HomeMy WebLinkAbout1992 04-22 CHCAr
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BROOKLYN CENTER CHARTER COMMISSION
APRIL 22, 1992
7:00 P.M.
CITY COUNCIL CHAMBERS
AGENDA
1.
Call to Order
2.
Roll Call
3.
Approval of March 25, 1992, Minutes (Enclosed)
4.
Correspondence
A. Letters to SunPost RE: tonight's meeting
B. Letter of 3-27-92 to City Council Members RE: Wording for Section
2.05
5.
Old Business
A. Status of Section 2.05, Vacancies in the Council
B. Sub Committee on Preamble
C. Sub Committee on Appointment Process
6.
New Business
7.
Next Meeting Date
8.
Adjournment
Ck k X
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HOLMES GRAVEN
CHARTERED
Attorneys at Law
ORERT A. AL SOP
H. BATTY
S EPHE.N J. BI'BU'1.
ROBERT C. CARISON
JOHN B. DEAN
;MARY G. DOBBINS
STEF:ANIE N. CALEY
CORRINE A. HE.IN
JAMES S. HOLMES
DAVID J. KENNEDY
JOHN R. LARSON
WELLINGTON H. LAW
CHARLES L. LEFF.VE.RE
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612) 337 -9300
Facsimile (612) 337 -9310
WRITER'S DIRECT DIAL
337 -9215
April 9, 1992
Mr. Allen Anderson
Chairperson
Brooklyn Center Charter Commission
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Re: Proposed Changes to Section 2.05 of the City Charter
Dear Mr. Anderson:
WFIM APR 101992
JOHN M. LE.FEVRE, JR.
ROBERT J. LINDAIA,
LAURA K. MOLLET
DANIEL R. NELSON
BARBARA L. PORTWOOD
JAMES M. STROMMEN
STEVEN M. TALLEN
JAMES J. THOMSON. JR.
LARRY M. WERTHEIM
BONNIE L. WILKINS
GARY P. WINTER
DAVID L. GRAVEN (1929.1991)
OF COI'NSEL
ROBERT L. DAVIDSON
At its meeting of March 23, 1992, the City Council asked me to prepare comments to
the Charter Commission on the proposed amendments to the Charter submitted to the
City Council by your letter of March 18, 1992.
The proposal submitted was largely based on language which I had previously
drafted at the request of the Charter Commission. However, several provisions have
been added since my proposal was submitted. One of the new provisions, about
which the Council was concerned, was the sentence in the last paragraph of new
Section 2.05A, which provides: "Consideration is to be given to former council
members, mayors, or present and past city commissioners." The first concern about
this sentence is that it is not clear what appointments this language is intended to
apply to. This sentence immediately follows a provision which is taken from the
current charter and addresses appointments made where "members of the council is
reduced to less than three (3 11 Incidentally, the word "less" should be amended to
"fewer" to be grammatically correct.]. Therefore, it is not clear whether this
section is intended to apply only to appointments made to increase council
membership to three, or is intended to apply to all appointments. If the intent of
this sentence is the former, I would recommend that it be amended to read, "In the
case of slieh appointments made to increase the council membership to `three, ofkl y*'
cpnsider b___ Peen (etc.) If the intent of the commission is the
latter, I would recommend that it be deleted from this paragraph and added as a new
final paragraph as follows "In the case of a app ointments made pursuant to this
section, consideration is to a 'g1`ven (etc.
The second concern about this language had to do with whether such a requirement
is a good idea. Apparently some members of the city council felt that such a
requirement could unduly limit the field of candidates for appointment and if the city
council appointed a citizen who was not a former council member or commissioner,
CLL33004
BR291 -7 �1
p
Mr. Allen Anderson
April 9, 1992
Page 2
questions would be raised about whether the city council complied with the
requirements of the Charter. Additionally, of course, some of the persons required
to be considered would be people who had been rejected by the voters in previous
elections.
Another concern raised by one council member related to the first sentence in new
Section 2.05A which reads, "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. This sentence is taken
from Section 2.05 of the current Charter. The concern was that this sentence is
somewhat cumbersome d difficult to understand. Perhaps it would be clearer to
change this section to '-The Councg by n y ma o vote of all its remaining members
shall a point_a q
p ualified person'To ffi ttie vacancy. The person appointed shall
serve until the position is filled by a person duly elected to the position. A person
elected to replace an appointee shall serve for the- remainder of the unexpired term
of the vacant position, except in the case of_ an election held at the regular election
preceding the end of a full term, in which case the person elected shall serve a four
year term. For purposes of further clarification, it may be helpful to add, after
this language, the following sentence, "In any election in which one or more
positions are to be filled for unexpired terms, the persons receiving the most votes
shall be elected to the longest terms."
The Commission also added the following new sentence at the end of new Section
2.05A: "All appointed members shall serve until a special election or a regular
election is held. I assume that this provision is intended to mean that appointees
will serve not until the first day in January after the election but only until the
election in November. If this was the intent of the Commission, changes will also
have to be made in Section 3.01 of the Charter.
Under the current Charter, there can be elections at two times. One is at the
regular election in November of even numbered years. The other, which occurs only
when the Council is unwilling or unable to make an appointment to fill a vacancy, is
a special election which could occur at any time. Under Section 3.01 of the current
Charter, Council members elected at the general election (including those elected to
replace an appointee and serve the remainder of an unexpired term) take office in
January. Council members elected at a special election, however, take office
immediately after the issuance by the City Clerk of the Clerk's certificate of election.
It is logical that newly elected Council members would take office immediately after
a special election because the election could occur at any time of the year.
Additionally, because a special election is only held if the Council is unable to make
a timely appointment, the office could well be left vacant until the newly elected
member is sworn in.
Under the proposed Charter amendment, however, elections may also be held in
November of odd numbered years. Upon first considering the question of when
members elected in odd year elections take office, one is tempted to say they should
take office immediately rather than waiting until January. However, this conclusion
raises a number of questions. For example, why should a person elected in an odd
year to fill a one year term take office immediately when a person elected to serve a
CLL33004
BR291 -7
Mr. Allen Anderson
April 9, 1992
Page 3
two year term at an even numbered year election must wait until January?, If both
take office in January, this inconsistency is resolved. However, if the inconsistency
is resoiv ice imme i y after the election, a new question
arises. What would occur, for example, when an appointee is appointed in January
of the fourth year of a term so that the election is held in November for a full four
year term? If the person elected takes office immediately, that person would have
a term of four years and one and one -half months (approximately) while others
elected at the same election would not take office until January and would have only
a four year term. (This could be taken care of by awarding the extra long term to
the member receiving the most votes.)
I could attempt to draft language for all of the possible choices involved; however,
it would be helpful if the Charter Commission provided me with some guidance as to
their intent so that I could prepare appropriate for new Sections 2.05A and 3.01 to
accurately reflect the intent of the Commission.
he first option, which I will refer to as Option I, would be the most simple
approach. Under Option I, Council members would take office upon issuance of the
Clerk's Certificate of Election only is cases of special elections; and in the case of
all elections held on the first Tuesday after the first Monday in November (in both
odd year and even year elections) the member would take office on or after the first
business day in January.
The second option, which I will refer to as Option II, would provide that appointees
would be replaced as soon as possible after the election in either some or all cases.
If the Commission wishes this result, it seems to me that the approach should be the
same whether the election is for a one, two, three or four year term. If appointees
are to be replaced at the earliest time in all cases, I assume that the person receiving
the most votes would have the term of more than four years (approximately four
years, one and one -half months) those receiving the next most votes would have the
four year terms; and those receiving the next most would receive any remaining,
shorter terms.
If the Commission can advise me whether they wish to have Option I, Option II or
some modification of Option II, I will prepare the recommended language.
I should point out to the Commission that some problems may arise with Option II.
For example, it is my understanding that a person need not qualify for office at the
time of filing, but need only be qualified at the commencement of the term to which
the person is elected. Therefore, a person temporarily residing outside of the City
is not required, under normal circumstances, to establish residency until the first
business day in January. Therefore, a person could run for a four year term who
did not intend to qualify by establishing residency until their new residence was
ready for occupancy on January 1st. Assuming that such a person is not prepared
to establish residency until January 1st, a problem could arise if that person
received the most votes at a general election, and a sitting Council member moves out
of the City after the filings close for the election in November. In such a case,
under Option II, the person appointed would only serve until immediately after the
election. If the new person elected at the general election is unable to qualify at the
CLL33004
BR291 -7 �1
JZ
Mr. Allen Anderson
April 9, 1992
Page 4
time the office is open, a question arises whether their office is forfeited by reason
of failure to qualify at the time the position becomes open immediately after the
election.
Another problem could arise in a situation where a Council member expects to serve
until January 2nd, the normal end of his or her term, and to run again at the next
election for an additional term. If a vacancy in the office of Mayor occurred in June
of the election year, for example, such a Council member might refuse to accept an
appointment to the position of mayor, even if all of the Council members felt that that
person was the hest qualified to serve, if the Council member knew that he or she
could be out of office from mid November until January 2nd. This could occur, even
if the appointed '',Council member was re- elected, if that Council member won but did
not receive the most votes.
If Option I is chosen, such problems would not arise. Additionally, I should note
that Option I is consistent with the state laws applicable to statutory (i.e. non
charter) cities.
Finally, I should explain, for the information of the Commission, the effect that the
proposed amendments would have on Council member Cohen. Council member Cohen
is currently serving the fourth year of the unexpired term of a vacant position which
he was appointed to fill. Therefore, he would expect to serve until the first
business day of January, 1993. Even if the proposed Charter were amended today,
he would continue to serve until that date. As explained in an opinion of the
Minnesota Attorney General, No. 471 -m, dated August 22, 1963, a general law
changing the length of term of an appointee to fill a vacancy does not operate to
affect the term of appointments made before the law unless the law clearly so states.
A law [or Charter amendment] will not be so interpreted as to shorten the term of an
incumbent officer unless the intent to do so is clearly expressed.
If the Charter Commission members have any further questions, please feel free to
give me a call. If it would be helpful to have me present at the Charter Commission's
meeting, I would be glad to attend. In any case, I will await further instructions
from the Commission.
Very truly yours,
�ci I
Charles L. LeFevere
CLL rsr
cc: Gerald Splinter
CLL33004
BR291 -7
Philip Cohen
5501 Humboldt North
Brooklyn Center, Minn. 55430
April 21, 1992
Mr. Allen Anderson,Chairperson
BROOKLYN CENTER CHARTER COMMISSION
5351 Humboldt North
Brooklyn Center, Minn. 55430
Dear Chairperson Anderson:
Thank you for your letter of March 27th and my apologies for
not responding back by April 15th as you requested.
First, I want to thank the Charter Commission for the
diligent work that organization has done in addressing their
concerns about filling of vacancies on the city council and
this opportunity to respond to the commission.
My concerns are not so much about the wording that has been
developed. I believe that those concerns are commented to in
Charlie LeFevere's letter to you dated April 9th.
The position that I have advanced since this issue has been
before the Charter Commission is:
1). The current provisions in the city charter address
the matter of vacancies in a manner that allows the
council to act in a timely fashion and if they do
not, a special election occurs. In short, I do not
see the need to change this section.
2). That if it is the desire of the Commission to make
changes in the filling of vacancies as your organi-
zation is suggesting, then the matter should be
decided by the voters at a general election not
the city council.
I offer for your consideration, my reasoning on the above 2
points:
PRESENT VACANCY PROCEDURE SHOULD REMAIN:
I may come from a position of bias on this position, since
it under that provision my appointment to the city council
was made, but having been involved at the time the charter
was drafted, there was considerable thought given to the
matter of filling vacancies along with the other provisions
of the charter.
It was done at a time when we had elections annually, so the
matter of filling vacancies could be addressed to at the
next November elections.
However, it does allow the council to proceed to fill any
vacancies in a timely manner to fill out its membership and
if not,a special election will occur.
Charter Commission
April 21, 1992 Page 2
CHARTER CHANGE SHOULD GO TO THE VOTERS:
Since the proposal does shorten up the time for the
appointment process according to when the vacancy occurs and
the next' election, it does increase the probability
of a special election being called.
At special elections a very small of the voters usually
turn out. And, that small voting was one of the key arguments
to change from annual to every two year elections. Along with
that was the cost factor of having elections each year.
The enclosed news articles will describe some of the
arguments both ways on the charter issue. The voters spoke
in that 5,186 voted yes, 2,698 voted no.
That translates to a 65% vote in favor of election every two
years, no annual elections,the desire to have a greater
of the electorate participate in local elections and
reduce the cost of elections to the taxpayers..
I opposed the charter change in 1986, but I accept the will of
the majority and with respect to that mandate,any changes that
in my view would alter those 1986 Charter Election principles
should once more go to the voters for their consideration.
Once more, thank you allowing me to submit the foregoing
for your consideration and while we may differ on this
issue, I respect the time and effort that the commission has
done to bring this matter to public's attention.
urs truly,
P 1 Cohen, Councilmember
ity of Brooklyn Center
Encl.
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town. ndi,iissioii tickets ai e oiiaille at T
for adults $2 for students ."A
THERE WERE no entries in the f,ee senior girls': matinee, per-
senior high student category, but formance is ,m: Sunday, Nov. 2:
Ardy Silva won for adults, 16 -64. For more information,, call'- 566- f�'
She writes, "I am handicapped, I 6700, extension 163
(0 r LUNCHING ON TACOS with Governor Rudy Perpich in the sche
P ro an charter ch an e �3 Ouclonis Aric Mueller, grado six, at loft, Lindsey Jones, grade four,
�J al Iho official host school of the state's celebration of National Hol
lolluco and tomato fixings, salsa, peanut butter sandwiches, whole I
'l; o the Editor: !b the Ldilor: juice.
�V ote. YES on the n!' r.',: er..q
pp�� :136oklyn ,t Tli� pt pttrpo3 of p 'f.. t;,.•:,.
ICenter charter amendment 'whlch'k64" rook yn Center..City ,Charter ,s to Di will be at the top of the voting protect you and me; the citizens o t t C f
machine. If you fail to vote on the our city. It does this by establishing
amendment, this is the same as a the•spending authority of, the city
"no" vote. The amendment will
change city elections from every
year to even -year elections.
Remember when the village
election was held every December?
This was a holdover from township
days. 'Then in 1961 the, village
council changed village elections to
November. 'The next progressive
step•is to change local elections to
even years. The majority of
suburbs already have even -year
elections.
Last year only 402 people voted
out of 19,360 registered voters. In
1963 the cost per voter was about
$23. In 1965 the cost Increased to
nearly $32 per voter, 'These add-
manager and city council by,spcc,,
fying whether a. majority or unan-
imous vote of the vouncil is'. re-
quired to pass on issues before the
council. Many other issues are
covered in the 20 -page document,
However, perhaps.the,most im-
porlant.Issue: addressed In the
charter Is the section covering our
election process .OUR RIGIIT TO
VOTE: Much thought and delibera-
tion went into.,the original writing
of our charter, and it.has certainly
served us well over the years.:
Therefor6,;I,truly'fail to seethe
purpose of the'charter amendment
that is on the ballot Nov; 4.. And 'I
sets ev y at
fly ur'rSi' DICK
A tax levy of $42 million for
Anoka- Ilennepin School Dislricl
11's 1907 -08 budget was certified by
,the school board Oct. 13•
The levy represents an increase
of 7:75 percent over last year's levy
of $39.5 million. It should result in a
mill rate increase of no more than
1.5 'mills, according to District 11
finance manager Wayne Ileadlee.
The exact amount of the increase
will not be known until December,
When the county auditors have
completed their computations of
properly values in the two cu
IN 1986, THE IVI'AI, h
District II was 55,7.1 trill:
mill brought in $770,000 to
tricl.
Ileadlce estimated that
increase in property value,
percent to 5 percent, the n'
would increase by 1.5 mill
,v, increase of 7 percent in
lion, the mill rate would rel►
same and would add nu ne%
over last year.
The Anoka County audit
estimated all increase in va
year elections will only get more am appalled,; thaCi the..11rpoklyp
expensive and unnecessary. It is Center Charter Commission put the g q n d
not the best use of taxpayer's issue. on the ballot', without. first (Continued from Page 1)
money. The voter prefers the holding public hearings.':.
even -year elections.
Makes one wonder what they are
The Brooklyn Center League of up to Well, let's not ,wait to find
Women Voters supports greater out, ACT NOW to protect your.
voter participation. Let's have the voting .rights by joining. me in
mayor and city counciltnembers VOTING' NO. on the charter
elected by the greater number of amendment,,
people. Let's have a government of
(lie peope, by the people and for the Tony Kucfle'r
people. 'Then, we have less chance BROOKLYN CENTEIt
or small well organized groups to
control city elections,
Barbara Sex(on, President
League of Women Voters
of Brooklyn Center
BROOKLYN CENTER CRIME BY NEIGHBORHOOD
JULY AUGUST, 1986
IAOOAIIN /AAA 1710 A411.
...hopefully our donation will get
.'financially sound once
more.''
RESPONDING, HANSON
said, "This is wonderful -a very
generous gift of suI)port. It
definitely should help us in
meeting our share of the budgel
this year. This is a good exam-
pie of one community organiza-
tion helping another. It's the
nicest thing that ever happened
to us."
Steve Anderson, band vice
president, added, "This is a
tremendous boost to our organi-
zation. This remedies the con-
cern of the band about finances
this year. It lifts the burden off
our shoulders which was affec-
The band's request h
Brooklyn Center for an a
lional $500 in 1937 was denic
the Brooklyn Center City C
cil at budget time. llanson
said the band would like n
direction and guidelines f
the two communities.
Schicrenbeck said hl' had
ed in as director in the
when Iloiseth was not availa
One of his goals is to incrc
membership and band app
ances. "I would also like
make the communities n
aware of the band," he added.
The band practices from
to 9 :30 p.m. Alonday night:
North Vicw Junior Iligh, 5
09th Ave. N., Brooklyn 1
Schicrenbeck encouraged ad
IC
f ads]
th:,t the issue that
IN- mouth House a
4f i o
fenders in
i ts, read the staff
planning cour-
t. 22. While Alpha
dable record as a
the new facility is
tuber of full time
in size may affect
SEVERAL factors
on. One is the im-
ishments that sell
clients have chem-
ter is the existence
rer 100 children di-
ty.
ocal one, but resi-
Rven the informa-
onal use permit, I
Mary Hepokoski
tepresentative 4B
item
!le*t McGuire
years and feel he
He is extremely
ith the legislative
�G people is well-
Wrestling Boost
schools and has
.dicated to seeing
filthy recreational
fishing, skiing,
iriority on his list.
ucation for many
ing officer for the
This interest ex-
le's education.
:ommunity well in
i listen to the con
.gardless of party
to so if elected. In
the people.
process, vote for
I of us in western
Representatives.
A LE GROVE
+1 P� z-- -OSSEO
ti LE,GEta�'E
lIAPLE GROVE
k lacono —OSSEO
3d1r
es
Asks vote on Brooklyn. Cen er I cka rter
To the Editor:
City elections which coincide with state and na-
tional elections increase voter turnout and cut elec-
tion costs. Why would anyone want to continue to hold
the city elections in Brooklyn Center in the odd
numbered years? Here's why. Because in November
of 1983 only 586 citizens voted, a voter turnout of 3
And in November of 1985, only 442 citizens voted, a
voter turnout of 2%. How much easier to keep the
continued control of city offices in the hands of a
small, elitist group with a miniscule voter turnout,
than to provide for voting for city offices in the gen-
eral election when in November of 1984 some 17,021
citizens voted, a voter turnout of 75
THE ARGUMENT THAT FOUR YEAR terms of
office are not compatible with "responsive" govern-
Return incumbents
To the Editor:
On Nov. 4, Robbinsdale residents have an opportu-
nity to return to office, two highly qualified and expe-
rienced alderman, who have done an outstanding job:
Mike Holtz from the 3rd Ward, and Bert Johnson from
the 4th Ward.
In the last four years, they have been representing
these Wards, property taxes have been reduced every
year. Folks, that's four years in �a row. In 1987, the
taxes will be reduced again.
The City and the RHRA, working together, have
new construction in progress that has, and will
broaden our tax base in 1987 alone to the amount of 25
million dollars, more housing for the elderly, the
handicapped, the most fantastic commercial devel-
opment in the downtown area, resulting in hundreds
of new jobs.
meat is amusing in the light of the embarrassingly
low voter participation which has encouraged lack of
opposition in city elections, for which there has been
no opposition in the last four years. Retention of con-
trol by a small group is made possible by this off -year
election schedule, whereas the decisions would be
more representative of the total community of Brook-
lyn Center if made when a much higher percentage of
the citizens would get out to vote.
The *city charter amendment could have been ac-
complished by a unanimous vote of the city council. It
did, in fact, unanimously vote such approval in Nov-
ember of 1984. But the minds of the CBG endorsed of-
ficials were changed by pressure from the CBG who
"saw no reason to make changes in the charter which
has served the city well since 1966." Voter turnouts of
2% and 3% do not serve anything well but ensured
continuance of CBG control.
The thorugh and tboughtful' procedures of the-
Charter Commission have resulted in the charter
amendments which will be on the ballot on Nov. 4_
As the first president of the League of Women
Voters of Brooklyn Center, and as.a past chair of the
Brooklyn Center Charter Comission, I urge "yes"
votes on the charter amendments!
Viola A1. Kanatz. 3
BROOKLYN CENTER
To the Editor:
Brooklyn Center voters will be able to voice their
opinion on a Charter Amendment on Nov. 4.
Presently, councilmembers serve for three years L
and the Mayor serves two years. Because terms are
staggered, an every year is necessary. The
Charter Commission's proposal is to change coup
cUmembers term to four years and the Mayor's term
to four years also. Elections would be held on even
numbered years only.
Our reserve fund balance has been built up that
equals almost 47% of assessed values at no expense to
the Robbinsdale home owners.
Folks, let's return these two highly experienced and
qualified men back to office, so we can continue pro-
viding excellent service, and keep re- developing the
City of Robbinsdale.
Raymond A. Mattson
Mayor of Robbinsdale
Remember endorsement
To the Editor:
In 12 years at the Legislature Sen. Bill Luther has
worked for common -sense government in the tradi-
tion of the DFL and the late Hubert Humphrey.
Now, Bill's Republican opponent has decided that
his only hope to win is to try to convince people that
he's a DFLer.
We all.know that Bill Luther is the bniy DFL candi-
date' in .Senate District 47 and the only' one'ready to
work for all of us.
Jean Schiebel
BROOKLYN CENTER
es
The Charter Co has discussed and re-
searched this issue thoroughly for the past two years.
In fact, the Brooklyn Park Charter Commission used
our research before they submited an identical pro-
posal to their city.
A "Yes" and "No" lever will be next to the charter
question. Please look for this at the top of the voting
machine.
Ernie Erickson
Vice -Chair Brooklyn Center Charter Commission
The 'cliche' a
To the Editor:
Who do you go to for help if you have a problem
with the bureacracy in St. Paul? In my case, as a
constituent, I went to Rep. Lyndon Carlson. Within the
last 12 months a "beef" developed between myself
andtheFisheries Division, DNR.
Lyn, initiated on my behalf, a half dozen letters and
phone calls -to several department V.I.P.'s to secure
300 excess Atlantic salmon broodstock for stocking in
a metro lake previously stocked with rainbow trout.
The salmon in question averaged between six and
nine pounds. It was decided a year ago by fishery
GITV MAYOR TODD PAULsoN
OF BROOKLYN CENTER CITY HALL'
BROOKLYN OFFICE OF THE MAYOR 19HAUA6 1°
C ENTER 6301 SHINGLE CREEK PARKWAY O I
BROOKLYN CENTER MN 55429 kOME`t I O`�
PHONE: 569 -3300 FAX: 569 -3494 LAW OFFICE: 566 -1358
April 8, 1992
Allen Anderson, Chairperson
Brooklyn Center Charter Commission
5351 Humboldt Avenue North
Brooklyn Center, MN 55430
Dear Allen:
Thank you for all the good work you and the Charter Commission have
done on Section 2.05 regarding filling vacancies on the City
Council. I appreciate the patience, persistence and participatory
spirit with which the Charter Commission is addressing this needed
change.
I concur with the language drafted by the Commission. Personally,
I'd like to see vacancies filled by elections, rather than
appointments, whenever practical. But I defer to the deliberations
of the Commission in proposing special elections be held if there's
more than a year left in the term filled.
I do disagree firmly with the provision that gives special
consideration to past Mayors, Council members, or Commissioners
when the Council appoints a replacement. As a Mayor and past
Council member and Commissioner I don't think we deserve any
extraordinary priority over any other citizen. If the Council does
not appoint a past office holder, would that mean the Council is
violating the City Charter? Naturally the Council, on its own,
would weigh experience, knowledge and past service along with a
number of other factors in choosing an appointee.
I am confident the confusion over the meaning of some provisions of
your amendment can be worked out and clarified between yourself,
the Charter Commission and the City Attorney. I would also welcome
the opportunity to assist in any wordsmithing of those provisions.
Thanks again for asking for our comments and for all the important,
quality work provided by the Charter Commission.
Sincere
Todd Pauls
Mayor
CITY OF BROOKLYN CENTER
0 TP:PP
CITY
OF
BROOKLYN
L.- CENTER
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE: 569 -3300
FAX: 569 -3494
EMERGENCY POLICE FIRE
911
C J
Dear Community Organization:
The City of Brooklyn Center is pleased to offer your organization an opportunity to become
involved in the recently approved Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street
Programs. These programs are modeled after the MNDOT Adopt -A- Highway Program, and
are designed to involve civic organizations in a personal commitment to provide a cleaner
and safer community.
Community groups, clubs, churches, schools, service organizations, neighborhood groups,
scouts, and individuals are being asked to consider adopting one of the city facilities
highlighted on the enclosed map. Participating groups are asked to commit to providing
service at least three times a year for at least two years. In return, participating groups will
receive recognition in the form of a small sign at the facility, a City Council resolution
thanking them for participating, and the satisfaction of providing a useful community service.
Participants are asked to provide trash pickup and general cleanup. It is also possible for
groups to be involved in weed pulling and flower bed /shrub maintenance, flower planting,
painting, or other occasional services.
Mr. Kent Korman of the Park Maintenance staff is available to provide assistance in selecting
a City facility which best meets the interests and needs of participating groups. The Park
Maintenance Department will provide trash bags, gloves, litter pickup sticks, and other
materials, as well as safety vests for participants working near traffic. Park Maintenance
staff will collect and dispose of trash bags and other items.
If your organization is interested in participating in the Adopt -A -Park, Adopt -A- Trail, Adopt
A- Street programs, please contact Kent Korman in the Park Maintenance Department, 569-
3380, or Joyce Gulseth in the Engineering Department, 569 -3340, or send in the enclosed
application form. Projects will be allocated on a first -come first- served basis.
Thank you for considering participating in this program. We look forward to working with
You on this program.
Sincerely,
Diane Spector
PUBLIC WORKS COORDINATOR
April 14, 1992
CITY
OF
BROOKLYN
CENTER
APPLI CA TION FORM
I' 11
F M A I
PARK
TRAIL
STREET
The City of Brooklyn Center reserves the right to refuse, cancel or revise this agreement if in its sole judgement
the nature of the group or its sign is political, controversial, or in questionable taste, or if the group is not
meeting the terms and conditions of this agreement. By signing this agreement, the group acknowledges the
nature of the work and agrees to comply with the terms and conditions herewith to the satisfaction of the City of
Brooklyn Center.
Except for negligent acts of the City of Brooklyn Center, its agents and employees, the volunteers or their
agents shall assume all liability for, and save the City of Brooklyn Center, its agents and employees, harmless
from, any and all claims for damages, actions or causes of action arising out of the work to be done herein.
Any and all volunteers of the group or other persons while engaged in the performance of any work or service
performed under this agreement shall not be considered employees of the City of Brooklyn Center, and any and
all claims that may or might arise under the Worker's Compensation Act of Minnesota on behalf of said
employees or other persons while so engaged, and any and all claims made by any third party of the group's
volunteers or other persons while so engaged on any of the work or services to be rendered shall in no way be
the obligation or responsibility of the City of Brooklyn Center.
Name of Group
(Please Print)
Name of Group Representative
Address
Phone (H)
Name to Appear on Sign
1st Choice Park/Trail /Street
2nd Choice Park/Trail /Street
(W)
Signature of Group Representative Date
•3
CITY
OF
BROOKLYN
CENTER
TERMS AND CONDITIONS
0
PARK
TRAIL
STREET
1. The group agrees to pick up litter and perform other duties as agreed to in the
assigned City park/trail /street at least three (3) times per year over a two year period.
Park maintenance staff suggest that the services be provided during the following
periods: April 10 May 10; July 1 31; and September 1 30. Groups are welcome
to volunteer more often, or during other periods as appropriate.
2. The group shall perform said services during daylight hours only.
3. The group shall provide adequate supervision to participants eighteen years of age or
younger on site at all times during the project.
4. The group shall arrange project dates at least one week in advance with designated
City Adopt -A Program personnel. The group shall obtain materials during regular
City Garage business hours, which are 7:00 a.m. 3:30 p.m. Monday- Friday. The
Garage is located at 6844 Shingle Creek Pkwy, and the phone number is 569 -3380.
5. The group shall place filled trash bags and other items to be discarded at a
prearranged pick -up point at each project location. Groups are encouraged to recycle
appropriate materials for their own benefit.
6. Borrowed or unused supplies shall be returned to the City garage within one week.
7. Groups wishing to contribute other services or perform one time special projects
should contact designated City Adopt -A Program personnel. Any planting projects
must be approved in advance by the Director of Public Works.
The City of Brooklyn Center agrees to:
1. Provide trash bags, gloves, and litter pickup sticks. Safety vests will be provided if
volunteers will be working on a street. When necessary, as determined by the City
Engineer or his designee, temporary traffic warning signs will be provided.
2. Arrange to remove filled trash bags and large, heavy, or hazardous materials from the
project location.
3. Erect a sign at the project location highlighting the group commitment to the Adopt -A
Program and obtain an annual City Council resolution thanking the group for its
commitment.
ADOPT
J
:7
300 v SlITI ZZ 19
u n l� x"Z -0
SIDEWALKS
EXISTING ON STREET TRAILS
EXISTING OFF STREET TRAILS
PROPOSED ON STREET TRAILS
I� PROPOSED OFF STREET TRAILS
.nw war UAP i
SEE KEY ON REVERSE SIDE
ADOPT -A PROGRAM SITES
PARK Illllillll( TRAIL looloolool 'STREET
Adopt -A -Trail
30. SHINGLE CREEK NORTH 69th Avenue to I94/694 Pedestrian Bridge
31. SHINGLE CREEK SOUTH Hennepin County Center to CR 10
32. LILAC DRIVE Centerbrook Golf Course to CR 10
33. 69th AVENUE Brooklyn Blvd to Shingle Creek Parkway (avail 1993)
Adopt -A- Street
34.
SHINGLE CREEK PKWY N
69th Avenue to I94/694
Adopt -A -Park
SHINGLE CREEK PKWY S
1.
BELLVUE
55th and Aldrich Avenues
2.
GRANDVIEW
59th and Humboldt Avenues
3.
LIONS
55th and Russell Avenues
4.
HAPPY HOLLOW
50th and Abbott Avenues
5.
NORTHPORT
55th and Sailor Lane
6.
GARDEN CITY
63rd and Brooklyn Drive
7.
BROOKLANE
65th and Drew Avenues
8.
KYLAWN
61st and Kyle Avenues
9.
ORCHARD LANE
65th and Orchard Lane
10.
WANGSTAD
61st and France Avenues
11.
WILLOW LANE
69th and Orchard Lane
12.
WEST PALMER
Palmer Lake Circle
13.
EAST PALMER
71st and Oliver Avenues
14.
FIREHOUSE
65th and Bryant Avenues
15.
EVERGREEN
72nd and Bryant Avenues
16.
RIVERDALE
Dallas and Riverdale Roads
17.
FREEWAY
67th and Beard Avenues
18.
TWIN BEACH
Twin Lake and Lakeside Avenues
19.
CENTRAL
Shingle Creek Parkway and Brooklyn Drive
20.
RIVER RIDGE
Mississippi River and 194/694
21.
LAKESIDE
Twin Lake Boulevard and Lakeside Place
22.
MARLIN
Marlin Drive and Indiana Avenue
23.
TWIN LAKE ISLAND
Upper Twin Lake
24.
TWIN LAKE NORTH
58th and Major Avenues
25.
TWIN LAKE PENINSULA
Halifax and Eckberg Avenues
26.
ARBORETUM
61st and Major Avenue
27.
SHINGLE CREEK NORTH
Both sides of Brooklyn Blvd, north of Wingard Lane
28.
TWIN VIEW OUTLOTS
51st Avenue and Twin Lake Boulevard
29.
WELL HOUSES
East side of Camden Avenue, 70th to 72nd
Adopt -A -Trail
30. SHINGLE CREEK NORTH 69th Avenue to I94/694 Pedestrian Bridge
31. SHINGLE CREEK SOUTH Hennepin County Center to CR 10
32. LILAC DRIVE Centerbrook Golf Course to CR 10
33. 69th AVENUE Brooklyn Blvd to Shingle Creek Parkway (avail 1993)
Adopt -A- Street
34.
SHINGLE CREEK PKWY N
69th Avenue to I94/694
35.
SHINGLE CREEK PKWY S
I94/694 to CR 10
36.
FREEWAY BOULEVARD WEST
Xerxes Avenue to Shingle Creek Parkway
37.
FREEWAY BOULEVARD EAST
Shingle Creek Parkway T.H. 252
38.
SUMMIT DRIVE
Shingle Creek Parkway to T.H. 100
39.
JOHN MARTIN DRIVE
Shingle Creek Parkway to T.H. 100
40.
EARLE BROWN DRIVE
John Martin Drive to Summit Avenue and loop north
41.
COUNTY ROAD 10
Brooklyn Boulevard to T.H. 100
42.
HUMBOLDT AVENUE
194/694 to 69th Avenue
43.
DUPONT AVENUE NORTH
I94/694 to 69th Avenue
44.
DUPONT AVENUE SOUTH
194/694 to 57th Avenue
45.
46.
WEST RIVER ROAD
LYNDALE AVENUE
66th Avenue to 73rd Avenue
53rd Avenue to 57th Avenue (includes river bank)
47.
FRANCE /LAKEBREEZE AVES
51st to Azelia Lane