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HomeMy WebLinkAbout1994 11-16 CHCAL-1 CITY OF BROOKLYN C ENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY POLICE FIRE 911 FROOKLYU CENTER VARTER COMMISSION COUNCIL 7HAMBERS _TTY HALL W&KBE3 16, 1994 7 F,M NOTE LOCATION: CONFERENCE ROOM R AGENDA Call to Order 21 R51: Call 3, Approval of Minutes of September 23, 1994 4. Correspondence/Communications 5. Old Busines�E� A. Final Form of Section 2.05 hmendment Q New Business A. KemkerohW of the Comnissior B, Nominating Committee C. Sectional Review of Charter 7, Next Meeting Date V Adjournment NOTE: 1 YOU-QAHNOT YLY, PT,FASF .]Q -N1ACT C!EQLE- 500-0421 03 EILEEN 05TEUIIVTI 1 i IR I F 2858 THAIK YOU. ,_JJ 537 CITY OF B ROOK LY N CENTER TO: Todd Paulson, Mayor David Rosene, Councilmember Celia Scott, Councilmember Barb Kalligher, Councilmember Kristen Mann, Councilmember 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 FAX: 569 -3494 EMERGENCY POLICE FIRE 911 FROM: Eileen Oslund, Chairperson Brooklyn Center Charter Commission DATE: October 7, 1994 RE: Proposed Change to Section 2.05 of the City Charter This memo is to advise you that the Charter Commission on September 28, 1994, unanimously approved wording changes to Section 2.05, Vacancies in the Council, of the City Charter. Proposed wording for this s=ection is enclosed. In :summary, the reasons for the proposed changes are to provide for more specific directions and uniform guidelines for the Council to use to the process of advertising for vacant seats on the Council, receiving the applications, interviewing the candidates, and making selections. These proposed changes also incorporate comments made from various Council members and the City Attorney at the City Council meeting of September 12, 1994. It is proposed that Sections 2.05, 2.05a, and 2.05b be amended as shown on the attached pages. Pursuant to Minnesota Statutes 410.12 Subdivision 7, the Brooklyn Center Charter Commission recommends the adoption, by ordinance, of the attached proposed amendments to the Brooklyn Center City Charter. This item will be placed on the October 24, 1994, City Council agenda. If you have any questions, please contact me. Thank you. cb Encl. cc: City Attorney °FA i�uian f "Ib It is intended that current Sections 2.05 2.05a of the charter be deleted in their mfirety and be dated by the followin res tructured .4ections 2.05: 2.05a 2.05b. Section 2.05 VACANCIES IN THE COUNCIL. When, for any reason, a vacancy should occur in the City Council or office of the Mayor, the City Council must publicly a ra s El scj-e cD 0 �-e -C e, C9--c declare such vacancyMthin t6i (10) days of its occurrence. Notice of the vacancy shall ti- e be posted at City Hall and sent to the official city newspaper on the next business day. The Mayor or Council member shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council, or (5) departure of re i idence from the City. I r f the 1' r cr E h e Ci�-�� UT� �"{e C C C(,t r re V.cr unexpired term of the council vacancy is less than one yeaOthe Council by a majority vote a ca "I,/-) of all its remaining members may either appoint a qualified person to fill the vacancy or call for a special election. If the unexpired term of the council vacancy is one year or oY -�e L�� C(eek i �ou rc longer, a special election shall be called by the Councig N tice of the vacancy, with a a c+ description setting forth the minimum set of legal qualifications to hold public office shall (,o w Y4Y -f be posted at City Hall and sent to the official city newspaper on the next business day. A quorum of the Council consists of three (3) members; if at any time the membership of the Council is reduced to less than three (3) members, the remaining members may by unanimous action appoint additional members to raise the membership to three (3). Pev BCCHARTR.WPS;tk ;Ef22t�# I Section 2.05x. PROCEDURES TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION. If the unexpired term of the council vacancy is one year or longer, or if the unexpired term of the council vacancy is less than one year and the Council chooses not to fill the vacancy through the appointment process, a special election shall be called by the or 4� kke— City Clerk The election will be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. Section 2.05b: PROCEDURES TO FILL COUNCIL VACANCIES BY COUNCIL APPOINTMENT. If the unexpired term of the council vacancy is less than one year, the Council by a majority vote of all its remaining members may appoint a qualified person to fill the vacancy. Notice of the vacancy, with a description setting forth the minimum set of legal qualifications to hold public office shall be posted at City Hall and sent to the official city newspaper on the next business day and shall include the following information: n q,p ro U0 cc b f e (W c o ct h e 1. Uniform application4 rust be receiveg(he City Clem, no later than twenty one (2I) days from the date of the declared vacancy. Application forms submitted by the applicants are public documents. Applications shall request, at a minimum, all information required by Minnesota Statutes of candidates filing for the office. Applications shall not require information defined by the Minnesota Data Practices Act as non public information. Additional information forms may be adopted by the City Council and shall be required of each applicant uniformly. The applicant may submit a resume, in addition to the uniform application forms. 2.� interview scheduling shall be completed and posted at City Hall no later than twenty -five (25) days from the declared vacancy. 14W11 e a _S b reS4govs ble -Y 6r Ye 6u P.s4; _j c4e0e c�iah�ces, P le pp V BCCHARTR.WPS;tk;6{�34' '5 45y 2 Section 2.05b: PROCEDURES TO FILL COUNCIL VACANCIES BY COUNCIL APPOINTMENT. (continued) 3. Interview process shall not start earlier than twenty -eight (28) days from the declared vacancy. 3a. Applicants shall be interviewed by the council, in accordance with the State of Minnesota open meeting laws. 3b. A uniform list of_c q estions4hat shall be asked of -Melt- applicant coi "table- +0 +Ae shall alsa. be mad*ublic i —Y Q yc� k e O-Pd0 C 1. do nc°L d-f i1' eYvi i 1 u0 a6 +fi_ }hF �•nrP [111PCtt[1T1C TYIAV A�C (,Z o f o e4t e Q�� e x 4 e,,4 t Y e a �o�,ubl Y 0 a Cf le- J()� u �s fJT G/7Y)/ Cgn�S a ��ie iN7PrV:ei�S S�Ck �J�° u h. TOrin4 4. Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each council perso% �ay cast only one vote for a jt Y'e s� i-- U V et y v k cJ, d oes h preferred applicant on each called -for vote to appoint. Written ballots listing the `i k o— applicant(s) shall be used. Each council person's vote shall be recorded. A simple o� CLOAd- majority of the council votes shall appoint that applicant to the city council. d o 4 e- 5. If the Council pursues the appointment process but then fails to fill a vacancy \-e 5 within forty -five (45) days, the City Clerk shall call a special election to fill the vacancy. 4-, ok The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (135) days following the occurrence of the vacancy and to be Ca J.-' otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term. a primary election shall be held. �P v BCCHARTR.WPS;ti<, 2794 3 MINUTES OF THE BROOKLYN CENTER CHARTER CDXXISSIGN SUB COMMITGE ON SECTION 2.05 SEPTEME95 28, 1994 CITY HALL COUNCIL CHAMBERS Present: Tony Defier (Chair of Sub- Cemmittee), Myrna Kragness, Eileen 3slund, Tim Willson, and Ulyssess Boyd The meeting began at 7:45 p.m The City Atterney's letter and the minutes regarding Section 2,05 of the City Charter from the City Council meeting of September 12, 1994, were reviewed. After discussion of poi it was suggested to add 2.05A, and five areas c ats was made in reference to Council and city Attorney concerns language to three areas of Section 2.05; one area of Section E Section 2.05B (1), See attachment to the full Charter Commission minutes dated September 28, 1994, for complete wording. The full Charter Commission will vote on these latest revisions tonight when they reconvene at 8: 30 p, m, Meeting adjourned at 8:28 p.m, Respectfully submitted Carole J, B! wers, C.F.S. Adminiztrative Assistant 40 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 1994, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 2 of the 'Brooklyn Center City Charter. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OIL BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 2.05 of the Brooklyn Center City Charter is hereby amended as follows: ion 2.4 5._ VAC"ANCIRS IN THE COUNCIL. Whcn, for any reason, a vacancy should occur in the City Council or office of the Mayor, the City Council must publicly declare such vacancy and soccifv_the date of occurrence of the vacancv within ten (10) days of its occurrence, Notice_or the vacancy shall be nostcd at CiV Egli and sent to the official city newsuar?cr on the next business day. The Mayor or Council member shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council, or (5) departure of residence from the City. If the unexpired term of the Council vacancy is less Than one near from the date of the occurrence of the vacancy. the Council by a mainrit.v vote of.-all i ts remaining members may either anoint aSualified_orson to fill the vacancv or call fora special election. If the unexpired term of the Council vacancy is one vear or lopes a special election shall be called by the Council or by the Cit.v Clerk if the Council fails to gg_t within thirty_ aQaQ days. Notice of the vacancy.` with a description setting forth th& minimum set of legal oualifications to hold nublic office shall be posted at City Wall and sent to the official city ncwsnaner on the next business day. A ouorum of the Council consists of three (31 members: if aLany ime the membership of the Council is rejuced to less than Three (3) members. the remainine members niayAv unanimous action appoint additional Xneinbers to raise the membership to three (3). [Section 2.05x. PROCEDURES TO FILL COUNCIL VVACANCIES. If the unexpired term of the council vacancy is less than one year, the Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy. If the Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a special election to fill the vacancy. The election will be held not sooner than ninety (90) days and E C1 S S 9, A V: s to s` rb I k) ORDINANCE NO. C] not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If the unexpired term of the council vacancy is one year or longer, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days. The election will be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held, The quorum of the Council consists of three (3) members; if at any time the membership of the Council is reduced to less than three (3), the remaining members may by unanimous action appoint additional members to raise the membership to three (3).] Section 2.05a. PROCEI)URPS TO FILL COUNCIL VACANCIES BY SPEC ELECTION. If the unexpired term of the council vacancy is one vear or longer. Pr if the unexpired term of the Council vaeancv is less than one year and the r9uncil chooses not to fill the vac n ncy through the t Mpintment nroccss a s pecial election shall be ..,.alled by the Council or by lei _City Clerk if the Council fails to act within thirty (30) days. The election will be held not sooner than ninety (90 days and not later Than one hundred twenty f 120) days following the occurrence of,� vacancy and to be othery i by the orovisions of Section 4,03,,1necial Elections. If more than two candidates file for the linexoired term. a orirnary election shall be held, Section 2.05b. PROCEDURES TO FILL COUNC VACANCIES B COUNCIL APPOINTMENT. if the unexpired term of the council vaeancv is less than one year, th Council by a t iority vote of all its remaining members may ppoint a (ua.lified person to fill the vacancy. Notice of the vacancy. with a description setting forth _the minimum set of legal qualifications to hold public office shall he hosted at Citv Hall and sent to the official city newsuaoer on the next business day,j shall include the fnllovwj information. 1. Uniform at) lications in g form avnroved by_,the City_ Council trust be received lv the City Clerk. no later than twentv -one (21) days from the date of the declared vacancy, Annlieation forms submitted by the aolica,nts are public documents. A shall reatiest. at a minimum all i nformation Mquired "inn=ta Statutes of candidates filing for the office. AD li ins shall not require information define(Lj the Minnesota D41A P_ ac tices AcU5 non public information. Additional information forms may be adopted by the City Co nQ:i and shall be reouircd of e�.ch 42plicant uniformly. The applicant m r bmit a resume. in addition to the uniform. olicatk. t) forms, 2. Tentative interview schedulin shall be completed and nost.ed at City Hall ORDINANCE NO, no lg, r h n wen�v -rive (25 ays from the declared vacancy. ApplicanIA call be responsible for requesting schedule chance, I Interview process shall not start earlier than twenty-cieht (28) days from the declared vacancy. g. AgplicaniLShall he int eryigwed by t he Council. in accordance with The State of Minnesota own meeting laws. b. A uniform list of initial aucstions to he W. of all applicants shall be made available to the public and the anplicant c in advance of interviews. To the extent reasonabiv practicable. duestions asked of lal app licants at the intcrviews sha ll be unifo 4. Selection Process. Unon completion of the inter _p rocess. the Council My call for a vote t apo int &n licantch C.oiJ member may cash Qnly one vote for a preferred aoolicant on each called -for vote to amoin vote. which does not result in a maioritv vote for one candid _shall result in elimination from oonnidoration of anv oandidato. Writlon ballots liatine tha is annlicant(s) shall be used. Each Council member's vote shall be recorded. A simple maiority of the Council votes shall appoint tbjt2pplicant to the City .Counci S. If the Council pursues the aoDointment process but then faits t oA.11 a vacancv within fortv -five (45) days. the Citv Clerk shall call a soecial election to fill the vacancv. The soecial election will be held not sooner than one hundred five (105) days and not later than one hundred thirt.v -five (1355) dava followine the occurrence of the vacancv and to be otherwise governed by the provisions of Section 4a Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1994. Todd Paulson, Mayor l uti �s S/ffl� /ea. RJ JEM.E3�25'lf tP of 9`H� CCXIA/ClL LS 12�D. ivt' AFB [lNAMI�10luS HOLMES GRAVEN CHARTERED Attorneys at Law ROBERT A. ALSOP RONALD H. BATTY STEPHEN J. BUBUL JOHN B. DEAN MARY G. DOBBINS STEFANIE N. GALEY CORRINE A. HEINE JAMES S. HOLMES DAVID J. KENNEDY JOHN R. LARSON WELLINGTON H. LAw CHARLES L. LEFEVERE JOHN M. LEFEvRE, JR. ROBERT J. LINDALL 470 Pliisiwry Center, Minneapolis, Minnesota SS402 (612) 337 -9300 Facsimile (612) 337 -9310 WRITER'S DIRECT DIAL (412) 337-9215 ROBERT C. LONG LAURA K. MOLLET BARBARA L. PORTWOOD JAMES M. SfROMMEN JAMES J. THOMSON, JR. LARRY M. WERTHEIM BONNIE I.. WILX3NS GARY P. WINTER DAVID L. GRAVEN (1929 I99t) OF COUNSEL ROBERT C. CARISON ROBERT L. DAVIDSON T. JAY SALMEN October 28, 1994 Jerry Splinter City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Proposed Charter Amendment Dear Jerry: I understand that at its meeting of October 24, 1994, the city council approved first reading of a proposed charter amendment. After reviewing the proposed amendment, I still have a few minor amendments which I believe might be helpful. They are as follows: 1. In amended section 2.05, the sixth line from the bottom, I would recommend that the words "of the occurrence of the vacancy" be added after the words "act within thirty (30) days 2. In new section 2.05(a), at the end of the fiftli line, I would recommend that the words "of the occurrence of the vacancy" be added after G words "within thirty (30) days 3. In the second line of new section 2.05(b), paragraph 5, I would recommend that the words "from the occurrence of the vacancy" be added after the words "forty five (45) days 4. Finally, I find the format of new section 2.05(b) somewhat confusing. The paragraphs numbered 1 -6 under section 2.05(b) list a number of procedures which are to be followed in filling a council vacancy. However, these paragraphs follow the introductory language in the first paragraph of section 2.05(b) which provides that the notice of the vacancy shall include the following information:" Therefore, it seems that the information included in paragraphs 1 -6 was intended CLL78483 BR291 -7 Jerry Splinter October 28, 1994 Page 2 only to state the text of the notice of vacancy, rather than to specify that the procedures outlined in paragraphs 1 -6 are to be followed by the city council in filing the vacancy. Therefore, I would recommend that the word "information" in the last line of the first paragraph of section 2.05(b) be deleted and the following language added "description of the application and appointment process, which shall be followed by the city council: I assume that these changes would clarify the intent of the charter commission rather than change the substance of the proposed charter amendment. However, the city council can only adopt by ordinance a charter amendment which has been proposed by the charter commission. Therefore, at some time prior to final adoption of the ordinance, if the city council feels that the changes noted above are appropriate, these changes should also be approved by the charter commission. I do not believe, however, that the changes are so substantial that the first reading should be repeated or that the published text of the proposed amendment would have to be republished. If you have any further questions, please feel free to give me a call. Very truly yours, Charles L. LeFevere CLL:ckr CLL78483 BR291 -7 i W AKWkil t November 10, 1994 FROM: Tony Kuefler TO: Tim Willson Myrna Kragness Beverly Wolfe Robert Mickelson SUBJECT: Charter Amendment Revisions Enclosed is a letter from City Attorney LeFevere suggesting some wording changes to improve the clarity of our recommended amendment. I personally concur with and can support all of his recommendations. I therefore, ask that you review the changes as well, and let me know, in advance of our November 16th Full Commission Meeting, if you have any questions or concerns relative to any of the changes. If we are all okay with the changes, we can then present to, and ask for support of, the Full Commission on the 16th, and then get it back to the City Council, for their 2nd Reading on this amendment. PLEASE NOTE: In response to a concern expressed by the City Council..... Chairperson Oslund and I have taken the liberty of adding the words 'without following the procedures set forth in Section 2.05b' to the last sentence of Section 2.05, which deals with getting the Council back up to a majority of 3, if and when it ever fell below that number. Again, please review this to insure your concurrence. Respectfully yours, Tony V (561 -3251) cc Eileen Oslund Carole Blowers End .Copy of Eileen's memo to Splinter -City Attorney's letter Revised copy of the Charter Amendment (with an of the above already inoorpora into it)