6.1.
CC Regular Session
- Meeting Date:
- 11/26/2019
- Submitted For:
- Jo Thieling
- By:
- Jo Thieling, Administrative Services
Information
Title:
Public Hearing to Consider Amending Chapter 4 of the City's Charter (Nominations and Elections) and Introduce Ordinance #19-15: An Ordinance amending the City Charter by repealing and Replacing Chapter 4 - Nominations and Elections
Purpose/Background:
Purpose: The purpose of this case is for the City Council to review the recommendation of the Charter Commission to amend Chapter 4 of the City's Charter, Nominations and Elections, hold a public hearing on the proposed amendment and, if all of Council votes in favor, to introduce Ordinance #19-15 to formally commence the Charter amendment. In summary, the purpose of the ordinance amending the Charter would be to simplify and clarify City election procedures.
Background: Chapter 4 of the City's Charter concerning election procedure has been problematic for some time, in part because it conflicts with State election law. The Charter Commission discussed Chapter 4 at length in February and provided direction to staff in terms of amendments. In October, the Commission discussed various options for replacement language with the intent to clarify and simplify election procedures and make them conform with current state law. The proposed ordinance (attached) contains the Commission's recommended replacement language for Chapter 4. Pursuant to State law, the Charter can be modified without going to a public vote if the ordinance receives unanimous approval by the Council.
State law lays out the timeline as follows: Upon recommendation of the Charter Commission, the City Council may enact a Charter amendment by ordinance. Within one month of receiving a recommendation to amend the Charter by ordinance, the City must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The City Council must hold the public hearing on the proposed Charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the City Council must vote on the proposed Charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the City Council and is approved by the Mayor and published as in the case of other ordinances. An ordinance amending a City Charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance.
The timelines have been met thus far. The recommendation was made by the Charter at their October 17 meeting. A public hearing notice was published on Friday, November 8 (attached). The public hearing is being held this evening, November 26, as is the introduction of the ordinance. If the ordinance receives a unanimous vote to move forward, the ordinance will be on the December 10 City Council meeting for a roll call vote for adoption. The ordinance will then be published in the City's official newspaper on December 13, 2019, which will begin the 90 day effective period. With these timelines, the City's Charter will be amended effective on or about March 13, 2020.
Background: Chapter 4 of the City's Charter concerning election procedure has been problematic for some time, in part because it conflicts with State election law. The Charter Commission discussed Chapter 4 at length in February and provided direction to staff in terms of amendments. In October, the Commission discussed various options for replacement language with the intent to clarify and simplify election procedures and make them conform with current state law. The proposed ordinance (attached) contains the Commission's recommended replacement language for Chapter 4. Pursuant to State law, the Charter can be modified without going to a public vote if the ordinance receives unanimous approval by the Council.
State law lays out the timeline as follows: Upon recommendation of the Charter Commission, the City Council may enact a Charter amendment by ordinance. Within one month of receiving a recommendation to amend the Charter by ordinance, the City must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The City Council must hold the public hearing on the proposed Charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the City Council must vote on the proposed Charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the City Council and is approved by the Mayor and published as in the case of other ordinances. An ordinance amending a City Charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance.
The timelines have been met thus far. The recommendation was made by the Charter at their October 17 meeting. A public hearing notice was published on Friday, November 8 (attached). The public hearing is being held this evening, November 26, as is the introduction of the ordinance. If the ordinance receives a unanimous vote to move forward, the ordinance will be on the December 10 City Council meeting for a roll call vote for adoption. The ordinance will then be published in the City's official newspaper on December 13, 2019, which will begin the 90 day effective period. With these timelines, the City's Charter will be amended effective on or about March 13, 2020.
Notification:
A public hearing notice was published in the Anoka Union Herald on Friday, November 8, 2019.
Observations/Alternatives:
Observations: The Charter Commission reviewed Chapter 4 in its entirety and determined the amendments suggested would clarify and simplify the elections process and come into compliance with the State election law. A primary election serves as a method to ensure that the final candidate receives a majority of the votes cast. Without a primary, a candidate may be elected with the most votes among multiple candidates, but it may be less than a majority of votes cast. For example, among 5 candidates, a candidate could prevail with less than 50% of the votes cast.
Alternatives: The Council must unanimously vote in favor of the ordinance for this amendment to pass. If Council does not agree with the amendments, they may make suggestions and send back to the Charter Commission for further review.
Alternatives: The Council must unanimously vote in favor of the ordinance for this amendment to pass. If Council does not agree with the amendments, they may make suggestions and send back to the Charter Commission for further review.
Funding Source:
N/A
Recommendation:
Staff is recommending the Council accept the ordinance as drafted by the Charter Commission and the City Attorney.
Action:
Hold the public hearing.
- and -
Motion to introduce Ordinance #19-15 An Ordinance Amending the City Charter by Repealing and Replacing Chapter 4 - Nominations and Elections.
- and -
Motion to introduce Ordinance #19-15 An Ordinance Amending the City Charter by Repealing and Replacing Chapter 4 - Nominations and Elections.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Kurt Ulrich | Kurt Ulrich | 11/21/2019 10:02 AM |
- Form Started By:
- Jo Thieling
- Started On:
- 11/07/2019 01:06 PM
- Final Approval Date:
- 11/21/2019