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HomeMy WebLinkAbout1992 03-25 CHCABROOKLYN CENTER CHARTER COMMISSION MARCH 25, 1992 7:00 P.M. CITY COUNCIL CHAMBERS AGENDA 1. Call to Order 2. Roll Call 3. Approval of February 26, 1992, Minutes (Enclosed) 4. Correspondence A. Letters to SunPost/Worthwest News RE: tonight's meeting B. Memo to Charter Commission Members RE: Wording for Section 2.05 sent 3-5-92 5. Old Business A. Status of Section 2,05, Vacancies in the Council B. Report from Sub Committee on Appointment Process 6. New Business 7. Next Meeting Date 8. Adjournment I March 5, 1992 Roxanne Benjamin Vice President-Managing Editor NorthWest News 7946 Zane Avenue N. Brooklyn Park, MN 55443 RE: Notice of Brooklyn Center Charter Commission Meeting Dear Ms. Benjamin: Please be advised that the Brooklyn Center Charter Commission will be meeting on Wednesday, March 25, 1992, at 7 P.M. in the Council Chambers at City Hall. We would appreciate it if you would publish this in the NorthWest News prior to that meeting. Thank you. Sincerely, Carole J. Blowers, C.P.S. Administrative Assistant BROOKLYN CENTER CHARTER COMMISSION Encls. cc: Allen Anderson, Chairperson Ted Willard, Publicity ie March 9, 1992 Mr. John Kerr, Editor Post Publishing Company 8801 Bass Lake Road New Hope, MN 55428 Dear Mr. Kerr: Please be advised that the Brooklyn Center Charter Commission will be meeting on Wednesday, March 25, 1992, at 7 P.M. in the Council Chambers at City Hall. Please publish this meeting notice in the Brooklyn Center SunPost prior to that meeting date. Thank you. Sincerely, Carole Blowers, C. P. S. Administrative Assistant BROOKLYN CENTER CHARTER COMMISSION cc: Allen Anderson, Chairperson Ted Willard, Public Relations M E M O R A N D U M TO: ALL CHARTER COMMISSION MEMBERS Ulyssess Boyd Ron Christensen Edward Commers Donald Gilbert David Hildebrandt Myrna Kragness Tony Kuefler Everett Lindh Eileeen Oslund Dennis Snook Susan Warner Ted Willard Beverly Wolfe 4 FROM: Allen Anderson, Chairperson Brooklyn Center Charter Commission DATE: March 5, 1992 RE: Section 2.05, Vacancies in the Council, Ordinance Format As per our meeting on February 26, 1992, the ordinance format for Section 2.05, Vacancies in the Council, has been prepared to present to the City Council. Because of the fact that the amendments to this section have been under consideration for a very long time period, I am sending you a copy of the entire Section 2.05 in its final ordinance format for your prompt review and consideration. As this will be presented and acted upon by the City Council on March 23, 1992, please contact me if you have any questions on the proposed wording po later the MARC 16th You may contact me by phone (560 -1727 at home) or contact me at 5351 Humboldt Avenue North, Brooklyn Center, MN 55430 nQ later t hin MARC 16tbL, That way, if further changes are needed, Carole will have time to meet City Hall deadlines for the City Council meeting. Thank you for your attention to this matter. Attachments CITY OF COOK LY N C ENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 FAX: 569 -3494 EMERGENCY POLICE FIRE 911 TO: Todd Paulson, Mayor Phil Cohen, Councilmember Jerry Pedlar, Councilmember David Rosene, Councilmember Celia Scott, Councilmember FROM: Allen Anderson, Chairperson Brooklyn Center Charter Commission DATE: March 18, 1992 RE: Proposed Changes to Section 2.05 of the City Charter This memo is to advise you that the Charter Commission on February 26, 1992, unanimously approved wording changes to Section 2.05, Vacancies in the Council, of the City Charter. Proposed wording for this section is enclosed. In summary, the reasons for the proposed changes are to provide for more specific directions as to how a council vacancy would be filled. The Commission felt modifications were needed in light of the fact that council member and mayor terms are now four years. Therefore, it is proposed that in the case of a vacated term of office being less than 365 days, the City Council will appoint. In the case of a vacated term of office being 365 days or more, an election shall be held. The wording regarding the timing of the election has also been modified to allow sufficient filing time. 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 has been placed on the City Council agenda for March 23, 1992. cb Encls. cc: Charlie LeFevere, City Attorney CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter. Auxillary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561-5440 to make arrangements. ORDINANCE NO. F 1=3 1 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 2.05 of the Brooklyn Center City Charter is hereby amended as follows: 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, fnr airy rgA-aan. a vaq g Ury should occur in the City Council or off ice nUkamar. tlp- Qity Council must DubltQA)Jv declare such vacancy within ten 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) departur of residepce from the Citv. (A vacancy in the Council shall be filled temporarily by the Council and then by the voters for the remainder 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).1 Section 2.05A. ERQQF=F TO FILL COUNCIL VACANCIES. The Council by a, major vote of all its remaining memb shall al2point a qualified person to ftll—iLbp vacancy uTLtil the person elected to serve the rte, nder of tba unex pired term takes nffjce. If th e Council fails to fiJl a vacancy within 40 thirty (3_0) days. the City Clerk shal call an electiQD to fill tbg- q I ORDINANCE NO. vacancy. The election be bald no sooner than one Lund ed (100) daya and no later than one b an thirty (130) days followi tba occurrence of the vacancy an to to otherwise zoverP&dDy thp__provi_5jgM5-aL Section 4. 03. Special Elections. vacancy tn _jI, the Council shall g filled teUpDZar y by the C.nuacjl a.2d, theD by the voters at a regular or special election to be Tald on the first Tuesda after the f i rst Non day of—lovember which follow5 the- r.ni)rre ce of- the vaL&Ugj�j_ provided, however. that if such date occurs within—mp hundlLe j (100) days _fr the ncourre ce of the vaaangy- this peri being ecessary tp allow tljle_I_Qr candidates to file, the election sha l l be held on the first Tuesdov after the first MDRdav of the following Novembe Tf more than two ueple file far a vacamt. council 12 SitinD in a special election, a pj_tmary sLIU be rea_ored. Ihe consis of three (3) fibers. Lf at anv t the membership of the Council is reduce to less than three (3). thp_ refining members sba-U by tb&I-r undzi=us A!Qtion ppoi t additional members to raise the membership to a minimum of three (3) ConsiAerattm Is to be given to former council members, mavnrs. or present —and past ct� ca issiDDRrs. All aV ted a S-reci' election q _6_ah&jj—aeXY gr a regular el g-tin is held. Nayor, Todd Paulson ATTEST: Deputy Clerk Date of Publication: Effective Date: Underline indicates new matter, brackets indicate matter to be deleted. Section 2. This ordinance shall become effective after publication and ninety (90) days following its adoption. Adotped this day of t 199--. Nayor, Todd Paulson ATTEST: Deputy Clerk Date of Publication: Effective Date: Underline indicates new matter, brackets indicate matter to be deleted. BROOKLYN CENTER CHARTER COMMISSION SUB COMMITTEE ON APPOINTMENT PROCESS MONDAY, MARCH 16, 1992 7 P. M. CONFERENCE ROOM B Present: Dennis Snook (Chair), Ulyssess Boyd Absent: Bev Wolfe, Don Gilbert, Myrna Kragness As only two members of this sub committee could make this meeting, a second draft of the letter to the Mayor and City Council as prepared by the Administrative Assistant for this committee prior to this date was reviewed. The second draft of this letter was printed with the suggestions as discussed by the entire commission on February 26, 1992. Item #2, last sentence regarding lobbying by the candidate, was discussed. It was decided by the sub committee that the full commission should make the decision on whether this sentence should be left in the letter or not. Item #6, regarding a formalized voting process was reviewed, and it was decided by the sub committee to go with the presented wording. Re submitted, V 6 Dennis Snook Chair Sub Committee /Appointment Process cb Attachment Second Draft of Letter to Mayor and City Council 18 M E M O R A N D U M TO: Sub Committee Members on Appointment Process forouncil Dennis Snook, Chairperson Ulyssess Boyd Donald Gilbert Myrna Kragness Beverly Wolfe FROM: Carole Blowers Administrative Assi ant Brooklyn Center Charter Commission DATE: March 13, 1992 RE: Draft Letter to Mayor /City Council Members Vacancies s As a reminder to you all, you will be meeting Monday, March 16, 1992, at 7 p.m. at City Hall in Conference Room B. This conference room is located like "behind" the Council Chambers where we usually hold our monthly full commission meetings. It is NOT the room across from the front lobby desk area. I did not have enough time to get this meeting notice in either newspaper; however, it was put on cable and posted at City Hall. I will NOT be able to attend this meeting. Therefore, I have taken time to retype, in advance of your meeting of 3 -13, the original draft letter to the Mayor and City Council members. I changed the first paragraph to indicate that the suggestions /questions relayed to them is agreeable to the full commission, not gust the sub committee. I added item #6 to reflect the discussion on the actual voting process to be used as per our meeting of the full commission on February 26. I did not delete the last sentence of item #2 regarding the lobbying situation. I leave this up to you to decide if you want to leave it in or not. Since I will not be at this meeting, you should enter City Hall via the police department (lower level) and go up through the elevator. If the doors are locked as you enter the main floor, you will need to ask a police officer to open the doors for you, and inform the police department when your meeting is finished. Thank you. Encl. L� y March 16, 1992 Mayor Todd Paulson Councilmember Phil Cohen Councilmember David Roseen City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 D R A F T L E T T E R Councilmember Gerald Pedlar Councilmember Celia Scott Dear Mayor Paulson and City Councilmembers: In the past several weeks, our sub committee on the appointment process for council vacancies has met. Their main concern is that all candidates have a sensible deadline to apply for a vacated position, that all candidates fill out a uniform application form, and that all candidates have the same questions asked of each of them in an open, public setting. This committee has reviewed their concerns with the full commission, and we concur with their suggestions. Therefore, we have the following recommendations and questions for the City Council: 1. When a vacancy occurs, the notice of vacancy should be published immediately in the city's official newspaper, as well as the closing date for applications, and the date and time of the interviews so the public has the opportunity to attend them. 2. All interested candidates should fill out a uniform application form &Ud submit a resume as well. This uniform application form should request if they are a U.S. citizen, b if they are a resident of Brooklyn Center, and if they are a registered voter, as well as other pertinent information needed. Also, if a conflict of interest exists, it should be noted on this form. If any lobbying has been done by the candidate, this information should also be listed. 3. The City Council should develop and use a standard list of questions to be asked of the candidates, so that all candidates are questioned equally. For example, if the question is asked of one candidate, "Are you planning to run in the next election for this position then a11 candidates should be asked this question. 4. The Charter Commission would like to know if the City Council feels they need more than 30 days to fill a vacancy, i.e., would 45 days be better? 5. The Charter Commission feels that if someone is appointed to fill a vacancy on the City Council, there should be at least one year between the next time that person can be appointed to fill another vacancy on the City Council. 6. The City Council should develop a formalized voting process in the selection of a candidate, with a written ballot monitored by an election judge appointed by the Mayor, with the final tally made public. We would appreciate your comments on our suggestions and questions by our next meeting, which will probably be April 22, 1992. Thank you. Sincerely, 0 Allen Anderson, Chairperson /Brooklyn Center Charter Commission