07-25-2013 Charter Packet - Laserfiche WebLink

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Proposed changes to the Charter Amendment to Section 4.02 Comments: The dates in the existing Charter Section 4.02 match those in state law for many elections. (Minn. Stat. § 205.13) The legislature is forever changing state law, though, and some of the new requirements apply to charter cities and some do not. Tying the Charter language to state law would standardize the dates, without further need to amend the Charter. The language proposed by the city council is fine. If the Charter Commission wishes to further clarify the Charter, it may propose the language below instead. The language below eliminates potential arguments about which filing period applies. Proposed language: Section 4.02. Filing for Office. No earr thali swciity (70) days a,id slut laic, Cu fifty six (5G) days bBefore any municipal election, any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee to the City Clerk in an amount as set by ordinance, or by means otherwise permitted by state law, have his/her name placed on the municipal election ballot. The filing period shall be as established by Minnesota state law for statutory cities. Amendment to Section 8.04, Subdivision 2 Comments: Again, the language proposed by the city council is fine. However, in speaking with Charter Commission members, I recall that the intent was to have the special assessment issue on the next general election ballot. If there was not going to be a general election within a reasonably short period of time, then a special election would be called. General elections are preferred, because the city's share of the election costs is lower, and because general elections tend to have a higher voter turnout than special elections. The language below clarifies that the matter should be submitted at the next general election. Only if no general election is expected, should a special election be called. Proposed language: Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less than one hundred (100%) percent of the estimated cost of the proposed improvement is to be paid for by special assessments, connection charges, or any outside funding sources other than the City general fund, the Council shall withiu ode 1 t idicd .. _, submit the proposed local improvement and its assessment formula to the voters of the City at the next general election. If no general election is scheduled .. - . . • .. . .. .. . . .. .. . .. .. ..1