06.03.10 Section 4 AmendmentsDATE:
TO:
FROM:
RE:
June 3, 2010
Mayor and City Council
Anne Norris, City Manager t LA-11
Proposed Charter Amendments — Section 4 Regarding Elections
During this year's session, the Legislature changed the law regarding primary
elections so primary elections are now in August.
In April, the Crystal Charter Commission met to discuss changes necessary to
the Charter to comply with the new election legislation. The Charter Commission
recommended the following changes:
Section 4.03 — Added language referencing State law on the date for
primary elections; and
Section 4.08 — Revised language providing for withdrawal of candidates to
be consistent with State law.
In addition, the Charter Commission recommended adding Section 4.10 providing
for filing fees greater than outlined in State law. This is legal and other charter
cities do charge higher fees, generally as a way to discourage "frivolous" filings.
Attached is a copy of the ordinance making these recommended amendments to
the Charter. A public hearing by the Council on the proposed ordinance is
scheduled for June 15.
As always, please let me know if you have questions.
Attach:
ORDINANCE NO.
AN ORDINANCE RELATING TO THE CRYSTAL
CITY CHARTER AMENDING SECTIONS 4.03 AND 4.08 AND ADDING A NEW
SECTION 4.10
THE CITY OF CRYSTAL ORDAINS:
Section 1. Background-, findings; authority.
1.01. The City of Crystal (City) is governed by home rule charter adopted pursuant to the
Constitution of the State of Minnesota and Minnesota Statutes Chapter 410, as a>nended (Act).
1.02. The Charter Commission of the City has proposed the adoption of amendments
(Amendments) to the charter and recommended to the City Council that the Amendments be
adopted by City Council ordinance in the manner prescribed by Section 410.12, subdivision 7, of
the Act. The form of the Amendments is set out in Section 2.02.
1.03. A public hearing on the Amendments was held on , 2010 by the City
Council after two weeks' published notice containing the text of the Ainendments as required by the
Act. The notice contained a brief description of the nature and scope of the Amendments. All
persons desiring to be heard with reference to the Amendments were heard at the public hearing.
1.04. The Council finds and determines that it is in the best interests of the City and its residents
that the Amendments be adopted.
Section. 2 Adoption, date, filing_
2.01. The Amendments as proposed by the Charter Commission are adopted.
2.02. The text of the Amendments is as follows: (New language underlined: deleted language
lined through)
"Section 4.03. Primary Election. If the names of three or more persons have been filed
as candidates for a ward or section election, or for any citywide office, the council must
provide by resolution for a primary election to be held citywide or in the ward or section.
The primary election is held on a date not less than 25 days prior to the regular city election
as required by Minnesota Statutes, 20413.35, subd.4 and 204B.39, as amended. Notice of the
primary election is given in the same manner as provided in section 4.02 for regular
elections. Failure to given notice of the primary election does not invalidate the election."
"Section 4.08. Withdrawal of Candidate. A person nominated as a candidate pursuant
to this chapter may withdraw as a candidate by filing an affidavit of withdrawal written
request to withdraw with the city clerk by 5:00 p.m. no later than 12 o'clock noon on the day
following two da_ sy after the last day for filing. The name of a candidate who has withdrawn
may not be printed on the election ballot if a withdrawal reduces the number of candidates to
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less than two; other nominations for the office may be filed not later than 6-3 70 days prior to
the election."
"Section 4.10. Filing Fees. The City Council may, by, ordinance detennine a filing fee
for candidate filings for election for the positions of mayor and councilmember."
2.03. This ordinance is effective 90 days after its publication, except that if within 60 days after
publication a petition requesting a referendum on this ordinance, signed by the number of registered
voters of the City required by the Act is filed with the City Clerk, this ordinance will not be
effective until approved by 51 % of the voters voting on the question of its adoption at a general or
special election called by the Council for that purpose.
2.04. On the effective date of the Amendments, the City Clerk is authorized and directed to file
copies of the Amendments with the Secretary of State of the State of Minnesota, the Hennepin
County Recorder, and the City Clerk's office together with the certificate required by Section 410.11
of the Act.
Passed by the City Council of the City of Crystal, Minnesota this _ day of
, 2010.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
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