HomeMy WebLinkAbout2012-04-18 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION
PREPARED BY
Administration
COUNCIL
MEETING/ly
DATE 04/ /2012
ORIGINATING DEPARTMENT
AGENDA
.;
Ryan Schroeder
STAFF AUTHOR
COUNCIL ACTION REQUEST
1. Consider passing an ordinance removing reference to a specific time limit during Open
Forum in the City Code. 2. Consider adopting a resolution authorizing publication of the
ordinance by title and summary. 3. Consider adopting a resolution adopting Open Forum and
Public Hearings policies.
STAFF RECOMMENDATION
Adopt the Ordinance and Resolutions.
BUDGET IMPLICATION $ $
BUDGETED AMOUNT ACTUAL AMOUNT
SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from Joe Fischbach dated March 30, 2012
® RESOLUTION:
® ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
FUNDING SOURCE
` r
City Administrator Date
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Background
The City of Cottage Grove has had language in the City Code regarding the Open Forum
portion of City Council meetings since 1985. In 2002, the language was updated (Ordinance
717). It was at that time that the two minute time limit for each speaker was established.
Currently, the City does not have guidelines established for Public Hearings, other than those
established by state statute.
At the February 15 City Council meeting, Mayor Myron Bailey requested that staff review the
Open Forum policy including a comparison to area cities. Enclosed are the results of a survey
that includes data related to both Open Forum and Public Hearing policies and practices.
City staff is proposing Open Forum and Public Hearings policies for consideration by the City
Council as attached. The policies seek to balance the opportunity for citizens to have their
ideas heard and considered with the ability to conduct an efficient and structured City Council
meeting. Staff is proposing to increase the Open Forum time limit from two minutes to three
minutes. A majority of the cities included in the survey do have a time limit. The time limit
varies from two to five minutes. A three minute time limit is the amount of time that occurs the
most in the survey results. Staff is also proposing that three minutes be allowed for each
person to testify during a Public Hearing. A majority of the cities do not have a time limit on the
time a person may speak for at a Public Hearing. We believe some guidance on expectations
would be helpful to the public. Further, under the proposed policy, the Mayor has the
opportunity to extend the time limit if new, relevant information is being presented at or after
the three minutes has lapsed.
Council Action
Approve or deny the policies as presented.
Alternatively, approve the policies with amendments.
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AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA,
AMENDING CHAPTER 1 OF THE COTTAGE GROVE
CITY CODE RELATING TO OPEN FORUM MEETINGS
The City Council of the City of Cottage Grove, Washington County,
Minnesota, does hereby ordain as follows:
SECTION 1. AMENDMENT "The Code of the City of Cottage Grove,
County of Washington, State of Minnesota," shall be amended by amending
Section 1 -5 -3 to read as follows:
Sec. 1 -5 -3: MEETINGS:
E. Open Forum Meetings: Each regular meeting shall be preceded by a meeting
commencing at seven fifteen o'clock (7:15) P.M. for the purpose of receiving
open forum comments. Open forum meetings shall be held on the same dates
and at the same locations as regular meetings. Persons may address the city
council on subjects that are not a part of the regular meeting agenda, but must
limit remarks to two (2) , , tej the period of time established by council
resolution The purpose of open forum is to provide an opportunity for the public
to provide information to or request action by the city council, and it may not be
used to make personal attacks, to air personality grievances, to make political
endorsements, or for political campaign purposes. Open forum will adjourn to the
regular meeting promptly at seven thirty o'clock (7:30) P.M. (Ord. 717, 7 -17-
2002)
SECTION 2. EFFECTIVE DATE This ordinance shall be in full force and
effect from and after its passage and publication according to law.
Passed this 18th day of April 2012.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
Published in the South Washington County Bulletin on
RESOLUTION NO. 2012-XX
RESOLUTION AUTHORIZING SUMMARY PUBLICATION
OF ORDINANCE NO. XX
WHEREAS, the City of Cottage Grove has adopted the above referenced amendment to the Cottage
Grove City Code at the April 18 2012 City Council meeting; and
WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of the publication of
the complete text of the ordinance is not justified; and
WHEREAS, the Council has determined that the following summary will clearly inform the public of
the intent and effect of Ordinance No. XX.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove,
Minnesota, that the city clerk shall cause the following summary of Ordinance No. XX, to be published in the
official newspaper in lieu of the entire ordinance:
SUMMARY PUBLICATION
ORDINANCE NO. - XX
AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA,
AMENDING CHAPTER 1 OF THE COTTAGE GROVE
CITY CODE RELATING TO OPEN FORUM MEETINGS
The City Council has adopted Ordinance No. XX. This summary of the ordinance is published
pursuant to Minn. Stat. § 412.191, subd. 3.
The ordinance removes specific time limits for Open Forum comments from the City Code
and references time limits established by City Council Resolution (Open Forum Policy).
Copies of the full text of the ordinance are available for public inspection in the City Clerk's
office during normal business hours or upon request by calling 651 - 458 -2800.
Caron M. Stransky, City Clerk
BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the
ordinance in her office at city hall for public inspection.
Adopted by the City Council of the City of Cottage Grove, Minnesota this 18"' day of April
2012.
Myron Bailey, Mayor
ATTEST:
Caron M. Stransky, City Clerk
RESOLUTION NO. 12 -xxx
RESOLUTION CREATING OPEN FORUM AND PUBLIC HEARING POLICIES
FOR THE CITY OF COTTAGE GROVE;
Open Forum Policy
During "Open Forum," the City Council will invite residents to share ideas, issues
or concerns. Individuals must sign the Open Forum roster to be provided the
opportunity to present. Individuals must state their name and address for the
record. Individuals must limit their comments to three minutes. The Mayor may
limit the number of speakers on the same issue in the interest of time and topic.
Open Forum will last no more than 15 minutes. Items that are elsewhere on the
City Council agenda may not be addressed during Open Forum. Generally, the
Council will refer any response to Open Forum questions to a subsequent
meeting or will direct staff to provide the individual with a response.
• In order to maintain a respectful environment for all those in
attendance, the use of signs, clapping, cheering or booing or similar
forms of verbal or nonverbal communication is discouraged during
Open Forum.
Public Hearing Policy
During Public Hearings, the Mayor will ask for public testimony after City staff
members make their presentations. Those interested in testifying on the topic
are encouraged to do so, so long as the testimony is relevant to the discussion.
All speakers must fill out a green comment card and give it to a staff member.
The Mayor will ask for a motion to the close the Public Hearing when all
interested parties have had an opportunity to speak or when the testimony
becomes repetitious. To ensure fairness to all speakers and to efficiently
conduct the Public Hearing, speakers must observe the following guidelines:
• Individuals must limit their testimony to three minutes. The Mayor may
modify times, as deemed necessary.
• Speakers may only testify one time during each Public Hearing.
• Speakers may not donate their time to another speaker.
• Remarks or points of view redundant of those made by prior speakers
are discouraged
• In order to maintain a respectful environment for all those in
attendance, the use of signs, clapping, cheering or booing or similar
forms of verbal or nonverbal communication is discouraged.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Cottage Grove, County of Washington, State of Minnesota, that the above listed
policies be adopted.
Passed this 18th day of April 2012.
Myron Bailey, Mayor
Attest:
Caron Stransky, City Clerk