HomeMy WebLinkAbout1991 03-27 CHCAL
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KA-RCE 22, 1'991
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1, Call U- er
Roll C'all
3. Approvial of February 2 L99i, Xinutes
4, CorresDondence
A, ILet+--rs to Pc)st/'Northv7ei;t Ne-ws
letter to and from C i -1 -7 At+cirney Regarding Section 3.01 Council
'He
I t i ngs,
5. 01d B u s -i
A, Sef- t i on 3. Di, Cou i Meet i n,ps
Disco ion of <it/ Attorney' s Response
6: Section 2,05, Vacanl Coen ill
from Sub Committee
e. 'New Business
7, Next Yeeting to
J. &d jour nment
it
CRY
OF
:BROOKLYN
C ENTER
February 28, 1991
Mr. Charles L, LeFevere
Holmes and Graven
470 Ptilsbury Center
Xinneapol is, MN 55402
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561-5440
EMERGENCY POLICE FIRE
911
RE: Proposed Revisions to Section 3,01, COUNCIL MEETINGS
City of Brooklyn Center Charter
year Mr, LeFevere:
At the Charter Commission of Wednesday, February 27, 199i, the members
discussed a concept paper presented by Commissioner Ran Christensen
regarding Sectior 3. 01, A copy of that paper is attached for your
information, Following discussion of that concept paper, it was the
consensus of the group to revise that section Attached is a copy of the
current proposed wording for Section 3.Oj
Please review this current revision and provide us with your comments. Our
next meeting is scheduled for March 27, 1091, if possible, your comments
before that date would be appreciated. Thank you.
Sincerely,
Edward Conners
Chairperson
BROOKLYN CENTER CHARTER COMMISSION
cb
Attachments
C]
�YN o"
IN PROPOSED NEW VDRDTNG FOR
SECTION 3.01 COUNCIL MEETINGS
The City Council shall Kid regular meetings at SL time and place as it
by mntion shall determine. Elected officers provided for by this Charter
may be sworn in and assume the d0irs of the office to which they were
elected on or after the first business day of january, or at the first city
council meeting in Tanuary, or as soon rhereafter as practical. Newly
appointed council members may take the oath of office an or after the first
business day after receiving appointmenr, or at the next city council
meeting, or as soon thereafter as pra:7ical,
The Mayor of any twc members ot the Council may all special meetings of
the Council Upon at least twenty-four 120 hours' written notice to each
manber of the Council, Such notice shall be delivered personally to each
member or shall be left at the member's usual place of residence with acme
responsible person. All neetings of the Council shall be in compliance
with the Minnesota Open Meeting Law, and any records thereof shall be made
available a7 all reasonable times,
PEESENT WORDING FOR
SECTION 3.01 COUNCIL MEETINGS
On the first business day of january following d regular nanici}dal
election, the Council shall meet at tL,2 usutai place and time for the
holding of Council meetings. At this time. the newly elected members of
the Council shall assume their duties, Thereafter, the Council shall meet
at such times each month As nay be prc=ibed by ordinance or resolution,
The Mayor or any two members of the Caunnil may call special meetings of
the Council upon at least twenty-four 04) hour's written notice to each
member of the Council, Such notice shall be delivered personally to each
member or shall be left at his usual 71aae of residence with some
responsible person. Al_ meetings of Ae Council shall be in compliance
with the Minnesota Open Meeting Law. and any records thereof shall be made
available at all reasonable timso.
a Jar) /7 1
HOLMES GRAVEN
CHARTERED
Attorneys at Law
OBERT A. ALSOP
ALL D. BAERTSCHI
RONALD H. BATTY
MARY J. BRENDEN
STEPHEN J. BUBUL
ROBERT C. CARLSON
CHRISTINE M. CHALE
JOHN B. DEAN
MARY G. DOBBINS
JEFFREY ENG
STEFANIE N. GALEY
DAVID L. GRAVEN
CORRINE A. HEINE
JAMES S. HOLMES
DAVID J. KENNEDY
JOHN R. LARSON
WELLINGTON H. LAW
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612) 337 -9300
Facsimile (612) 337 -9310
WRITER'S DIRECT DIAL
337 -9215
JULIE A. LAWLER
CHARLES L. LEFEVERE
JOHN M. LEFEVRE.JR,
ROBERT J. LINDALL
LAURA K. MOLLF,T
DANIEL R. NELSON
BARBARA L.PORTWOOD
MARY FRANCES SKALA
JAMES M. STROMMEN
STEVEN M. TALLEN
JAMES J. THOMSON, JR.
LARRY M. WERTHEIM
BONNIE L. WILKINS
OF COUNSEL
ROBERT L. DAVIDSON
JOHN G. HOESCHLER
March 8, 1991
.I,
Mr. Edward Commers
Chairperson i tl"
Brooklyn Center Charter Commission's
Brooklyn Center City Hall
6301 Shingle Creek Parkway t
Brooklyn Center, MN 55430
Re: Proposed Amendment to Section 3.01 of The Brooklyn Center City Charter
Dear Mr. Commers:
I have reviewed the proposed amendment to Section 3.01 of the City Charter which you
forwarded to me by letter dated February 28, 1991. The proposed changes appear to me
to be reasonable and proper. I would, however, offer the following comments for your
consideration.
First, the language as proposed provides that a newly appointed council member may take
the oath of office on or after the first business day after receiving appointment. This
would not seem to allow for the taking of the oath at the same meeting at which the
appointment occurs. Ordinarily this would not cause any problems. However, there could
be situations in which the presence of the new council member is important for the
conduct of city business as soon as possible, including taking action on items at the same
council meeting at which the appointment occurs. If you wish to provide that the newly
appointed member may take the oath of office and assume duties immediately upon
appointment by the city council, the last sentence in the first paragraph ofa4ke oposed
Section 3.01 could be changed to read "Newly appointed council members the
oath of office and assume the duties o &ffice upon appointment.or on any business day or
at any council meeting after being appointed.
Neither the existing charter nor the proposed amendment addresses the swearing in of
officers elected at a special election. As you know, special elections only occur when the
city council is unable to make an appointment. However, you may wish to specify the way
in which any such elected officers may be sworn and assume their duties in the proposed
paragraph. This could be accomplished by changing the second sentence of the first
paragraph and adding a new sentence following that sentence, as follows:
is
Mr. Edward Commers
March 8, 1991
Page 2
"Officers elected at the time of a regular municipal election provided for by this charter
S)m4ziReT-be sworn in and assume the duties of the office to which they were elected on or
after the first business day of January, or at the first city council meeting in January, or
as soon thereafter as practical. Officers elected at a special election Wte sworn in
and assume the duties of office to which they were elected on any business day or at any
city council meeting after the issuance by the City Clerk of the Clerk's certificate of
election."
If you have any questions about any of these matters, please feel free to give me a call.
Very truly yours,
Charles L. LeFevere
CLL:rsr
March 12, 1991
TO: Brooklyn Center Charter Commission
FROM: Commissioner David Hildebrandt
TOPIC: Minutes of the Sub Committee on Council Vacancies
Members Present: Allen Anderson (Chair)
David Hildebrandt
Tony Kuefler
On March 8, at 8:00 P.M. the sub committee met in conference room
A of the City Hall to discuss proposed changes to section 2.05 of
the city charter.
After review and discussion of various proposed wordings, the
subcommittee members agreed on recommended changes. The changes
the sub committee would like incorporated to sections 2.05 are
listed below.
A person appointed to fill a vacant Council position,
cannot serve for more than one year. If the remaining
term of the vacant position exceeds one year, the vacancy
must be filled by a special election. If more thahtwo
people file for a vacant council position in a special
election,- -t4aa a primary shall be required.
The sub committee requests that all Charter Commission members
review the proposed additions so they can be discussed at the
next meeting. If all members agree on the proposed additions, we
can then proceed to discuss different strategies on how we want
to present the information to the City Council.
The meeting adjourned at 9:10 P.M.
1
PROPOSED NEW WORDING FOR
SECTION 3, 01 1_ M�EETTgGS
The r-it Council- �,-hali hold rezular meetings, at such time and place as it
bv motion shall determine, Rlec '7fficers provided for by this Charter
I
may be sworn in and assume the of the office to whik^.h they were
elected on or after the first business day of January, or at the first city
council meeting in January, or as soon thereafter as practical. Newly
appointed council members may take the oath of office on or after the first
business day after receiving appointment, or at the next city council
neetin-, or as soon thereafter as practical
The Ka vor of any two members of the Council may call. special meetings of
The C-ouRcil upon at least twenty -four (24) hours' written notice to each.
meirCber of the Council, Such notice ._hall be delivered personally to each
't T
Member or shall be lei at the member's u!=,;ual place of residence with some
responsible person. All meetings of t-fie Council shall be in compliance
with tb,e Minnesota Open Meeting Law, and any records thereof shall be made
available at all reasonable times
PRESENT WORDING FOR
SECTION 3, 0l COUNCIL MEETINGS
On the first business day of January following a regular municipal
election, th�- Council Shall meet at the usual place and time for the
tune, the newly elected members of
holding of Council meetings, At 7h IL,
the Council shall a_f_:�.sume their dutie!_ Therea-fil the Council shall meet
at such times eacli month as may be prescribed by ordinance or resolution,
T he Mayor or any two members of the F-ourcil may call special meetings of
the Council upon at least twenty-four (24) hour's written notice to each
member of the Council, Such notice shall be delivered personally to each
member or shall be left at hi usual place of residence with SoMt-M
re person. All meetings of the Council shall be in compliance
w 1 t' M
i ill the Minnesota Open _eting Taw, anti any records, thereof shall be made
available at all reasonable times.
3 of 3 Pages
March 24, 1991
Ms. Carole J. Blowers, Administrative Assistant
Brooklyn Center Charter Commission
6501 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Carole,
Thank you for the agenda package and for your note asking
that I notify you or Ed Commers if I will not be able to
attend the March 27, 1991 meeting.
I am enclosing a copy of the letter T sent to Ed on March 7,
1991 requesting that I be excused from the March 27th
meeting. It may be that in sending it to the city hall he
did not receive it in a timely manner. I do expect to be
present for the April meeting.
Of the two issues that are current, my view on the swearing
in process is expressed in the letter to Ed.
The following expresses my view on the appointment process:
If a special election is called for, there should be a
primary. If not, we are subject to the real
possibility of a very small number of voters electing a
candidate.
The current appointment process seems to have been
working well for us. All candidates who have been
appointed to the office in the last 30 years have
served the city well and have been well accepted by the
people. That's a pretty good track record.
The maximum term of appointment possible is consistent
with the current extended term of office, which was
proposed and approved by the voters primarily as a cost
saving measure.. To require primary and run -off
special elections is costly, and there is no reason to
believe it improves the quality or responsiveness of
elected officials.
We could, however, ensure avoidance of controversial
appointments by requiring a unanimous vote of the
council. I am aware of instances in the past where an
appointee was approached and stated informally that he
would not serve without a unanimous appointment. I
believe a unanimous appointment would ensure a smooth
transition. If agreement by the council is not
unanimous, then a special election would be
automatically invoked under current provisions of the
charter.
T would be grateful if you would pass this information on to
the other commission members for me.
Sincerely,
C
Ted L Willard
Charter Commission Member
L
March 7, 1991
Brooklyn Center Charter Commission
City of Brooklyn Center
6501 Shingle Creek Parkway
Brooklyn Center, MN 55430
Att: Chairman Edward Commers
Dear Mr. Commers,
I wish to express my regrets for not having written
previously to request to be excused from the January and
February meetings. I have had considerable difficulty in
getting my mail on a timely basis. For example, I received
the notice of the February 27th meeting on February 26th.
The holdup was in my mail forwarding service, not in delays
by the City in mailing. I have recently taken steps to
correct the problem, and so expect to be more timely in the
future. Even when our mail is sent promptly, it takes about
four to seven days to get here. I sometimes suspect the
post office thinks New Mexico is a foreign country.
My intent has been to review the materials accompanying each
meeting notice during my absence, and to submit comments and
suggestions along with a request to be excused from the
meeting. I have not yet received the notice for the March
meeting, but at this time I request that I be excused from
that meeting. I will be back in Brooklyn Center about April
15th.
I have reviewed the concept statement offered by
Commissioner Ron Christianson with the February agenda
package, and agree with this statement fully. I would hope
that It, or something very similar, could be processed by
our attorney into the appropriate language for the charter.
Thank you for your consideration.
Sincerel,���
Ted illard
6825 Drew Avenue North
Brooklyn Center, MN 55429
Temporary address:
The Lord's Ranch
Star Rte. Box 300
Mesquite, NM 88048