04/25/2000 - City Council Special
AGENDA
SPECIAL CITY COUNCIL MEETING
TUESDAY
APRIL 25, 2000
5:00 P.M.
EAGAN MUNICIPAL CENTER
CITY COUNCIL CHAMBERS
1. ROLL CALL & AGENDA ADOPTION
IT. VISITORS TO BE HEARD
III. PRESENTATION BY EHLERS & ASSOCIATES
IV. DISCUSS LOCATIONS FOR ENTRY MONUMENTS
V. STREET REHABILITATION/OVERLAY
FINANCING POLICY
VI. PART III CIP (2001-2005) DISCUSSION
(EXCLUDES PARKS & REC. PART III)
VII. LOCAL PRIMARY DISCUSSION
VIII. OTHER BUSINESS
IX.. ADJOURNMENT
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MEMO
city of eagan
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: APRIL 18, 2000
SUBJECT: SPECIAL CITY COUNCIL MEETING/APRIL 25, 2000
A Special City Council meeting is scheduled for Tuesday, April 25, 2000 in the City Council Chambers
to:
1.) Receive a presentation by Ehlers & Associates
2.) Discuss locations for entry monuments
3.) Review the street rehabilitation/overlay financing policy
4.) Review Part III CIP (2001-2005)
There will be sandwiches available for a light lunch if the City Council would like to recess for a break
around 6:30 p.m.
PRESENTATION BY EHLERS & ASSOCIATES
The proposed redevelopment of the Cedar/Highway 13 area now referred to as the Village Plaza
Redevelopment Plan is comprehensive and will require the assistance of outside consultants. City staff
has asked Ehlers and Associates to put together a scope of services on how they can assist the City of
Eagan with redevelopment of the Cedarvale area and the realization of the vision for the Village Plaza
Redevelopment Plan. Attached without page number is a copy of the scope of services as a proposed
work plan for the Village Plaza project.
Springsted will continue to serve as the City's fiscal consultant for all other bonding and financing
matters.
ACTION TO BE CONSIDERED:
To consider retaining Ehlers & Associates to assist with the project management and advise the City
Council on the many steps required in implementing the Village Plaza Redevelopment Plan.
DISCUSS LOCATIONS FOR ENTRY MONUMENTS
One of the objectives under Goal 1. is to consider locations for entry monuments throughout the City.
The Planning staff has reviewed locations at major gateways into the community that could be suitable
for an entry monument.
There is not a budget for the acquisition of land or the design and cost for entry monuments. Attached
on pages through is a memo from Senior Planner Ridley regarding entrance monument
signage.
ACTION TO BE CONSIDERED:
To provide direction to City staff regarding locations for entry monuments.
STREET REHABILITATION/OVERLAY FINANCING POLICY
During 1999, the City Council held several workshop sessions to discuss and consider possible
revisions to the City's Special Assessment Policy regarding the reconstruction and rehabilitation of our
aging street infrastructure. As a result of those discussions, the Council directed staff to retain an
independent consultant appraiser and attorney to review the City's existing policy along with 5-6
representative projects and prepare a report providing opinions and recommendations for the Council's
further consideration of possible revisions. A copy of their reports was previously distributed to the
Council on April 7 for their review and reference at the April 25 meeting. Enclosed on pages
through I I is a follow-up letter from the appraiser providing cost estimates for further research if
so desired. Also enclosed on pages through are revised spread sheets to the March 8
Shenahon report with the following corrections:
• 1081 "Keefe" St. should be "Kenneth" St. and its sale date should be 3/26/99 instead of 3/26/97.
• "1054" Keefe St. should be "1045" Keefe St.
• The Hickory Hill and Walnut Lane ID#'s should be 108460... instead of 108640...
Both the appraiser and attorney will be orally presenting their findings and will be available to answer
any questions the Council may have.
ACTION TO BE CONSIDERED:
To provide direction regarding any further study about the street rehabilitation/overlay financing policy.
PART III C.I.P. DISCUSSION (EXCLUDING PARKS)
Every year the City prepares a five year Capital Improvement Program (CIP) to identify the foreseeable
major investment needs for our community. The City's overall CIP consists of three parts; 1.) Part I-
General Government Facilities; 2.) Part II-Vehicle and Equipment; and 3.) Part III-Infrastructure. Part
III is primarily the capital infrastructure investments proposed by both the Public Works Department
and the Parks and Recreation Department. The Public Works Department needs approximately 12
months of advance planning to efficiently and economically plan, design and program these seasonal
improvements, including the necessary public hearings. A copy of the rather extensive workbook was
previously distributed to the Council on April 14 for their review and reference on April 25. After this
review, the CIP will be modified based on the Council's directives and presented at the May 16, 2000
Council meeting for formal adoption.
ACTION TO BE CONSIDERED:
To provide direction on the Part III 2001-2005 CIP (excluding Parks and Recreation) for formal
consideration on May 16, 2000.
LOCAL PRIMARY DISCUSSION
City Councilmembers Carlson and Bakken have requested that a discussion regarding the possibility of
a primary election for Eagan City Council candidates be scheduled for the Special meeting of April 25,
2000. Attached on pages f through I is a copy of a memo from Finance Director/City Clerk
VanOverbeke regarding the legal issues governing the possibility of a primary election.
/S/ Thomas L. Hedges
City Administrator
MEMO
city of eagan
TO: Tom Hedges, City Administrator
FROM: Mike Ridley, Senior Planner
DATE: April 21, 2000
SUBJECT: City Identification Signage
City entrance monuments were identified as a City Council goal in 1999. Although not yet
adopted, staff preformed a cursory review of key entrances to the City with our GIS mapping
capabilities. Areas for potential signage were generally restricted to public rights-of-way and/or
City-owned property for the purpose of this preliminary review.
The City Council's Goals were formally adopted earlier this year and, as such, staff met with
representatives from MnDOT's Permitting Division to review our preliminary mapping of
signage location possibilities. While this type of signage is not prohibited, it is regulated by
MnDOT.
Much to our chagrin, regulations pertinent to this type of signage were discovered to be very
strict. MnDOT controls all State and Federal right-of-way and the regulations that are pertinent
to the entrance signage are listed below:
Signs shall not be allowed within interchanges of State and Federal highways.
An appeal process to the aforementioned requirement does exist but is not likely to
receive support as it could adversely affect Federal highway funding.
Sign placement must be outside of the "clear zone". The "clear zone" is generally
defined as the area between the white line on the edge of the highway pavement and an
outward distance of 40 to 45 feet.
Signs cannot be placed in ditches.
? If a sign were to be erected within MnDOT right-of-way, the City would be responsible
for sign construction, maintenance and removal (if necessary).
Access to the sign (for maintenance purposes) may not be achieved from an interstate
highway.
4
Tree removal within MnDOT right-of-ways may be allowed. Issues affecting removal
relate to vegetation type and the resulting visual impact. Proposals for tree removal
would be subject to review by MnDOT's Forester.
Acknowledging the regulations imposed by MnDOT, the City Council may wish to direct staff to
renew our review of key locations for entrance signage with the likelihood that acquisition (private
property or easement) will be necessary to accomplish an entrance signage plan for the City.
I would like to graphically show you and the Council the impediments to the signage plan as it
relates to State and Federal rights-of-way via the document camera in the Council Chambers at
the Special Meeting of April 25, 2000. I have several photographic GIS maps that will highlight
the difficulties imposed by the MnDOT regulations.
Attached to this memo is the preliminary sign location alternatives map we worked from
originally.
Please contact me if you have any questions or need further information.
ENTRANCE SIGN LOCATION
ALTERNATIVES
L
:.y
6000 0 5000 FMt
A. 1-35E and Cedar Avenue/Highway77 Interchange
B. Highway 5 0 Inver Grove Heights border
C. 1-49411-35E/Hlghway 55 Interchange
D. Cedar Avenue and Highway 13 Interchange
E. Pilot Knob Road 0 Apple Valley/Rosemount border
SHENEHON
COMPANY
RI AI IsIAII \ RttiIN PsN %%ItaIH)\>
April 10, 2000
Mr. Tom Colbert
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122-1810
RE: Proposal for Expanded Scope of Services Relating to Special Benefit Study
Dear Mr. Colbert:
As requested, we have provided a proposal for an expanded scope of services in order to
respond to recent inquiries of the Eagan City Council. Our memorandum dated March 8,
2000 provided preliminary results concerning before and after sales relating to street
projects in the City of Eagan. We reported that the next phase, if so desired, is to research
and apply several adjustments to the resales, which are once again outlined below:
1. Time (inflation and market conditions);
2. Changes in the structure between the first and second sale (additions or
major remodeling by building permits, etc.);
3. Financing by seller or changes in cost of financing;
4. Assumption of special assessments by the buyers in either the first or second
sales which would require upward adjustments to the reported purchase
price(s);
5. Cosmetic Improvements between the first and second sales;
6. Conditions of sale (willing buyer and willing seller not under duress).
Before starting the adjustment process, we recommend an exterior inspection of each
resale used within the study to document its comparability to the overall neighborhood.
We thought that it would be helpful to address each of the six potential adjustments in
more detail, followed by a fee structure for the expanded scope of the assignment, which
we have provided on the following pages.
wwwshenehon.com E-mail: valuei,shenehon.com
219 South Fourth Street, Suite 400, Minneapolis, Minnesota 55401 612/333-6533 Fax 612,344-1635
Mr. Tom Colbert
April 10, 2000
Page 2
Expanded Scope of Assignment
1. Time A iustments
Several factors contribute to changes over time, such as interest rates, supply and
demand of housing, the general state of the economy, and others. There are
several ways that one can measure changes in inflation and market conditions,
such as review of other resales and paired sales within these neighborhoods, as
well as discussions with local realtors and review of the MLS data. Since the MLS
data includes both sales of existing and new homes, the MLS data can skew a
proper time adjustment. Therefore, in our opinion, the best way to measure the
change is the through the use of resales and, if limited resales exist, paired sales.
The raw sales data has already been assembled by our office; however, it is
unverified and none of the homes have been inspected (either inside or outside) to
verify comparability. Since homes differ between the areas in which the projects
were conducted, we recommend identifying data sets for each neighborhood
impacted by a street project, grouping them if required, driving each sale, and
attempting to verify each sale with either the buyer or seller. Adjustments No. 2
through No. 6 on the previous page may be required to arrive at a true comparison
of each property before calculating the indicated time adjustment. Although Mr.
Colbert indicated that the City would provide historical building permit activity to
determine whether material changes were made to the structure between the first
and second sales regarding resales, we would still recommend interviewing the
sellers in these cases to determine if carpeting or other cosmetic improvements
were made that may not have shown up in a building permit. We estimate that it
could easily take several days of research and a lengthy phone interviewing
process to obtain the necessary data for potential adjustments, given the amount of
sales activity that must be analyzed.
2. Changes in the Structure Between First and Second Sale (Resales)
Mr. Colbert indicated that the City would provide historical building permit activity to
determine whether material changes were made to the structure between the first
and second sales. In our opinion, this data would provide a measurable basis for
an adjustment. If work was performed without a building permit, the only way that
we could learn of it would be through discussions with the seller and/or realtor.
Since building permits are pulled at the front end of a job, change orders during
construction and unforseen changes in conditions can sometimes result in the
actual cost of the work being different than what was originally estimated at the
time of permit. Therefore, interviewing the seller and/or realtor would allow us to
obtain actual costs of the work and the approximate date of its completion, in order
to properly adjust a subsequent sale of the property. Some of the interviewing may
be completed within Adjustment No. 1 above (if a resale is also used for a time
adjustment); however, there is likely additional interviewing required.
S
Mr. Tom Colbert
April 10, 2000
Page 3
Expanded Scope of Assignment - Continued
3. Financing by Seller or Changes in Cost of Financing
Our phone conversations outlined in Adjustment No. 2 would be able to determine
whether or not the seller provided financing. The next step is to determine what
market financing rates and terms were at the time of sale and make the appropriate
adjustments if applicable. We would interview various residential lenders to
determine market rates and terms during the periods in question. Changes in cost
of financing would be measured by tracking interest rates, terms, etc. between the
date of the first sale and the date of the second sale. If there is a material change
in the cost of financing during the period that elapses between the first and the
second sale, an adjustment may apply. Depending on the swing in rates, such an
adjustment may already be reflected within the previous time adjustment
(Adjustment No. 1). The amount of work required will depend on the number of
sales impacted by financing issues.
4. Assumption of Special Assessments by the Buyers
The sales prices we are comparing within this study should all be on par with one
another where all pending and/or levied assessments are paid in full by the seller.
If the buyer assumed the cost of pending and/or levied assessments over and
above the reported sale price, the true cost of the house to the buyer would be
above the reported sale price. Therefore, an interview with the buyers would reveal
whether or not an upward adjustment should be applied to the reported purchase
prices. The same interview utilized in the prior adjustments would be used to flush
out a potential adjustment.
5. Cosmetic Improvements Between the First and Second Sale
Improvements may have been made by the seller that did not show up in a building
permit, such as carpeting, drapes, paint, etc. The only way one can obtain this
additional information is by interviewing as many of the respective sellers and/or
realtors as possible. The amount of time required to sort out any additional
improvements to be considered in an adjustment would depend on the number of
sales that we find to be impacted by cosmetic improvements.
q
Mr. Tom Colbert
April 10, 2000
Page 4
Expanded Scope of Assignment - Continued
6. Conditions of Sale
The interviewing process would reveal whether or not the buyer and seller were
friends or related parties, if the seller was under duress, or if the buyer was
motivated for any reason. After sorting out any of these conditions that may apply,
and making appropriate adjustments, the sale may or may not be used. The
majority of sales are arm's length transactions, with a willing buyer and a willing
seller not under duress; however, this must be verified to eliminate the possibility of
a questionable sale.
Once the adjustment process is completed, we can once again present our findings in a
memorandum that includes appropriate adjustment grids. If you require that a full narrative
report be prepared, the level of writing involved to complete a full narrative report
significantly exceeds the amount required for the confidential consulting memorandum.
Therefore, the cost to prepare a full narrative report requires at least the same amount
charged for the preliminary analysis, and is charged in addition to the fee for the
preliminary analysis.
Fee Structure - Special Benefit Study
Phase I (Preliminary Analysis): $10,398.15 (Completed & Billed)
Phase II (Expanded Scope - Memo Form): $10,000 to $15,000 (Additional)
Note: Although we know the level of detail required to complete Phase II, and that there
is a lot of historical market activity to sort, it is difficult to estimate how many sales
must be analyzed to exhaust the adjustment process to a level which is satisfactory
to the City Council. If actual time totals an amount that falls below the indicated fee
range, the savings will be passed on to you in the form of a reduced fee.
Due to the amount of research and difficulty in reaching homeowners by telephone, we
anticipate completion of the assignment no earlier than 60 days after formal authorization
to proceed.
/0
Mr. Tom Colbert
April 10, 2000
Page 5
We hope that this information is helpful in addressing your questions and concerns. If you
have any questions or comments, please call us at (612) 333-6533 or visit our web site at
www.shenehon.com.
Sincerely,
SHENEHON COMPANY
Stephen T. Hosch
Senior Appraiser
Formal Authorization to Proceed - Phase II
A~d Darrell V. Koehlinger
Vice President Name:
cc. Mr. Robert J. Strachota Date:
Mr. Bruce D. Malkerson
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MEMO
city of eagan
TO: City Administrator Hedges
FROM: Finance Director/City Clerk VanOverbeke
DATE: April 20, 2000
SUBJECT: Primary Election
At your request, which follows the City Council direction at the April 18, 2000 meeting, I
have researched the issue of what is required to implement a primary election for a
municipality. First, there is no requirement to hold a primary election depending on the
number of candidates filing for a general election. Because the dates of the filing period
are determined by the election type (primary or general), the scheduling of a primary
cannot result from the number of candidates who file for a general election. On the other
hand, a primary is not actually held, even though provided for, unless there are more than
twice the number of individuals who actually file than the number to be elected to a
municipal office.
Per Minnesota Statutes, Section 205.065 Subdivision 1, a municipal primary for the
purpose of nominating elective officers may be held in any city on the first Tuesday after
the second Monday in September of any year in which a municipal general election is to
be held for the purpose of electing officers. Further by Subdivision 2 of the same section,
the governing body of a city may, by ordinance or resolution adopted at least three
months before the next municipal general election, elect to choose nominees for
municipal offices by a primary as provided in this section. In calendar year 2000 that
deadline is technically August 7, although that does not allow meeting the deadline for
candidates to file for a primary. The resolution or ordinance, when adopted, is effective
for all ensuing municipal elections until it is revoked. The clerk must notify the secretary
of state and the county auditor within 30 days after the adoption of the resolution or
ordinance.
Finally, Subdivision 4, provides that when not more than twice the number of individuals
to be elected to a municipal office file for nomination for the office, their names shall not
be placed upon the primary ballot and shall be placed on the municipal general election
ballot as the nominees for that office.
ly
The filing dates for the November 12, 2000 municipal general election are August 29,
2000 through September 12, 2000. In the event the City chose to add a primary election
for this year, the filing dates for the primary would be July 4, 2000 through July 18, 2000.
To adequately announce the earlier filing dates, a period of time for communication with
the public would probably be required after action was taken to incorporate a primary into
the election process.
For reference, I have attached copies of the following:
1. A page from the League of Minnesota Cities (LMC) Handbook that covers the
issue of city primaries. Please note the correction on the time period for the
adoption of an ordinance or a resolution. I verified the correction with the LMC
today.
2. Two pages from the Election Law Handbook that includes the specific statutes
referenced in the LMC material.
I do not think there would be a significant cost associated with including a municipal
primary as long as the municipal elections continue to be held in even years where there
is already a state primary.
Please let me know, if you would like anything else.
FClerk
cc: Deputy Clerk Barb Hand
15
HANDBOOK FOR MINNESOTA CRIES
or five percent of the number of votes cast in the election district at the
preceding city general election when that office was on the ballot. The clerk
must make sample petition forms available on request.
Candidacy by application of voters
Minn. Stat. § 205.13, subd. 1. Any five voters may file a petition on behalf of the candidacy for city
election of any qualified voter. The voters must file this petition or
application that should contain the same information about the candidate as
the affidavit of candidacy. Before filing it, the voters must give a copy of the
petition to the proposed candidate. The petition must include proof of this in
the form of either the candidate's endorsement on the petition, or an affidavit
stating that the candidate received a copy of the application. The filing fee is
due when the voters file the petition.
Withdrawal of candidacy
Minn. Stat. § 205.13, subd.6. Candidates for city elective office may withdraw by filing an affidavit of 44**, U
withdrawal with the city clerk before noon on the day after the last day for
filing affidavits of candidacy. Withdrawal is not possible after that time.
Withdrawal does not entitle the candidate to a refund of the filing fee. o p0
J `y O
City primaries CQT
Minn. Stat. § 205.065, subs. 2. Any city may establish a city primary if the council adopts an ordinance or
resolution of the next city general election, unless a
city charter provides otherwise. a4 k e & J 4 ,-C Q V,,, a Kph
Minn. Scat. § 205.065, Once the city adopts a primary, it stays in effect for all ensuing elections
subds.1, a. until revoked by the council. The city must hold the primary on the first
Tuesday after the second Monday in September of the year in which the city
general election is held.
As in the case of nonpartisan offices, a primary is not necessary when not
more than twice the number of people to be elected file for office. In this
case, the names of the candidates go directly on the general election ballot.
Names go on the ballot without partisan designation.
Minn. Stat. § 205.065, subd. 5. Within two days after the primary, the council must canvass the votes and
certify to the city clerk the names of the two candidates for each office who
receive the highest number of votes. If two councilmembers are up for
election, however, the council must issue certificates of nomination to the
four candidates receiving the highest number of votes. Primary winners'
names go on the official ballot without partisan designation and without
payment of an additional fee or filing of any additional papers.
90
co
MINNESOTA ELECTION LAWS -1997
CHAPTER 205
MUNICIPAL ELECTIONS
205.01 MS 1957 Repealed, 1959 c 675 art 13 s 1
205.01 DEFINITIONS.
Subdivision 1. The definitions in chapter 200 and in this section apply to this chapter.
Subd. 2. "Municipal election" means an election held in any municipality at which the voters of the municipal-
ity nominate or choose by ballot any public officials for the municipality or decide any public question relating to the
municipality that is lawfully submitted to them.
History: 1959 c 675 art 6 s 1; 1981 c 29 art 7 s 6
205.02 MS 1957 Repealed, 1959 c 675 art 13 s 1
205.02 STATUTES APPLICABLE.
Subdivision 1. Minnesota election law. Except as provided in this chapter the provisions of the Minnesota
election law apply to municipal elections, so far as practicable.
Subd. 2. City elections. In all statutory and home rule charter cities, the primary, general and special
elections held for choosing city officials and deciding public questions relating to the city shall be held as provided
in this chapter, except that sections 205.065, subdivisions 4 to 7; 205.07, subdivision 3; 205.10; 205.121; and
205.17, subdivisions 2 and 3, do not apply to a city whose charter provides the manner of holding its primary,
general or special elections.
History: 1959 c 675 art 6 s 2; 1983 c 62 s 1; 1987 c 62 s 5; 1989 c 209 art 2 s 1; 1994 c 646 s 3
205.021 Repealed, 1983 c 62 s 12; 1983 c 216 art 2 s 11
205.03 MS 1957 Repealed, 1959 c 675 art 13 s 1
205.03 MS 1982 Repealed, 1983 c 62 s 12
205.04 MS 1957 Renumbered 205.19
205.04 MS 1982 Repealed, 1983 c 62 s 12
205.041 MS 1973 Supp Repealed, 1974 c 337 s 18
205.05 MS 1957 Repealed, 1959 c 675 art 13 s 1
205.05 MS 1974 Repealed, 1976 c 44 s 70
205.06 MS 1957 Repealed, 1959 c 675 art 13 s 1
205.06 MS 1974 Repealed, 1976 c 44 s 70
205.065 PRIMARY ELECTIONS.
Subdivision 1. Establishing primary. A municipal primary forthe purpose ofnominating elective officers
may be held in any city on the first Tuesday after the second Monday in September of any year in which a munici-
pal general election is to be held for the purpose of electing officers.
Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance or resolution adopted
at least three months before the next municipal general election, elect to choose nominees for municipal offices by a
primary as provided in this section. The resolution or ordinance, when adopted, is effective for all ensuing munici-
pal elections until it is revoked. The municipal clerk shall notify the secretary of state and the county auditor within
30 days after the adoption of the resolution or ordinance.
Subd. 3. Repealed, 1994 c 646 s 28
Subd. 4. Candidates, filing. The clerk shall place upon the primary ballot without partisan designation the
names of individuals whose candidacies have been filed and for whom the proper filing fee has been paid. When
not more than twice the number of individuals to be elected to a municipal office file for nomination for the office,
their names shall not be placed upon the primary bal lot and shall be placed on the municipal general election ballot
205 -1
MINNESOTA ELECTION LAWS - 1997
as the nominees for that office.
Subd. 5. Results. The municipal primary shall be conducted and the returns made in the manner provided
for the state primary so far as practicable. Within two days after the primary, the governing body of the municipal-
ity shall canvass the returns, and the two candidates for each office who receive the highest number of votes, or a
number of candidates equal to twice the number of individuals to be elected to the office, who receive the highest
number of votes, shall be the nominees for the office named. Their names shall be certified to the municipal clerk
who shall place them on the municipal general election ballot without partisan designation and without payment of
an additional fee.
Subd. 6. Recount. A losing candidate at the municipal primary may request a recount of the votes for that
nomination subject to the requirements of section 204C.36.
Subd. 7. Vacancy in nomination. When a vacancy occurs in a nomination made at a municipal primary, the
vacancy shall be filled in the manner provided in section 204B. 13.
History: 1983 c 62 s 2; 1987 c 62 s 6,7; 1989 c 209 art I s 19; 1994 c 646 s 4,5
NOTE: The amendment to subdivision I by Laws 1994, chapter 646, section 4, is effective January
1, 1998. Laws 1994, chapter 646, section 29.
205.07 MS 1957 Repealed, 1959 c 675 art 13 s 1
205.07 CITY GENERAL ELECTION.
Subdivision 1. Date of election. The municipal general election in each city shall be held on the first Tues-
day after the first Monday in November in every even-numbered year. Notwithstanding any provision of law to
the contrary and subject to the provisions of this section, the governing body of a city may, by ordinance passed at
a regular meeting held before June 1 of any year, elect to hold the election on the first Tuesday after the first
Monday in November in each odd-numbered year. A city may hold elections in either the even-numbered year or
the odd-numbered year, but not both. When a city changes its elections from one year to another, and does not
provide for the expiration of terms by ordinance, the term of an incumbent expiring at a time when no municipal
election is held in the months immediately prior to expiration is extended until the date for taking office following the
next scheduled municipal election. If the change results in having three council members to be elected at a suc-
ceeding election, the two individuals receiving the highest vote shall serve for terms of four years and the individual
receiving the third highest number of votes shall serve for a term of two years. To provide an orderly transition to
the odd or even year election plan, the governing body of the city may adopt supplementary ordinances regulating
initial elections and officers to be chosen at the elections and shortening or lengthening the terms of incumbents and
those elected at the initial election. The term of office for the mayor may be either two or four years. The term of
office of council members is four years. Whenever the time of the municipal election is changed, the city clerk
immediately shall notify in writing the county auditor and secretary of state of the change of date. Thereafter the
municipal general election shall be held on the first Tuesday after the first Monday in November in each odd-
numbered or even-numbered year until the ordinance is revoked and notification of the change is made.
Subd. 2. Repealed, 1976 c 44 s 70
Subd. 3. Effect of ordinance; referendum. An ordinance changing the year of the municipal election is
effective 240 days after passage and publication or at a later date fixed in the ordinance. Within 180 days after
passage and publication of the ordinance, a petition requesting a referendum on the ordinance may be filed with the
city clerk. The petition shall be signed by eligible voters equal in number to ten percent of the total number of
votes cast in the city at the last municipal general election. If the requisite petition is filed within the prescribed
period, the ordinance shall not become effective until it is approved by a majority of the voters voting on the
question at a general or special election held at least 60 days after submission of the petition. If the petition is filed,
the governing body may reconsider its action in adopting the ordinance. c
History: 1959 c 675 art 6 s 7; 1973 c 123 art 3 s 4; 1974 c 337 s 3; 1976 c 44 s 5; 1981 c 29 art 7 s
38; 1983 c 62 s 3; 1986 c 444; 1991 c 227 s 19,20; 1994 c 646 s 6; 1995 c 8 s 5
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