HomeMy WebLinkAbout#05 - Text Amendments Removing Quorum Requirement for CommissionsSTAFF REPORT
DATE: 11/15/2022
CONSENT TO: City Council FROM: Sophia Jensen, Code Enforcement Official
AGENDA ITEM: Text Amendments to Title 3 Administration – Repealing Quorum Code Sections
INTRODUCTION: City of Lake Elmo Planning Staff has initiated three text amendments to City Code Title 3 Administration as follows:
• Repealing Title 3 Administration; Chapter 3.12-II Planning Commission, Section 210 is in its entirety
• Repealing Title 3 Administration; Chapter 3.12-IV Parks Commission, Section 490 in its entirety.
• Repealing Title 3 Administration; Chapter 3.12-V Heritage Preservation Committee, Section 700 in its entirety.
• Repealing Title 3 Administration; Chapter 3.12-VI Human Rights Commission, Section
870 in its entirety.
ISSUE BEFORE THE CITY COUNCIL: Should City Council adopt the proposed text amendments to the City Code? TEXT AMENDMENT DETAILS/ANALYSIS: Most cities don’t put any language in their codes regarding quorums, instead case law governs this aspect. Revisions to the City Code are included below. Deleted language is shown with strikethrough.
3.12.210 Quorum A quorum shall consist of four members.
3.12.490 Quorum A meeting can be conducted if four members of the commission are present.
3.12.700 Quorum A quorum shall consist of two-thirds of the members.
3.12.870 Quorum A quorum shall consist of four members.
2
FISCAL IMPACT: None
OPTIONS: The City Council may:
• Adopt the proposed text amendments;
• Adopt the proposed text amendments with changes; or
• Deny the proposed text amendments. RECOMMENDATIONS: Staff recommends that the City Council recommend approval of repealing Section 210 Quorum, Section 490 Quorum, Section 700 Quorum, and Section 870 Quorum. Four separate suggested motions are provided below.
“Motion to adopt Ordinance No. 2022-15”
and
“Motion to adopt Resolution No. 2022-104 authorizing Publication by Title and Summary” ATTACHMENTS: A. Draft Ordinance No. 2022-15 B. Summary of Publication Resolution No. 2022-104
CITY OF LAKE ELMO COUNTY OF WASHINGTON
STATE OF MINNESOTA ORDINANCE NO. 2022-15
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE BY REPEALING
QUORUM REQUIREMENTS
SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title 3
Administration; Chapter 3.12-II Planning Commission, Section 210 is hereby repealed in its entirety. (Deleted language is shown with strikethrough):
3.12.210 Quorum
A quorum shall consist of four members.
SECTION 2. The City Council of the City of Lake Elmo hereby ordains that Title 3 Administration; Chapter 3.12-IV Parks Commission, Section 490 is hereby repealed in its entirety. (Deleted language is shown with strikethrough):
3.12.490 Quorum A meeting can be conducted if four members of the commission are present.
SECTION 3. The City Council of the City of Lake Elmo hereby ordains that Title 3 Administration; Chapter 3.12-V Heritage Preservation Committee, Section 700 is hereby repealed in its entirety. (Deleted language is shown with strikethrough):
3.12.700 Quorum
A quorum shall consist of two-thirds of the members.
SECTION 4. The City Council of the City of Lake Elmo hereby ordains that Title 3 Administration; Chapter 3.12-VI Human Rights Commission, Section 870 is hereby repealed in its entirety. (Deleted language is shown with strikethrough):
3.12.870 Quorum A quorum shall consist of four members.
SECTION 5. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 6. Adoption Date. This Ordinance 2022- was adopted on this ______day of _______,
2022, by a vote of __ Ayes and ___Nays.
LAKE ELMO CITY COUNCIL _________________________________ Charles Cadenhead, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 2022- was published on the ____ day of ___________________, 2022.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2022-104
RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF
ORDINANCE 2022-15
WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 2022-, an ordinance that
repeals the City's Code Sections 3.12.210, 3.12.490, 3.12.700, and 3.12.870 in their entirety.
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 2022- to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 2022-, an ordinance that amends the City Code language in Title 3 Administration. This ordinance repeals language in the City Code regarding quorums. The following is a summary of the adopted ordinance language:
Ordinance includes the following elements:
1. Repealing City Code Section 3.12.210 Quorum in its entirety that requires a Planning
Commission quorum to consist of four members
2. Repealing City Code Section 3.12.490 Quorum in its entirety that allows Parks
Commission meetings to be conducted if four members are present
3. Repealing City Code Section 3.12.700 Quorum in its entirety that requires a Heritage
Preservation Committee quorum to consist of two thirds of the members
4. Repealing City Code Section 3.12.870 Quorum in its entirety that requires a Human Rights
Commission quorum to consist of four members.
The full text of Ordinance 2022-, is available for inspection at Lake Elmo City Offices during regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated:
ATTEST:
________________________
Charles Cadenhead, Mayor
_________________________
Julie Johnson, City Clerk
(SEAL)