.
Council Member Ulrich supported the protocol suggestion, but expressed concern
about statements being used later in court. She cautioned Council Members to be
circumspent in what is said, especially when making personal statements or remarks.
Council Member Sandahl said that voicing a position is helpful for the public and
fellow Council Members.
City Attorney Thomson explained the legal perspective for the Council Members
voicing their position on an issue prior to the official vote. She said this should be an
encouraged not required protocol.
The City Council agreed to a Council protocol encouraging each Council Member to
voice their position on an issue prior to the official vote.
Staff Presentations of Staff Reports
City Manager Orduno suggested that she announce the staff reports and sometimes
provide a brief summary, but to discontinue the presentation of the staff report by staff. She
said it appeared to be a better approach to limit the staff presentation, but being available to
answer questions.
Council Member Ulrich agreed because the Council receives the agenda and staff
reports in advance so they should be familiar with the issues.
Council Member Rosenberg said this places more responsibility on the Council which
is where it belongs.
The Council agreed to the City Manager’s announcing the staff report and limiting
staff presentations to answering questions and providing clarifications as requested.
Items Not on the Agenda
City Manager Orduno suggested revising this section of the Rules of Procedure and
Decorum because, as it currently reads, items not on the agenda can be considered unless a
Council Member objects. She said spontaneous discussion is not always fruitful as the
appropriate staff and information may not be available.
Special Study Session Minutes-
5-July 11, 2001
The Council agreed to revise the Rules of Procedure and Decorum to indicate only an
extraordinary item will be added to the agenda.
Public Hearings
City Manager Orduno said that topics for required public hearings are clearly outlined
in Minnesota law. She said Richfield conducts public hearings on items not required by law
or Charter. She added that past practice has been to hold public hearings on all ordinances.
This is extremely costly, as each hearing requires a published notice in the newspaper. She
said the Council, at their discretion, could open issues up for discussion to the public on any
ordinance.
Council Member Ulrich agreed and said that as a past Charter Commission Member,
she believes the commission did not understand the public hearing and public meeting
process. The process is currently being reviewed by the commission so they become more
in line with the intent. She said she supported eliminating as many public hearings as
possible to move the process along and reduce costs.
Council Member Sandahl said that a public hearing should not be held if not required.
Council Member Enger asked for examples of when public hearings can be
eliminated.
City Attorney Thomson said zoning land use ordinances do require public hearings at
Planning Commission or City Council meetings, but Richfield does a hearing at both
meetings. A hearing is required by the Planning Commission; not required by the City
Council. She said no other ordinances; personnel code, park hours, etc., require public
hearings. She said that this doesn’t mean the public could not be heard at a meeting.
Mayor Kirsch said the law and Charter govern what requires a public hearing; there is
no need to go beyond that requirement.
Council Member Sandahl asked if other cities had the public hearing by the Planning
Commission or City Council.
City Attorney Thomson answered most cities have the hearing by the Planning
Commission. She said the Planning Commission gathers all the information to conduct the
public hearing before making their recommendation to the City Council.
Council Member Enger said the items brought to the City Council from the Planning
Commission and HRA public hearings can be listed on the agenda as discussions, but not
be published as public hearings.
Council Member Sandahl said the item could be open for the public to hear, not
necessarily to participate.
The Council agreed that the City Manager and City Attorney review City Council
agenda items to determine if a public hearing is needed based upon State law and the City
Charter.
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City Manager Orduno explained concerns raised when a public hearing is held and
the decision on the issue is made at that same meeting. She said the Council may want to
implement a protocol whereby public hearings are held, but the decision is made at the next
meeting.
Council Member Enger said taking the vote on the evening of the public hearing gives
people on the other side of the issue the impression that you’ve made up your mind prior to
the hearing. He said waiting another two weeks gives the public the idea they’ve been
listened to.
Council Member Rosenberg agreed with the perception of minds being made up prior
to the hearing.
Council Member Ulrich continued that waiting on the decision means people
(consultants, attorneys, etc.) need to come to the meeting again and that is very expensive.
She said it also looks like government proceeds slowly.
Council Member Sandahl said she understands both sides of the issue. She
suggested that to postpone all action not be made a protocol.
City Attorney Thomson cautioned the Council about postponing action and conflicting
with deadlines. She said there should also be concern about increased lobbying on an
issue.
The Council agreed the postponement of action at public hearings be based upon the
issue, but not be a protocol.
Study Session Protocols
Administrative Services Director Devich explained that recently purchased recording
equipment provides the capability to record the audio from the floor seating arrangement at
the Study Sessions.
The Council agreed to the audio recordings of Study Sessions and continuing the
informal seating arrangement.
Council Member Enger suggested that the seating arrangements be more
accommodating to the public when larger groups are making presentations to the Council.
Notice Publications and Communication Mechanisms
City Manager Orduno explained that practice has been to publish all special meeting
notices in the Sun Current which is very expensive. She suggested that meeting notices be
posted and publish only what’s required by law.
Council Member Rosenberg asked if it was necessary to post for neighborhood
meetings the Council may want to attend.
City Manager Orduno answered posting these types of meetings was a way to always
ensure the open meeting law was followed in the event a quorum is present. She said the
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City Council needs to notify the City Manager’s office of meetings when a quorum may be
present so a notice can be posted.
The City Council agreed to have meeting notices posted and only publish what is
required by law.
City Manager Orduno explained the current communication mechanisms used by the
City, specifically the S & I, airport grid and redevelopment grid. She suggested that the S & I
and the two grids be discontinued and replaced with a twice-monthly replacement for the City
Council and HRA. She said the information previously available in the S & I will be placed
on the City’s webpage with each department responsible for their own area.
The Council agreed to the twice-monthly communication piece for the City Council
and HRA.
Fees for Service Concept/Policy
City Manager Orduno said the “fee for service” policy is now in place in countless
cities in this nation and is a direct survival response to continued reductions in funding to
cities. The “act like a business” directive from the public has been enacted to put into
practice the concept of “if you use it, you pay for it.” That means citizens, developers,
groups, individuals, businesses and anyone else who desires a specialized or routine
service.
City Manager Orduno suggested charging a fee for agendas, agenda packets, copies,
faxes and mailing Your City to certain people. Currently, there is no consistency in the
charges for this information. She said annual subscriptions could be initiated for the items
routinely requested. The City’s website includes the agendas, staff report and Your City.
The Council agreed to charge citizens, developers, groups, individuals, businesses,
etc. who desire a specialized or routine service.
City Manager Orduno suggested the Council consider establishing a policy for
developers to pay all costs related to their development. These costs include all legal,
financial, engineering, infrastructure-related, communication and publication costs.
The Council agreed to have staff prepare a Fee For Service Policy for developers and
present the policy to Council for their review.
Use of City Facilities/Equipment/Staff
City Manager Orduno reported two incidents related to the use of City facilities,
equipment and City staff for public use. She suggested the Council consider a policy
regarding this practice.
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Council Member Ulrich said the City can not give any group or individual a special
privilege.
The Council agreed a policy regarding the publics’ use of City facilities, equipment
and City staff be prepared.
Rules of Decorum, Section 6, Subd. 2 Recognition
Council Member Sandahl suggested that Council Members remember to ask
permission of the Mayor to speak. She also said the public is to address the Mayor first.
Council Member Rosenberg said the same decorum and respect as in a courtroom
should be portrayed by the Council and public.
The Council agreed to address the Mayor first for permission to speak and to address
each other as Council Members not by first names. The public will also be addressed
formally.
Rules of Decorum, Section 5, Subd. 2 Abstention
Council Member Sandahl asked for clarification of the abstention protocol.
City Attorney Thomson explained the legal requirements related to abstaining from
voting. She said if there is a direct financial interest, it is appropriate to abstain. She said
the right to abstain is limited. She said a Council Member might want to abstain because of
a perceived impropriety, but that disclosure is necessary with the Council granting
permission to abstain.
Rules of Decorum Section 4, Subd. 5 Consent Agenda
Mayor Kirsch asked that when an item is to be removed from the consent calendar,
the request be made when he calls for approval of the agenda. He also asked that Council
notify the City Manager in advance when an item is to be removed from consent so
additional information can be gathered as needed.
Council Member Sandahl asked for clarification on the agenda placement of an item
removed from the consent calendar.
City Attorney Thomson said that it is the City Council’s discretion of where to place it
on the agenda.
Council Member Enger said he didn’t want people to wait any longer than necessary
for their item to come before the Council.
The Council agreed to delete the following portion from the Consent Agenda section
of the Rules of Procedure and Decorum: Any item removed from the consent calendar shall
become one of the regular agenda items of the meeting. and shall be taken up after the
consent calendar.
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Rules of Decorum Section 6, Subd. 10 Members of the Audience
Council Member Sandahl asked how the conduct of the audience could be controlled
in certain instances.
City Attorney Thomson suggested that the Mayor state the ground rules prior to
opening the discussion when a potentially contentious item is before the Council.
The Council requested the revised Rules of Decorum and Procedures for City Council
meetings be brought before the Council for their approval. When approved, a copy should
be placed in each City Council Member’s drawer at the dais for their reference.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 7:33 p.m.
Date Approved: _________________
Martin J. Kirsch
Mayor
Cheryl KrumholzSamantha Orduno
Recording SecretaryCity Manager