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
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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
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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