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HomeMy WebLinkAbout2002 06-26 CHCABrooklyn Center Charter Commission Meeting Agenda 7: 00 p. m. Wednesday June 26, 2002 Brooklyn Center City Hall in the Shingle Creek Conference Room (formerly Conference Room A -the same room we've met in before) Note: park in the South parking lot, enter the new South door, and use the new elevator to the second floor.... 1. Call to Order 2. a. roll call b. review updated roster (enclosed) c. note /discuss 3 vacancies 3. Approval of the minutes of the March 27, 2002 meeting 4. Recognition of retired Commission members Diane Sannes and Janice Thielsen 5. Old Business a. distribution of agenda from the City Council's April 15, 2002 meeting "In Appreciation Of Our Commission Members Past and Present" Note: Commissioners Bursch, Knapp, Paulson, Sannes, Theis and Thielsen attended.... b. report from the subcommittee on Wards (continued from the March 27th meeting), P. Carl Wolter, Chair. Note l: at the March 27th meeting, the Commission agreed that a vote on this issue would be held at tonight's meeting. Note 2: see enclosures #I Subcommittee report dated 13 February, 2000 #2. information from the league of Minnesota Cities #3. 2/1/88 memo from Carole Blowers, Adm Asst to Charter Comm #4. memo from Sy Knapp #5. memo from Sharon Knutson, City Clerk 6, New Business a. need for Charter changes needed to comply with changes in State laws (see two memos from City Clerk Sharon Knutson, enclosed) b. other new business 7. next meeting: 7:00 Wednesday October 23, 2002 Note: please mark your calendar NOW!!! 8. Adjournment b=6 BROOKLYN CENTER CHARTER COMMISSION Court Appointed The Charter Commission reviews the existing charter, considers proposed changes and makes recommendations to the City Council, and safeguards the concept of Home -Rule under the existing charter and Home Rule provisions in the state statutes. Commissioners serve a four -year term, up to two consecutive terms. Chairperson and fourteen members. Sylvester Knapp James D. Holst Richard C. Theis Chair 2002 6107 Bryant Ave N (30) 3006 Thurber Road (29) 7221 Riverdale Road (30) 561 -0515 561 -8738 560 -0108 e-mail: BCKLIP @MSN.com e-mail: richardctheis @ci.minneapolis.mn.us e -mail: knapp013 @tc.umn.edu 3/12/97 3/14/05 2/12/2001- 2/12/05* 6/7/95- 6/7/03 Stanley Leino R. Carl Wolter Roni M. Brunner Secretary 2002 6807 Willow Lane (30) 4701 Twin Lake Ave N (29) 7118 France Ave N (29) 561 -5267 537 -5330 560 -2531 3/21/95- 3/22/03 e -mail: rb200lbugs @hotmail.com e-mail: flyfmn @spacestar.net 2/12/2001- 2/12/05* 3/13/97 3/11/05 vacancy vacancy Walter R. Bursch Harold Middleton vacancy 6221 Shingle Creek Pkwy #608 (3 0) 5418 Oliver Ave N (30) 561 -6739 549 -5594 *Member can be reappointed to one e -mail: lobursch @mycido.com e-mail: Hjannifer @attbi.com more term at that time. 6/28/96- 6/26/04 11/30/98- 4/20/05 6/18/02 Robert Cambanes Eileen Oslund Vice Chair 2002 6000 Ewing Ave N (29) 6812 Zenith Ave N (29) 537 -2858 561 -9236 10/30/01-10/30/05* e -mail: rcambanes @startribune.com 7/21/99 7/20/03* Todd Paulson 6408 Willow Lane (30) Elizabeth Dorsey Hatle 561 -3834 5508 Logan Ave N (30) e -mail: Toddpaulson @attbi.com 560 -3589 3/21/95- 5/8/03 e -mail: dorseyhatle @usfamily.net 3/12/97 3/12/05 13 February 2002 Brooklyn Center Charter Commission 6 Subcommittee on Wards In attendance: Eileen Oslund, Bob Cambanes, Richard Theis, Carl Wolter Absent: Stan Leino. Items discussed: 1. It was felt that a "public hearing" or "survey" was not needed. 2. The section of the City Charter that deals with "At Large" election. 3. The three primary ways to amend the charter: Amendments originating with the City Council, Amendments originating with the Charter Commission, Amendments originating with the People. A. An amendment originating with the Charter Commission shall be accepted by 2/3 affirmative vote of the actual membership with never less than eight affirmative votes. B. If passed the amendment shall be transmitted to the City Council as a "Recommended Amendment" or an "Amendment Adopted by Commission Resolution 1. "Recommended Amendment" is one which the City Council may or may not enact by ordinance. 2. "Amendment Adopted by Commission Resolution" is an amendment that shall be submitted to the voters. (The Council chooses the balrot wording) 4. That the Charter Commission should vote on whether to continue pursuing this. 5. There are various possible scenarios: A. 4 Wards with 1 council person from each B. 3 Wards with 1 council person from each and one at large. C. 2 Wards with 2 council people from each D. At Large —the current situation. C. Other? More or fewer council people CITY CHARTER OF BROOKLYN CENTER CHAPTER 2 FORM OF GOVERNMENT' This is the current charter: Section 2.03. ELECTIVE OFFICERS. The Council shall be composed of a Mayor and four Council members who shall be registered voters of Brooklyn Center, and who shall be elected at large. Each Council member shall serve for a term of four (4) years, The Mayor shall serve for a term of four (4) years. The Council shall be canvassers of the election of the Mayor and the Council members. It is proposed to amend Section 2.03 to read: The Mayor shall be elected at large, and the four Council members shall be elected by four wards. 2. The Mayor and one Council member shall be elected at large, and the three Council members shall be elected by three wards. 3. The Mayor shall be elected at large. Two Council members shall be elected by two wards. The Council member shall serve a term of four (4) years, and re- election of Council members by wards shall be staggered. I t Dear y. h 4 Here is the letter re- suing the advantages and I-- ,dvaMages of award system. I tope this helps. If you have any diffia* opw *V or printing and need a pqw copy Just let me know. <<0825.9.doc» Jeannette Bach, Research Manager League of Minnesota Cities $0"25 -4122 681-281-1200 pachQhm.org a pill IA" prom: Bach, Jeannette <JBach @LMNC.ORG> To: Knapp, Sy 4napp013 @tQm n.edcp Sorg Why, July 1'1, 2tl i 5:17 PK Attach: OV.S. 4.doc Subject: Advanteges 8 disadvantages of Wards Dear y. h 4 Here is the letter re- suing the advantages and I-- ,dvaMages of award system. I tope this helps. If you have any diffia* opw *V or printing and need a pqw copy Just let me know. <<0825.9.doc» Jeannette Bach, Research Manager League of Minnesota Cities $0"25 -4122 681-281-1200 pachQhm.org a pill IA" Fax Transiniesion League of Mineesota Cates. 1451.fnivers4 Avenue Wear St. Paul, MN 55103 -2044 651-281-1200 FMC 651-281 -1296 To:OMa t Sebora0lUaaa:OAugast 2S,20000 0F= *01 324- 58740960Pages:05, incluft this cow slteett] Ot?�rcxrn: Q heanmate B hQ Q Q QSubja t: C1Chtww Lim 0000 The League of Mnpesota Cries provides ibis waerW for general idormadonal pwposcs. It its not intended to provide legal advice aid 9=W aaat be used as a substmite for cotnpe W legal PWOM CM** Your attansey for advice concerning specific sizinfim 00 Caamments: h'i:na fare rasponds to your request for information on two du rte r issues: (1) whether the statutoayy re"kemans for charter its prevail am MOZO&S dotter kuVjW procedures for chanter amendment and (2) the advanteges ad disar#va asges of reon the city Wo wards. Based on in�orh in the Law's Handbook fOr Maim Cities„ the general rule k that when a dwW provision ism conW v4th the state stoltes, the statutory provision pmvab and the charter provision is ine eedve to the extens it core icts with the aisle policy. Depending at the pwtcWw conflict you are do** witk it seem probable that since the statutes pon adufy address diarrar Modine s will either M part or eadrdy be invalid. I have provided the H nadDook discussion paw (77-78) for your inf natioah. As to whether or nag the city is better off with a ward system of v*hout, fdlovdIG are the stanrdwd arguamn for bot propositions. For the Word Systems AS citbM s vote only for candidates is their ward, the begat is shatter and simples: Voters are more Nicety to have direct, pe rsoiul knowledge about the qualities of those who seek to repast than, and dw*y wig make a tyre integigent choice. A&ear the ekenon, the counQ maibervn A keep in closer touch vA his orher CWWd ueV& 1nsork as wards but spaasl ice„ these wiU be repsresatted. 1w4for as walls contain distinct 50=4 of err, and econondc gmtga, the ooh will be a better cross section ofthe populaticm. If namority is concenumed in one geopopiticid a e, the word sysam increases its dunce of smaing some representation on the sound. The cwgx ign coats to a ccamdl cue are lower. Election by wards axnd to attract nwe caddates to run for office. Each ga►gnpitacal area of the city wi8 be assured some representation. Covndl members aunt be able to beve closer coma wdhh Haar consthwft and be moan responw a to their needs. Council numbers elected by wards will be were accountidAe to the people who elected them. Disadvantages of a Ward System Ward boundaries don't neaessatily deba hon iogeneous ;areas. The refom may not be a ward interest that would justify separate r�resehaarian Voters in one ward may Cunt thin a no candidate in the ward they cane owholdweartedty support, and that there is a candidate: in anodker ward who wwW mm Mly represent thek views. The ward system prevents these voters ftum fully oteminig their fteedom of choice. r In same wards there may be diffictilty in fisding qualified candidates who are williag to run for office so that the voters' mange of dwim is rearmed and the quality of the councH may be lowered. Wards encourage a spirit of ism since the basis of sekcdon tends to be service to &e wan not to the may. Wards may foster a divis" competition Ibr scarce resources. Politically active of special iaterest groups may be over ne xmented by bgpttng certon wards. Once estabWtmd, ward bounds ries,are cif=* to change. Redistricting may be waWw- Election wM be awe a4mme as more palling places and election judges will be needed. It maybe more difficult fbr the voter to find the correct polling place. I hope this information is hdpfitL Iifthe -Leept can be ofany other as ice please corttact us. TO: All Charter Commission Members FROM: Carole Blowers, Administrative AssistantI d. DATE: February 1, 1988 RE: Summary of Study of Ward vs. At Large System done in 1976 I have been asked to provide you with the attached information. In summary, in reviewing my files at home, this subject was brought up for discussion by R. Forstrom and D. Kanatz at the January 21, 1976 Charter Commission meeting. See item "A" which states their arguments for a ward system along with a pro and con sheet on both systems. The Charter Commission's Executive Committee met and decided to form three study groups for this issue. Each group was assigned a specific area of concern. See item "B" (memo from Chairman Dorff to Commission dated 1- 29 -76). Enclosed are final reports from each study group, Item "C" is from group I, item "D" is from group II, and item "E" is from group III. I have enclosed item "F" which is a statement made by the Citizens for Better Government on this issue. I am uncertain if it was written in 1975 or 1976 as it is not dated. Two public hearings were held on this matter. A handwritten note in my file written by Dorff (Chairman) dated 9 -15 -76 stated; 1. There are good arguments for both ward and at large systems. 2. All communities and individuals interviewed liked their system. 3. All present and former council members except one preferred our at large system. 4. Greater need for a change must exist to change our system. I am also attaching for your review copies of any minutes which pertained to this issue. If I can be of any further help, please contact me at 560 -0421. Thank you. Attachments To: Charter Commission Members From: Sy Knapp Date: June 17, 2002 Re: Consideration of the Ward System for Election of Councilmembers 1.. Since the issue of the costs for running for election in Brooklyn Center has been one of the items of concern and discussion relating to the Ward vs. At -large issue, I requested Sharon to provide information relative to this issue. In response, she provided copies of the "Campaign Financial Reports" filed by candidates for City offices in the 5 most recent elections. Following is a summary which I compiled from those reports (Note: because the methods used by each candidate for completing these forms varies substantially, and because it may be that not all candidates filed complete reports, etc, I cannot assure the following is totally accurate. However, it is the best I could do with the available information). Year of Election Candidate Total Campaian Costs Reported 2001 for Council Ricker $5658 Willson 3584 2000 for Council Lasman 1296 Peppe 0 1998 for Mayor Kragness 1843 Peppe 1657 for Council Blamey 1885 Hilstrom 5133 Lenthe 623 Nelson 3203 1996 for Council Blamey 2455 Lasman 940 Nicols 5326 Peppe 0 1994 for Mayor Kragness 2764 for Council Carmody 1940 Hilstrom 4021 2. Enclosed is a memo from City Clerk Sharon Knutson wherein she provides information relating to the scheduling, costs, etc. of running a referendum vote on this issue, and providing information on the details of how wards would be defined and established, and amended from time to time. 3. As you know, I continue to support keeping the existing system of electing councilmembers using the "at- large" system. As a City Employee for 38 years, I have had experience with both systems (23 years in St. Cloud, where some councilmembers are elected on an At -large basis and some on a ward basis, and 15 years in Brooklyn Center where all councilmembers have been elected At- large). In general, it was my experience that the issue of "ward politics" was a minor concern at St. Cloud, and that, under both systems, most Councilmembers voted on the basis of "what is best for the City While I agree that "on paper" the arguments for one system or the other appear to balance out, my principal reason for continuing to support the At -large system is that over the years, this City has seen a small number of candidates filing for election. It is my opinion that, with the At -large system, every elector is able to vote for the those candidates which he /she believes will best serve the City. Under the Ward system, each elector is limited to voting for the candidate(s) who file for election is his/her ward, thereby creating the situation where that elector may be prevented from voting for the candidate(s) which he /she believes to be best suited for the office. Thank you for your review and consideration of this information. Sy Knapp becc.7 City of Brooklyn Center A Millennium Community MEMORANDUM Office of the City Clerk TO: Sy Knapp, Brooklyn Center Charter Commission Chairperson FROM: Sharon Knutson, City Clerk 34 wz�c 4ud DATE: June 19, 2002 SUBJECT: Ward System The Brooklyn Center Charter Commission has been discussing the issue of a ward system for the City of Brooklyn Center, and Chair Knapp has asked me to provide some administrative information regarding issues that would arise from the City electing council members by wards. Definition of Wards Wards are elective districts in a City from which members of the City Council are elected. In Minnesota, approximately 100 cities use wards for electing Council Members; over 700 cities elect their Councils at- large. In cities that elect their Council Members at- large, all citizens are able to vote for any Council Member and thus they meet the "one- person, one vote" requirement of the U.S. Constitution. Cities with wards must redistrict their wards after the federal census, and must make the wards equal in population in order to meet the equal representation requirement. Redistricting One of the areas most affected by a change to a ward system would be when it comes to redistricting. Every ten years after the federal census, a City with wards must redistrict its wards to make the wards equal in population in order to meet the equal representation requirement. Since wards must be as equal as practicable, each census block population has to be calculated for each ward to determine total population in each ward. The method used to determine total population can be done manually using a map with census block data or the use of GIS technology. Either method chosen involves many hours of staff time to calculate the information. If it is determined that wards are not equal in population, City staff will need to draw new ward boundaries, or a committee may be appointed by the Council to draw boundaries. It may be necessary for the City Council to solicit public involvement and hold public meetings during which the Council considers a variety of redistricting plans, including those submitted by members of the public. These processes must all take place in a very short period of time, generally not more that 60 days. For 2002, there were only 43 days in which to develop a plan. 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 MEMO to Sy Knapp Page 2 June 19, 2002 Polling Locations Another issue with a ward system would be the designation of accessible polling places. For 2002 the designation of polling places under the precinct system was a difficult task, since both Orchard Lane Elementary and Willow Lane Elementary Schools closed, leaving the west side of the City with little opportunity for polling place designation. Charter Amendment Vote of the People If the Charter Commission votes to submit a recommended charter amendment to the City Council to be voted upon by the citizens of Brooklyn Center, the deadline for submission for inclusion on this November 5, 2002, general City election ballot is August 13 2002 (12 weeks) MS 410.12 s. 1. The cost to place the question on the ballot for the November 5, 2002, election would only result in the printing charge for the extra lines of wording, approximately $400. Special Election If the Charter Commission delivers to the City Council a charter amendment to be voted upon by the citizens of Brooklyn Center in a special election not held concurrently with the City general election on November 5, 2002, the cost of holding a special election is approximately $10,000. The cost includes hiring election judges for all seven precincts, ballot printing, operating supplies for polling places, building rentals, postage, and equipment rentals (truck to deliver and pick up voting equipment and supplies to polling locations). This is just some information that I quickly put together for your consideration of the ward system. There may be other areas that will be affected by changing to a ward system. No doubt, filing for candidacy will be done completely different under a ward system with Council Members representing specific districts in the City. Should you need clarification on any of these issues, please do not hesitate to contact me. City of Brooklyn Center A Millennium Community Office of the City Clerk MEMORANDUM TO: Sy Knapp, Brooklyn Center Charter Commission Chairperson FROM: Sharon Knutson, City Clerk S WMJ�V� DATE: June 18, 2002 SUBJECT: City Charter Changes Attached are two pieces of correspondence relating to City Charter language that is not compliant with State Statute language; the statutory language prevails in both cases. The first relates to Section 4.05, Withdrawal of Candidate. The second relates to Section 3.01, Council Meetings. I forward this information to the Charter Commission for its review and recommendation. If the Charter Commission chooses to amend the City Charter, please let me know and an ordinance amending the City Charter will be drafted and submitted to the City Council. Attachments 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 City of Brooklyn Center Agreat place to start. A great place to stay. Michael J. McCauley City Manager August 1, 2000 Mr. Stanley Leino Charter Commission Chair 7118 France Avenue North Brooklyn Center, MN 55429 Dear Mr. Leino: V Office of the City Manager During the 2000 Legislative Session, a new law was signed by the Governor relating to the withdrawal period for municipal candidates. The enclosed memorandum from the City Clerk was forwarded to me and reviews the change. This new law affects the City Charter and is being forwarded to you for discussion and review by the Charter Commission. Michael J. Mc City Manager MJM:sk Enclosures 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmatiue Action/Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk Ow DATE: July 31, 2000 SUBJECT: Change in Election Law Which Affects City Charter During the 2000 Legislative Session, Governor Ventura signed into law the election housekeeping bill, H.F. 2826. One of the changes in the law relates to the withdrawal period for municipal candidates, Minn. Stat. 205.13, subd. 6. The withdrawal period was lengthened from 1 /2 day to two days effective August 1, 2000. The new law readg: "a candidate for municipal elective office may withdraw from the election by filing an affidavit of withdrawal with the municipal clerk no later than 5 .00 n.m. two da s after the last day for filing affidavits of candidacy. Thereafter, no candidate may file an affidavit of withdrawal." This change in law affects the City Charter, Section 4.05, Withdrawal of Candidate, which incorporates the language from Minn. Stat. 205.13, subd. 6. The City Charter should be amended to incorporate the new language. Since the filing period for municipal candidates for Brooklyn Center was prior to the effective date for the new law change (July 4 -18), the withdrawal period was 12 o'clock noon of the day after the last day for filing. Please advise as to action which needs to be taken. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 3494 An Affirmative Action /Equal Opportunities Employer Minnesota Session Laws 2000, Chapter 467 http /www.revisor.leg.state.mn.us /slaws /2000 /c467.html person to the filing officer. The candidate shall state in writing the reason for being unable to submit the affidavit during the filing period. The affidavit, filing fee, and petitions must be submitted to the filing officer during the seven days immediately preceding the candidate's absence from the state. In cities of the first class, and in any city where the use of nominating petitions is permitted under the city's charter, a nominating petition for a candidate who will be absent from the state during the filing period may be signed during the 14 days immediately nrecedinq the date when the affidavit of candidacy is filed. Sec. 27. Minnesota Statutes 1998, section 205.13, subdivision 6, is amended to read: Subd. 6. [WITHDRAWAL.] A candidate for a municipal elective office may withdraw from the election by filing an affidavit of withdrawal with the municipal clerk `y 12 s'clsc:e i-recn :f the day no later than 5:00 p.m. two days after the last day for filing affidavits of candidacy. Thereafter, no candidate may file an affidavit of withdrawal. Sec. 28. Minnesota Statutes 1998, section 205.17, subdivision 1, is amended to read: Subdivision 1. [SECOND, THIRD, AND FOURTH CLASS CITIES; TOWNS.] In all statutory and home rule charter cities of the second, third and fourth class, and in all towns, for the municipal general election, the municipal clerk shall have printed on light green paper the official ballot containing the names of all candidates for municipal offices. The ballot shall be printed in bleeks quantities of 25, 50, or 100, shall be headed "City or Town Election Ballot," shall state the name of the city or town and the date of the election, and shall conform in other respects to the white ballot used at the state general election. The names shall be arranged on city ballots in the manner provided for the state elections. On town ballots names of the candidates for each office shall be arranged either: (1) alphabetically according to the candidates' surnames; or (2) in the manner provided for state elections if the town electors chose at the town's annual meeting to arrange the names in that way for at least two consecutive years. Sec. 29. Minnesota Statutes 1998, section 205A.06, is amended by adding a subdivision to read: Subd. lc. [ABSENT CANDIDATES.] A candidate for the office of school board member who will be absent from the state during the filing period may submit a properly executed affidavit of candidacy, the appropriate filing fee, and anv necessary petitions in person to the filing officer. The candidate shall state in writing the reason for being unable to submit the affidavit during the filing oeriod. The affidavit, filing fee, and petitions must be submitted to the filing officer during the seven days immediately precedinq the candidate's absence from the state. Sec. 30. Minnesota Statutes 1998, section 205A.06, subdivision 5, is amended to read: Subd. 5. [WITHDRAWAL.] A candidate for a school district elective office may withdraw from the election by filing an affidavit of withdrawal with the school district clerk ty 12:23 acs -ef the --da -y no later than 5:00 o.m. two days after the last day for filing affidavits of candidacy. After that date, no candidate may file an affidavit of withdrawal. Sec. 31. Minnesota Statutes 1998, section 206.90, subdivision 6, is amended to read: Subd. 6. [BALLOTS.] In precincts using optical scan voting systems, a single ballot card on which all ballot information is included must be printed in black ink on white colored material except that marks not to be read by the automatic tabulating 10 of 12 08/01/2000 3:34 PM CHAPTER 4 NOMINATIONS AND ELECTIONS Section 4.01. THE REGULAR MUNICIPAL F,LF,CTION, A regular municipal election shall be held on the first Tuesday after the first Monday in November of even numbered years at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.02. PRIMARY ELECTIONS. On Tuesday, at least six (6) weeks in advance of the regular municipal election, there shall be a primary election for the selection of two nominees for each elected office at the regular municipal election unless no more than two nominees file for each elective office. When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2). weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.03. SPECIAL ELECTIONS. The Council may by resolution order a special election and provide all means for holding it. At least three (3) weeks of weekly published notice of a special election shall be given in the official newspaper. The procedure at such election shall conform as nearly as possible to that prescribed for other municipal elections. Section 4.04. FILE BY AFFIDAVIT. Upon payment of the proper filing fee of five dollars ($5) to the Clerk, the Clerk shall place the name of the candidate upon the primary election ballot without partisan designation. Section 4.05. WITHDRAWAL OF CANDIDATE,.. Any person whose name has been presented in the manner provided for in the foregoing section as a candidate may, not later than twelve (12) o'clock noon of the day after the last day for filing, cause such name to be withdrawn from nomination by filing with the City Clerk a request to do so in writing, and no nave so withdrawn shall be printed upon the ballot. City of Brooklyn Center -8- City Charter MINNESOTA ELECTION LAWS 2000 410.20 RECALL AND REMOVAL OF OFFICERS; ORDINANCES. Such commission may also provide for the recall of any elective municipal officer and for removal of the officer by vote of the electors of such city, and may also provide for submitting ordinances to the council by petition of the electors of such city and for the repeal of ordinances in like manner; and may also provide that no ordinance passed by the council, except an emergency ordinance, shall take effect within a certain time after its passage, and that if, during such time, a petition be made by a certain percentage of the electors of the city protest- ing against the passage of such ordinance until the same be voted on at an election held for such purpose, and then such ordinance to take effect or not as determined by such vote. History: (1294) 1909 c 170 s 5; 1959 c 305 s 5; 1986 c 444 410.21 APPLICATION OF GENERAL ELECTION LAWS, I New Material 20001 The provisions of any charter of any such city adopted pursuant to this chanter shall be valid and shall control as to nominations. primary elections. and elections for municipal offices. notwithstanding that such charter provi- sions may be inconsistent with anv_ Lyeneral law relating thereto. and such general laws. shall apply only_ in so far as consistent with such charter. Historv: (1295) 1909 c 170 s 6 412.02 CITY ELECTIONS; OFFICERSkTERMSI� -ACANC S Subdivision 1. Officers elected. The following officers shall be elected for the terms and in the years shown and in the cities described in the table. 183 Number of Years in City Officer Term Year Elected Elected Mayor Two Every two years Every statutory or four except where city four years is otherwise provided pursuant to statute Clerk Four Every four years Every statutory in year when standard plan city treasurer is not in which there is elected no clerk treasurer Treasurer Four Every four years Every statutory in year in which standard plan city clerk is not in which there is elected no clerk treasurer Clerk- Four Every four years Every statutory Treasurer in year in which standard plan city one council where such office member is exists pursuant to elected subdivision 3 Three Four Two every four Every statutory Council years and one in standard plan city members alternative with a council of election five 183 election at w_ h chr e_ officer is chosen 1 sors qualify the first Monday m Ja uary olh thou fl0 as such<shall hold'office:untiltheir succes =i; Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualifi- cation of a successor. The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election. Subd. 2b. Inability or refusal to serve. A vacancy in the office of mayor or council member may be declared by the council when the officeholder is unable to serve in the office or attend council meetings for a 90- day period because of illness, or because of absence from or refusal to attend council meetings for a 90 -day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings, whichever is earlier. When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary office- holder and restore the original officeholder. Subd. 3. Clerk, treasurer combined. In cities operating under the standard plan of government the council may by ordinance adopted at least 60 days before the next regular city election combine the offices of clerk and treasurer in the office of clerk treasurer, but such an ordinance shall not be effective until the expiration of the term of the incumbent treasurer or when an earlier vacancy occurs. After the effective date of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this chapter shall be performed by the clerk treasurer or a duly appointed deputy. he offices of clerk and treasurer may be reestablished by ordinance. If the offices of clerk and treasurer are combined as provided by this section and the city's annual revenue for all governmental and enterprise funds combined is more than $100, 000, the council shall provide for an annual audit of the city's finan- cial affairs by the state auditor or a public accountant in accordance with minim auditing procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the city's annual revenue for all govern- mental and enterprise funds combined is $100,000 or less, the council shall provide for an audit of the city's financial affairs by the state auditor or a public accountant in accordance with minim audit procedures pre- scribed by the state auditor at least once every five years, which audit shall be for a one-year period to be deter- mined at random by the person conducting the audit. Subd. 4. Repealed, 1973 c 34 s 7 Subd. 5. Repealed, 1983 c 359 s 151 184 MINNESOTA ELECTION LAWS 2000 Four Four Two each Every statutory Council election optional plan city members with a council of five Five Four Three every four Every statutory Council years and two in standard plan city members alternative with a council election of seven Six Four Three each Every statutory Council election optional plan city members with a council ofseven election at w_ h chr e_ officer is chosen 1 sors qualify the first Monday m Ja uary olh thou fl0 as such<shall hold'office:untiltheir succes =i; Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualifi- cation of a successor. The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election. Subd. 2b. Inability or refusal to serve. A vacancy in the office of mayor or council member may be declared by the council when the officeholder is unable to serve in the office or attend council meetings for a 90- day period because of illness, or because of absence from or refusal to attend council meetings for a 90 -day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings, whichever is earlier. When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary office- holder and restore the original officeholder. Subd. 3. Clerk, treasurer combined. In cities operating under the standard plan of government the council may by ordinance adopted at least 60 days before the next regular city election combine the offices of clerk and treasurer in the office of clerk treasurer, but such an ordinance shall not be effective until the expiration of the term of the incumbent treasurer or when an earlier vacancy occurs. After the effective date of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this chapter shall be performed by the clerk treasurer or a duly appointed deputy. he offices of clerk and treasurer may be reestablished by ordinance. If the offices of clerk and treasurer are combined as provided by this section and the city's annual revenue for all governmental and enterprise funds combined is more than $100, 000, the council shall provide for an annual audit of the city's finan- cial affairs by the state auditor or a public accountant in accordance with minim auditing procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the city's annual revenue for all govern- mental and enterprise funds combined is $100,000 or less, the council shall provide for an audit of the city's financial affairs by the state auditor or a public accountant in accordance with minim audit procedures pre- scribed by the state auditor at least once every five years, which audit shall be for a one-year period to be deter- mined at random by the person conducting the audit. Subd. 4. Repealed, 1973 c 34 s 7 Subd. 5. Repealed, 1983 c 359 s 151 184 CHAPTER 3 PROCEDURE OF COUNCIL Section 3.01. COUNCIL MEETINGS. The City Council shall hold regular meetings at such time and place as it by motion shall determine. Officers elected at the time of a regular municipal election provided for by this charter shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or at the first City Council meeting in January, or as soon thereafter as practical. Officers elected at a special election shall be sworn in and assume the duties of office to which they were elected on any business day or at any City Council meeting after the issuance by the City Clerk of the Clerk's certificate of election. Newly appointed Council members shall take the oath of office and assume the duties of office upon appointment, or on any business day, or at any Council meeting after being appointed. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty -four (24) hours' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. Section 3.02. SECRETARY OF COUNCIL. The City Clerk or the City Clerk's designee shall act as Secretary of the Council. The Clerk shall keep a journal of Council proceedings and such other records and perform such other duties as may be required by this charter or as the Council may require. The Council shall choose such other officers and employees as may be necessary to serve at its meetings. In the absence of the City Clerk, the Council may designate any other official or employee of the City (except the City Manager or a member of the Council) to act as Secretary of the Council. Section 3.03. RULES OF PROCEDURE AND OUORUM. The Council shall determine its own rules and order of business. A majority of all members shall constitute a quorum to do business, but a smaller number may adjourn from time to time. The Council may by ordinance provide a means by which a minority may compel the attendance of absent members. Section 3.04. ORDINANCES. RESOLUTIONS AND MOTIONS. Except as otherwise provided in this charter, all legislation shall be by ordinance. The aye and no vote and abstentions on ordinances, resolutions and motions shall be recorded. An affirmative vote of a majority of all the members of the Council shall be required for the passage of all ordinances and resolutions, except as otherwise provided in this charter. Section 3.05. PROCEDURE ON ORDINANCES. The enacting clause of all ordinances shall be in the words "City of Brooklyn Center does ordain Every ordinance shall be presented in writing. No ordinance except an emergency ordinance shall be passed at the meeting at which it is introduced, and at least seven (7) days shall elapse between its introduction and its final passage. Every ordinance, other than an emergency ordinance, shall be published in the official newspaper at least one week prior to the final passage. City of Brooklyn Center -6- City Charter Invoice 6248 Lakeland Avenue North Minneapolis, MN 55428 "YOUR COMPLETEAWARDS STORE" (763) 537 -3422 FAX (763) 533 -4101 1 5/23/2002 58864 CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PKWY MPLS., MN 55430 SHARON KNUTSON 763 -569 -3306 NET 10 DAYS W/C 1 PS0018 BLACK OVAL PEN SET 39.90 39.90 1 LASER ENGRAVING 6.00 6.00 1 C107G CLOCK 39.00 39.00 1 LASER ENGRAVING 5.00 5.00 1 ART WORK 18.00 18.00 1 SET -UP CHARGE 12.00 12.00 SUBTOTAL 119.90 TAX 6.50 7.79 for Charter Commission TT tf TOTAL $127.69 Purchase Order This order number MUST CITY OF BROOKLYN CENTER appear on your invoice. N® 1 2 1 5 4 1 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 CHARGE TO TELEPHONE (763) 569 3300 PROGRAM NO. I ACCOUNT NO. I AMOUNT TO: U Date ILA QUANTITY I UNIT DESCRIPTION PRICE II PER II TOTAL I lL II II II it r jan e I II II eA�n.L�es- o II II r II II 1 I ems- I d bcK II II II II II II TA y- II II II Purpose of Order aff% ro It e as ordered on 20 Signed PURCHASING AGENT