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Res 2013-12 RESOLUTION NO. 2013 - 12 A RESOLUTION SCHEDULING A PUBLIC HEARING ON AN ORDINANCE AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 4. NOMINATIONS AND ELECTIONS AND DIRECTING PUBLICATION OF PUBLIC HEARING NOTICE. WHEREAS,the Charter Commission has been reviewing Chapter 4. Nominations and Elections of the City Charter due to changes made by the 2010 Minnesota Legislature to ensure the Charter is consistent with Minnesota Election law; and WHEREAS, Minnesota Statute Section 410.12, Subd. 7 allows that by recommendation of the Charter Commission, the City Council may enact a charter amendment by ordinances; and WHEREAS, 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; and WHEREAS 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. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby schedules the public hearing on an ordinance amending Chapter 4 of the City Charter on March 25, 2013, at 7:30 p.m. in the Council Chambers of the City Council, 6431 University Avenue NE, Fridley, Minnesota; and BE IT FURTHER RESOLVED that the City Council of the City of Fridley hereby directs the City Clerk to publish the Notice of Public Hearing in the Fridley Sun Focus at least two weeks prior to the public hearing, as shown in Attachment 1. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF FEBRUARY 2013. _____________________________ Scott J. Lund, Mayor ATTEST: _________________________ Debra A. Skogen, City Clerk City of Fridley Public Hearing Notice Before the City Council Amendment to City Charter Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue NE on Monday, March 25, 2013 at 7:30 p.m. for the purpose of conducting a public hearing on the following amendment to the City Charter: ORDINANCE NO. ____ AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER ENTITLED NOMINATIONS AND ELECTIONS The City Council of the city of Fridley hereby finds, after review, examination and recommendation by the Fridley Charter Commission and staff, that the Fridley City Charter be hereby amended as follows: Section 1: That Section 4.04 be hereby amended as follows: Section 4.04. SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections and Minnesota Election Laws. Special elections for vacancies in the City Council shall be held in accordance with provisions of Section 2.06. Section 2: That Section 4.05 be hereby amended as follows: Section 4.05. JUDGES OF ELECTION. The Council shall at least twenty-five (25) days before each municipal election appoint two (2) eligible voters for each voting precinct to be election judges and one (1) registered voter to be head election judge; or as many election judges as may be determined by the City Clerk Council. No person signing or circulating a petition of nomination of candidate for election to office or any member of a committee petitioning for a referendum or recall shall be eligible to serve as a judge of such election. Section 3: That Section 4.07 be hereby amended as follows: Section 4.07. NOMINATION PETITIONS. The signatures to the nomination petition need not all be appended to one (1) paper, but to each separate paper there shall be attached an a notarized affidavit of the circulator thereof stating: (1) the number of signers of such paper, and (2) that each signature appended thereto was made in the circulator's presence, and (3) that it is the genuine signature of the person whose name it purports to be. With each signature there shall be stated the printed name, birth year, and address place of residence of the signer, giving the street and number or other description sufficient to identify the same. The nominee shall indicate by an endorsement upon the petition acceptance of the office if elected thereto. The form of the nomination petition shall be substantially as follows: NOMINATION PETITION We, the undersigned, registered voters of the City of Fridley, hereby nominate __________, whose residence is ___________________________, for the office of _________________, to be voted for at the election to be held on the ____ day of __________, _____; and we individually certify that we are registered voters and that we have not signed other nomination petitions of candidates for this office. Printed Name Birth Year Address Street and Number Signature __________ , being duly sworn, deposes and says, "I am the circulator of the foregoing petition paper containing _____ signatures and that the signatures appended thereto were made in my presence and are the genuine signatures of the persons whose names they purport to be." Subscribed and sworn to before me this ____ day of __________, _____. Seal _____________________________ Notary Public This petition, if found insufficient by the City Clerk, shall be returned to _______________, at Number ________________________________, Street Fridley, MN 554____. I hereby indicate my willingness to accept the office of _______________if duly elected thereto. ) Section 4: That Section 4.08 be hereby amended to become Section 4.09 and that new Section 4.08 be hereby enacted as follows: Section 4.08. WRITE-IN CANDIDATES A candidate for any city office who wants write-in votes for the candidate to be counted must file a written request with the filing office for the office sought no later than the seventh (7th) day before the primary, general or special municipal election. The city clerk shall provide the form to make the request. Section 5: That Section 4.09 be hereby amended as follows: Section 4.089. CANVASS OF ELECTIONS AND TAKING OF OFFICE. If more than two candidates filed for office, the Council must meet and canvass the primary election returns on the third calendar day after any primary election. The two candidates for each office who receive the highest number of votes shall be nominees for the office named. Their names shall be certified by the city clerk to the county auditor who shall place them on the municipal general election ballot without partisan designation. The Council shall meet and canvas the general (regular) election or special election returns between the third and tenth calendar days after any regular or special election, shall make full declaration of the results, and file a statement thereof with the City Clerk. Said statement shall be made a part of the minutes. This statement shall include: (a) the total number of good ballots votes cast; (b) the total number of spoiled or defective ballots; the total number of individuals registered before 7:00 a.m. on election day and the total number of individuals registering on election day; (c) the total votes cast for each candidate, with a declaration of those who are elected; (d) a true copy of the ballots used; (e) the names of the judges of election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons elected shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing with the City Clerk the required oath of office. Any persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763- 572-3523. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than Tuesday, March 20, 2013. The TDD number is 763-572-3534. /s/ Debra A. Skogen, City Clerk (Published: March 7, 2013 in the Fridley SunFocus)