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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