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HomeMy WebLinkAboutOrdinance - 55-87 - Amending City Code 2.07 Relating to Regular, Special, Emergency and Recessed Meeting of the Council - 11/03/1987 f ORDINANCE NO. 55-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2. 06 RELATING TO REGULAR COUNCIL MEETINGS AND SECTION 2.07 RELATING TO SPECIAL COUNCIL MEETINGS; AND ADDING NEW SECTION 2.071 RELATING TO EMERGENCY MEETINGS, SECTION 2. 072 RELATING TO RECESSED MEETINGS, AND SECTION 2 . 073 RELATING TO FAILURE TO COMPLY; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code Chapter 2, Section 2.06 shall be amended to read as follows: SEC. 2.06. REGULAR COUNCIL MEETINGS. Regular meetings of the Council shall be held in the Council Chambers on the days and hours fixed by resolution of the Council. [A schedule of the regular meetings of the Council shall be kept on file at the City • Hall. Any regular meeting to be held at a time or place differ- ent from the time or place stated in the schedule of regular meetings shall receive the same notice as a special meeting. ] Section 2. City Code Chapter 2, Section 2.07 shall be amended to read as follows: ,by the Mayer e-r- b- any twe members of the Geunell by wrAing wed wit the G14y G „r Treasi=rer wh$ shall the l -a netiee to el-1 me ; ra of the time, plaee aFA piarpese of Fneeting -at least ene (I ) day befere the Fneeting. Ci-t-y creek Treasurer shall alse pest -a Retiee of special meeting In the elty Hall where ether netlees are generally pested.- -1- L Subd- -3- Efnergeaeyr N-e� 6-f epeeial meeting may be tt t len—r 3T} d tar:::i___a g what teen5titutes sueh an , the �v'uizci-r e • l shall be guided byi ar, ,ti,a � 6� ether- the sitcza lien £allS f-$r- immediate aetlen invelviRq 4h$ r„-e eet---- 6-f the publie i health er safety;- [SEC. 2.07 SPECIAL MEETINGS. Subd. 1 . Special meetings may be called by the mayor or by any two (2) members of the Council by a writing filed with the City Clerk-Treasurer. Subd. 2. Notice to Council members. The City Clerk- Treasurer shall send written notice to all council members of the time, place and purpose of a special meeting, except an emergency meeting, at least three ( 3) days before the meeting. • Subd. 3 . Notice to Public. For all special meetings, except emergency meetings or special meetings for which a notice requirement is otherwise expressly established by statute, the City Clerk-Treasurer shall post, at least three ( 3 ) days before the date of the meeting, a written notice of the date, time, place and purpose -of the meeting in the City Hall where other notices are generally posted. Subd. 4. Notice Pursuant to Special Request. Any per- son may file a written request for notice of special meetings with the City. A person filing a request for notice of special meetings may limit the request to notification of meetings con- cerning particular subjects, in which case written notice as pro- -2- 4 vided below need be given to that person concerning special meetings involving those subjects only. Each written request shall expire December 31 of each year and must be ref iled to remain effective. Prior to December 31 of each year, the City Clerk-Treasurer shall send out notices of the refiling require- ment- to each person who filed during the previous year. The City Clerk-Treasurer shall mail or otherwise deliver a written notice of special meetings, at least three (3 ) days before the date of the meeting, except an emergency meeting, to each person who has filed a request therefore. As an alternative to mailing notices to persons who have filed written requests, the City may publish the notice once, at least three (3 ) days before the meeting in the official newspaper or, if there is none, in a qualified news- paper of general circulation within the City. Subd. 5 . Actual Notice. If any person receives actual notice of a special meeting at least twenty-four (24) hours prior to the meeting, all notice requirements of this section are sat- isfied with respect to that person. ] Section 3 . City Code Chapter 2 shall be amended by adding Section 2.0.71 to read as follows: [SEC. 2.071 EMERGENCY MEETINGS. Subd. 1 . An "emergency" meeting is a special meeting called because of circumstances that, in the judgment of the Council, require immediate consideration. In determining what constitutes an emergency, the Council shall be guided by consid- -3- erations of whether the situation calls for immediate action involving the protection of the public peace, health or safety. Subd. 2. Notice. Mailed notice to council members is not required for an emergency meeting. Posted public notice is not required for an emergency meeting. After notice of an emer- gency meeting has been given to the Council members by telephone or any other method, the Clerk-Treasurer shall make good faith efforts to provide notice of an emergency meeting, by telephone or by any other method used to notify the members of the Council, to each news medium which has filed a written request for such notice pursuant to Sec, 2.07 , Subd. 4, provided such request includes the news medium' s telephone number. Subd. 3 . If the Council discusses or acts upon matters not directly related to the emergency meeting, the minutes of the • meeting shall include a specific description of such matters . ] Section 4. City Code Chapter 2 shall be amended by adding Section 2 . 072 to read as follows: [SEC. 2.072 RECESSED MEETINGS. Subd. 1 . If a meeting is a recessed or continued ses- sion of a previous meeting, and the time and place of the meeting was established during the previous meeting and recorded in the minutes of that meeting, then no further published or mailed notice is necessary. ] Section 5 . City Code Chapter 2 shall be amended by adding Section 2.073 to read as follows: -4- [SEC. 2.073 FAILURE TO COMPLY. Failure to comply with any provision of Sections 2.07 , 2.071, and 2.072 shall not constitute a violation subjecting the person who fails to comply to a fine or penalty, unless the failure to comply is willful and deliberate. ] Section 6 . City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7 . This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of November , 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of November 1987. ATTEST: rUBLI lerk ayor SHED in the Eden Prairie News on the 6th day of January 1981. RAP2 8457-2 10-7-87 -5- ORDINANCE NO.55-87 PUBLIC NOTICE AN ORDINANCE, OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 $Y AMENDING SECTION 2.06 RELATING TO REGULAR COUNCIL MEETINGS AND SECTION 2.07 RELATING TO SPECIAL COUNCIL MEETINGS; AND ADDING NEW SECTION 2.071 RELATING TO EMERGENCY MEETINGS, SECTION 2.072 RELATING TO RECESSED MEETINGS MEETINGS, AND SEC- TION 2.073 RELATING TO FAILURE TO COMPLY; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. THE COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section S Eden Prairie City Code Affidavit of Publication Chapter 2,Section 2.06 shall be amended to read as follows:SEC. 2.06. REGULAR COUNCIL Southwest Suburban Publishing Inc. MEETINGS. Regular meetings of the Council shall be held in the Council Chambers on the days and hours fixed by resolution of the Council. (A schedule of the regular meetings of the Council shall be kept on file at the City Hall. Any ` regular meeting to be held at a time or State of M in nesota ) place diferenent from the time and place )SS. stated in the schedule of regular meetings shall receive the same notice as Countya special meeting.) of Hennepin Section 2.City Code Chapter 2,Section 2.07 shall be amended to read as follows: (SEC.2.07 SPECIAL MEETINGS. Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper]mown as Subd. 1. Special meetings may be the Eden Prairie News and has full knowledge of the facts herein stated as follows: called by the mayor or any two (2) (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided by members of the Council by a writing filed 11Lnnesota Statute 331A.02,331A.07,and other applicable laws,as amended. with the City Clerk-Treasurer. (B)The printed public notice that is attached to this Affidavit and identified as No. ,was published on the date *ee , 2. Notice t0 Council members. or dates and in the newspaper stated in the attached Notice,and said Notice is er }m rporated as part of this y Clerk-Treasurer shall send fidavit.Said notice was cut from the columns of the newspaper specked Prin ed below is a copy of the lowotice to all Council members of alphabet from A to Z,both inclusive,and is hereby acknowledged as being a ndsize of type used inthe compo place and pmrpos pMalI and publication of the Notice: except an emergency meeting, abcdefghijklmnopgrs at least three (3) days before the meeting. Subd. 3. Notice to the Public. For all special meetings, except emergency By' meetings or special meetings for which a stdh Rolfsrud,Publisher notice requirement is otherwise ex- pressly established by statute, the City Subscribed and sworn before me on Clerk-Treasurer shall post at least three (3)days before the date of the meeting,a written notice of the date, time and purpose of the meeting in the City Hall where other notices are generally posted. this _ day of Subd. 4. Notice Pursuant to Special Request. Any person may file a written request for notice of special meetings BECKYSCOTT with the City.A person filing a request for �` N0TARY pug�fANNE90TA notice of special meetings mau limit the -- SCOTTCOUNTY request to notification of meetings w M`100WwWE)RPZS8.2� concerning particular subjects,in which case written notice as provided need be given to that person concerning special meetings involving those subjects only. RATE INFORMATION Each written request shall expire December 31 of each year and must be Lowest classified rate paid by commercial users for comparable space....$7.00 per column inch refiled to remain effective. Prior to Maximum rate allowed by law for the above matter......................................$7.00 per column inch December 31, of each year, the City Clerk-Treasurer shall send out notices of Rate actually charged for the above matter...................................................$4.94 per column inch the refiling requirement to each person who filed during the previous year.The City Clerk-Treasurer shall mail or otherwise deliver a written notice of special meetings,at least three (3)days before the date of the meeting,except an emergency meeting,to each person who has filed a request therefore. As an alternative to mailing notices to persons who have filed written requests,the City may publish the notice once, at least three (3)days before the meeting in the official newspaper or,if there is none,in a qualified newspaper or general cir- culation within the City. Subd. 5. Actual Notice. If any person receives actual notice of a special meeting at least twenty-four hours (24) hours prior to the meeting, all notice 'requirements of this section are satisfied with respect to that person.) Section 3.City Code Chapter 2 shall be amdended by adding Section 2.071 to read sfollows: tSEC. 2.071 EMERGENCY ETINGS. Subd.1.An"emergency"meeting is a -pecial meeting called because of cir- cumstances that,in the judgement of the Council, require immediate con- ideration. In determining That con- stitutes an emergency,the Council shall be guided considerations whether the situation calls for immediate actions involving the protection of the public peace,health or safety. Subd.2.Notice.Mailed notice to council members is not required for an emergency meeting.Posted public notice is not required for an emergency meeting. after notice of an emergency meeting has been given to the Council members by telephone or any other method,the Clerk-Treasurer shall make good faith efforts to provide notice of an emergency meeting,by telephone or by any other method used to notify members of the Council, to each news medium which has filed a written request for such notice pursuant to See. 2.07, Subd. 4, provided such a request includes the news medium's telephone number. Subd.3.If the Council discusses or acts upon matters not directly related to the emergency meeting, the minutes of the meeting shall include a specific description of such matters.) Section 4.City Code Chapter 2 shall be amended by adding Section 2.072 to read as follows: (SEC.2.072 RECESSED MEETINGS. Subd. 1. If a meeting is a recessed meeting or continued session of a prrvir,,is nneeting, _anl t1— t nne �nd the? d_i r In t h-.-, o rt.i e jj me�:t in a F. and recc,rded in tbe mtnute�of that meeting, th= r,,:k furtl -r pubIL-t,&I or mail-Ed notice is necessary.) Section 5.City Code Chapter 2 shall be amended by adding Section 2.073 to read as follows: (SEC. 2.073 FAILURE TO COMPLY. Failure to comply with any provisions of Sections 2.07, 2.071 and 2.072 shall not constitute a violation subjecting the person who fails to comply to a fine or penalty'unless the failure to comply is willful and deliberate). Section 6.City Ccde Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Cede In- cluding Penalty for Violation" and Section 2.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7.This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,1987,and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,1987. ATTEST: John D.Frane Gan,Peterson City Clerk Mayor (Published in the Eden Prairie NeTs Wednesday,Januar- y 6,1988;No.4934)