HomeMy WebLinkAbout2010 08-23 City Council Manager Workshop Packet
AGENDA
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
A.CALL TO ORDER
B.ROLL CALL
C.APPROVAL OF AGENDA
D.UNFINISHED BUSINESS
E.NEW BUSINESS
F.ADJOURNMENT
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MEMORANDUM
INTRODUCTION
Proposal
Background
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DISCUSSION
Gladstone Neighborhood Master Plan
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Mixed Use Zoning District
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Form-Based Ordinance
Planning Commission Review
CONCLUSION
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ORDINANCE NO. 2010-12
AN ORDINANCE AMENDING THE EDINA CITY CODE
CONCERNING DOMESTIC PARTNERS
THE CITY OF EDINA ORDAINS:
Section 1.
Chapter 1 of the Edina City Code is amended by adding Section 195 to provide as
follows:
195.01 Purpose.
The City of Edina authorizes and establishes a voluntary program of registration of domestic
partners. The domestic partnership registry is a means by which unmarried, committed couples
who reside or work in Edina and who share a life and home together may document their
relationship.
Edina’s Domestic Partnership ordinance is a City ordinance and does not create rights,
privileges, or responsibilities that are available to married couplesunder state or federal law.
The City of Edina cannot provide legal advice concerning domestic partnerships. Applicants and
registrants may wish to consult with an attorney for such advice including but not limited to:
wills, medical matters, finances and powers of attorney, children and dependents, medical, health
careandemployment benefits.
195.02 Definitions.
The following words and phrases used in this Code have the meanings given in this Section.
Domestic Partner.
Any two adults who meet all the following:
1. Are not related by blood closer than permitted under marriage laws of the state.
2. Are not married.
3. Are competent to enter into a contract.
4. Are jointly responsible to each other for the necessities of life.
5. Are committed to one another to the same extent as married persons are to each other,
except for the traditional marital status and solemnities.
6. Do not have any other domestic partner(s).
7. Are both at least 18 years of age.
8. At least one of whom resides in Edina or is employed in Edina.
Domestic Partnership.
The term “domestic partnership” shall include, upon production of
valid, government-issued documentation, in addition to domestic partnerships registered with
the City of Edina, and regardless of whether partners in either circumstances have sought
further registration with the City of Edina:
A. Any persons who have a currently-registered domestic partnership with a governmental
body pursuant to state, local or other law authorizing such registration. The term domestic
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partnership shall be construed liberally to include unions, regardless of title, in which two
individuals are committed to one another as married persons are traditionally committed,
except for the traditional marital status and solemnities.
B. Marriages that would be legally recognized as a contract of lawful marriage in another
local, state or foreign jurisdiction, but for the operation of Minnesota law.
195.03 Registration of Domestic Partnerships.
A. The City Clerk shall accept an application in a form provided by the City to register domestic
partners who state in such application that they meet the definition of domestic partners.
B. The City Clerk shall charge an application fee for the registration of domestic partners and
shall charge a fee for providing certified copies of registrations, amendments, or notices of
termination. The fees required by this Section shall be in the amount set forth in Section 185 of
this Code.
C. The City Clerk shall provide each domestic partner with a registration certificate. The
registration certificate shall not be issued prior to the third working day after thedate of the
application.
D. This application and certificate may be used as evidence of the existence of a domestic
partner relationship.
E. The City Clerk shall keep a record of all registrations of domestic partnership, amendments to
registrations and notices of termination. The records shall be maintained so that amendments
and notices of termination are filed with the registration of domestic partnership to which they
pertain.
F. The application and amendments thereto, the registration certificate, and termination notices
shall constitute government data and will be subject to disclosure pursuant to the terms of the
Minnesota Government Data Practices Act.
195.04 Amendments
.
The City Clerk may accept amendments for filing from persons who have domestic partnership
registrations on file, except amendments which would replace one of the registered partners with
another individual.
195.05 Termination of Domestic Partnership.
Domestic partnership registration terminates when the earliest of the following occurs:
1.One of the partners dies; or
2.Forty-five days after one partner: a) sends the other partner written notice, on a form
provided by the City, that he or she is terminating the partnership; and b) files the notice of
termination and an affidavit of service of the notice on the other partner with the City Clerk.
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Section 2.
Chapter 1 of the Edina City Code is amended by adding Section 197 to provide as
follows:
197.01 Homestead designation.
Eligibility for the designation of property as a
homestead, the application process and the verification process are set forth in State
Statutes. In administering the state homestead statutes the City will not impose any
additional requirements on domestic partners.
197.02 Fees
. If the City offers a family fee, family membership or family registration,
domestic partners are entitled to the same family fee, family membership or family
registration.
Section 3.
Section 150.10, Subd. 3 of the Edina City Code is amended to provide as follows:
Purpose.
Subd. 3 Sick leave with pay may be granted to employees entitled thereto
when the employee is unable to perform scheduled work duties due to illness/disability,
the necessity for medical, dental or chiropractic care, childbirth or pregnancy disability,
exposure to contagious disease where such exposure may endanger the health of others
with whom the employee would come in contact in the course of performing work duties.
Sick leave with pay may also be granted for a variety of other family and medical
circumstances. The amount and conditions under which sick leave with pay may be used
for such circumstances is provided in the family and medical leave policy adopted
pursuant to Subsection 150.13 of this Code. Sick leave with pay may be granted for a
maximum of five scheduled work days in the event of the death of an employee's spouse,
domestic partner, father, mother or child, spouse's father, mother or child; or domestic
partner’s father, mother or child and a maximum of three days in the event of the death of
an employee's grandparent, grandchild, brother or sister.
Section 4.
Section 185.02 Schedule A of the Edina City Code is amended by adding the
following:
SECTIONSUBSECTION PURPOSE OF FEE OR CHARGEAMOUNT
195 195.03 registration of domestic partners $25
195 195.03 certified copies of registration,
Amendments or notice of
termination of domestic partners $10
Section 5.
This ordinance is effective upon passage and publication.
First Reading:
Second Reading:
Published:
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6)73098-3223
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Section 150 of the Edina City Code allows cities to establish a system of municipal personnel
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administration for all the employees of the City; and
Section 150.10 of the Edina City Code provides that every regular full-time employee shall be
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entitled to and shall accrue sick leave with pay, which may also be granted for a variety of other family and
medical circumstances.
that the Edina City Council adopts Resolution No. 2010-42 which
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amends the Employee Handbook, Section 150.10 Subd. 3, to provide “spouse” as including unmarried
Domestic Partners.
Dated: May 18, 2010
Attest:
Debra A. Mangen, City Clerk James B. Hovland, Mayor
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing
Resolution was duly adopted by the Edina City Council at its Regular Meeting of May 18, 2010, and as recorded in the Minutes
of said Regular Meeting.
WITNESS my hand and seal of said City this day of , 20___.
_______________________________________
City Clerk
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RECREATION, LIBRARIES AND AUTHORITIES COMMITTEE
09-021-O
ORDINANCE NO. __________
AN ORDINANCE ADDING A NEW CHAPTER 29D OF THE DULUTH CITY
CODE, 1959, AS AMENDED, ESTABLISHING A DOMESTIC PARTNER
REGISTRY.
BY COUNCILORS ANDERSON, CUNEO, GARDNER AND ECKENBERG:
The city of Duluth does ordain:
Section 1.That the Duluth City Code, 1959, as amended, is hereby amended
by adding the following Chapter 29D to read as follows:
CHAPTER 29D.
HUMAN RIGHTS AND DOMESTIC PARTNERSHIPS.
Sec. 29D-1.Purpose.
The city of Duluth recognizes that a nationwide debate has
advanced an expanded concept of familial relationships between two
non-married, adult partners who are committed to one another to the
same extent as married persons are to each other, except for the
traditional marital status and solemnities. This Chapter creates a
process to provide persons the opportunity to declare themselves
domestic partners thereby providing a government-based foundation to
such committed relationships which positively contributes to the
health, safety and welfare of the community as a whole.
Sec. 29D-2.Definitions.
For purposes of this Chapter, the following terms shall be
defined as follows:
(a)Domestic partner. Any two adults who:
(1)Are not related by blood closer than permitted
under marriage laws of the state;
(2)Are not married or related by marriage;
(3)Are competent to enter into a contract;
(4)Have no other domestic partner;
(5)Are jointly responsible to each other for the
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necessities of life;
(6)Are as committed to one another as married persons
are traditionally committed, except for the traditional marriage
status and solemnities;
(b)Domestic partnership. The term “domestic partnership”
shall include, upon production of valid, government-issued document-
ation, in addition to domestic partnerships registered with the city
of Duluth, and regardless of whether partners in either circum-
stances have sought further registration with the city of Duluth:
(1)Any persons who have a currently-registered domes-
tic partnership with a governmental body pursuant to state, local or
other law authorizing such registration. The term domestic
partnership shall be construed liberally to include same-sex unions,
regardless of title, in which two same-sex individuals are committed
to one another as married persons are traditionally committed,
except for the traditional marital status and solemnities;
(2)Marriages that would be legally recognized as a
contract of lawful marriage in another local, state or foreign
jurisdiction, but for the operation of Minnesota law.
Sec. 29D-3.Registration of domestic partnerships.
(a)The city clerk shall accept an application to register
as domestic partners from persons who state in such application that
they meet the definition of domestic partners set out in Section
29D-2. Subsequent changes in address shall be reported to the city
clerk within 30 days of such change;
(b)The city clerk shall charge an application fee for the
registration of a domestic partnership and shall charge a reasonable
fee per document for providing certified copies of registrations,
amendments or notices of termination. Said fees shall be set in
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accordance with Section 31-6(a) of this Code. There shall be no
charge for filing amendments or notices of termination;
(c)The city clerk shall provide each domestic partner with
a registration certificate. The registration certificate shall not
be issued prior to the third working day after the date of the
application;
(d)This application and certificate may be used as evidence
of the existence of a domestic partner relationship;
(e)The city clerk shall keep a record of all registrations
of domestic partnership, amendments to registrations and notices of
termination received by the city clerk. The records shall be
maintained so that amendments and notices of termination are filed
with the registration of domestic partnership to which they pertain;
(f)The application and amendments thereto, the registration
certificate, and termination notices shall constitute government
data and will be subject to disclosure pursuant to the terms of the
Minnesota Government Data Practices Act.
Sec. 29D-4.Amendments.
The city clerk may accept amendments for filing from persons
who have domestic partnership registrations on file, except
amendments which would replace one of the registered partners with
another individual.
Sec. 29D-5.Termination of domestic partnership.
(a)Either person in a domestic partnership registered with
the city of Duluth may initiate the termination of the domestic
partnership, by written notification to the city clerk. The city
clerk shall promptly notify the other partner at the address of
record by certified mail;
(b)A domestic partnership registration terminates when the
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earlier of the following occurs:
(1)One of the partners dies; or
(2)Forty-five days after one partner sends the other
written notice that he or she has terminated the partnership by
filing a notice of termination with the city clerk; or
(3)Forty-five days after the city clerk notifies the
non-filing partner of the filing of any notice of termination.
Section 2.That this ordinance shall take effect 30 days after its passage
and publication.
Approved as to form:
Attorney
CCREQ/ATTY JA/GBJ:cjk 4/14/2009
STATEMENT OF PURPOSE: The city of Duluth recognizes that a nationwide debate has
advanced an expanded concept of familial relationships between two non-married,
adult partners who are committed to one another to the same extent as married
persons are to each other, except for the traditional marital status and
solemnities. This ordinance creates a process to provide persons the opportunity
to declare themselves domestic partners thereby providing a government-based
foundation to such committed relationships which positively contributes to the
health, safety and welfare of the community as a whole.
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