Loading...
2011.09.08 Work Session PacketCRYSTAL CITY COUNCIL WORK SESSION AGENDA Thursday, September 8, 2011 7:00 P.M. Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Work Session of the Crystal City Council was held at p.m. on Thursday, September 8, 2011 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Anderson Bowman Budziszewski Deshler Hoffmann Selton J. Moore Staff Norris Therres Banick Serres Norton II. Agenda The purpose of the work session is to: • discuss a recommendation from the Human Rights Commission regarding domestic partners registration. III. Adjournment The Work Session adjourned at p.m. G1City Clerk\Council\Work sessions\20114sagenda 9.8.11.doc ....................... Memorandum [CRYSTAL DATE: August 26, 2011 TO: Mayor and City Council FROM: Anne Norris, City Manager �^f SUBJECT: Recommendation from Human Rights Commission Over the last months, the Crystal Human Rights Commission has been discussing a domestic partner registry. At its July 25 meeting, the Commission approved a draft domestic partner registration ordinance and forwarded it to the City Council for further action. Jason Smith of the Human Rights Commission will be at the September 8 work session to present the proposed ordinance to the Council and answer your questions. Attached are the following items: - Minutes of the January, May and July, 2011, Human Rights Commission meetings; - July 27 email from Jason Smith and draft domestic partner registration ordinance; - Falcon Heights' ordinance creating domestic partner registration; and - Robbindale's ordinance establishing a domestic partner registry. Attach: Anne Norris From: Jason Smith [Jason@escenaproductions.com] Sent: Wednesday, July 27, 2011 12:48 PM To: Anne Norris Cc: EOliva@moneygram.com; rjbowman3@comcast.net Subject: Re: DOMESTIC PARTNERSHIP.. Attachments: Crystal DP Ordinance draft.doc Follow Up Flag: Follow up Flag Status: Flagged Attached please find the draft Domestic Partner ordinance approved by the Crystal Human Rights Commission on July 25, 2011. The Commission is forwarding the ordinance to the City Council for further action. Jason Smith Escena Productions, LLC lason(aescenaproductions.com 612-581-8203 (Mobile) On Wed, 27 Jul 2011 10:59:34 -0500, "Oliva, Elisa" <EOlivaomoneVgram.com> wrote: > Hello Jason, > Please send a copy of the draft to mayor ReNae. Her address is > 'rjbowman3@comcast.net for her review, and a copy to me too because I don't > have it here in the office. She wants to see it before it goes to the city > council. > Thanks! > Elisa Oliva 1 ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER XXX OF THE CRYSTAL CITY CODE, AS AMENDED, ESTABLISHING A DOMESTIC PARTNER REGISTRY. The city of Crystal does ordain: Section 1. That the Crystal City Code, as amended, is hereby amended by adding the following Chapter XXX to read as follows: CHAPTER XXX. HUMAN RIGHTS AND DOMESTIC PARTNERSHIPS. Sec. XXX.XX. Purpose. The city of Crystal 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 This pter creAM themes Dome til to s committed re safe nd welfare o process to provide persons vers, thereby providing a nships which positively the opp governn contribu Sec. EMM..XX. qu Defi ons. For oses of this teJ1[I llowing s 11 b foil (a) stic Partne y twho Are not d by ser per ed ui the married or y mar ; (3) Are competent to enter into a contract; (4) Have no other domestic partner; (5) Are jointly responsible to each other for the 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 documentation, in addition to Domestic Partnerships registered with the city of Crystal, and regardless of whether Partners in either circumstance have sought further registration with the city of Crystal: (1) 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 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. (c) Health Care Facility. A "health care facility" for the purposes of this ordinance is a hospital, sanitarium or other institution for the hospitalization of human beings, licensed,under Minnesota Statute. Sec. XXX.XX. 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 XXX.XX. 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 of twenty dollars ($20.00) 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. 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 Partnershi amendments to registrations and notices of termina ' ceived by he records shall be maintained so that am en d noti of termi are filed with the registration of Do is Part hip to whi y pertain; (f) application mendments thereto, the registration rtifica and term ion notices co u ver a and disc re pursuant t e M it ernment to Prac s Act. Sec. .XX. Amen ts. The clerk may dome partners rep t eg1E giste s have ch w Sec. XXX.XX. Termination of Domestic Partnership. (a) Either person in a Domestic Partnership registered with the city of Crystal 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 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. Sec XXX.XX Visitation in Health Care Facilities. (a) Patient designation. where a health care facility restricts a patient's visitors, the health care facility shall allow every patient to name those individuals whom the patient wishes to allow to visit unless: (1) No visitors are allowed; or (2) The facility determines that the presence of a particular visitor named by the patient would endanger the health or safety of a patient or would endanger the primary operations of the facility. (b) Domestic Partners who do not make designations. If a patient with whom visiting has been restricted has not made the designation provided for in Subdivision 1, and if the patient has not indicated that she or he wishes no visitors, the facility must allow the patient's Domestic Partner, the children of the patient's Domestic Partner or the Domestic Partner of the patient's parent or child to visit unless: (1) No visitors are allowed; or (2) The facility determines that the presence of a particular visitor named by the patient would endanger the health or safety of a patient or would endanger the primary operations of the facility. Section XXX.XX Benefits provided by the City of Crystal. To the extent allowed by law, the City of Crystal will extend the same benefits to Domestic Partners of employees as would be provided to the legal spouses of employees. Such benefits will include, but are not limited to, relocation allowances, sick leave, tuition reimbursement, e lipeescha�, Fam eave Act (FMLA) benefits. TherPartners ill al the extent allowed by law, provide eqs Dome 1 people in regard to memberships an muniy contr01 cilities. Sect2. That thisa and Iffication. M- k( 9 Minutes of the January 11, 2011 Crystal Human Rights Commission The meeting was called to order at 7:05 PM. Present: Elisa Oliva, Meredith Torres -Walsh, Sara Wahba, Also present: John Budziszewski, City Council Liaison, and Kim Therres Absent: Sarah Hagen The October minutes were read and approved as submitted. Brochure Update: John gave an update on the brochures. Work on resolving the wording will be addressed at the March meeting. A cover design was decided on. II. Elections President: Elisa Oliva Vice President: Sara Wahba Secretary: Meredith Torres -Walsh III. 2011 Meeting schedule was discussed. This year Human Rights meetings will take place every other month (January, March, May, July, September, and November) on the fourth Monday at 7 PM. There will be a meeting in July in place of participation in the Crystal Frolics parade. IV. Goals for 2011 -Recruit new members -Domestic Partner Registration -Invite guest speaker Phil Duran (Legal Director, Outfront Minnesota) to speak to HRC and city council -Invite the Minnesota League for a luncheon hosted by the commission V. For the time being, the commission will not be hosting movie nights as they have in the past. Announcements Sara Wahba will be leaving the commission in April. The annual commission appreciation dinner will be in April. The meeting was adjourned at 7:52 PM. Respectfully submitted, Meredith Torres -Walsh APPROVED 5/23/11 Minutes of the May 23, 2011 Crystal Human Rights Commission The meeting was called to order at 7:00 PM. Present: Elisa Oliva, Meredith Torres -Walsh, Jason Smith, Joe Hulbert, Lorraine Diedrichs, Maura Prescher Also present: John Budziszewski, City Council Liaison, and Kim Therres Absent: Sarah Hagen • The January minutes were read and approved as submitted. • The committee held a discussion on the Domestic Partner Rights. Jason will head the committee. • The Human Rights brochure was discussed. • Councilmember Janet Moore gave a Water Quality — Rain Garden presentation. Announcements Meetings will be every other month for the next few months this year. There will be an informal meeting at EI Loro on June 21 st to get to know the new members. Elisa will invite either Phil Duran or Monica Meyers for the Monday, July 25, 2011, at 6:30 PM potluck meeting. The meeting was adjourned at 9:00 PM Respectfully submitted, Meredith Torres -Walsh Crystal Human Rights Commission meeting minutes July 25, 2011 6:30 pm Attending: Elisa Oliva, Jason Smith, Maura Prescher, Lorraine Diederichs, John Budiszewski Presentation regarding Domestic Partnership Ordinances from Phil Duran, Legal Director of OutFront Minnesota. Motion was approved to accept the draft ordinance and forward it to the City Attorney and City Council for further action. Jason Smith will forward to City Manager Anne Norris, Mayor ReNae Bowman and will copy Commission Chair Elisa Oliva. Discussion regarding Human Rights Commission brochure. Some changes were noted. Motion was approved to proceed with brochure as amended. John Budiszewski has all the corrections and additions noted. Motion was approved to accept minutes as presented from the May 23, 2011 Commission meeting. New business: Elisa will arrange for a guest speaker for the next meeting, scheduled for September 26, 2011. The statewide Human Rights Commission conference will be held on December 2, 2011 and Commission members are invited to attend. The Crystal HRC has a small library of books and DVDs on human rights issues available for checkout. Adjourn ORDINANCE NO. 11-03 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE CONCERNING REGISTRATION OF DOMESTIC PARTNERS THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: SECTION 1. Chapter 2 of the Falcon Heights City Code is amended by adding Article VIII to read: ARTICLE VIII. Domestic Partners 2-150 Purpose. The City of Falcon Heights 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 Falcon Heights and who share a life together may document their relationship. Falcon Heights' Domestic Partner ordinance is a City ordinance and does not create rights, privileges, or responsibilities that are available to spouses under state or federal law. The City of Falcon Heights 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. 2-151 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. 15803602 RNK:07/01/2011 8. At least one of whom resides in Falcon Heights or is employed in Falcon Heights. 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 Falcon Heights, and regardless of whether partners in either circumstances have sought further registration with the City of Falcon Heights: 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 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. 2-152 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. 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. 158036v02 2 RNK:07/01/2011 2-153 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. 2-154 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 sends the other partner written notice, on a form provided by the City, that he or she is terminating the partnership and files the notice of termination and an affidavit of service of the notice on the other partner together with a fee with the City Clerk. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect from and after its passage. ADOPTED this 27th day of July, 2011, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS RW ATTEST: Justin Miller, City Administrator/Clerk 158036v02 RNK:07/01/2011 Peter Lindstrom, Mayor Exhibit 1 Member�_ moved and Member following Ordinance, which was given its first cern seconded a motion that the y second reading this da o g on June 7, 2011, be given its — 2011, and that it be adopted. TH_ — , ..,-r t`UL5131NSDALE DOES ORDAIN added to the Robbinsdale City Code: that the following section is to be ORDINANCE NO. 11-08 Section #### -Domestic Partnershi Re is ####.O1 Domestic Parinershi s. Subd. 1. P u_pr ose and findine. The City of Robbinsdale hereby authorizes and establishes a volun Partnerships, The domestic tart' prog'� of registration of domestic who reside in Robbinsdale and who sip re i life land home a means by which co relationship, re committed couples and enjoy recognition of and respect for their human rights Emay stablishing their registry may provide convenience for domestic documentation of their domestic partners seekin g s • partnership. g to provide Subd. 2. Def�ns The following terms used in this Code have t given in this Section: he meanings "Domestic Partners." Two adults who meet all the following: 1. are not related by blood closer than permitted under marriage lawsof th 2. are competent to enter into a contract, estate; 3. are jointly responsible to each other for the necessities of life; 4. are committed to one another to the same extent as married persons are other, except for the traditional marital status and solemnities; to each 5. do not have any other domestic partner(s); 6. are both at least 18 years of age; and 7. reside in 'a shared residence in the City of Robbinsdale. "Domestic Partnership." The relationship of twoerso registered as Domestic Partners, p ns who are currently- Subd. 3. Registration— The City Clerk shall accept an application in a form the City to register domestic partners who assert in such application that they provided by definition of domestic p�'tners. The application shall contain the following meet the "The City does not provide legal advice concerning domestic wing statement: and registrants may wish to consult with an attorney for such advice r hips. Applicants limited to: wills, medical matters, finances, powers of attorney,t medical, health care and employment benefits." mg but not children and dependents, the license fee set b A The application must be accompanied by issued identification card identifyingach legal nner ameshall also be required to provide a state address, and birth date. The fees for ft. Providing certified copies of registrations and terminations of partnerships shall be set by Aupe_ radix B. The City Clerk shall provide the registration certificate to the partners along with a requested number of certified copies. The- registration certificate may be used as evidence of the existence of a Domestic of Partnership. The City Clerk shall keep a record all registrations of domestic partnership and notices of termination. The records shall be maintained so that notices of termination are filed with the registration of domestic partnership to which they pertain. The application, 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. Subd. 4. Termination. (a) A domestic partnership terminates when the earliest of the following occurs: 1. either partner dies; or ?. forty-five (45) days after one partner: (A) sends the other partner written notice of termination of 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 b sending the documents by Certified Mail. y (b) Upon death of a partnerreceipt of a uali in notice of the City Clerk will notify on the face of the registration certificate that Domestic rmination� Partnership has been terminated. Section 2. That the following summary clearly informs the public of the intent and effect of the ordinance and is approved for publication: "The purpose of this ordinancresidents.,, is to institute a Domestic Partnership Registry for Robbinsdale First Reading: YEAS: Backen, Blonigan, Rogan; NAYS: Selman, Mayor Holtz Second Reading: YEAS: NAYS: Passed by the ' City Council this da of y ------ 2011. 2011. ATTEST: Tom Marshall, City Clerk Michael A. Holtz, Mayor 31