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The original item was published from 9/27/2019 10:19:00 AM to 9/27/2019 12:13:25 PM.

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Posted on: September 26, 2019

[ARCHIVED] Notice of Proposed Amended Ordinances

Image of a post-it note that reads "Public Notice" pinned on a bulletin board.

Laws of Minnesota 2017, Chapter 77, created a new law in Minnesota Statutes, Chapter 415, that would require certain types of notice for many proposed ordinances or proposed amendments to ordinances. Only interim ordinances have been exempted from this notice requirement.  Click the following links to view the proposed ordinance amendment that was proposed at the September 23, 2019, City Council meeting:

Ordinance No. 137, Fourth Series


SECTION 1.    The City Charter is hereby amended by inserting the underlined language and deleting the overstruck language as shown below:



Section 4.01 Conduct of Elections

All City elections shall be held and conducted and the votes canvassed in the manner provided by law.

Section 4.02 General Election

The City General Election shall be held on the first Tuesday after the first Monday in November in every even-numbered year at such place or places as the Council may designate. The City will utilize Ranked-Choice Voting for all City elections.

Section 4.03 Primary Election

Effective in the 2022 elections, the City will implement Ranked-Choice Voting, eliminating the need for a City Primary Election.The City Primary Election shall be held on the same date as the state primary election as determined by state statute at such place or places as the Council may designate. The city clerical officer shall place upon the City Primary Election ballot, >Nithout party designation, the names of individuals

>Nhose candidacy has been filed. The t>No candidates receiving the highest number of votes for any single office shall be placed on the City General  Election  ballot  as nominees for that office. 'A'hen no more than t>No individuals file for nomination to any single office, their names shall not be placed upon the City Primary Election but shall be placed upon the City General Election ballot as the nominees for that office  and no Primary Election for that particular office shall be held. The City will conduct the State Primary Election in accordance with state statute at such place or places as the Council may designate.

Section 4.04 Filing

Not more than 10 nor less than 8 weeks before the General City Primary Election any individual who is eligible and desires to become a candidate for either the office of Mayor or Council Member shall, upon payment of the fee established by law, file an Affidavit of Candidacy with the city clerical officer.

In addition, the city clerical officer shall also accept, without the payment of any fee, a Nominating Petition signed by at least 100 registered voters for the office of Mayor and Council Member-at-Large, 75 registered voters for the combined ward Council Members, and 50 registered voters for a Council Member elected from a ward, provided that the individual on whose behalf the petition has been circulated endorses the petition with a statement indicating his/her willingness to accept the office if duly elected. All signers of a petition to be counted as valid must be registered voters within a precinct eligible to vote for that particular office. No registered voter shall sign more than one petition for a particular office and should a voter do so, his/her signature shall be valid only as to the petition or petitions first filed.

All Affidavits of Candidacy and Nominating Petitions must be filed no later than 4:30 pm on the day filings close. Any candidate may withdraw from the election by filing an Affidavit of Withdrawal with the city clerical officer by 12:00 noon on the day after the day filings close.

Section 4.05 Special Elections

The Council may by resolution order a special election utilizing Ranked-Choice Voting as the election process. and provide all means for holding it. No primary shall be required in a special election held under this section. All other procedures at such election shall conform as nearly as possible to that prescribed for other municipal elections.

Section 4.06 Affidavit of Candidacy

Any Affidavit of Candidacy or Nominating Petition to be valid must state the name of the office sought; shall state that the candidate is an eligible voter and is, or will be on assuming the office, 21 years of age; has no other affidavit on file as a candidate for any office to be elected at the next ensuing City General Election or any other election to be held in conjunction therewith that would be deemed to be in conflict with the City office sought; will have maintained residence in the City if seeking the office of Mayor or Council Member: at-Large, in one of the two combined wards for the combined ward Council Member seats, or in the respective ward if seeking the office of Council Member from a ward for at least 30 days before the City General Election; and include a statement that the candidate's name as written on the affidavit of Candidacy or Nominating Petition is the candidate's true name or the name by which the candidate is commonly and generally known within the City.

Section 4.07 Forms

The city clerical officer shall be responsible for devising the form of the Affidavit of Candidacy and Nominating Petition consistent with the provisions contained herein and by law. Any Nominating Petition need not be appended to one paper, but to each separate paper there shall be attached an affidavit by the circulator thereof stating the number of signers on such paper and that each signature appended thereto was made in his/her presence and is the genuine signature of the person whose name it purports to be. With each written signature a place for the legible printed name of the signer and his/her place of residence in sufficient form is required so as to identify whether he/she is a valid registered voter.

SECTION 2: Effective Date. This ordinance shall be in full force and effect 30 days from the date of the 2020 General Election, assuming 51 percent of the votes cast are in favor of the Charter amendment in accordance with Minnesota Statutes Section 410.12, subdivision 4.

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