HomeMy WebLinkAboutStaff Report-Fence Ordinance Cover MemoSTAFF REPORT
DATE: October 4, 2016
REGULAR
ITEM #: 15
MOTION
TO: Mayor and City Council
FROM: Kristina Handt, City Administrator
AGENDA ITEM: Reconsider Fence Ordinance
BACKGROUND: At the September 20, 2016 meeting the vote on the fence ordinance was 2-1-2 . While no one questioned
whether it passed at the meeting, staff did further research after the meeting and found that it did not pass. Minnesota Statutes Section 412.191, subdivision 4 states that every ordinance must be enacted by “a majority vote of all members of the council …” So even though there were 2 abstentions, those members
still count as members of the Council and three votes would have been necessary for adoption. All of the same information presented by Planner Becker at the last meeting is included in your packet. OPTIONS: 1) Council may correct the record and note that the ordinance did not pass 2) Council can revote on the ordinance and if 3 affirmative votes occur, then the ordinance will be considered approved.