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HomeMy WebLinkAboutCCWkspAgenda 1-5-11 Falcon Heights City Council Workshop City Hall 2077 W Larpenteur Ave. 6:30 p.m. AGENDA January 5, 2011 : 1) U of MN Law School Municipal Renewable Energy Funding Report 2) Domestic Partner Registration Ordinance 3) Police Contract Renewal Discussion If you have a disability and need accommodation in order to attend this meeting, please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at 651-792-7600. We will be happy to help. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date January 5, 2011 Agenda Item Workshop 1 Attachment Submitted By Justin Miller, City Administrator The City That Soars! Item U of MN Law School Municipal Renewable Energy Funding Report Description For the past several months, students from the University of Minnesota Law School Environmental Sustainability Clinic have been working on a report which will outline options for the city in regards to providing incentives to residents to make energy efficient improvements to their homes. They are at the point in their project where they would like to present to the city council their progress. More information will be available at the workshop on Wednesday evening. Budget Impact Attachment(s) Action(s) Requested No action is being requested at this time, however the students and staff will be looking for guidance from the city council on which areas to focus future attention towards. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date January 5, 2011 Agenda Item Workshop 2 Attachment Email from Phil Duran, Info sheet, City of Edina Ordinance Submitted By Michelle Tesser, Assistant to the City Administrator The City That Soars! Item Domestic Partner Registration Ordinance Description Domestic partner registration ordinances allow a couple, whether same-sex or different-sex, to register as domestic partners for a nominal fee (usually $20-$25) and receive a certificate that verifies their registration. This type of ordinance exist in Minneapolis (1991), Duluth and St. Paul (2009), and Edina, Rochester, Maplewood, and Golden Valley (2010). Recently, the chair of Human Rights Commission and staff was contacted by Phil Duran, the Legal Director of Outfront Minnesota. Outfront Minnesota was approached by a Falcon Heights resident about possibly discussing a domestic partner ordinance in the city. Historically in Minnesota, Human Rights Commissions were actively involved in this discussion. Phil Duran’s request was brought in front of the commission on December 6th. The commission was concerned about the process and what their role should be. One posed question was if their role should be to lead the effort to create awareness and education. They requested staff to pose these questions to the Council at the January workshop. Budget Impact n/a Attachment(s) Email from Phil Duran, Outfront Minnesota Domestic Partner Information Sheet City of Edina Ordinance Action(s) Requested No action is needed at this time. From: Phil Duran To: Michelle Tesser; judyconnolly@comcast.net Subject: DP ordinance? Date: Wednesday, November 17, 2010 11:14:20 AM Attachments: DP ordinances info sheet.doc Edina DP ordinance (2).doc Hi, Michelle and Judy --We've been approached by a Falcon Heights resident about the possibility of discussing a domestic-partner ordinance in your city. As you may know, such ordinances exist in Minneapolis (1991), Duluth and St. Paul (2009), and Edina, Rochester, Maplewood, and (as of last night) Golden Valley (2010). I'm writing you in your capacities as staff liaison and Chair for the Falcon Heights Human Rights Commission; in cities like Edina, Golden Valley, and others, the local human rights commissions have been centrally involved in that discussion. I've attached a very basic fact sheet, along with sample language from Edina for your consideration as a possible subject for conversation at a future HRC meeting. I've also put together an informational presentation that I've shared with several local commissions and city councils in recent months, which I'd be happy to bring to Falcon Heights in there is interest in such a discussion. Thanks for your consideration of this material ----Phil Duran Legal Director OutFront Minnesota 310 E. 38th St., Suite 204 Minneapolis, MN 55409 (612) 822-0127, ext. 7663 [email preferred] Leading Minnesota Toward GLBT Equality What are municipal domestic-partner registration ordinances? In 1991, the City of Minneapolis created Minnesota’s first municipal domesticpartner registration ordinance. Since then, other cities have followed suit: Duluth (2009), St. Paul (2009), Edina (2010), and Rochester (2010). These ordinances allow a couple, whether same-sex or different-sex, to register as domestic partners for a nominal fee (usually $20-$25) and receive a certificate that verifies their registration. Municipal domestic-partner registrations serve purposes beyond symbolism. Undeniably, under Minnesota law, local governments are very restricted in terms of the rights or privileges they could attach to a domestic-partner registration. In particular, local governments in Minnesota may not offer their employees’ domestic partners health coverage akin to that provided to employees’ spouses. (Other employment benefits, e.g., bereavement leave, may be offered.) A registration ordinance provides unmarried couples who attest that they satisfy satisfy the City’s definition of a “domestic partnership” the ability to secure government documentation that a relationship exists. That documentation function strengthens couples’ ability to secure benefits or protections from businesses, hospitals, or other entities which can rely on a registration certificate for their paperwork needs. Municipal domestic-partner registration ordinances impose no costs on local businesses. None of the domestic-partner ordinances passed in Minnesota requires any private business or other entity to pay to provide financial benefits of any kind to couples who register. Much of the conversation about domestic partnerships relates to health benefits; under Federal law, in most cases no city or state can require that private employers provide any particular health benefits to their employees. A domestic-partner registration ordinance, however, can make it easier for those businesses who would like to provide these or other benefits but who don’t want to create their own, internal registration processes. Passing a municipal domestic-partner registration ordinance imposes no costs on a City itself. The cost of preparing forms for couples to use for registration is more than offset by the registration fee couples are charged. Passing a domestic-partner registration ordinance does not require a City to provide any particular benefits to its employees’ domestic partners, though naturally a City may choose to do so, other than dependent health coverage. Municipal domestic-partner registration ordinances can help attract businesses and residents. There is no evidence that in twenty years’ experience, businesses or residents have left, or declined to move to, Minneapolis due to its domestic-partner registration ordinance. In OutFront Minnesota’s experience, local leaders express support for such ordinances because they believe they enhance their city’s reputation as welcoming to all families and communities, and that this is conducive to welcoming new businesses and residents. Municipal domestic-partner registries do not affect places of worship. A municipal domestic-partner registration ordinance is entirely a function of civil government and has no effect on places of worship. Should a place of worship choose to conduct a ceremony for domestic partners, they are of course free and welcome to do so, but no government entity may require that a place of worship recognize or act on a domestic-partner registration. Municipal domestic-partner registries do not violate state law. While Minnesota law currently restricts marriage to different-sex couples, state law also allows local governments to register domestic partners. Each of the domestic-partner registration ordinances in Minnesota provides for recognition of registrations from other cities, as well as domestic partnerships, civil unions, and even marriages from other jurisdictions – as municipal domestic partnerships, and nothing more. Domestic-partnership registration ordinances do not create or limit rights or obligations in such areas as inheritance, adoption, child custody, separation, or related areas governed solely by State law. ORDINANCE NO. 2010-____ 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 couples under 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 and health care employment 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 150629v01 RNK:03/15/2010 1 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 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 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. 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. 150629v01 RNK:03/15/2010 2 195.05 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 (a) one partner 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. 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: Subd. 3 Purpose. 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, spouse's father or 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: 150629v01 RNK:03/15/2010 3 150629v01 RNK:03/15/2010 4 SECTION SUBSECTION PURPOSE OF FEE OR CHARGEAMOUNT 195 195.03 registration of domestic partners $_____ 195 195.03 certified copies of registration, amendments or notice of termination of domestic partners $____ Section 5. This ordinance is effective upon passage and publication. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date January 5, 2011 Agenda Item Workshop 3 Attachment 2010-11 Police Contract Submitted By Justin Miller, City Administrator The City That Soars! Item Police Contract Renewal Discussion Description The city’s contract with St. Anthony for police services expires at the end of 2011. Per the contract, a new agreement needs to be in place by June 15, 2011. Staff will begin negotiating new contract terms with St. Anthony in the coming months, but it would be beneficial for staff to understand some guidelines or desired changes the city council would like to see in the new contract before entering into contract discussions. Budget Impact The history of the police contract with St. Anthony is: 2008 $535,067 (33.4% of general fund expenditures) 2009 $571,536 (37.4% of general fund expenditures) 2010 $578,595 (34.7% of general fund expenditures) 2011 $590,167 (35.2% of general fund expenditures) Attachment(s) 2010-11 Police Contract Action(s) Requested No action is needed at this time, but staff will be interested in hearing comments from the city council about the upcoming police contract negotiations.