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
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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
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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
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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
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ORDINANCE NO.
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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)