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Home My WebLink About7B, Ordinance 2010-011 - Amending Chapter 2 Section 210.03 Subd 1 & Subd 3DEN HILLS Request for Council Action Prepared By: Rebecca Brazys, Deputy Clerk Council Meeting Date: October 25, 2010 7 13 Ordinance 2010 -011 Amending City Code Chapter 2, Section 210.03, Subd. 1 Regular Meetings and Chapter 2, Section 210.03, Subd. 3 Special Meetings Budgeted Amount: NA Recommendation: Actual Amount: NA Funding Source: NA Approve Ordinance 2010 -011 amending Chapter 2, Section 210.03, Subdivision 1 Regular Meetings and Subdivision 3 Special Meetings. Supporting Documents: 1. Memorandum dated October 25, 2010 from Rebecca Brazys. 2. Copy of letter from City Attorney Jerry Filla. 3. Copy of existing code reflecting proposed changes. 4. Ordinance 2010 -011 and Publication Summary. DATE: October 25, 2010 TO: Mayor City Council Patrick Klaers, City Administrator FROM: Rebecca Brazys, Deputy Clerk ��`.R�EN HII,LS MEMORANDUM SUBJECT: Ordinance Amending City Code Chapter 2 Administration Background Current City Code, Chapter 2, Section 210.03, Subdivision 1 Regular Meetings states that the first meeting of each year will be held on the second day of January. This ordinance amendment is being proposed to reflect the Council's actual practice of holding the first meeting on the second Monday in January. In reviewing this proposed ordinance, our City Attorney recommended additional changes to both Subdivisons 1 and 3. A copy of the attorney's letter and the current City Code with edits are attached. Recommendation Motion by the City Council to approve Ordinance 2010 -011 to reflect the Council's actual practice and to bring the City's ordinance into compliance with state statutes. City of Arden Hills City Council Meeting for March 29, 2010 IlMetro- inetlardenhills \Admin \Council\Agendas Packet Information12010110 -25 -10 RegularlPacket Information110 -25 -10 Memo- Ordinance 2010 -011. doc Page 1 of 1 Warren E. Peterson Jerome P. Filia Daniel Witt Fram Glenn A. Bergman John Michael Miller Michael T. Oberle Steven H. Bruns* Paul W. Fahning* Sonja R. Ortiz Ben 1. Rust Jonathan R. Cuskey Tracy!. Halliday Jared M. Goerlitz Dan M. Duffek* Rebecca Brazys Deputy Clerk City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Becky: In addition, 1 offer the following comments: FPAM&BERGMAN P R O F E S S I O N A L A S S O C I A T I O N October 6, 2010 (651)290 -6907 jfilla@pfb- pa.com 1 have reviewed proposed Ordinance No. 2010 -011 relating to council meetings. It is not legally necessary for the City to hold its first calendar year meeting on the second day of January. Therefore, your proposal to hold the first calendar year meeting on the second Monday of January is permissible. 1. 1 would recommend that the third sentence of proposed Section 210.03, Subd. 1 relating to "adjournments" and "special meetings" be eliminated because these topics are dealt with in Sections 210.03, Subd. 2 and Subd. 3 respectively. 2. City Code Section 210.036, Subd. 3 applies to special meetings of the city council and is more restrictive than state law requires. Minnesota Statutes Section 412.191, Subd. 2 provides, in part, as follows: Special meetings may be called by the Mayor or by any two members of a five member council by writing filed with the clerk who shall then mail a notice to all members of the time and place of the meeting at least one day before the meeting. Please note that a councihnember's request for a special meeting must be in writing (email will do) Verbal requests are not allowed. In addition, current city regulations require two and three day notices. Please review this with the City Administrator and determine whether the City would like to revise this section concurrently with the revisions to Section 210.03, Subd. 1. Jer JPF /jmt C: Patrick Klaers ALSO ADMITTED IN WISCONSIN Very truly yours, e I: Pala Suite 800 55 East Fifth Street St. Paul, MN 55101 -1718 (651)291-8955 (6511 228 -1753 facsimile www.pfb- pa.com City of Arden Hills Chapter 2 Administration Subd. 1 Regular Meetings. The City Council shall have regular meetings on the second and last Mondays of each month and shall have regular workshops on the third Monday of each month at times to be determined by City Council Resolution which shall be kept on file with the City Administrator. If a regular or workshop meeting date falls on a holiday, the meeting shall be conducted on the next following business day. k 4 first meeting of the year shall be held on the second 2 -4 Adopted December 17, 2001 The Add Monday of January. All meetings shall be held in the City Hall except as otherwise, from time to time may be designated by City Council Resolution. (revised 2/11/02 ordinance #337) State law reference Meetings of council, M.S. 412.191 (2) Subd. 2 Adjournment. The Council may at any time, by a majority vote of those present, adjourn from time to time to a specific date and hour whether or not a quorum is present. City of Arden Hills Chapter 2 Administration Subd. 3 Special Meetings. Special meetings may be called by the Mayor or any two (2) members by written request filed with w the City Administrator at least three (3) days, Sundays and holidays excepted, prior to the time specified for such meeting. The City Administrator shall mail or otherwise deliver a notice at least two (2) days before the meeting to all members of the time and place of the meeting and its-add the purpose of the meeting. Written notice of any special meeting shall be posted giving the date, time, place and purpose of the meeting at least three days before the meeting. Written notice shall be mailed at least three days before the meeting to anyone who has filed a written request for notice of special meetings. In calculating three days, if the last day falls on a Saturday, Sunday or legal holiday, the next regular business day shall be counted as the third day. 2 -5 Adopted December 17, 2001 Ordinance 2010 -011 �EN HILLS STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2010 -011 AN ORDINANCE AMENDING THE CITY'S CHAPTER 2 ADMINISTRATION The Arden Hills City Council hereby ordains that Chapter 2, Section 210.03, Subd. 1 is hereby amended in the Arden Hills City Code to read as follows: Subd. 1 Regular Meetings. The City Council shall have regular meetings on the second and last Mondays of each month and shall have regular workshops on the third Monday of each month at times to be determined by City Council Resolution which shall be kept on file with the City Administrator. If a regular or workshop meeting date falls on a holiday, the meeting shall be conducted on the next following business day. The first meeting of the year shall be held on the second Monday of January. All meetings shall be held in the City Hall except as otherwise, from time to time, may be designated by City Council Resolution. (revised 2/11/02, Ordinance #337) State law reference Meetings of Council, M.S. 412.191(2). The Arden Hills City Council also hereby ordains that Chapter 13, Section 210.03, Subd. 3 is hereby amended in the Arden Hills City Code to read as follows: Subd. 3 Special Meetings. Special meetings may be called by the Mayor or any two (2) members by written request filed with the City Administrator at least three (3) days, Sundays and holidays excepted, prior to the time specified for such meeting. The City Administrator shall mail or otherwise deliver a notice at least two (2) days before the meeting to all members of the time and place of the meeting and the purpose of the meeting. Written notice of any special meeting shall be posted giving the date, time, place and purpose of the meeting at least three days before the meeting. Written notice shall be mailed at least three days before the meeting to anyone who has filed a written request for notice of special meetings. In calculating three days, if the last day falls on a Saturday, Sunday, or legal holiday, the next regular business day shall be counted as the third day. Effective Date. This Ordinance shall become effective the day following its publication. Ordinance 2010 -011 Adoption Date. Passed by the City Council of the City of Arden Hills the 25 Day of October, 2010. ATTEST: PATRICK KLAERS CITY ADMINISTRATOR STANLEY D. HARPSTEAD, MAYOR CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2010-011 On the 25th day of October, 2010, the Arden Hills City Council adopted Ordinance No. 2010 -011, and by at least four /fifths affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2010 -011 be published. Chapter 2, Sections 210.03, Subdivision 1 Regular Meetings, and Chapter 2, Section 210.03, Subdivision 3, Special Meetings be revised to state that the first meeting in January will be held on the second Monday and to remove language that is repetitive or not in compliance with state statutes. A full copy of Ordinance 2010 -011 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden- hills.mn.us.