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HomeMy WebLinkAbout1992 10-21 CHCABROOKLYN CENTER CHARTER CONXISSION OCTOBER 21, 1992 7:00 P.M. AGENDA NOTE: Meeting will be held in the ARTS AND CRAFTS ROOM at the Community Center. 1. Cali to Order 2, Roll Call 3. Approval of September 23, 1992, Minutes (attached) 4. Correspondence A. Letter to NorthWest News RE: tonight's meeting 5, Old Business A. Publicity on Section 2.05, Vacancies in the Council 1. Resolution regarding wording at voting booth (attached) 2. Other action B. Preamble 1. Letter from Donn Escher (attached) 6. New Business A. Recognition Plaque for Ed Commers October 26th presentation 7. Next Meeting Date 8. Adjournment a Member Dave Rosene resolution and moved its adoption: RESOLUTION NO. introduced the following 92 -205 RESOLUTION CALLING SPECIAL ELECTION FOR SUBMISSION OF PROPOSED AMENDMENTS TO CITY CHARTER AND FIXING FORM OF BALLOTS. NOVEMBER 3, 1992 WHEREAS, the Brooklyn Center Charter Commission, appointed by the District Court of Hennepin County for the City of Brooklyn Center, has on July 27, 1992, delivered to the Mayor of the City proposed amendments to Section 2.05 of the Home Rule Charter duly adopted by the Charter Commission; and WHEREAS, the said proposal is to amend said Section 2.05 to read in its entirety as follows: (brackets indicate material to be deleted, underline indicates new material) 3 Section 2.05 VACANCIES IN THE COUNCIL. [The office of Mayor or Council member shall become vacant upon death, resignation, removal from office in any manner authorized by law or forfeiture of the office.] When. for anv reason. a vacancv should occur in the Citv Council or office of the Mavor. the Citv Council must publicly declare such vacancv within ten (10) days of its occurrence. 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, [or] (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council[.] or (5) departure of residence from the Citv. [A vacancy in the Council shall be filled temporarily by the Council and then by the voters for the reminder of the term at the next regular election unless that election occurs within one hundred (100) days from the occurrence of the vacancy, this period being necessary to allow time for candidates to file. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30) days, the election authorities shall call a special election to fill the vacancy. 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. 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).] RESOLUTION NO. Section 2.05A. PROCEDURES TO FILL COUNCIL VACANCIES. If the, unexpired term of the council vacancir is less than one vear. the Council by a malority vote of all its remainina members shall appoint a aualified person to fill the vacancv. If the Council fails to fill a vacancv within thirty (30) days, the Citv Clerk shall call a special election to fill the vacancv. The election will be held not sooner than ninety (90) days and not later than one hundred twentv (120) days followina the occurrence of the vacancv and to be otherwise aoverned by the provisions of Section 4.03, Snecial Elections. If the unexpired term of the council vacancv is one vear or longer, a special election shall be called by the Council or by the Citv Clerk if the Council fails to act within thirtv (30) days. The election will be held not sooner than ninetv (90) days, and not later than one hundred twenty (120) days followina the occurrence of the vacancv and to be otherwise governed by the provisions of Section 4.03, Snecial Elections. If more than two candidates file for the unexpired term. a nrimary election shall be held. The quorum of the Council consists of three (3) members: if at anv 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). THEREFORE, BE IT RESOLVED, by the City, Council of the City of Brooklyn Center: 1. That the question of the adoption of said proposed amendments to the Home Rule Charter of the City shall be submitted to vote of the electors of the City at a special election which is hereby called to be held at the regular polling places in the City on the 3rd day of November, 1992, concurrently with the general City election to be held on said date. 2. The Clerk is authorized and directed to cause notice of the time and places of holding such election and of the issue to be submitted to the voters by publishing a notice thereof once each week in the official newspaper of the City for two (2) successive weeks prior to said election. 3. The Clerk is authorized and directed to cause suitable ballots to be prepared for said election which shall be in substantially the following form: SHALL THE PROPOSED CHARTER AMENDMENT RELATING TO THE PROCEDURE FOR FILLING VACANCIES ON THE CITY COUNCIL BE ADOPTED? YES NO RESOLUTION NO. ,0-205 4. Such election shall be held and conducted and the returns thereof made and canvassed in the manner prescribed by law for such an election in the City. August 24, 1992 Date Todd Paulson, Mayor ATTEST: 4jj,� a. Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. _r G CITY NEWSLETTER MWT�Ya Please Vote In General Election On Tuesday, N o The General Election will be Tues- day, November 3, and polls will open at 7 a.m. and will close at 8 p.m. On the ballots are the names of can- didates for Federal, State, County, Judicial, and City offices. In addition, Brooklyn Center resi- dents will be voting on two questions as follows: QUESTION #1: SHALL THE PRO- POSED CHARTER AMENDMENT RELATING TO THE PROCEDURE FOR FILLING VACANCIES ON THE CITY COUNCIL BE ADOPTED? YES NO vember 3 QUESTION #2: SHALL THE BROOKLYN CENTER CITY COUNCIL BE AUTHORIZED TO LEVY A TAX OF ONE PERCENT ON GROSS RECEIPTS FROM THE SALE OF LIQUOR AND FROM THE SALE OF FOOD AT RESTAU- RANTS TO FUND APPROVED HOUSING PROJECTS IN THE CITY? YES NO The Charter Amendment will be posted at the precincts and published in the Brooklyn Center Sun -Post for voters to review. For polling location information or further information relating to the two ballot questions, call City Hall at 569 -3300. Voters Will Decide On Proposed Changes In City On November 3, Brooklyn Center voters will be asked to vote on a Absentee Ballots Absentee ballots for the General Election are available at City Hall. You can vote by absentee ballot at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway during nor- mal business hours, 8 a.m. to 4:30 p.m., Monday through Friday. The City Hall will also be open for vot- ing on Saturday, October 31, 1 p.m. to 3 p.m.; and on Monday, Novem- ber 2 until 7 p.m. If you wish to vote absentee by mail, please call City Hall at 569- 3300 to request an absentee ballot application. Once the completed application is received, a ballot will be mailed to you. arter change in the City Charter. The change (Section 2.05) deals with pro- cedures to fill Council vacancies when an elected City Council member is not able to complete the term of of- fice. The change will read something like this: 2.05 A If the unexpired term of the council vacancy is less than one year, the Council shall appoint a qualified person to fill the vacancy. A council appointment to fill a va- cancy is the present practice in accor- dance with the City Charter. A second part of the Charterwould include the following: 2.05 A I If the unexpired term of the (Continued on Page 2) City Has New Police Chief On September 14, the Brooklyn Center City Council, on the recom- mendation from City Manager Gerald Splinter, finalized the ap- pointment of Trevor Hampton as Chief of Police to replace retiring Chief Jim Lindsay. Chief Hampton began his new du- ties on September 28. He most re- cently served as Chief of Police in Durham, North Carolina, for four years, and before that was Deputy Chief in Columbia, South Carolina for four years. He began his law en- forcement career as a patrol officer and was promoted up the ranks to captain in Greensboro, North Caro- lina, where he served for 16 years. Chief Hampton has a bachelor's degree in industrial technology from North Carolina A T State Univer- sity, and is a master's degree candi- date in criminal justice at the Univer- sity of South Carolina. He plans to complete this degree in Minnesota. TREVOR HAMPTON Proposed City Charter Changes... council vacancy is one year or longer, a special election shall be called by the Council If more than two candidates file for the unexpired term, a primary elec- tion shall be held. When the original City Charter was adopted in Brooklyn Center, the term of office for elected council members was two years. Elections were sched- uled yearly. The Charter provided that any vacancy in the City Council would be filled by appointment and then by the voters at the next regular election (within a year). In 1986, the City Charter was amended by popular vote to make the term of office of Council members a four year term. Regular municipal elections were changed to the even numbered years. A result of this change was that the unexpired term of a vacated council position could be nearly two years in length and an appointed, not an elected, council member could be representing the people of Brooklyn Center for that length of time. After extensive consideration by BROOKLYN PARK BORDER Q A 3 4 s4� a� z 69TH AVE. N. 69TH AVE. N. ui Q 1-94 m 9 0 Q 5 !Z`y G 4 Ny 66TH AVE. N. Y 63RD AVE. N. o L 9 0 61ST AVE. N. 7 J Z tt 58TH AVE. N. 58TH AVE. N. fl 1 m 53RD AVE. N. T z v a W x ROBBiNSDALH BORDER PC3;L3G PLACES PRECINCT 1 liuthcaz! Church of the'Triune God, 5827 Humboldt Avenue North:... PRECINCT 2 Earle ;Brown; School, 5900 Humboldt Avenue .North. PRECINCT 3 E. ergareen Park-School; 7020 Dupont Avenue North;. PRECINCT 4 Willow .Lane 5 "ehao1, 7020 Perry Avenue North. PRECINCT 5: Orchard Lane School, 6201 Noble Avenue North. PRECINCT 6 Garden ±City Sehool;'C40U Brooklyn Boulevard. PRECINCT 7 dross itf Glory Church 5929 Brooklyn Boulevard. .:.:PRECINCT -8:. Nor hpoit'sIchoo1, 542I, Brooklyn Boulevard: (Continued From Page 1) the Charter Commission, the con- clusions were: Appointment to fill a City Council vacancy should be limited to unexpired terms of less than one year. The right of the people to have representative local government would be better served by providing for a special election if the unexpired term is one year or longer. The Commission endorses these changes as in keeping with the ideas expressed in the original charter and enhancing the changes made in 1986. The Brooklyn Center Charter Com- mission encourages all voters in Brooklyn Center to vote yes on these charter changes in the November election. Instructional Basketball Program An instructional basketball pro- gram has been designed for children in grades 3 to 6. Emphasis will be placed on sportsmanship, learning of skills and fundamentals of basket- ball. Classes are one -hour in length and will be held at Garden City School, with a registration fee of $20 for 10 sessions. Third and fourth graders will begin on Thursday, November 5, starting at 6:30 p.m.; fifth and sixth graders will begin on Thursday, November 5, starting at 7:30 p.m. Registrations are accepted imme- diately at the Brooklyn Center Com- munity Center, 6301 Shingle Creek Parkway. Please call 569 -3400 for more information. VA y M etes (er =4-e v PROPOSED CHANGES IN THE CITY CHARTER On November 3, Brooklyn Center voters will be asked to vote o� change in the City Charter. The change is in Section 2.05 that deals with procedures to fill Council vacancies when an elected city council member is not able to complete the term of office. The change will read something like this: 2.05 A ...If the unexpired term of the council vacancy is less than one year, the Council shall appoint a qualified person to fill the vacancy. A council appointment to fill a vacancy is the present practice in accordance with the City Charter. A second part of the Charter change would include the following: 2.05 A ...If the unexpired term of the Council vacancy is one year or longer, a special election shall be called by the Council. ...If more than two candidates file for the unexpired term, a primary election shall be held. When the original city Charter was adopted in Brooklyn Center, the term of office for elected council members was two years. Elections were scheduled yearly. The Charter provided that any vacancy in the City Council would be filled by appointment and then by the voters at the next regular election (within a year). In 1986, the City Charter was amended by popular vote to make the term of office of Council members .a four year term. Regular municipal elections were changed to the even- numbered years. A result of this change was that the unexpired term of a vacated council position could be nearly two years in length and an appointed, not an elected, council member could be representing the people of Brooklyn Center for that length of time. After extensive consideration by the Charter Commission, the conclusions were: a) Appointments to fill a City Council vacancy should be limited to unexpired terms of less than one year. b) the right of the people to have representative local government would be better served by providing for a special election if the unexpired term is one year or longer. The Commission endorses these changes as in keeping with the ideas expressed in the original charter and enhancing the changes made in 1986. The Brooklyn,Center Charter Commission encourages all voters in Brooklyn Center to vote yes on these charter changes in the November election. INFORMATION ON PROPOSED CHARTER AMENDMENTS ON NOVEMBER 3RD, BROOKLYN CENTER VOTERS WILL DECIDE AN AMENDMENT TO THE CITY CHARTER: SHALL THE PROPOSED CHARTER AMENDMENT RELATING TO THE PROCEDURE FOR FILLING VACANCIES IN THE CITY COUNCIL BE ADOPTED? YES NO HOW IS THE CITY CHARTER CHANGED? The Charter Commission voted unanimously to add Section 2.05A which includes: ...If the unexpired term of the Council vacancy is less than one year, the Council shall appoint a qualified person to fill the vacancy... ...If the unexpired term of the Council vacancy is one year or longer the Council shall call a special election to fill the vacancy... ...If more than two candidates file for the unexpired term, a primary election shall be held... WHY DID THE CHARTER COMMISSION PROPOSE THESE CHANGES? In 1986 Brooklyn Center voters adopted the following amendments to the City Charter: The terms of office for the Mayor and Council members were extended for four years Regular elections were scheduled every two years in even numbered years only As a result, the current Charter allows appointments to the City Council that last for two years. Although efficiency and continuity in the City Council are served by the appointment process to fill vacancies for the short term Citizens of Brooklyn Center should have the right to have elected representatives on the City Council if the vacancy is one year or longer The proposed amendment is in keeping with the democratic principles contained in the original Charter in that an appointed position on the City Council would be limited to one year PREPARED BY THE BROOKLYN CENTER CHARTER COMMISSION FOR ANY FURTHER INFORMATION ABOUT THE CHARTER AMENDMENT, CALL ONE OF THE CHARTER COMMISSIONERS LISTED BELOW: Allen Anderson 560 -1727 Eileen Oslund 537 -2858 Myrna Kragness 561 -7442 Beverly Wolfe 566 -3889