HomeMy WebLinkAbout1990 10-24 CHCABROOKLYN CENTER CHARTER hi T,; SION
OCTOBER 24, 1990
7: 00 F, X.
CILTY HALL
AGENDA
i. Call to Order
2 Roll Call
3, Approval of September 26, 1990, Minutes
4. Correspondence
51 Old Business
A, City Council Action on Proposed Budget Revisions
(1) Possible Revision to Section 3,01 (see 1/24190 memo from
City Manager to Charter Commission attached)
B. Status of Proposed Council Vacancies Revisions
G. New Business
A. Appointment of Nominating Committee
7, Next Meeting Date
81 Adjournment
�I
MEMORANDUM
TO: Barbara Sexton, Chair and
Brooklyn Center Charter Commission Members
FROM: Gerald G. Splinter, City Manager
DATE: October 24, 1990
SUBJECT: Modifying Section 3.01 Council Meetings
In my memo to the Charter Commission dated January 24
referred to a section of the Charter the Commission
consider modifying. This section basically requires
Council, after a municipal election, to meet on
business day of January. Because the Council has
maintain consistent second and fourth Monday counci
dates, this requirement modifies that process and
creates problems for getting a quorum the day after th
day holiday.
r, 1990, I
ty want to
the City
the first
tried to
.1 meeting
at times
a New Year
The following is suggested wording for changing this section of
the Charter: Option A calls for regular meetings to be
determined, by motion, by the Council, and for newly elected
council members to be sworn in at the first meetinq in January.
Option B calls for regular meetings to be called for by the
Council, by motion, but the newly elected council members would
be sworn in on the first business day of January.
I am also suggesting setting meeting dates for the Council by
motion only and not resolution or ordinance as it is easier to
modify.
(brackets indicate matter to be deleted, underline indicates new
matter.)
Option A
Section 3.01. COUNCIL MEETINGS. [On the first
business day of January following a regular municipal
election, the Council shall meet at the usual place and
time for the holding of council meetings.] The Citv
Council shall hold recrular meetings at such time and
Glace as they, bv_ motion. shall determine. Elected
officers brovided for by this Charter shall be sworn in
and assume the duties of the office to which then were
elected at the first Council meeting in January
followina such election. 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 may be prescribed by ordinance or
resolution.] The Mayor or any two members of the
Council may call special meetings of the Council upon
at least twenty -four (24) hours' written notice to each
member of the Council. Such notice shall be delivered
Barbara Sexton
Charter Commission Members -2- October 24, 1990
personally to each member or shall be left at his /her
usual place of residence with some responsible person.
All meetings of the Council shall be in compliance with
the Minnesota Open Meeting Law, and any records thereof
shall be made available at all reasonable times.
Ootion B
cc: Mayor City Council
al
C��-
ts{-
•a
Section 3.01. COUNCIL MEETINGS. [On the first
business day of January following a regular municipal
election, the Council shall meet at the usual place and
time for the holding of council meetings.] The City
Council shall hold regular meetings at such time and
Mace as they, by motion. shall determine. Elected
officers provided for by this Charter shall be sworn in
and assume the duties of the office to which thev were
elected on the first business day in January following
such election.. [At this time, the newly elected
Me"5eX u the Council shall assume their duties.
Thereafter, the Council shall meet at such times each
month as may be prescribed by ordinance or resolution.]
The Mayor or any two members of the Council may call
special meetings of the Council upon at least twenty-
four (24) hours written notice to each member of the
Council. Such notice shall be delivered personally to
C
each member or shall be left at his /her usual place of
esidence with some responsible person. All meetings
/.r. f
y
the Council shall be in compliance with the
Minnesota Open Meeting Law, and any records thereof
shall be made available at all reasonable times.
cc: Mayor City Council
al
C��-
ts{-
•a
MEMORANDUM
TO: Mary Heitzig, Chair and
Members, Brooklyn Center Charter C ission
FROM: Gerald G. Splinter, City Manager
DATE: January 24, 1990
SUBJECT: Potential Charter Modifications
For the last approximately 18 to 24 months, I have been in
communication with the Charter Commission regarding the need for
possible changes to our Charter as it relates to Section 7.06
(PASSAGE OF ANNUAL BUDGET) in our Charter. The State of
Minnesota Legislature has been considering and modifying various
portions of state laws affecting the method and process of budget
consideration by municipalities. In general, these laws and
regulations were called "truth in taxation During the last two
sessions, our Legislature has passed and modified these
regulations, and it now does appear that the next legislative
session will not modify these regulations, at least as to their
effect on Section 7.06 in our Charter. The current language in
x does F meet state law and regulation. The portion of
Section 7.06, which is at variance to the current state
requirements, relates to mainly the first two sentences. The two
problem areas in these sentences are the fact that it requires
the Council to hold their first budget hearing on the first
meeting in September. In the second sentence there are notice
requirements for that budget hearing which are at variance with
state law. There are still sections of the state law which are
being interpreted but in conversation with League of Cities
representatives, they assure me that within the next 3 0 days any
questions of interpretation of the timing of budget events should
be completely cleared up. With this in mind, it would be my
recommendation, if the Charter Commission and the City Council
concur, to draft a modification of this section of the Charter
which would bring us in compliance with new state regulation and
send it to both bodies for their review.
There are two general approaches we could take to bringing our
current Charter into compliance with state regulations. The
first would be to substitute new dates and notice requirements_
which are consistent with the current law and regulation, or we
could make our Charter language adopt the state requirements by
reference. With the latter approach, we could, in the future,
eliminate any conflicts if state requirements were to change as
the Charter would adopt the new requirements by reference. If
the Charter Commission. is interested, it would not be too
difficult a task to present two alternatives for your
consideration. The first would change language of meeting dates
and notice requirements and state them in the document. The
�J
Chair Charter Commission Members -2
second would be of more generic language
requirements by reference.
January 24, 1990
which adopts state
Another section of the Charter the Commission may want to
consider modifying is Section 3.01 (COUNCIL MEETINGS). The first
two sentences in this section basically require the City Council,
after a municipal election, to meet on the first business day of
January to swear in any newly elected members. Because the
Council has tried to maintain a consistent second and fourth
Mondav council meeting dates. this requirement modifies that
process and at times Great
day after a holiday. For y
not complied with probabl
enough to interpret it the
more carefully after the 1
attorney ruled it required
business day in January of
sense to swear in newly ele
of business of their term,
have a council meeting to d
to consider language which
members on the first busine
(or as soon thereafter as
that the Council meet on
following a regular municiD
as problems for getting a quorum zne
ears, this section of the Charter was
because no one read it carefully
s way. It was noticed and reviewed
a.st municipal election, and the city
a meeting of the Council on the first
:er an election. I believe it makes
cted council members on the first day
but I don't be i evje_ G necessary to
it. The Charter Commission may want
requires swearing in of new council
as day in January after their election
practical) but drop the requirement
the first business day of January
tl election.
cc: Mayor City Council Members
Paul Holmlund
6
Section 3.01. COUNCIL MEETINGS. On the first business day of January following
a regular municipal election, the Council shall meet at the usual 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 may be prescribed by ordinance or resolution. The
Mayor or any two members of the Council 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 his usual place of residence with some responsible person. All meetings
of the Council shall be in compliance with the Minnesota Open Meeting Law, and
any records thereof shall'be made available at all reasonable times.
Section 7.06. PASSAGE OF ANNUAL BUDGET., The City Manager shall present the
proposed budget as an item of business at the first regular monthly meeting of
40 the Council in September, and the Council shall hold adjourned meetings from
time to time until the Manager's budget has been considered in total. The
initial meeting and all subsequent meetings in which the proposed budget is
considered shall constitute a public hearing on the budget and the Council shall
cause to be published a notice of the time and place of the initial meeting,
giving not less than seven (7) days nor more than fourteen (14) days notice of
the time and place. The meetings shall be so conducted as to give interested
citizens a reasonable opportunity to be heard. Complete copies of the City
Manager's proposed budget shall be available for public view at all meetings at
which the Council reviews the proposed budget. The annual budget finally agreed
upon shall set forth in detail the complete financial plan of the City for the
ensuing fiscal year for the funds budgeted. It shall indicate the sums to be
raised and from what sources and the sums to be spent and for what purpose
according to Section 7.05. The total sum appropriated shall be equal to the
total estimated revenue and allocated surplus. The Council shall adopt the
budget not later than three (3) calendar days prior to the statutory requirement
for certification of the budget to the County Auditor by a resolution which
shall set forth the total for each budgeted fund and each department with such
segregation as to objects and purposes of expenditures as the Council deems
necessary for purposes of budget control. The Council shall also adopt a
resolution levying whatever taxes it considers necessary within statutory limits
for the ensuing year for each fund. The tax levy resolution shall be certified
to the County Auditor in accordance with law. At the beginning of the fiscal
year, the sums fixed in the budget resolution shall be and become appropriated
for the several purposes named in the budget resolution and no other.
TO: Dear Nyquist, Mayor
Phil Cohen, Councilmember
Todd Paulson, Councilmember
,ferry Pedlar, Councilmember
Celia Scott, Councilmember
FROM: Barbara Sexton, Chairperson
Rrocklvn Center Charter Commission
j
I
;SA October 11, 1990
RE: Proposed Changes to Section 2.05 of the City Charter
This memo is to advise you that the full Commission, an September 26, 1990,
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 these proposed wording changes are to provide
for more specific directions as to now 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 3(55 days or more', 'a special election shall be held. The
wording regarding the timing
of the special election has been also been
modified to allow sufficient filing time.
Pursuant to Minnesota Statutes 4- Subdivision 7, the Brooklyn Center
Charter Commission recommends the adoption, by ordinance, of the attached
proposed amendments to the Brooklyn Center City Charter.
W
Encls,
Ll
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.
Auxiliary 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.
AN ORD, YCE AMENDUG 2 OF THF BROOKLYN CENTER CITY CHARTER
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
S ection 1. Section 2.05 of the Brooklyn Center City Charter is hereby
amended as follows:
Section 2.05 VACANCIES IN THE COUNCIT,
(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.) Yen. for anv reason. a vacancv should occur in
the City Cqji�) or office of Yayor. the Citv Council must T)ublically
declare such vacanc.v 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) departure of residence from the city. (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 City
Clerk shall call a special election to fill the vacancy. The ejection 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).)
^s,. ti i t�i :.��i I. Y ?3'_I
Tf the remaining term of office created by a vacancy is less than three
hundred sixty five (365) day,, the Council shall. within 30 days, fill such
vacancv. or vacancies.for this rind by appointing a person nr pers ons who
must meet all the qualifications of this charter. if the Council fails to
fill a vacancv, ar vacancies. within thirty (30) days of it becoming vacant.
the City Clerk shall call. a special election without a primary to fill the
vacancy or vacancies. The :sne<Sal_ eiectinn is to be held no sooner than nne
hundred 200 days and not later t� nne hundred thirty (130) dacrs following
the occurrence of the vaca.n.cy nr vacancies and to be otherwise governed by
the provisions of Section 4. 03, i ':�pec iai Elections.
In case of a vacancy wherN the re remains three hundred sixty five (365) da',L
or more. a s ial election shall be called. The Citv Clerk shaLl call a
special election without a nrimary to fii.l the vacancy. The s?)ecial
election is to be held no snon th one hundred (100) days and nn later
than one hundred thirty (13O) days following the occurrence of the vaca=y-
and to be otherwise governed by the nrovj:;ions of Section 4.03. Special,
Elections.
When a vac ancy in an elected munici office nccurs within one hundred
thirty (130) days prior to a regular miniclnal eI.ectioa-date. the special
electron to fill. the vacancy sh coincide with the requ'tar electi
The quorum of the Council cnrj-
,Jsts Of three (3) member if at any tide the
11L= of the Council is reduced to lesc> than three (3). the remaininjz
members shall by their urA imou! actin nt additional members to raise
the membership to a miiaimum of three (3). Consideration is to be given to
former Council member:, Xavors. ar r p re.sent a.nd past City Co mmisoione rS. All
aRpointed members shall :aerve until a s oecial electinn. or a regular election,
is held. j
Section 2. This ordinance shall become effective after publication and ninety
(90) days following its adoption.
Adopted this day of 19
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
UNDERLINED INDICATES ADDITIONAL WORDING; PARENTHESES INDICATES OMITTED WORDING