HomeMy WebLinkAbout2006 06-28 CHCAJUNE 28, 2006 MEETING OF THE BROOKLYN CENTER
CHARTER COMMISSION
AGENDA
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Consideration of the Minutes of April 26, 2006 Meeting
4. Old Business
a. City Council response to Charter change suggestions?
5. New Business
a. Any New Business?
6. Adjournment
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Stan Leino, Charter Commission Chair
FROM: Michael J. McCauley, City Manager
DATE: April 12, 2006
SUBJECT: Proposed changes to Section 3.11 and 4.04 of the City Charter
As previously indicated that they would, the City Council took up the Charter Commission
communications regarding proposed changes to Section 3.11 and 4.04 of the City Charter at their
April 10' Work Session. The City Council had several comments regarding the proposed changes.
The Council suggested that Mr. LeFevere attend your next Charter Commission meeting as some of
the Council's observations related to matters identified by Mr. LeFevere related to potential impacts
or clarity of language. Please notify Mr. LeFevere of the next meeting at which the Charter
Commission would be discussing the Council's comments.
Specifically addressing the proposed change in Section 3.11 to require charging a fee for copies of
the City Ordinances, the Council was concerned about several impacts. One impact, by virtue of the
very expansive language in Section 3.11 regarding pamphlets, is whether the proposed Charter
change would require charges for pamphlets that are currently distributed free of charge. The City
has a number of informational phamphlets to assist residents and others in complying with City
requirements. In those pamphlets, it is a frequent occurrence that the full text of the City Code
relevant to the particular pamphlets are set out in full text. Additionally, the occasional request for a
single copy is dealt with, in many instances, by providing a free photocopy. The State of Minnesota
regulates the charges that a City may make for copies. A single copy of one page of the City Code
would currently result in a maximum potential charge of $.25. Charging a resident $.25 and
accounting for the $.25 to make a single copy of one page of the City Code of Ordinances may, in
many circumstances, actually result in a greater cost to the City than simple supplying a free copy to
assist a resident.
The other proposed change in Section 3.11 was viewed as needing some clarification. The City
Council generally seemed in favor of a potential amendment to the Charter that required placement
of the City Code of Ordinances on the website. The Council did not have a similar sense of
consensus to require the placement of uncodified ordinances on the website. The concerns expressed
by the Council were with respect to putting all of the ordinances, as opposed to the Code of
Ordinances, on the website. Concerns included very significant staff time to place all of the various
ordinances since incorporation on the website and the potential confusion to persons using the
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
www.cityofbrooklyncenter.org
website not being able to readily ascertain whether the ordinance they are looking at was still in
effect. By contrast, the Code of Ordinances, which the City Council appeared to be amenable to
supporting as a requirement in Section 3.11 for placement on the website, is the up -to -date
information on the applicable rules and regulations.
In reviewing Section 4.04, there appeared to be a Council consensus that would support a Charter
change to increase the fee to $25.00 for filing. There also was a sense amongst the Council that they
would not wish to entertain a change to the filing fee in Section 4.04 until after the current election
cycle. The Council had a number of concerns and issues with respect to a petition as an alternate to
filing by fee. Concerns raised related to potential lawsuits due to the short turn around that would be
required for checking names on a petition and trying to understand all that might be involved in
checking a petition, including the impact on staff time, especially around an election.
Following the Council meeting, the City Clerk raised another question with respect to specifying in
the Charter a completed Minnesota Affidavit of Candidacy form. While the Minnesota Affidavit of
Candidacy form has recently been used for the affidavit form, there is no guarantee that the State of
Minnesota might not change the affidavit form in a fashion that would make it inapplicable for use
by the City of Brooklyn Center. Requiring an Affidavit of Candidacy form would be a better
approach rather than specifying any particular form of affidavit.
cc. Mayor City Council
Charlie LeFevere
470 U.S. Bank Plaza
Kennedy 200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9300 telephone
Gr a T Ten (612) 337 -9310 fax
Y httD: /www.kennedv- 2raven.com
CHARTERED
MEMORANDUM
TO: Charlie LeFevere
FROM: Sarah Sonsalla
DATE: April 24, 2006
RE: City of Brooklyn Center Registered Voters
The City may specify in its Charter that individuals must be registered voters in order
to sign a petition. Although there are several cases and Attorney General Opinions that have
addressed the status of unregistered voters as petition signers under various statutes and charter
provisions, none of them state that a city charter may not require individuals to be registered
voters in order to sign a petition. Op. Atty. Gen. 106 -E (January 24, 1995)(citinp- Eastwood v.
Donovan, 105 N.W.2d 686 (Minn. 1960); Gould v. Citv of BloominL'ton, 394 N.W.2d 149
(Minn. Ct. App. 1986); Op. Atty. Gen. 218 -C -1 (December 11, 1947); Op. Atty. Gen. 106E
(March 6, 1946); Op. Atty. Gen. 183 -R (September 17, 1932). Instead, these cases and Attorney
General Opinions address the issues of whether the term "qualified voter" in a charter provision
or statute means "registered voter" and if an individual must be a "registered voter" in order to
be a "qualified voter." Id.
Minnesota Statute Section 410.12, which pertains to city charter amendments,
specifically states that only "registered voters" are eligible to sign a petition relating to a
proposed charter amendment. Minn. Stat. 410.12, subd. 1 (2005). Therefore, a charter
provision requiring registered voters to sign a petition with respect to charter amendments is
permitted and required by statute.
Finally, Minnesota Statute Section 410.21 states that the "provisions of any charter of
any such city adopted pursuant to this chapter shall be valid and shall control as to nominations,
primary elections, and elections for municipal offices, notwithstanding that such charter
provisions may be inconsistent with any general law relating thereto, and such general laws shall
apply only in so far as consistent with such charter." Minn. Stat. 410.21. Based on this statute,
if the City were to require registered voters to sign a petition with respect to any election related
Charter provisions, such as nominations, those Charter provisions would govern over state law.
288250v2 SJS BR291 -7