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
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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
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Bach, Jeannette <JBach @LMNC.ORG>
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Attach:
OV.S. 4.doc
Subject:
Advanteges 8 disadvantages of Wards
Dear y.
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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
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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