CONSENT AGENDA- Cathy Sorensen, City Clerk
Title
SECOND READING
CHAPTER 4.-NOMINATIONS AND ELECTIONS; CHAPTER 5.-INITIATIVE AND REFERENDUM; CHAPTER 7.-TAXATION AND FINANCE; CHAPTER 10.-FRANCHISES; AND CHAPTER 11.-PUBLIC OWNERSHIP AND OPERATION OF UTILITIES OF THE BLAINE CITY CHARTER
Background
The Charter Commission met on September 12, 2017, to review proposed amendments to the City Charter as outlined below. Most changes were either housekeeping in nature or incorporated as part of the 2017 omnibus elections bill adopted this last session:
• Removing requirement to physically post election notices in all 24 voting precincts
• Identify dates on which special elections can be held as provided by State law
• Clarifying the minimum number of election judges per State law
• Amending days primary election canvass can be conducted consistent with State law
• Clarifying calculation of days required to submit additional signatures for petition correction
• Clarifying dates for referendum to be placed on a ballot
• Updating term “electors” to “registered voters” or “eligible voters” throughout all Chapters
The Charter Commission did hold discussions both in 2016 and again in September about the potential of changing the threshold of the number of signatures needed to file petitions but ultimately decided to leave the language unchanged. The Charter Commission voted unanimously to recommend adoption of the proposed Charter amendments and per Statute a public hearing notice was published on September 22 within one month of receiving the recommendation. Statute requires that Council must vote on any proposed amendments within one month of the public hearing which was held along with first reading on October 19. No comments were received at the public hearing. Since first reading two minor corrections have been made to Sections 4.05 and 5.10 that were missed regarding qualified versus registered voters.
Recommendation
Hold second reading and adopt the proposed Charter amendments by unanimous vote of the seven-member Council.
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
CHAPTER 4. - NOMINATIONS AND ELECTIONS
Sec. 4.02. - Regular municipal elections.
A regular municipal election shall be held on the first Tuesday after the first Monday in November of the year in which an election is to be held at such place or places as the city council may designate by resolution. At least fifteen (15) days' notice shall be given by the city clerk of the time and places holding such election, and of the offices to be elected, by posting a notice in a conspicuous place thereof [in at least one (1) public place in each precinct or precincts where the election is held] at City Hall, online including but not limited to the City’s website, and by publishing a notice thereof at least once in the official newspaper of the city, but failure to give such notice shall not invalidate such election.
Sec. 4.04. - Special elections.
The council may, by resolution, order a special election and provide all means for holding it. Published notice of a special election shall be given in the official newspaper at least two (2) weeks prior to such special election. The procedure at such election shall conform as nearly as possible to that prescribed for other municipal elections, except that there shall be no primary election prior to a special election held pursuant to section 2.05 of the charter of the City of Blaine. Dates on which a special election may be held are: second Tuesday in February, the second Tuesday in April, the second Tuesday in May, the second Tuesday in August, or the first Tuesday after the first Monday in November (general election date), or as otherwise allowed by Minnesota state law.
Sec. 4.05. - Judges of election.
The council shall at least twenty-five (25) days before each election, appoint [at least three (3)] qualified [electors] eligible voters for each voting precinct to be judges of election as required by Minnesota state law. The council shall set compensation for the election judges.
Sec. 4.06. - Candidate for office.
All candidates for office provided for by this chapter who desire to be elected to any elected office, shall file an affidavit not more than eighty-four (84) days nor less than seventy (70) days, or per Minnesota state law, prior to the primary election date, with the city clerk, paying the said officer a fee of fifty dollars ($50.00). Such affidavit or application shall state that the candidate is an eligible [qualified] voter of the City of Blaine and the name of the office for which such person is a candidate.
Sec. 4.08. - Canvass of elections and taking of office.
The council must meet and canvass the election returns made in the manner provided for the state primary so far as practicable. The canvass may be conducted on either the second (2nd) or [on the] third (3rd) calendar day after any primary election and between the third (3rd) and tenth (10th) day after any general (regular) or special election, or at such other time established by Minnesota state law and shall make full declaration of the results as soon as possible and file a statement thereof with the city clerk, and said statement shall be made a part of the minutes.
CHAPTER 5. - INITIATIVE AND REFERENDUM
Sec. 5.01. - Powers reserved by the people.
The people of Blaine reserve to themselves the power, in accordance with the provisions of this charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, to require such an ordinance when passed by the council to be referred to the [electors] registered voters for approval or disapproval. These powers shall be called the initiative and the referendum respectively.
Sec. 5.04. - Form of petition and of signature papers.
The petition for the adoption of any ordinance shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of voters equal to at least ten (10) percent of the total number of votes cast at the last preceding regular municipal election. All the signatures need not be on one signature paper but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be in substantially the following form:
"INITIATIVE PETITION
proposing an ordinance to ____________/____________/____________ (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. _____
This ordinance is sponsored by the following committee of [electors] registered voters:
The undersigned [electors] registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the council for its adoption, or, in lieu thereof, for its submission to the [electors] registered voters for their approval.
Sec. 5.05. - Filing of petition and action thereon.
All the signature papers shall be filed in the office of the city clerk as one instrument. Within five (5) days after the filing of the petition, the city clerk shall ascertain by examination the number of [electors] registered voters whose signatures are appended thereto and whether this number is at least ten (10) percent of the total number of [electors] registered voters who cast their votes at the last preceding regular municipal election. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify in writing one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. Calculation of the thirty (30) days begins on the date the notification letter is postmarked. If at the end of that period, the petition is found to be still insufficient or irregular, the clerk shall file it in the city clerk's office and shall notify each member in writing of the committee of that fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the ordinance to the [electors] registered voters at the next regular or any special election at its option.
Sec. 5.06. - Action of council on petition.
When the petition is found to be sufficient, the city clerk shall so certify to the council at its next meeting, stating the number of petitioners and the percentage of the total number of voters which they constitute, and the council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinances shall be finally acted upon by the council not later than sixty-five (65) days after the date upon which it was submitted to the council by the city clerk. If the council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the council to the vote of the [electors] registered voters, at the next regular municipal election; but if the number of signers of the petition is equal to at least fifteen (15) percent of the total number of voters voting at the last regular municipal election the council shall call for an [special] election upon the measure. Such special election shall be held not less than thirty (30) nor more than forty-five (45) days from the date of final action on the ordinance by the council or after the expiration of sixty-five (65) days from the date of submission to the council when there has been no final action; but if a regular election is to occur within three (3) months the council may submit the ordinance at that election. If the petition is submitted by July 1st of an even year, the question shall be placed on the next regular municipal election ballot. If the petition is submitted after July 1st of an even year, the Council shall order a special election to be held subject to Minnesota Election Law. If the council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the city clerk within ten (10) days of the passage thereof by the council, the ordinance need not be submitted to the [electors] registered voters.
Sec. 5.07. - Initiative ballots.
The ballots used when voting upon any such proposed ordinance shall state the substance of the ordinance and shall give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the [electors] registered voters voting on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the city. Any number of proposed ordinances may be voted upon at the same election but the voter shall be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of [electors] registered voters voting on the question shall prevail to the extent of the inconsistency.
Sec. 5.09. - Initiation of charter amendments.
Nothing in this charter shall be construed as in any way affecting the right of the [electors] registered voters under the constitution and statutes of Minnesota to propose amendments to this charter.
Sec. 5.10. - The referendum.
If prior to the date when an ordinance takes effect a petition signed by [qualified] registered voters of the city equal in number to fifteen (15) percent of the total vote at the last regular municipal election is filed with the city clerk requesting that any such ordinance be repealed or be submitted to a vote of the registered voters, the ordinance shall thereby be prevented from going into operation. The council shall thereupon reconsider the ordinance at its next regular meeting, and either repeal it or by aye and no vote reaffirm its adherence to the ordinance as passed. In the latter case the council shall immediately order a special election, to be held thereon, or submit the ordinance at the next regular municipal election, If the Council votes to reaffirm the ordinance by July 1st of an even year, the question shall be placed on the next regular municipal election ballot. If approved after July 1st of an even year, the Council shall immediately order a special election to be held subject to Minnesota Election Law, pending which the ordinance shall remain suspended. If a majority of the registered voters voting thereon favors the ordinance, it shall go into effect immediately or on the date therein specified.
Sec. 5.11. - Referendum petitions.
The requirements laid down in sections 5.04 and 5.05 above as to the formation of committees for the initiation of ordinances and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall read as follows:
"REFERENDUM PETITION
Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached, the proposed repeal is sponsored by the following committee of [electors] registered voters:
The undersigned petitioners, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the city, petition the council for its submission to a vote of the [electors] registered voters for their approval or disapproval.
CHAPTER 7. - TAXATION AND FINANCE
Sec. 7.13. - City indebtedness.
Except as provided in sections 7.14 and 7.15, no obligation shall be issued to pay current expenses, but the council may issue and sell obligations for any other municipal purpose in accordance with law and within the limitations provided by law. No such obligation shall be issued and sold without the approval of the majority of the [electors] registered voters of the city voting thereon at a general or special election, except obligations issued under sections 7.14 and 7.15, and obligations of kinds as to which state law provides that an election shall not be required to authorize them, and obligations authorized by state law to be issued by the city council without the express requirement of an election. When obligations are issued and sold pursuant to proper authorization, the proceeds are appropriated for expenditure for the purposes for which the obligations are authorized.
CHAPTER 10. - FRANCHISES
Sec. 10.02. - Term.
No exclusive or perpetual franchise shall ever be granted. No franchise for a term exceeding twenty (20) years shall be effective until approved by a majority of the [electors] registered voters voting thereon, at a general or special election.
CHAPTER 11. - PUBLIC OWNERSHIP AND OPERATION OF UTILITIES
Sec. 11.05. - Public utility; how sold.
No public utility owned by the city shall be sold or otherwise disposed of by the city unless the full terms of the proposition of sale or other disposition are embodied in an ordinance approved by a majority of the [electors] registered voters voting thereon at a general or special election. In the case of a water works or light plant, any sale, lease, or abandonment shall be subject, in addition, to the requirements of state law.
INTRODUCED AND READ in full the 19th day of October, 2017.
PASSED by the City Council of the City of Blaine this 16th day of November, 2017.