HomeMy WebLinkAbout1989 09-27 CHCA0
BROOKLYN CENTER CHARTER COMMISSION
SEPTEMBER 27, 1989
7:00 P.M.
CITY HALL
AGENDA
1. Call to Order
2. Roll Call
3. Approval of April 26, 1989, Minutes
4. Correspondence
5. Old Business
A. Review of Sections Pertaining to Vacancies in the Council
B. City Budget Process; Certification of Tax Levies Section
6. New Business
A. Introduction of New Commission Members
B. New Membership Lists
C. Reference Library of Charters from the Metro Area
7. Next Meeting Date
8. Adjournment
'1o°
CITY
OF
COOKLYN
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
C ENTER EMERGENCY- POLICE FIRE
911
May 10, 1989
Mayor Dean Nyquist
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, HN 55430
rear Mayor Nyquist:
#1 would like to take a few minutes to reiterate the comments and feelings
of the members of the Charter Commission who were in attendance at our
April 26, 1939, meeting. At that meeting, we discussed the resolutions of
appreciation for public service that are passed at City Council meetings
for outgoing members on the Charter Commission.
It was strongly felt by all commission members that these resolutions
should be read IN FULL at the meeting where the plaque is presented and the
resolutions are passed by the City Council. We feel that citizens who have
graciously given of their time and expertise on the Charter Commission
should be shown this respect upon closure of their terms.
Sincerely,
7
Mary Heit /g
Chairperson
BROOKLYN CENTER CHARTER COMMISSION
cb
cc: Councilmember Celia Scott
Councilmember Jerry Pedlar
Councilmember Todd Paulson
Councilmember Gene Lhotka
rose u1-uuRw rnr r
DEAN A. NYQUIST
Mayor
Res: 533 -0774
Bus: 533 -7272
CITY
OF
B ROOKLYN
C ENTER
OFFICE OF THE MAYOR
May 17, 1989
Mary Heitzig, Chairperson
Brooklyn :enter Charter Commission
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mary:
CITY HALL
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Telephone 612/561 -5440
I am in receipt of your May 10 letter relative to the handling of
resolutions for public service.
The process which you describe is in fact what is used for all of
the commissions and others who have served.
I don't recall the reason but a different type of plaque is
normally given to the Charter Commission retiring members. Your
suggestion to read the resolution in full is normally done.
Thanks for your support and service to the city.
Si ely,
Dean A. Nygis
c f
DAN: sl
cc: Councilmember Celia Scott
Councilmember Jerry Pedlar
Councilmember Todd Paulson
Councilmember Gene Lhotka
(NOT PRINTED AT GOVERNMENT EXPENSE)
CITY
OF
1 6OOKLYN
C ENTER
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
EMERGENCY POLICE FIRE
911
June 15, 1989
Ms. Mary Heitzig, Chairperson
Brooklyn Center Charter Commission
3618 69th Avenue North
Brooklyn Center, Minnesota 55429
Dear Mary:
I am in receipt of your June 5, 1989, letter requesting information as to any
legislative changes affecting the Charter Commission during the past legislative
session. I'll be contacting the League of Cities and other sources to ascertain
what changes, if any, impact the Charter Commission or the City Charter.
As you recall, I alerted the Charter Commission there would be some potential
changes needed in the area of the budget process as contained in the current City
Charter. These changes related to conforming the Charter budget process with new
"truth in taxation" legislative requirements. This particular area of possible
change is still up in the air as the current legislative session, which ended
recently, passed certain amendments and modifications to the "truth in taxation"
law, and those changes were contained in the tax bill. Governor Perpich chose to
veto the tax bill, so now once again we are put on hold in terms of our ability to
give direction to the City Council and Charter Commission as to what changes in
our Charter budget process will be necessary.
I apologize for the delay and confusion on this matter, but the confusion is
caused by actions beyond my, or for that matter anyone in the City's, control. The
League of Cities and other organizations representing cities, counties, and
schools, along with a number of state agencies, are seeking clarification from the
Attorney General as to what directions they should give cities, counties and
school districts given the current status of this legislation. I would anticipate
in the next 30 to 60 days we would hopefully have some information from these
sources. When I receive that information I will immediately pass it onto you for
consideration by the Charter Commission.
Thanking you for your interest and patience in this matter, I am
Sincerely,
Gef� il Splinter
Ci eager
1966 ALL-AAURKA s N
w
STARTING A REFERENCE LIBRARY OF METRO CITY CHARTERS
AND
DOING A COMPARISON OF THEM TO THE CITY CHARTER
OF THE CITY OF BROOKLYN CENTER
By
Carole J. Blowers
For
Dr. Ruth Delorey
ADM 231
Summer Session II, August, 1989
t:4 Ve
ACKNOWLEDGEMENT
I wish to take this opportunity to thank my husband Bob, my son Chad, and
my daughter Carrie Jo for their understanding and patience with me during
this time consuming project. Unfortunately this research project took a
good deal of my time away from them.
I also wish to thank those metropolitan cities who provided me with copies
of their city charters, especially those who sent them to me free of
charge. They made my Job of securing the charters I needed in a hurry an
easy one.
My research would not have been as thorough as it was without the
assistance of Mary Heitzig, Chairperson of the Brooklyn Center Charter
Commission. My thanks to her for getting approval for the purchase of the
ten metro city charters that I needed to complete my research group.
Last of all I would like to thank Dr. Ruth Delorey for her assistance,
guidance, encouragement, and interest in gathering and putting this
information together.
x
PAGE NO.
INTRODUCTION
DEFINITION OF A CITY CHARTER
1
STATEMENT OF RESEARCH PROJECT
1
IMPORTANCE /VALIDITY OF PROJECT
1 -2
DELIMITATIONS
2
INVESTIGATION DESIGN
2 -3
INVESTIGATION RESULTS
NUMERICAL FACTS ON CHARTERED MINNESOTA CITIES
4
EASE /COST OF OBTAINING COPIES OF METRO CHARTERS
4
POPULATION COMPARISONS OF CHARTERED METRO CITIES.
4
COMPARISON OF BROOKLYN CENTER'S SECTION 2.05, VACANCIES IN
THE COUNCIL, TO THE SAME SECTION OF OTHER METRO CHARTERS
4 -5
DETAILED ANALYSIS BY CITY
6-7
ATTACHMENTS A THROUGH I
8 -20
COMPARISON OF BROOKLYN CENTER'S MAJOR CHARTER SUBSECTIONS TO
THE MAJOR SUBSECTIONS OF THE OTHER METRO CHARTERS.
21 -22
EVALUATIVE DISCUSSION OF FINDINGS
SUMMARY
23 -24
DESCRIPTION OF PROJECT 25
RESEARCH METHODOLOGY 25
FINDINGS 25
CONCLUSIONS 25
BIBLIOGRAPHY 26
APPENDIXES
APPENDIX A MINNESOTA CITIES OPERATING UNDER CITY CHARTERS 27
APPENDIX B POPULATION COMPARISON'S OF CHARTERED METRO CITIES 28
APPENDIX C MAJOR SUBSECTIONS OF METRO CHARTER COMPARED TO
BROOKLYN CENTER'S CHARTER 29 -43
INTMDUCTION
DEFINITION OF A CITY CHARTER:
A city charter is a blueprint or master plan of rules and procedures for
the way a city is to be run. It covers such topics as: Name /Boundaries,
city powers, form of government, council procedures, boards /commissions/
elective officers, council vacancies, mayor, salaries, council meetings,
rules of procedure, ordinances, resolutions, amendment /repeal of
ordinances, publications, elections (municipal, primaries, special),
initiative and referendum, ballots, powers and duties of the City Manager
and departments, purchases /contracts, taxation and finances, budgets, and
funds, public improvements /special assessments, eminent domain, franchises,
public ownership and operation of utilities, and public hearings, and
miscellaneous items such as street vacation, pending condemnations/
assessments. It is put together /reviewed /and updated by the workings of a
Charter Commission. Members are volunteer registered voters who are
appointed by the Chief Judge of the particular county of the city in
question.
STATEMENT OF RESEARCH PROJECT:
The City of Brooklyn Center does not have a reference library containing
other Minnesota city charters to refer to when items come up for discussion
and /or modifications. Therefore, the first step of this research project
was to start a reference library for the Charter Commission of Brooklyn
Center.
Second of all, I will gather facts on what the other metro cities do when
there is a vacancy in the city council, and compare these findings to how
Brooklyn Center handles this situation.
Thirdly, I will attempt to do a broad comparison of major subsections of
the metro area city charters to that of Brooklyn Center's. This
information could be used for ideas on possible additions /deletions to our
charter.
IMPORTANCE /VALIDITY OF PROJECT:
In order for the Charter Commission of Brooklyn Center to do an efficient
,job of evaluating their charter for possible revisions /deletions, it is
necessary to gather information on what other cities do in certain
situations mentioned in the charter. By gathering copies of the
metropolitan city charters, I will be starting a reference library for use
by the members whenever the need arises.
Next, I will attempt to review the metro charters I received to see how
they deal with vacancies in the city council. A comparison of this
particular section to Brooklyn Center's charter will offer some suggestions
for changes in our charter. The reason for this particular part of my
research is that Chairperson Heitzig has requested the Brooklyn Center
Charter Commission to look over this section in particular over the summer
and come to the September meeting with ideas /suggestions. The reason for
her request is that Brooklyn Center had a council resignation this spring,
and she is asking whether there is a need for different warding in our
charter on this issue. My attempts here are to provide some factual
1
information and possible suggestions on how other metro charters handle
this particular section.
Lastly, I hope to shed some light on how the major subsections of Brooklyn
Center's charter compare with the other metro area city charters. This
information should be helpful in determining whether there is a need for
any other changes in our charter. Thus, all this research in combination
with the reference library I have established will be a starting point for
the members of the Brooklyn Center Charter Commission to use in dealing
with possible additions /deletions to their charter this fall and in the
future.
DELIMITATIONS:
There are 108 cities in Minnesota that operate under a city charter, and
this is a six week class. With these numbers in mind, I determined that I
could only attempt to collect all metro area city charters Ca total of 31),
and start a reference library with them.
When I called the metro city offices to have a copy of their city charter
mailed to me, 68% provided me with said copy at no charge within days of my
call. However, ten cities informed me that there would be a charge. I
then had to contact the Chairperson, Mary Heitzig, for approval of reim-
bursement to me for these expenses. She contacted the Executive Committee,
and within days she informed me that the Executive Committee agreed
unanimously to reimburse me for the cost of those charters mentioned above.
Then I had to send out letters with personal checks to these cities to
obtain these charters. By the time I received all charters from the metro
area, this left me with only three weeks to do the evaluations and
comparisons.
I would like to state here that the charters from Minneapolis and South St.
Paul are so detailed that I will not attempt to review and compare these
two charters with Brooklyn Center's for this research paper, as time will
not allow it.
I wanted to do a random phone sample of citizens from Brooklyn Center
regarding their thoughts on how council vacancies should be filled, but
again time did not allow me to do so. However, I strongly recommend that
the charter commission do this when discussing this section.
INVESTIGATION DESIGN:
As not all cities are run by a city charter, my first step was to determine
how many cities do have them in our state. I contacted the Brooklyn Center
city hall for The Directory of Minnesota City Officials, which contained
that information. This source indicated that there are 108 cities in
Minnesota that operate under a city charter. (See Appendix A for a listing
of these 108 cities.) This source also indicated that in the Minneapolis-
St. Paul metropolitan area, there are 31 cities that have a city charter.
I then compiled a population comparison of these 31 cities for use by the
charter members. See Appendix B for a population comparison of the metro
cities who operate under charters.
I then contacted, by phone, the metro city municipal offices and asked them
to mail me a copy. As mentioned previously, some cities had a charge for
PAI
this copy. Then I had to secure approval from the Chairperson for
reimbursement for these charges. After approval was granted, I sent
letters with money enclosed for the needed copies.
After copies were received, I put the charters in alphabetical order and in
three ring binders for ease of review. I made sheets with each major
subsection's information on it, and used that as my guideline for noting
additions /deletions to Brooklyn Center's warding. I also used the same
format for evaluating the specific chapter on council vacancies.
M
INVESTIGATION RESULTS
NUMERICAL FACTS ON CHARTERED MINNESOTA CITIES:
Research revealed that 108 cities out of 854 total Minnesota cities have
charters. Out of the 108 charted cities, 31 are in the metro area.
EASE /COST OF OBTAINING COPIES OF METRO CHARTERS:
It was relatively easy to get a copy of various metro city charters via a
phone call. It is interesting to note that 21 cities sent them to me free
of charge. Only ten cities required a fee before sending the charter to
me. They were: Brooklyn Park ($15.00); Columbia Heights ($6.80); Excelsior
($3.75); Hastings ($4.50); Jordan ($5.00); Minnetonka Beach ($10,00); St.
Paul ($11.25); Stillwater ($3.00); Minneapolis ($20.50); and Robbinsdale
($15.00), for a total of $94.80. Note the various costs of these city
charters!! The majority of metro cities mailed me a copy very promptly
(within 3 -4 days). On occasion, there was some uncertainty as to who had
copies at the city offices. This made it very obvious to me that there are
not many requests for city charters.
POPULATION COMPARISON'S OF CHARTERED METRO CITIES:
The following chartered metro cities had the most similar population size
to Brooklyn Center. (NOTE: Brooklyn Center's population was 31,230,
according to the 1989 Directory of Minnesota City Officials.)
Blaine
34,588
people
Coon Rapids
35,826
people
Crystal
25,543
people
Fridley
30,228
people
Minnetonka
38,363
people
Richfield
37,851
people
Overall, it is interesting to note that the charters of the above named
cities are quite similar to one another. The biggest variations are found
in Miscellaneous /Transitory Provisions Section. I would also like to note
here that Richfield and Brooklyn Center are the only two with similar
population sizes that do NOT have wards /districts.
COMPARISON" OF BROOKLYN CENTER'S SECTION 2.05, VACANCIES IN THE COUNCIL, TO
THE SAME SECTION OF THE OTHER METRO CITY CHARTERS:
Approximately 17 of the charters reviewed (29 total) used the key words
"eligible person" as to who could fill a council vacancy. Three charters
used the key words "qualified person" to fill the vacancy.
The problem is there is no elaboration of what an eligible or qualified
person is. According to Webster, eligible means: qualified to be chosen;
entitled and qualified means: having the necessary skill, knowledge, or
ability to do something; "fitted Wording seems to be very lax in this
situation in all cases researched. More time and effort seems to have been
put into the timing of filling the vacancy than anything else.
I think the term "qualified" person must be better defined. St. Paul uses
the term "qualified voter Also the criteria used to appoint someone
should be specifically spelled out, i.e., must this person have experience
and /or an interest in government /politics, or ,just what do we want? Maybe
4
the candidate who lost at the last election should be approached. I am
truly sorry I did not get a chance to do my telephone poll on this part of
my research, as some interesting comments may have come out of that poll.
See Attachments A through I for the exact wording on this section from the
cities who were very detailed: Bloomington, Brooklyn Center, Brooklyn
Park, Coon Rapids, Lino Lakes, Ramsey, St. Louis Park, St. Paul, and White
Bear Lake.
5
ANALYSIS OF THE SECTION ON VACANCIES IN THE COUNCIL
ANOKA: eligible person to fill until next reg. city election; if council
cannot agree on an appointment within 30 days, mayor shall appoint a person
BLAINE: eligible person within 45 days or special election to be held
BLOOMINGTON please see attachment A
BROOKLYN CENTER please see attachment B
BROOKLYN PARK please see attachment C
COLUMBIA HEIGHTS council declares vacancy and appoints an eligible person
until next regular city election
COON RAPIDS please see attachment D
CRYSTAL eligible person until next regular municipal election.
EXCELSIOR no section on this
TDLEY council declares vacancy and calls for special election in 45 -60
days /without a primary election; candidate with largest votes declared
winner and shall be qualified to take office immediately
HAM LAKE Post and publish notice of vacancy and in 45 days appoint an
eligible person til next municipal election
HASTINGS council appoints eligible person until next regular municipal
election
H OPKINS council declares vacancy and appoints eligible person
j I: eligible person within 45 days or special election after 45 day
period
JORDAN: council declares a vacancy; an appointment made to fill within 30
days until next general election
LINO LAKES council declares a vacancy; please see attachment E
MINNETONKA eligible person within 30 days until next regular municipal
election; if council unable to agree on an appointee, Mayor or President
Pro Tem shall appoint a person
MI NNE TONKA BEACH vacancy filled for remainder of year by council
MOUNDSVIEW vacancy is declared to exist. No further comment.
RAMS: council declares vacancy; please see attachment F
RICHFIELD eligible person within 30 days until next regular municipal
election; if no agreement on an appointee, mayor shall appoint a person.
0
ROBBINSDALE council appoints eligible person if term left is 8 months or
less; if over 8 months, special election is held; if no filings for office,
council appoints eligible person by plurality vote, ties determined by lot
5-T. F RANCIS council shall post and publish notice and after 30 days,
appoint eligible person until next municipal election
ST. LOUIS PARK eligible person if less than 120 days prior to next
regular city or state election; special election to be held concurrently
with state election if 120 days or more. See also attachment G
ST, PAUI see attachment H
STILLWATER council declares vacancy and elects another person to fill
vacancy for unexpired term until the successor is elected and qualifies
YAY eligible person until next general municipal election.
VEST ST. PAUL eligible person to fill unexpired term
VHITE BEAR LAKE see attachment H
7
BLOOMINGTON
FORM OF GOVERNMENT
voter and failure to adjust the districts when and as provided for herein shall result automatically in
the forfeiture of salary for members of the council and mayor provided for in Section 2.07. Salaries may
again be paid upon completion of the required periodic district adjustment. The districts shall be known
as:
(a) District Number 1 shall be the southeast quadrant of the city, as determined herein.
(b) District Number 2 shall be the southwest quadrant of the city, as determined herein.
(c) District Number 3 shall be the northwest quadrant of the city, as determined herein.
(d) District Number 4 shall be the northeast quadrant of the city, as determined herein.
Subdivision 3. T erms of Office. At the 1973 city election, there shall be elected one councilmember
each from Districts 3 and 4 who shall serve for four years, one councilmember each from Districts 1 and 2
who shall serve for two years, and the mayor who shall serve for two years. In the 1975 election there
shall be elected one councilmember each from District 1 and 2 who shall serve for four years, the mayor
who shall serve for two years, and one councilmember at large who shall serve for four years and one
councilmember at large who shall serve for two years. Thereafter, there shall be biennial city elections
at which two councilmembers from elective districts and one councilmember at large shall be elected and
serve for four year terms and the mayor who shall serve for a two year term. Until election pursuant to
the provisions of this amendment, all duly elected members of the council shall continue to act in their
respective terms. The terms of office of the mayor and each councilmember shall commence on the first
business day of January following the election.
(Section 2.03 amended November 6, 1973 by Referendum.; Ord. No. 88 -51, 7- 25 -88; amended September 13, 1988
by Special Election)
_JEC. 2.04. INCOMPAT OFFICES.
No member of the council shall be appointed city manager, nor shall any member hold any other paid
municipal office or employment under the city; and until one year after the expiration of a term as mayor
or councilmember no former member shall be appointed to any paid appointive office or employment under the
city which office or employment was created or the emoluments of which were increased by the council
during a term as councilmember. Within this section, "under the City" shall include but not be limited to
the Housing and Redevelopment Authority, the Bloomington Port Authority, and any other entity the members
of which are appointed by, policy is established by, or which is financed by, the City.
(Section 2.04 amended November 4, 1986 by General Election.; Ord. No. 88 -51, 7- 25 -88)
SEC.. 2.05. VACANC IN THE C OUNCIL.
In addition to the other provisions of this chapter, a vacancy in the council shall be deemed to
exist in case of the failure of any person elected thereto to qualify on or before the date of the second
regular meeting of the new council, or by reason of the death, resignation, removal from office, removal
from the city, continuous absence from the city for more than three months, or conviction of a felony of
any such person whether before or after a qualification, or by reason of the failure of any councilmember
without good cause to perform-any of the duties of membership in the council for a period of three months.
In such cases the council shall, by resolution, declare such vacancy to exist and shall, within three
months thereafter, appoint an eligible person to fill such office until the next regular municipal
election when the office shall be filled for the unexpired term. In the event the council fails to make
such appointment within a three month period, or in the event the council votes three times on the
appointment and fails to fill the vacancy, the mayor shall appoint an eligible person to fill the vacancy
and a special election shall be held within six months thereafter to elect an eligible person for the
unexpired term of office. If a regular municipal election is to be held within the six month period, then
the vacancy for the unexpired term shall be filled at such regular municipal election.
(Section 2.05 amended by Ord. No. 88 -51, 7- 25 -88)
SEC. 2.06. THE MAYOR.
The mayor shall be the presiding officer of the council, except that the council shall choose from
its members an acting mayor who shall hold office at the pleasure of the council and shall serve as mayor
during the disability or absence of the mayor from the city or in case of a vacancy in the office of
mayor, until a successor has been appointed and qualifies. The mayor shall have a vote as a member of the
council. The mayor shall exercise all powers and perform all duties conferred and imposed upon the mayor
a
1
BROOKLYN CENTER
Section 2.03. ELECTI OFFICERS. The Council shall be composed of a Mayor and
four Council members who shall be registered voters of Brooklyn. Center, and who
shall be elected at large. Each Council member shall serve for a term of four
(4) years. The Mayor shall serve for a term of four (4) years. The Council
shall be canvassers of the election of the Mayor and the Council members.
Section. 2.04a. INCOMPATI31. OFFICES. No member of the Council shall be
appointed. City Manager, nor shall any member hold any other paid municipal
office or employment for the City; and until one (1) year after the expiration
of the member's term or the member's resignation as Mayor or Council member, no
former member shall be appointed to any paid appointive office or employment for
the City except as provided in Section 2.05.
Section 2.0 PRIVATE E?"PLOY'Mti�'T. No former Mayor or Council member :nay,
within one (1) year after leaving the position, appear or participate in
proceedings before the Council except to represent the former member's own
personal interests as a private citizen of the City of Brooklyn Center.
Section, 2.05. VACANCIES IN 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. 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�mora,j,. itude or (4) failure to attend three consecutive regular
meetings of the Counci. without being excused by the Council. 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 =ill 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).
Section 2.06. T_ "LAYOR. The Mayor shall be the presiding officer of the
Council, except that the Council shall choose from its members a president pro
tem who shall hold office at the pleasure of the Council and shall serve as
president in the Mayor's absence and as Mayor in case of the ;Mayor's disability
or absence from the City. The Mayor shall have a vote as a member of the
Council and shall exercise all pourers and perform all duties conferred and
imposed upon the Mayor by this charter, the ordinances of the City, and the laws
of the State. The Mayor shall be recognized as the official head of the City
for all ceremonial purposes, by the courts for the purpose of serving civil
process, and by the Governor for the purposes of martial law. The Mayor shall
it
m
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�i
r
BROOKLYN PARK
SECTION 2.05 INCOMPATIBLE OFFICES
No member of the Council shall be appointed City Manager, nor shall
any member hold any non elective paid municipal office or employment
under the city; and until one year after the expiration of his /her
term as Mayor or Council member, no former member shall be appointed
to any non elective paid appointive office or employment under the
city.
SECTION 2.06 VACANCIES IN THE COUNCIL (Amend. Effect. 12/20/7
A vacancy in the Council shall be deemed by the_ Council to exist in
case of the failure of any person elected to qualify on or before the
date of the second regular meeting of the new Council, or by reason of
the death, resignation, removal from office, departure from the city,
departure of a Council member from his /her district, except as a
result of redistricting, accumulative absence from Council meetings
for more than three months within any twelve -month period or
conviction of a felony of any such person whether before or after
his /her qualification, or by reason of the failure of any Council
member without good cause to perform the duties and responsibilities
as a Council member for a period of three months. If the term of
office created by such a vacancy shall be less than one _year, the
Council shall fill the vacancy by appointment of a person who shall
meet all the qualifications of this Charter for the unexpired term.
If the Council fails to fill a vacancy within forty -five (45) days, a
V
special election must be held not sooner than seventy -five (75) nor
0
longer than one hundred five (105) days following the occurrence of
the vacancy. If the unexpired. term of office is mama than c►��
the Council sha -11 call a spe6i.al election Within Che t w the
office is Hayor �F ct 0ithin a district if the office is Council member,
m
to fill the unexpired term. However, if the process of redistricting
Z
changes the Council member's resident district, he /she shall continue
=04
to represent the district he /she was elected from until his /her term
expires.
0
SECTION 2.07 THE MAYOR (Amend. Effect. 12/20/72)
The Mayor shall be the presiding officer of the Council. The Council
shall choose from its members a Mayor Pro -Tem who shall hold office at
the pleasure of the Council and shall serve as Mayor in case of the
Mayor's disability or absence from the city, or in case of a vacancy
in the office of Mayor until a qualified successor has been elected or
appointed. The Mayor shall have a vote as a member of the Council.
He /she shall exercise all powers and perform all duties conferred and
imposed upon him /her by this Charter, the ordinances of the city, and
the laws of the state. He /She shall be recognized as the official
head of the city for all ceremonial purposes, by the courts for
purpose of serving civil process and by the Governor for purposes of
martial law.
SECTION 2.08 SALARIES
The Mayor and members of the Council shall receive such compensation
for their services as may be prescribed by ordinance enacted by a
1, simple majority of all the members of this Council. The City Manager
and all subordinate officers and employees of the city shall receive
such salaries or wages as may be fixed by the Council.
10
1 -205 Vacancies in the Council. A vacancy in the Council shall
be deemed to exist in case of the failure of any person elected
thereto to qualify on or before the date of the second regular meeting
of the new Council, or by reason of death, resignation, removal from
office, removal from the City, continuous absence from the City for
more than three (3) months, or conviction of a felony of any such per-
son whether before or after his qualification, or by reason of the
failure of any Councilmember without good cause to perform any of the
duties of membership in the Council for a period of three (3) months.
In each such case the Council shall, by resolution, declare such
vacancy to exist and the Council shall, by resolution, within 30 days
thereafter: (a) appoint an eligible person to fill the same until the
next regular municipal election when the office shall be filled for
the unexpired term, or (b) order a special municipal election to fill
such vacancy for the unexpired term thereof. Such election shall be
held no less than 45 nor more than 60 days after the adoption of such
resolution. If more than two (2) candidates file for such office, a
special primary election shall be held two (2) weeks prior to the spe-
cial municipal election.
1 -206 The Mayor. The Mayor shall be the presiding
COON
RAPIDS
the Council, except that the Council shall choose from its
1 -204 Incompatible Offices. No member of the
Council shall be
appointed
City Manager, nor shall
any member hold
any paid municipal
office or
employment under the
City; and until one (11 year after
expiration
of his term as Mayor
or Councilmember
no former member
shall be
appointed to any paid appointive office or
employment under
the City.
State. He
v
shall be recognized as the official head of the City for
1 -205 Vacancies in the Council. A vacancy in the Council shall
be deemed to exist in case of the failure of any person elected
thereto to qualify on or before the date of the second regular meeting
of the new Council, or by reason of death, resignation, removal from
office, removal from the City, continuous absence from the City for
more than three (3) months, or conviction of a felony of any such per-
son whether before or after his qualification, or by reason of the
failure of any Councilmember without good cause to perform any of the
duties of membership in the Council for a period of three (3) months.
In each such case the Council shall, by resolution, declare such
vacancy to exist and the Council shall, by resolution, within 30 days
thereafter: (a) appoint an eligible person to fill the same until the
next regular municipal election when the office shall be filled for
the unexpired term, or (b) order a special municipal election to fill
such vacancy for the unexpired term thereof. Such election shall be
held no less than 45 nor more than 60 days after the adoption of such
resolution. If more than two (2) candidates file for such office, a
special primary election shall be held two (2) weeks prior to the spe-
cial municipal election.
1 -206 The Mayor. The Mayor shall be the presiding
officer of
the Council, except that the Council shall choose from its
members a
r
president pro tem who shall hold office at the pleasure of
the Council
and shall serve as president in the Mayor's absence and as Mayor in
m
case of the Mayor's disability or absence from the City.
The Mayor
shall have a vote as a member of the Council. He shall
exercise all
powers and perform all duties conferred and imposed upon
him by this
Charter, the ordinances of the City, and the laws of the
State. He
v
shall be recognized as the official head of the City for
all cererno-
nial purposes, by the courts for the purpose of serving civil
process,
and by the Governor for the purposes of martial law. He
shall study
the operations of the City government and shall report to
the Council
any neglect, dereliction of duty, or waste on the part of
any officer
or department of the City. In time of public danger or emergency, he
may, with the consent of the Council, take command of
the police,
maintain order, and enforce the law.
1 -207 Expenses. The Mayor and Councilmembers shall be paid
their reasonable expenses incurred while traveling outside the City on
the City's business.
12 -29 -82
F 11
LINO LAKES
section 4.02 Filinq for Office. No earlier than seventy (70) days and not later
than fifty six (56) days before any municipal election, any resident of the City
qualified under State Law for elective office may, by filing an affidavit and by
paying a filing fee to the Clerk- Treasurer in an amount as set by Ordinance, or
by means otherwise permitted by State Law, have his /her name placed on the municipal
election ballot. (Ammended 1/25/88)
Section 4.03 Procedure at Elections. Consistent with the provisions of this
Charter and applicable State Laws, the Council may by Ordinance further regulate
the conduct of municipal elections. Except as otherwise provided by this Charter
and supplementary Ordinances. General State Laws on Elections shall apply to
municipal elections.
Section 4.04 Special and Advisory Elections except for Elected Office. The
Council may by Resolution order a Special or Advisory election and provide all means
for holding it. At least fifteen (15) days prior notice shall be given by the
Clerk- Treasurer by posting a notice thereof in at least one (1) public place in
each election precinct, and by publishing a notice thereof at least once in the
official newspaper of the City stating the time and the places of holding such
election. Failure to give such notice shall not invalidate such election.
.(Section 4.05 Vacancy of Munit~ival Elected Office.
Subdivision 1. When a vacancy in an elected office of the City occurs.with Three
hundred sixty five (365) days or more remaining in the term of the vacated office,
there shall be a special election held within ninety (90) days after the vacancy
occurs to elect a successor to serve for the remainder of the unexpired term of the Z
office vacated.
Subdivision 2. The Clerk- Treasurer shall give at least sixty (60) days published m
prior notice of such special election, except as set forth under subdivision 5 of
this section. (Amended 8/9/82)
Subdivision 3. The procedure at such election and assumption of duties of elected
officers following such election shall conform as nearly as practicable to that pre-
scribed for other municipal elections under this Charter.
Subdivision 4. In case of a vacancy where there remains less than three hundred
sixty five (365) days but more than one hundred twenty (120) days in the unexpired
term, the Mayor or Acting Mayor shall appoint, with the approval of the Council,
a successor to serve for the remainder of said term.
Subdivision 5. When a vacancy in an elected municipal office occurs within one
hundred twenty (120) days prior to a regular municipal election date, the special
election to fill the vacancy shall coincide.
12
LINO LAKES
with the regular election. If the vacancy occurs wiihing sixty (60)
days prior'to the regular election date, the notice of such vacancy
shall be published as soon as is practical. If, within the one hundred
twenty (120) day period before a regular municipal election, the vacancy
occurs in the office of the Mayor or in the office of either or both of
the Council Members whose seats are to be decided in the election, said
vacancy shall be considered not to exist for purposes of the election,
However, if such vacancy occurs in the office of either of the other
t two (2) Council :Members tho seat_ shall be .by the candidate .for
Council Ntem` t with the 'thtr hi�.thest vote ,to tal, or, in the case of
two (2) vacancies, the third and fourth highest vote totals, Where
two (2) vacancies exist, the candidate with the third highest total
shall fill the vacancy in the office having the longest unexpired term.
Subdivision 6. If there are insufficient numbers of candidates in a
regular or special election to fill expiring or vacated municipal
Offices, the City Council shall fill said offices by appointment until
the next regular municipal election. In the case of a tie vote of the
Council, the Mayor shall make said appointment.
CHAPTER V. INITIATIVE, REFERENDUM AND RECALL
Section 5.01. Powers Reserved by the People. The people of Lino Lakes
reserve to themselves the powers in accordance with the provisions of
this charter to initiate and adopt ordinances and resolutions, to re-
quire measures passed by the Council to be referred to the electorate
for approval or disapproval, and to recall elected public officials.
These powers shall be called the initiative, the referendum, and the
recall, respectively. (Amended)
Section 5.02. General Provisions for Petitions.
Subdivision 1. A petition provided for under this chapter shall be
sponsored by a committee of five (5) registered voters of the City
whose names and addresses shall appear on the petition. For initiative
and referendum, a petition may consist of one (1) or more papers, but
each separately circulated paper shall contain at its head or attached
thereto the exact text of the proposed ordinance or matter to be con-
sidered by the voters. A recall petition must contain at the head of
each page, or attached thereto, a certificate stating the name of the
officer whose removal is sought, the grounds for such recall in
more than two hundred fifty (250) words, and the intention of the
sponsoring committee to bring about the officer's recall.
Subdivision 2. Each signer shall be a registered voter of the City
and shall sign his -her name and give his -her street address. Each
spearate page of the petition shall have appended to it a certificate
by the circulator, verified by oath, that each signature appended
thereto was made in his -her presence and that the circulator believes
them to be the genuine signature of the person whose name it purports
to be. The person making the certificate shall be a resident of the
City and registered to vote. Any person whose name appears on a
petition may withdraw his -her name by a statement in writing filed
13
RAMSEY
Section 4.03. Procedure at Elections. Consistent with the provisions of this
charter and applicable state statutes, the council may by ordinance further regulate
the conduct of municipal elections. Except as otherwise provided by this charter
and supplementary ordinances, general state statutes on elections shall apply to
municipal elections.
Section 4.04. Special and Advisory Elections Except for Elected Office. The
council may by resolution order any special or advisory election deemed appropriate
by the council, for any reason, and provide all means for holding it. At least
fifteen days prior notice shall be given by the clerk administrator by posting a
notice thereof in at least one public place in each election precinct, and by
publishing a notice thereof at least once in the official newspaper of the city
stating the time and the places of holding such election.
Section 4.05. Vacancy of Municipal Elected Office.
4.05.01. When a vacancy in an elected office of the city occurs with
365 days or more remaining in the term of the vacated offi",., there shall be a
specia►l..0100tion 4 within ninety day's after the vacancy occurs to elect a Wn
successor to serve for the remainder of the unexpired term of the office vacated.
4.05.02. The clerk- administrator shall give at least sixty days published
prior notice of such special election, except as set forth under 4.05.05. of this
section.
4.05.03. The procedure at such election and assumption of duties of
elected officers following such election shall conform as nearly as practicable to
that prescribed for other municipal elections under this charter.
14
RAMSEY
4.05.04. In the case of a vacancy where there remains less than 365 days
in the unexpired term, the council shall by a majority vote appoint a successor to
serve for the remainder of said term. In the case of a tie vote of the council, the
mayor, or acting mayor if the office of mayor be vacant, shall make the appointment
from the candidates involved in the tie vote.
4.05.05. When a vacancy in an elected office of the city occurs within
120 days prior to a regular municipal election date, the special election to fill
the vacancy shall coincide with the regular election. If the vacancy occurs within
sixty days prior to the regular election date, the notice of such vacancy shall be
published as soon as is practicable. If, within the 120 day period before a regular
municipal election, the vacancy occurs in the office of the mayor or in the office
of either or both of the councilmembers whose seats are to be decided in the
election, said vacancy shall be considered not to exist for the purposes of the
election. However, if such vacancy occurs in the office of either of the other two
councilmembers, the seat shall be filled by the candidate for council r with that
third highest vote total, or in the case of two vacancies, the third and forth
highest vote totals at the upcomming election. Where two vacancies exists, the candidate
with the third highest total shall fill the vacancy in the office having the longest
unexpired term.
4.05.06. If there are insufficient numbers of candidates in a regular
or special election to fill expiring or vacated municipal offices, the city council
shall fill said offices by appointment until the next regular municipal elelction.
In the case of a tie vote of the council, the mayor shall make said appointment
from the candidates under consideration.
15
ST. LOUIS PARK
Section 2.05. Vacancies in the Council. A vacancy in the
Council shall be deemed to exist in case of the failure of any
I
person elected thereto to qualify on or before the date of the
second regular meeting of the new Council, or by reason of the
death, resignation, removal from office, removal from the City,
removal of a ward Councilmember from his /her ward, continuous
absence from the City for more than three months, or conviction
of a felony of any such person whether before or after his /her
qualification, or by reason of the failure of any Councilmember
without good cause to perform any of the duties of membership in
the Council for a period of three months. In each such case, the
Council shall forthwith by resolution. declare such vacancy to
exist and appoint an eligible person to fill the vacancy. The
term of the person so appointed shall extend to the first
regularly scheduled meeting in the month following the month in
which the regularly scheduled municipal election is held, as
specified in Section 4.02 of this Charter, provided that if such
vacancy occurs less than 120 days prior to the next regular City
or State election, end the unexpired term extends more than *no
year, the term of the person so appointed shall extend to the
first regularly scheduled meeting in the month following the
month in which the regularly scheduled municipal election is
held, as specified in Section 4.02 of this Charter. If such a
vacancy occurs 120 days or more prior to a regular State
election, the Council shall call a special election to be held
concurrently with the State election within the City; if the
0
office is Mayor or Councilmember at Large; and the ward
affected if the office is a Ward Councilmember, for the purpose
Z r
of electing an eligible person to fill the unexpired term
ic
following expiration of the term of the person appointed by the
rn
Council in the interim.
Section 2.06. The Mayor. The Mayor shall be the presiding
officer of the Council, except that a mayor pro tern shall be
chosen to hold office at the pleasure of the Council, who shall
act as Mayor in case of the Mayor's disability or absence from
the City. The Mayor shall vote as a member of the Council. The
Mayor shall exercise all powers and perform all duties conferred
and imposed upon the Mayor by this charter, the ordinances of the
City and laws of the State. The Mayor shall be recognized as the
official head of the City for all ceremonial purposes, by the
courts for the purpose of serving civil process, and by the
governor for the purposes of martial law.
The Mayor shall study the operations of the City government
and shall report to the Council any neglect, dereliction of duty,
or waste on the part of any officer or department of the City.
In time of public danger or emergency the Mayor may, with the
consent of the Council, take command of the police, maintain
order and enforce the law.
S L� 16
ST. PAUL
1 1.04
Sec. 1.04. Distribution of powers.
CITY CHARTER
Except as otherwise provided in this Charter or
by law, the powers of the city shall be vested in
an elective chief executive, the mayor, and an
elective legislative body, the council. The mayor
shall exercise all powers and perform all execu-
tive duties given to the office of mayor by this
Charter, the ordinances of the city and the laws
of the state. The council shall exercise the legis-
lative powers.
Sec. 1.05. Charter a public act.
This Charter shall be a public act and need not
be pleaded or proved.
CHAPTER 2. ELECTIVE OFFICIALS
Sec. 2.01. Elective officials.
There shall be a mayor elected by the voters of
the city at large, and seven (7) councilmembers,
each elected from a council district as provided
herein, and such judges and other officials as are
provided by statute and elected as provided therein.
Editor's note Section 2.01 amended by Ord. No. 16363,
C.F. 269922, adopted by the city council Nov. 8, 1977, pursu-
ant to Minnesota Statutes, Sec. 410.12, abolishing office of
constable for the sixth ward and at large. Section 2.01 further
amended, election Nov. 4. 1980; see Resolution, C.F. 275919
and Note 1 following this chapter, further amended by Ord.
No. 17412, see Note 4 following this chapter.
Sec. 2.02. Terms.
The mayor shall hold office for a term of four (4)
years and each councilmember shall hold office
for a term of two (2) years commencing on the
first business day of January of the year follow-
ing their election and until a successor is elected
and qualifies.
Note Amended, see notes 2 and 4 following this chapter.
Sec. 2.02.1.
The term of office for the mayor and each
councilmember elected at the 1982 spring elec-
tion shall expire on the first business day of Jan-
uary, 1984.
Note Amended, see notes 2 and 4 following this chapter.
Supp. No. 2
Sec. 2.03. Time devoted to duties.
No employee or officer of the city shall, during
the hours of his employment, perform any service
or do any work except for the city, and shall,
during such hours, devote all his efforts and time
to said city.
Sec. 2.04. Vacancy.
An elective office becomes vacant when the in-
cumbent dies, resigns by a writing filed with the
city clerk, is convicted of a felony, ceases to reside
in the city, or is adjudged incompetent by a court
of competent jurisdiction, or when a councilmember
ceases to reside within the council district from
which elected.
Editor's note 2 _:ion 2.04 amended, election Nov. 4,1980;
see Resolution, C.F. 275919 and Note 1 following this chapter,
further, amended, see Note 4 following this chapter.
Sec. 2.05. Filling vacancies.
(A) Interim appointee The council may, within
thirty (30) days of a council vacancy ele.et
fW voter-* y' .fill the vacancy as an
interim appointee until such time as a successor
is elected as set forth below or for the remainder
of the unexpired term if the council vacancy oc-
curs after the last day for the filing of affidavits of
candidacy for United States Representative. If a
tie vote occurs in the filling of a vacancy in the
office of councilman, the mayor shall break the
tie.
In the event that the council does not fill the
council vacancy within thirty (30) days, the mayor
shall within ten (10) days thereafter appoint a
qualified voter of the city to fill the vacancy as an
interim appointee until such time as a successor
is elected as set forth below or for the remainder
of the unexpired term if the vacancy occurs after
the last day for the filing of affidavits of candi-
dacy for United States Representative.
If a vacancy occurs in the office of mayor, the
council shall within thirty (30) days elect a quali-
fied voter of the city to fill the vacancy as an
interim appointee until such time as a successor
is elected as set forth below or for the remainder
of the unexpired term if the vacancy occurs on or
after July 1 of the third year of the mayoral term.
X
17
ST. PAUL
CITY CHARTF..R
(B) Elected successor. If a council vacancy oc-
curs on or before the last day for the filing of
affidavits of candidacy to be a United States Rep-
resentative, the vacancy shall be filled at the next
statewide general election, being the first Tues-
day after the first Monday in November of even
numbered years.
Affidavits of candidacy for said vacancy shall
be filed with the city clerk within fourteen (14)
days of the last day for the filing of affidavits of
candidacy for United States Representative. In
the event that more than two (2) persons file for
the vacancy, a primary election shall be held on
the first Tuesday after the second Monday in Sep-
tember of said even numbered year.
If a vacancy in the office of mayor occurs before
July 1 of the third year of the mayoral term, the
vacancy shall be filled at the next general elec-
tion being the first Tuesday after the first Mon-
day in November, unless the next general elec-
tion occurs more than one hundred eighty (180)
days after the vacancy is created, in which case,
the council shall call a special election for the
purpose of filling the vacancy. The successful can-
didate's term shall commence upon the council's
canvass of the election results and upon expira-
tion of the time to contest the election or, if notice
of contest is filed, upon final disposition of the
contest.
Affidavits of candidacy for said vacancy shall
be filed with the city clerk in accordance with the
provisions of Charter Section 7.04. In the event
that more than two (2) persons file for the vacan-
cy, a primary election shall be held on the first
Tuesday after the second Monday in September,
unless the vacancy is to be filled at a special
election, in which case the primary election shall
be at least sixty (60) days before the special election
Note Amended, see Note 2 following this chapter, funther
amended by Ord. No. 17340, C.F. 86 -321, adopted by the city
council April 10, 1986, pursuant to Minnesota Statutes. Sec-
tion 410.12.
Sec. 2.06. Judge of qualifications.
The council shall judge the qualifications of the
mayor and of its own members to take office, and
shall be the judge of the election returns.
Supp. No. 6
18
Sec. 2.07. Compensation.
13-01.1
The annual salaries of the mayor shall be fif-
teen thousand two hundred dollars ($15,200.00),
and of each councilmember fourteen thousand dol-
lars ($14,000.00), payable in installments as the
council shall direct.
Note Z:" Notes 3 and 4 below.
NOTE 1: Charter adopted and approved by voters November
3, 1970, effective June 6, 1942 originally provided
for election of council members at large. An alley
system for city council elections authorized —see
Section 2 of Chapter 691, Laws of Minnesota for
1973 and C.F. 262641, adopted November 29,1973.
Charter amendment to provide for election of council
from districts submitted to voters at election No-
vember 4, 1980, and approved. See C.F. 275919,
adopted November 13, 19S0.
NOTE 2: Charter amendment to provide for changing the
time of city elections submitted to voters at elec-
tion November 4, 1980, and approved. See Resolu-
tion, C.F. 275920, adopted November 13, 1980. Ef-
fective dates as follows: Section 2.02.1 and Section
2.05 effective on passage. Section 2.02, Section 7.01
and Section 7.05 effective January 1, 1983.
Charter amendment to provide for changing the
term of the office of the mayor from two (2) to four
(4) years submitted to voters at election November
6, 1984, and approved. See Resolution, C.F. 841540,
adopted November 13, 1984.
NOTE 3: Council authorized to fix own salaries. See Section 4
of Chapter 691, Laws of Minnesota for 1973, ap-
proved by Resolution. C.F. 261409, adopted June 6,
1973 and Chapter 32 of the St. Paul Administra-
tive Code.
NOTE 4: "Councilperson" or "councilpersons" changed to
"councilmember" or "councilmembers." See Ord.
No. 17412, adopted April 10, 1986.
CHAPTER 3. THE MAYOR
Sec. 3.01. Powers and duties.
The executive power shall be vested in the mayor.
Subject to the provisions of this Charter and the
ordinances, he shall control and direct the admin-
istration of the city's affairs. Without limiting
the generality of the foregoing, he shall have the
following powers and duties:
Sec. 3.01.1.
He shall see that this Charter and,the laws and
ordinances are enforced.
C,q
Within thirty clays after each
w hicl shall
R
commission. o f tile
Sect. (l eral election the lledistrictiny Commission, k
late witfc Commission. The duke may b e
\,en)bcrs of the Cilar`er C Ile shall s
s cot
n ,I of like Charter L
b. cotnl at) execution tilereu
ve rsed by th Co e 1 ►resident o f tl+t
)etitior) of any registered voter of tl\e Ci
Re vtl I)y1 nn +fission arc mit+fl
t nfutcetl I,y court action upon 1
)ropriale let
retnetfy' of
(y of b other 1 R By the day
Commission Rep Commis' t
districting first fan fur
Sect ,3 p- Redistricting ef1e ral election il1e Re a t p
state-wide c3 art containing s
Al)til r after every Clerk a rep comply with these p ecifica
Council Districts to I
read ;usl ttentw)f ,tile try
uous territory
,tuns'. ed of compact, coming
form of t►te umber
1 All disttict$ shall be possible, tl \e same
tr lilies between districts 5 1 1 t
las t the center
er he
13uu +tat y
T All tlislricis shall coma eci(icattons,
t istered voters. In effect meets the above sp
of feJ )far Cut fently e lan• district boundary
Whtar the recommends Plan
Iedistricting Commis >iorcomfmissionthat sa Clerk as the tentative p
It the Iledistricting of the districts recom
ct+a I
>ort shall be filed aid Ile pntJes. its fcl
tile plan shall include a map mission
l,i('.I the Redistricting Com
Council shall be
iD Public- t leanings• Tl'ereafto of July, after
3 t)4. l xtblic hearing, l wly tile\ first )1 a plan and
sect... tan. [3y
"hail hold ai least unt Council shall, by
ntviletl, to cottsidef the i e laUave p the
+cartnE the Rcdfsiriciit� t` City eaftc,rsion shall a u[
sui h P nh►tt City Ck tilt suds i►latr with lire )(an. Council
enact such plan. (f fur any reason t' deemed
o rdinance
Enact Ordinance.
O Failure to the plan $ball ;ail has been Cried.
Sect. r 1 sucl\ ordinance, t ust alien t1 \e p
tails It) adop of AuJ
enacteel on the first day Council districts and baun
The new t
or all he pun
f 4
of oundarles t ►,e yew
Set, a.t)p C4ff4ct do )revious districts and b a ncf boul\-
ell:cl)on, including nortiistfiets
tl,+rie s•
s shall $tit 1 e
.,flan City )c,rsetle l)tcviutts
putie of the next rc 1 the day on which lilt Coun-
uses as °f election take ollice- Coun.
tlisttit is and t)c�tl 4rr pure „f SUP
0
j1es lot it al that regular city
within the boll I di trict boundary
cilme►,)b of ncilelected was elected as a result of ex iration of the
At)y Coume n)ber nai residing e to the i
Couas membef at lafg
cif C)isirid from which \e
changes $hall serve as a
tern\.
3
C►iAP11:11t IV
►)OWI:ItS AND 1)U 'l f Cltl of
of= F1Cl''R odiii('ti
oven I l i) 'f tit, M t1
Gt►verur "4tl`is Chatter shall be ('.out +rit of
Sect. I II
Car t,
by ((vlayo
lak ell sla o f III u a
elec in ottt ist
exrel,t s efw 1
WI\ite t3 iuit ,i,tintt
t;uultc ;pets. n++ yet.
t uunci{ Manny` r [()lilt, )ointe(1 019 M
five (5) me1bers ,1 ()6. at yl au al 1
vided by Section -3 i;tlANCtI
f 1W
Cl,c Mayor shall be the chief
and shall
a or
p stud [)ulic s. of is elecle(
(le shat( be a resident u( the i1y
Sect 4.02• M
a t the City ca rs and until 1\is suc
executive office years
Iertrt of three
be elected tot a )reside over the n ity,t'a )d frt In
ualified. of tot f the CIIy. of
and tt the duly of il'e other obt
o
ball be oniracts anti um4 ►)end
It such
S19 all c requite.
C sig as the public welfare "lay f
ormati()n ant fe
g ive the Coll', suet\ u\f x)wet o
lime to time 9 our)c.1 but shall have the 1 owers
dinances, resolutions and C tnuni 11)'A
The Mayor s1)all have no v ba►i also have such utltet i
as herein provided. Tie M aof s
il (ron) this Chati(r or any
Ve la or inferrc or l(\ai may be he,eaher enacted
as may be conlerr u t by now e
il+ force klvis Charter and the
a( 11 le S1a►, ct,lorce(i al,+l
,,(finance or res olution n t tltati( >t)s of the Cit
are duly
Che Mayor sl\all see that 11 \e laws
and re J limits.
or(linances, rules C11
stricljy observed \111 Ilte y
'I'l,e Mayor shall ap -detl tot f in X 11,
Officers Provide City.
M�rynr AI)p 1nttuenls.
)ointive
Sect. pro ),.r n ,anae ;ct t t s5 f y i 4leley +t cd
office an a; t
power to remove ((o in (ur iltc 1
t)t cessar ttah(icd of eXl
otl\crwist (,the,wisc q
Char►cr or )o 1111ntt t iff
those a er
r
except u\ City M,,naJ of
Wh the oili(e of May
to the Council or" c ualified
of p volt' a 1 six f(
Mayor •Vacancy 1 majori
ty Ihan
4,04. )Dint, y ((etic in
Sect. offic
tern\ of o is less Ci►y
vacant, the cour)ci( sl+ait ul l
becom+s u it kite f etuainin�t ,u f o
blished by the )uiltt-
O f the v,\i aniy shalt be I'll tiny f f
l)eY$On i,$ M
0 1ht: nwe alt the duties o
Notice etc ,tior (f
t hat \its• ►er on`' w
wets a11 petfurrn .,I electit
the official newsp4�i ►(Ise all the i alnitlal Into +t e when
tneni. f.f shall eXe tecial eleitit't' C(efk
,tl li+e Itexl y i, sl
of until a Mi,yur is el..rketls►t tit be fille <l t ut t tc .l1 r •I�ltc city uf"
M of Mayuf. varal +t y mollihs J e ill Ili
'Vi office c ive ley +vi,tice date(s) of
teen (1 days t ►te vacancy J sls�tll be ten
tl+c re► „ainingrE411” of utiitc is six with dates f fiG "Jacanc:y +c
shall, w +thin
fifte
the vacancy (or I" v (al notice. Che
ficiai t lewspape r C1 \e period for Ei1in(J of tiff fe,> s after
file daft 20} day
ill(-, special ejectiunl (run, ollattding f r to iwenty
(It)} calendar days
u)tt Il,ut) two (2) candidates
have fiiccl fur tile
s)ecial ejection sh'til o cur within fifteen
I litiny•
tl \e close
S
marY election
nsidered the P
when t
d shall be co 141 d ays later.
ate occurring fourteen t the general election
vacancy n d the {test election i
didates have filed for the vacancy,
with general election date•
(2) or can
shall occur on ti,e first election e r shall be the bu in mayor
Cit Manager o inted by solely
S 4.0
City Manager. The City c ations
Vie shall be aPP
o f the uatifi
administrative head o f the il. He shall be chose
a and ad
majority h Counc aministrative A ointment,
consent of a experience, at the time of his aPP the City
with the the City ecified Y
on the basis of his e aesidenf of soon thereafter as SP
and pee po t be the ratifica-
e a resident as b the Mayor upon o val
but shall become be removed y ,1 Co a+d rem
Council. u ntil. S
Th City Nfanager M, oriiy vote of the, City resolution of a
a rr% on his own initiative or by take action
b the Mayo ounc.1 requesti+,g the M ayor to ade of the
lion of his actin+, by m
ma y be initial �d the Cliy
vote. of M ana ger. In the eve l event that suc tl,e h a request's s hall have 30 days
tour -tiNh anag ounc;, May Manager. or state
to remove the M vote of the C to remove the the Manag
M by a f fifths tion upon a t fifths
nest to either take ac for n ot removing
after said reA our, 30 l may
said request, may
writing
to the C ear, he
Council after thirty Manager. that capacity for one Y
the served or the charges bef ore t
vote remove anager has s ed in A fter the
Alter the d es an d a public hearing anager• or
o
demand date w his 1 eft e be reinstated a ie noval, the
N d written w hen charg
Prior t0 th e W1 e the hearing and
Council p d emanded Pending th¢ M with the consent
hearing, if on e
e i11 d finalizd. o the Council•
ovall be o ffi c e by
his rem oval w Suspended fro fifth
by a four- s vote Council shalt
Manager ri of the council, of a majority of the Manager
due
o f the majority if1e consent the duties of the office o City
The May Person to perform or while the
des;gnate a q -pens
ion, or disability,
ehtiies as may he prescribe' <l i, ihr
annual bud�lel. tiolntt,,,, nd „ht�'d
council the such other >rd;nance or rc'
Ile shall perform
Charter or by
law or rrduire'ci o{ him by
b the Council• o;nted W O n nuo"'ecf
f he C- Clerk shall be aPP
Clerk. on the basis of his h atn
Sect. 4.117. City
e City Manager. 1 be we(Aual'd;cat;ons.
by ti' and ad Clerk shell he
experien The City „i
ing. pubes.
Powers and f-le shall act as SeCrc>tar
City Cle Manager off; ,i s 11
Sect. 4.O8. ci ken Of the
subj of yui'S,t,tlitcil,iliV;n <t
t ",l,f
ect to the direction of the Y
he C cusiody arn{ dishurst "the la
1, ou+,c,f. H,s duiies sh,11 include the
Ihe nil +iry „S the' 0
public reeorcf'` toaths, and aSf ir +natie,ns• I „S
ministration y c e ne,r,,l adnr;nisir r „r r� el
c nn'nts. i,t k)) lr rril2i car by l,,w
i acknowl«l tile Cotn,c;l.
ty its pre scr;be by tecl by
dhrancE or resolution it I f3ItANCII
Tlir 1.e�is1.ATIV1�
ing his absence, su The City Manager
Manager is vacant. an d puties. Included
P o
4 06 Clty Manager dministrati aff of the City.
on
Sect the following nts and divisions
d duties are parture
shall control ow as ant e a
among h p d control all ne ibis C de harter or the council-, and
He shall organize an created by Brit and loyees;
a dministr ation remove, u pon the basis °f
of the City mall City emp
Dint and rem it any' the right to take
11e s hall ap
ro visions h ave
licable Civil Service P Council and
subject to app meetings of the adoption such
tie shall attend abu n ot to vote; and Council {or o{ the PeOp l and
discuss;o to the welfare
part in me nd the w
He shall re e deem necessary
f t h e ity` d s affairs; as to the financial
as he may o f the a dvise it to the
m easures inisiration and C fully an d subm
the effective adm Mayor and shall prep
Ile shall keep o f the City,
and needs
of O {fete.
Election and
l Term v�siecl in a (out,c,l o
4.ticl Counci -'-,cc i Wkwe Bear l aloe shall be „ovOctl by
(,;i to be elected fn�m e "hot Ihe ivy
powers o{ the y o ne (1) rnen {ro+n
+ne+ „hers' City, except as otherwise t
five t51 the City and Council f)isNic►:
t5j Council D �st Shall belTes;tlents of ouncit members px
06. They r +alitied• eCe and C
which ihev are elected at,d tl be Cuu „c
lion 3. il,nnn
ear as tl,e Mayor.
The regu },ree f;31 ar te
yern as (°liaws' 1
ular council terms shall be s a ed in the succeeds +'g
elected for
shall be a Shall be elect sl alt be elect v +n the next
from Council District •3 a nd 5 and 4 s shall be hall be elected 1e ;1
Districts 1f)istrict 2
ears this cycle ye}
Counc;hr Councilmen from
year. and uent y X1,,,}1 be
succeeding year' f=or subsea e ar ih;s
and Duties. All pe w e rs of the t -flaw
I'owef ,r4 olheyw;se prov ided by
ect 1
4.1 C ouncil
exept exercse thrre'e,{ Cityf
S by
�,ov;de for the i
st,d on the
vested in the -ity Council shall 1 a tions itnp -)o;nt;ve
Ch at
arter, and the C' nc and tile
ertorance of all duties action for the removal of apt
the P m
The C may initiate
law. vote. ations. The
titers by tour- Sitihs d lnvestig ac-
ndepe"lepLri Audit an nt an +lual audit of all City
Sect. 4.11. Council I it deem n ecessary
council shall pravOe toy a+, ;no u blic ('cc
certtt;e
d P
,is and may Prov;d ee by the State O y it erson al tnierest, direct or
cou nts of ;ts
Su a ccoun tan t s officers.
Such or shall be ma aVernmen desi ate such
design
is +,t ar item or suet` lairs of the C;ty gompetiti or a ve bads.
i +,direct, in the fis without requiring
Counc f irer, annually.
le
account +,t o r
6
COMPARISON OF BROOKLYN CENTER'S MAJOR CHARTER SUBSECTIONS TO THE MAJOR
SUBSECTIONS OF OTHER METRO CHARTERS:
I have listed the following subjects that could be added to Brooklyn
Center's charter. Please note, these subjects are listed in a somewhat
alphabetical order and are not to be construed as the ONLY subjects that
possibly could be added. They just seemed to stand out the most in my
evaluations /comparisons.
Annual Capital Budget
Assessor
Ballots
Board of Water Commission
Banded Debt /Debt Limit /Form /Repayment of Bonds
City Attorney Qualifications
City Plan and Enforcement of It
Code of Ethics
Creating /Discontinuing Offices
Capital Improvement Program
City Proceeds According to Minnesota Law, Chapter 117
City to Pay for Services
Civil Service Separability
City Property Not Lost by Adverse Possession
City Communications
Code of Ethics (This item has been discussed before at Brooklyn Center)
Districts, Redistricting (should we go to a ward system)
Determination of Sufficiency
Disposition of Fines /Penalties
Disposition of Insufficent Petition
Damage Suits
Election Judges
Establish /Operate Permanent Improvement Revolving Fund
Employees /Officers Cannot Accept Favrs
Further Purchase Regulations
Failure to Perform
Five Year Financial Plan
Finances of Certain Equipment
Franchise Ordinance /Publication Costs
Fire Department
Further Regulations on Initiative and Referendum
Forfeiture of Office
General Election Laws
Human Rights
Industrial /Commercial Promotion /Development
Incorporation of Statutes, Rules, Regulations, and Codes by Reference
Incapacity of Recalled Officers
Intoxicating Liquor
Liason Function
Labor Contracts
Long Term Financial Plan
Municipal Redevelopment Areas
Merit System
Nomination by Petition
Nomination Petitions (form)
Newsletter to be Published Every So Often
21
Public Utilities (with Franchises)
Purchase of Land for Delinquent Assessments
Police to Belong to Public Employee Police /Fire Fund
Police Pension Plan
Publicity of Records
Punishment for Offense
Polling Hours
Qualification of Appointees /Removal
Receipts to City Treasurer
Reassessments
Rates /Charges /Provisions Franchises
Recovery of Judgement for Damage
Recall Petitions /Filing /Election Procedures /Ballots
Unclaimed Motor Vehicles /Disposition
Ward Boundaries /Descriptions Cif we go to a ward system)
We could consider omitting the following sections in our charter. Here
again, these are not the only ones, but these seemed to stand out to me:
Administrative interference
Assessments for Services
Board of Equalization
Codification of ordinances
Candidate withdrawl
Contingency Appropriation
Incompatible Offices
Notice of Public Hearing
Private employment
Public works: how performed
Please see Appendix C for detailed information on each major subsection
comparison to Brooklyn Center's charter.
22
EVALUATIVE DISCUSSION OF FINDINGS
NUMERICAL FACTS ON CHARTERED MINNESOTA CITIES:
Approximately 12.6% of all Minnesota cities have a city charter; approxi-
mately 29% of these chartered cities are in the metro area.
EASE /COST OF OBTAINING COPIES OF METRO CHARTERS:
It was relatively easy, but time consuming, to obtain copies of the metro
city charters. It was amazing to see how costs (if any) varied from city
to city. Averaging out the cost of the 31 charters I received, it would
figure out to around $3.00 per charter. It took me about 6.5 hours in
total to obtain the names of the cities I needed, call for a copy, and send
a letter with a check when applicable. At my current rate of pay, that
would bring the average cost per charter to $6.00. I believe this cost is
very minimal considering the immediate, practical use of this reference
library in the next few months and years.
POPULATION COMPARISONS OF CHARTERED METRO CITIES:
Biggest differences in charters of the 7 similar -sized cities were in the
Miscellaneous /Transitory Provisions Section and the fact that only 2 of
those 7 cities did not have wards /districts (Brooklyn Center and
Richfield).
COMPARISON OF BROOKLYN CENTER'S SECTION 2.05, VACANCIES IN THE COUNCIL, TO
THE SAME SECTION OF THE OTHER METRO CITY CHARTERS:
In some examples, much time and effort seems to have spent in wording this
section of the charter to clearly define when special elections would be
called and when someone is just appointed to fill an unexpired term. In
other examples, a pat couple of sentences using the term either "eligible"
or "qualified" to fill the unexpired term was used. I feel more time needs
to be addressed to just what does "eligible" or "qualified" person mean and
what is the criteria used by the remaining council members to appoint such
a person. Other items not addressed in any of the charters are: 1) how
does a person inform the remaining council of their interest? It seems to
me that it should be by a formal written letter, along with what they feel
are their qualifications for the position (i.e., other political
offices /commissions served on or held, education). 2) guidelines as to
Just how the council then evaluates persons interested in the vacancy, 3)
what will the remaining councilmembers base their decision on if there is
more than one person interested; and 4) lastly, but certainly very
important, should the vacancy be published in the city's designated
newspaper along with procedures on how to apply.
COMPARISON OF BROOKLYN CENTER'S MAJOR CHARTER SUBSECTIONS TO THE MAJOR
SUBSECTIONS OF OTHER METRO CHARTERS:
There are many subsections of other metro charters that are the same or
slightly different than Brooklyn Center's. There are also completely new
subsections that I found in other charters that Brooklyn Center's does not
address. Some examples of these are: Bonded Debt /Debt Limit /Form; City
Plan and Enforcement of it; Code of Ethics; Capital Improvement Program;
Disposition of Fines /Penalties; Damage Suits; Five Year Financial Plan,
Industrial /Commercial Promotion /Development; Municipal Redevelopment Areas,
Newsletter, Receipts to City Treasurer, Reassessments, and overall Recall
Procedures /Forms.
23
On August 7th, I wrote to the National Municipal League in New York for a
copy of their latest copy of a Sample Model Charter. Unfortunately, I did
not receive a response from them as of August 30th. It would have been
very interesting to compare this document to the way Brooklyn Center's
reads at this time. Hopefully I will still receive this information and
will be able to pass it on to the commission this fall.
Looking back at this entire project from start to finish, it was a very
time consuming, but not difficult project. I found it very interesting to
be able to look at other city charters firsthand.
I feel confident that my idea of a reference library of metro city charters
will be a very useful tool to the members of the Brooklyn Center Charter
Commission in the very near future. I am also confident that the members
of the commission will feel that it was money well spent to start this
library.
I am pleased to have concrete information on what other cities in the metro
area are doing about council vacancies, and I will be reporting this
information to the commission at their September meeting. I hope the
commission of Brooklyn Center will do some rewording of the section on
council vacancies, as I feel there is a definite need to do so. Again, I
hope some telephone polling will be done and any other vehicles for public
input be attempted.
I will also be glad to provide information on my research on the major
subsections, whenever the need for that information may arise. As far as
changes in the major subsections, I feel there are definitely some areas
that need additions to. I hope the commission will take the time to
consider at least some of the items I surfaced in my research project and
again seek public input.
24
DESCRIPTION OF PROJECT:
I have started a reference library of 31 metro area city charters for the
commission's use to study and review changes to our charter. I have
gathered information from these city charters on how they fill council
vacancies and compared it to the wording of Brooklyn Center's charter. I
have also gathered and compared the major subsections of these metro
charters to Brooklyn Center's charter.
RESEARCH METHODOLOGY:
By phone, I asked for copies from all metro area cities to be mailed to my
home. Those requesting money for their copies were sent letters with
checks after approval was granted from the Chairperson for reimbursement of
these funds. The section on council vacancies was compared city to city.
Comparisons were also made on major subsections of each charter to Brooklyn
Center's.
FINDINGS:
It was not difficult to obtain copies of metro city charters. It was just
time consuming more than anything, In regard to mY review /comparison of
the charters, I. feel that "qualified" be dotitned
criteria for a re ,lace nt coumcilmember laid out in. char sack on an coua�ci.�.
Vacancies r "ti ied, A lot of words on the timing of filling the vacancy
has been used in many of the researched charters. Copies on vacancies in
the council from Bloomington, Brooklyn Center, Brooklyn Park, Coon Rapids,
Lino Lakes, Ramsey, St. Louis Park, St. Paul, and White Bear Lake charters
are included, because they spell out various details and should be
considered in the rewording of our charter language.
As far as my research and comparison into the other major subsections of
Brooklyn Center's charter to other metro city charters went, there are
certainly some possible additions /deletions to our charter. See listing of
items under Investigation Results.
CONCLUSIONS:
City charters can be similar and different in many ways. It is certainly
interesting and worthwhile to see and read other city's charters and
compare them to ours. There is probably room for improvement in the
wording of various sections of the Brooklyn Center charter. This research
could be used as a starting point for discussion of possible revisions to
their charter. The charters I obtained for this research should become a
very useful tool for this commission to study and review this fall
regarding council vacancies, and other sections in the future.
25
u
BIBLIOGRAPHY
Sample copies of city charters from the following cities:
Anoka, Blaine, Bloomington, Brooklyn Center, Brooklyn Park, Columbia
Heights, Coon Rapids, Crystal, Excelsior, Fridley, Ham Lake, Hastings,
Hopkins, Isanti, Jordan, Lino Lakes, Minnetonka, Minnetonka Beach,
Moundsview, Ramsey, Richfield, Rabbinsdale, St. Francis, St. Louis Park,
St. Paul, Stillwater, Wayzata, West St. Paul, White Bear Lake
Directory of Minnesota Ci Officials
Information for Municipal Officials, by the League of Minnesota
Municipalities
Sample Model Charter, The National Municipal League, New York, New York
26
A9 mto)C A
1V1i1ViVC�V iH %A i ICS
OPERATING UNDER CITY CHARTERS
ADA
LITCHFIELD
ALBERT LEA
LITTLE FALLS
ALEXANDRIA
LUVERNE
ANOKA
MADISON
ARLINGTON
MANKATO
AUSTIN
MARSHALL
BARNESVILLE
MINNEAPOLIS
BEMIDJI
MINNETONKA
BENSON
MINNETONKA BEACH
BIWABIK
MONTEVIDEO
BLAINE
MOORHEAD
BLOOMINGTON
MORRIS
BLUE EARTH
MOUNDSVIEW
BRAINERD
NEW PRAGUE
BRECKENRIDGE
NEW ULM
BROOKLYN CENTER
NORTHFIELD
BROOKLYN PARK
ORTONVILLE
BROWERVILLE
OWATONNA
CANBY
P I PESTONE
CANNON FALLS
RAMSEY
CHATFIELD
RED WING
CHISHOLM
REDWOOD FALLS
COLUMBIA HEIGHTS
RENVILLE
COON RAPIDS
RICHFIELD
CROOKSTON
ROBBINSDALE
CRYSTAL
ROCHESTER
DAWSON
RUSHFORD
DETROIT LAKES
ST CHARLES
DULUTH
ST. CLOUD
EAST GRAND FORKS
ST. FRANCIS
ELY
ST. JAMES
EVELETH
ST. LOUIS PARK
EXCELSIOR
ST. PAUL
FAIRMONT
SAUK CENTRE
FARIBAULT
SLEEPY EYE
FERGUS FALLS
SOUTH ST. PAUL
FRIDLEY
SPRINGFIELD
GAYLORD
STAPLES
GILBERT
STILLWATER
GLENCOE
TOWER
GLENWOOD
TRACY
GRANITE FALLS
TWO HARBORS
HAM LAKE
VIRGINIA
HASTINGS
WABASHA
HOPKINS
WARREN
HUTCHINSON
WASECA
INTERNATIONAL FALLS
WAYZATA
ISANTI
WEST ST. PAUL
JACKSON
WHITE BEAR LAKE
JORDAN
WILMAR
LAKE CITY
WINDOM
LAKE CRYSTAL
WINONA
LESEUR
WINTHROP
LINO LAKES
WORTHINGTON
(108
OUT
OF
854)
;l7
r
4
POPULATION COMPARISONS OF 222£332£2 HEIRD C121E3
Anoka CITY
Blaine
Bloomington
Brooklyn Center
Brooklyn Part
Columbia Heights
Coon Rapids
Crystal
Excelsior
Fridley
I tam
Hastings
Hopkins
Isanti
Iordan
Lino Lakes
Minneapolis
Minnetonka
Minnetonka Beact
Xoundsview
Ra: e/
Richfield
Ro binsd le
St, Fran is
Louis Park
St. Paul
South St. Paul
Stillwater
Wayzata
St. Paul
Waite Bear tam
20£91&1 :CJ
:5,034
3:,533
31,331
31,230
43,}32
20,029
35,&26
2
2,523
30,225
7,332
12,627
15,336
353
2,663
4,968
370,951
3S, Q3
575
12,393
10,093
37,851
14,422
I,18J
42,93!
270,230
21,235
12,290
3,621
18,527
22,533
NOTE: Fib res taken from 1989 Directory of Minnesota city Officials
29
a�n�x c
COMPARISON OF SECTION 1 OF BROOKLYN CENTER'S CHARTER TO OTHER METRO CHARTERS
NAME, BOUNDARIES, POWERS, AND GENERAL PROVISIONS
BROOKLYN CENTER Name /boundaries, City powers, Charter -a public act.
AAA: Same
BLAINE: Same
BL OMINGTON Same
BRQOKLYN PARK Same
COLUMBIA HEIGHTS Same plus Construction of this charter
COON RAPIDS Same
C RYSTAL Same
EXCELSIQR Name /boundaries and City powers only
F ID E Y: Same plus Definitions of eligible voter, Registered voter, Voter, and Electorate
HAM LAKE Name /boundaries and City powers only
HA Same plus Ward boundaries
HOPKINS Name /boundaries, City powers, and Charter construction only
,SANTI Same
JORDAN Name /boundaries, City powers, and Ward section only
LINO LAKES Same
MIINNETONKA Same
MINNETONKA RFCa: Name /boundaries and Real estate only
MOUNDSVIEW Same
RAMSEY: Same
RICHF, IELD Same
ROBBINSDALE Same
ST. FRANCIS Name /boundaries and City powers only
ST, LOUIS PARK Same plus Preamble, City to succeed to rights, Obligations of former
municipality, and Application of general laws
ST, PAUL Same plus Wards section and Power distribution
STtL WL ATER Name /boundaries and City powers only
WAYZA. Powers of the City; Charter Commission only
JEST ST. PAUL Same plus Ward designation and Aldermanic districts
WHTTE BEAR LAKE Same plus Rights and Liabilities
Almost half of the evaluated charters read the same in
with cities who have a ward system -they used this area
Wards /boundaries aldermanic districts.
this section. The major difference was
to include information on
-,q
COMPARISON OF SECTION 2 OF BROOKLYN CENTER'S CHARTER TO OTHER METRO CHARTERS
FORM OF GOVERNMENT
BROOKLYN CENTER Government form, Boards /commissions, Elective officers, Incompatible offices,
Private employment, Council vacancies, Mayor, Salaries, Investigation of city affairs, and
Administrative interference.
ANQKA: Same, except nothing on Private employment
BLAINE: Same, except nothing on Private employment; plus section on Districts
BLOOMINGTON Same, except nothing on Private employment; plus section an Districts
BROOKLYN PARK Same, except nothing on Private employment; plus section on Districts/
redistricting
COLUMBIA HEIGHTS Same, but nothing on Boards /commissions, Private employment, plus section on
Police and city manager, Oath of office /and Official bonds
CQON RAPIDS Same, plus Ward boundaries and Expenses sections; nothing on Private employment
CRYSTAL: Same, plus Resident Councilman, Wards, and Courts; nothing on Private employment
EXCELSIOR Only mentions Form of government
FRIDLEY: Same, plus Wards, Disqualification for appointed office; nothing on Incompatible
office or Private employment
HAM LAKE Same, but Nothing on Private employment or Administrative interference
HASTINGS Same, plus Acting Mayor, Mayor -Law Enforcement; Study and policy committee; City
Administrative Powers /Duties; nothing on Incompatible offices, Private employment, and
Interference by administration.
HQ Same, except nothing on Private employment
ISANTI: Same, but nothing on Private employment or Administrative interference; plus
Subordinate offices and City clerk
JORDAN Nothing on Boards /commissions, Incompatible offices, Private employment, Investigation
of city affairs, or Administrative interference; extra section on Wards, and Powers and
duties of all Officers
LINQ LAKES Same, but nothing on Private employment or Administrative interference
MTNNETONKA Same, except nothing on Private employment; plus Ward descriptions
NN.TOMA BEACH Nothing on Boards /commissions, Incompatible offices, Private employment,
Salaries, Investigation of city affairs, and Administrative interference
MOUNDSVIEW Same, except nothing on Private employment or Administrative interference
RAMSE,Y: Same, except nothing on Private employment or Administrative interference; plus
Council composition /election
RICHFIELD Same, except nothing on Private employment
ROBBINSDALE Same, except nothing on Private employment or Incompatible offices; plus Wards
ST. FRANCIS Same, except nothing on Private employment, Salaries, or Administrative
interference
ST. LOUIS PARK Same, plus Disqualifications for appointed office; nothing on Incompatible
office or Private employment
ST. PAUL Same, but nothing on Government form, Boards /commissions; Incompatible offices;
Private employment; plus City Attorney appointment /qualifications /powers duties
STILLWATER Same, but nothing on Government form, Boards /commissions, Incompatible offices;
Private employment, or Investigation of affairs
VAYZATA: Same, but nothing on Private employment, Investigation of city affairs, and
Administrative interference
WEST ST, PAUL Same, but nothing on Private employment
WHITE BEAR LAKE Nothing on Boards /commissions, Incompatible office, Private employment,
Salaries, or Investigation of city affairs
10
Many charters researched here did not have specific categories on Boards /commissions,
Incompatible offices, Administrative interference, and especially Private employment. Many
cities that have wards included information on districts /redistricting indicated here.
31
COMPARISON OF SECTION 3 OF BROOKLYN CENTER'S CHARTER TO OTHER METRO CHARTERS
PROCEDURE OF COUNCIL
BROOKLYN CENTER Council meetings, Secretary, Rules of procedure /quorum, Ordinances,
Resolutions, Motions, Emergency ordinance, Procedures on ordinances and resolutions,
Signing /publicizing ordinances and resolutions, When they take affect, Amendment and repeal of
ordinances, Codification and publication of ordinances.
ANOKA: Same plus Incorporation of statutes, rules, regulations, and codes by reference.
BLAINE: Same
BLOOMINGTON Same
BROOKLYN PARK Same, plus Incorporation of statutes, rules, regulations, and codes by
reference.
COLUMBIA HEIGHTS Same, but nothing on Codification of ordinances
COON RAPIDS Same
C RYSTAL Same
EXCELSIOR Same, but nothing on Secretary, Amendment and repeal of ordinances
FRIDLEY Same
HAM LAKE Same
HASTINGS Same, plus Conflict of interest and detailed information on City Clerk, City
Administrator, Attorney, appointment of officers /employees; Agenda Items.
HOPKINS Same, but nothing on Codification of ordinances
ISANTI Same
JORDAN Same
LINO LAKES Same, plus Liason Function; nothing on Codification of ordinances
MINNETONKA Same
MINNETONKA BEACH Very little
MOUNDSVIEW Same, plus Liason function; no Codification of ordinances
RAMSE,Y: Same, plus Liason function, Precinct liason and boundaries, Meetings
RICHFIELD Same
ROBBINSDALE Same
ST. FRANCIS Same
ST. LOUIS PARK Same
ST, PAUL Same, plus Mandatory redistricting, Savings clause, Item veto, Reconsideration, and
Overriding veto
STILLWATER Same, but no Secretary, Rules of procedure /quorum, Emergency ordinance, or Repeal
of ordinances
VAYZATA: Same, plus Presiding officer, and Boards
WEST ST. PAUL Same, plus Code of ethics
WHITE BEAR LAKE Same, plus Power /Duties, Independent audit /investigation; nothing on
Secretary.
Two charters included sections on Incorporation of Statutes, Rules, Regulations, and Codes by
Reference. A few included a section on Liason function; some did not have Codification of
ordinances.
32
COMPARISON OF SECTION 4 OF BROOKLYN CENTER'S CHARTER TO OTHER METRO CHARTERS
NOMINATIONS AND ELECTIONS
BROOKLYN CENTER Municipal elections, Primaries, Special, File by affidavit, Candidate
withdrawal, Canvass of election, Election procedures.
ANOKA: Same, plus Polling hours, amd Nomination petition
BLAINE: Same, plus General election laws, Judge of election; nothing on canvass of election
BLOOMINGTON First 3 sections the same; then Filing of Candidate, General election law
provisions, and last 2 sections the same
BROOKLYN PARK Same, plus Judges of election, Nomination Petition
COLUMBIA HEIGHTS First 3 sections the same, then Judges /Clerks of election
COON RAPIDS Same
CRYST Same, plus General election laws, Nomination by petition, and nomination petitions.
EXCELSIOR None
FRIDLEY Same, plus General election laws, Election judges, Nomination by petition and
Nomination petitions.
HAM LAKE Same, but nothing on Primaries or Candidate withdrawal, or Canvass of election
HASTINGS Same, plus Present election officers to continue term
HOPKINS Same, but nothing on Canvass of election; plum Ballots
ISANTI Same, but nothing on Primaries, Canvass of election, Election procedures
JORDAN None
LINO LAKES Same, but nothing on Primaries, Candidate withdrawal, or Canvass of election
MINNETONKA Same, but nothing on Candidate withdrawal, or Canvass of election
MINNETONKA BEACH None
MOUNDSVIEW Same, but nothing on Primaries, Candidate withdrawal, Canvass of election
$B,MSEY: Same, but nothing on Primaries, Candidate withdrawal, or Canvass of election
RICHFIELD Same
ROBBINSDALE Same, plus Judges; nothing on Election procedures
ST. FRANCIS Only has Regular municipal elections, Special election, and Record of election.
ST. LOUIS PARK First 3 section the same, plus Judges, Nomination by petition, and Nomination
petitions.
ST. PAUL Same, but nothing on Candidate withdrawal, plus Voter /candidate qualifications,
Name on primary ballot, and Non- partisan elections
STILLWATER Nothing on Primaries, Candidate withdrawal, or Canvass of election
!JAYZATA: Same, but nothing on Primaries, Candidate withdrawal, plus Judges /Clerks
WEST ST, PAUL Same, but nothing on Special elections, Candidate withdrawal, plus Officers:
How elected, Terms of office, Official year, and Aldermen qualifications
WHITE BEAR LAKE Only Procedures and Annual city elections
Many charters have a section on General election laws, Nomination by Petition, and Nomination
Petitions.
Many did NOT have sections on Canvass of election, Candidate withdrawal, or Primaries.
Election judges /clerks of election did get a short description in a couple of charters.
33
COMPARISON OF SECTION 5 OF BROOKLYN CENTER'S CHARTER TO OTHER METRO CHARTERS
INITIATIVE AND REFERENDUM
BROOKLYN CE IEER Power reserved by people, Petitioners' expenditures, Initiation of measures,
Form of petition /signature papers, Petition filing and action, Council action on petition,
Iniatiative ballots, Amendment or repeal, Amendment initiation, Referendum, Referendum
petition, and Ballots.
AAA: Same, plus Further regulations
BLAINE: Same
BLOOMINGTON: Same, plus Further regulations, Recall election, Procedures, Form of ballot
BROOKLYN PARK Same
COLUMBIA HEIGHTS Same, plus Further regulations, Recall, Petitions, Filing, Election
procedures, and Form of ballot
COON RAPIDS Same, plus Further regulations; no Amendment or repeal
C RYSTAL Same, plus Recall petition, Filing of petition, Election, Ballot
EXCELSIOR Only subsections are: Power, General provisions for petitioners, Determination of
sufficiency, Disposition of insufficient petition, Initiative, Referundum
FRIDLEY Same, plus Further regulations and recall, Petition, Filing of petition, Election,
procedures, Form and instruction to Petitioners
HAM LAKE Only subsections are: General voter authority, Referendum, Determination of
sufficiency, Disposition of insufficient petition, Initiative, and Referendum
HASTINGS None
HOPKINS Same, plus Further regulations, Recalls, Recall petition, Petition filing, Election
procedures, Ballots, Vacancy
ISANTI Same, but nothing on Petition expenditures or Ballots, plus Determination of
sufficiency, Disposition of insufficient petition, Recall, Incapacity of recalled Officers
LINO LAKES Same, but nothing on Petitioner's expenditures or Ballots
MINNETONKA Same, plus Further regulations
MINNETONKA BEACH None
MOUNDSVIEW Only subsections are: Powers, General provision, Determination of sufficiency,
Disposition of insufficient /irregular petitions, Iniatiative and Iniatiative to amend,
Referendum, and Recall
RACY: Same as Moundsview
RICHFIELD Same, plus Further regulations, Recall, Recall petitions, Petition filing,
Election procedures, Ballots
ROBBINSDALE Same, plus Recall, Recall petition, Filing of petitions, Recall elections, and
Form of ballot
ST. FRANCIS Only subsections are: General voter authority, Petition, Determination of
sufficiency, Disposition of insufficient petition, Iniatiative and referendum
ST. LOUIS PARK None
ST, PAUL Iniatiative, Referendum, Recall, Petition determination of sufficiency, Iniative,
referendum, Repeal of ordinance, or Resolution submitted to voters, Recall and disposition
of insufficient petition
STILLWATER None
WAYZATA None
WEST ST, PAUL Same, plus Recall elections; no Repeal
WHITE BEAR LAKE None
Many charters had sections on Recalls, Petitions, Determination of sufficiency, Disposition of
insufficient initiative /irregular petition, and Further regulations.
34
COMPARISON OF SECTION 6 OF BROOKLYN CENTER'S CHARTER TO OTHER METRO CHARTERS
ADMINISTRATION OF CITY AFFAIRS
BROOKLYN CENTER City Manager powers and duties; Administrative departments, Subordinate
officers, Purchases /contracts, Contracts- -how let.
AKA: Same, plus City Attorney, and Attendance of employees at council meetings
BLAINE Same
BLOOMINGTON Same, plus Merit system and Execution of instruments
BROOKLYN PARK Same
COLUMBIA HEIGHTS Same
COON RAPIDS Same
CRYSTAL Same
EXCELSIOR None
F RIDLEY Same, plus Further purchase regulations
HAM LAKE Same, but nothing on City Manager
HASTINGS Nothing, but Contracts in miscellaneous section
HOPI {INS Same
ISANTI None
JORDAN None
LINGO LAKES Only has Administrative responsibilities Council and Administrative organization,
which includes city administrator and clerk treasurer
MIMTONKA Same
MINNETONKA BEACH None
MOUNDSVIEW Clerk, Administrator Special duties; Administrative responsibility and
organization only
RAMP: Same, but nothing on Contracts- -haw let
RICHFIELD Same
ROBBI DALE Same
ST. FRANCIS Same, but nothing on Purchases /contracts and Contracts- -how let
ST. LOUIS PARK Same, plus Further purchase regulations
S _PAUL Nothing on City manager or Purchases /contracts, plus Mayor, City Clerk, Attorney,
and maximum of six executive departments; Classified and unclassified
STILLWATER Fiscal year, City officials, Appointment of city officials, Bonds, Creating/
discontinuing Offices, Failure to perform, Pay, Qualification of appointees and removal.
VAYZATA: Same, plus Assessor and Attorney
WEST ST, PAUL Same, plus Labor Contracts
WHITE BEAR LAKE Same, but nothing on Purchases /contracts -how let
Three charters did not have a section on Purchases /contracts- -haw let.
Some cities included descriptions of the City Attorney and Assessor, Merit system, and Labor
contracts here.
Further purchase regulations were mentioned in a few cases in this area.
35
COMPARISON OF SECTION 7 OF BROOKLYN CENTER'S CHARTER TO OTHER METRO CHARTERS
TAXATION AND FINANCES
BROOKLYN CENTER Council to control finances, Fiscal year, Taxation system, Board of
Equalization, Preparing annual budget, Passage /enforcement of budget, Altering /adjusting
budget, Contingency appropriation, Disbursements, Funds to be kept, Accounts /reports, City
debts, Tax anticipation /emergency debt certificates.
ANOKA: Same, plus Form of budget
BLAINE: Same, plus Bonds outside the debt limit
BLOOMINGTON Same, plus Establish /operate a permanent improvement revolving fund, and
Equipment acquisition
BROOKLYN PARK Same, plus Receipts go to Director of Finance, Annual capital budget, and
Certificate of indebtedness for purchase of certain equipment
COLUMBIA HEIGHTS Same, plus Levy and collection of taxes, Tax settlement with County
Treasurer, Payment of bills- -How made, Receipts to City Treasurer, Bonded debt, Debt limit,
and Form /repayment of Bonds
CQQN RAPIDS Same, plus Power of taxation
CRYSTAL Same, plus Bonds outside the debt limit
EXCELSIOR None
FRIDLEY Same, plus Power of taxes, Levy /collection of taxes, Tax settlement with company,
receipts to City Treasurer, Form /repayment of bonds, Bonds outside debt limit
HAM LAKE Same, but nothing on Board of Equalization or Contingency appropriation, plus
Capital improvement program
HASTINGS Same, plus Capital program, Public records, Certification of tax levy, Amendments
after adoption, Lapse of appropriations; no Contingency appropriation, Accounts, Tax
anticipation /emergency debt certificates
H OPI {IN S: Same, plus Tax settlement with County Treasurer, Investment of city funds, All money
Belongs to city, Bonded debt /debt limit, Form /repayment of bonds
I SANTI Same, plus Capital improvement program, Tax levies /limitations; no Accounts /reports
JORDAN: Subsections include: System of taxation, Board of Equalization, Estimated annual
budget, Budget alterations, Funds to be kept, Taxes to be levied by resolution, and City
indebtedness.
LINO LAKES Same, plus Five year financial plan; no Contingency appropriation, Accounts/
reports
MINNETQNKA Same, plus Certificate of indebtedness and Borrowing outside the debt limit
MINNETONKA BEACH Very small section on Taxes /Taxation
MOUNDSVIEW Same, but nothing on Board of Equalization, Contingency appropriation or
Accounts /reports; plus Long term financial plan, Public service program, Capital
improvement program, Long term revenue program, Capital budget.
RAEI: Same, but nothing on Board of Equalization or Contingency approach; plus Long term
financial plan
RICHFIELD Same
ROBBINSDALE Same, plus Form of budget, Bonds outside the Debt limit, Finances of certain
equipment
Sy. FR Same, but nothing on Board of Equalization or Contingency appropriation, Funds
to be kept, Accounts /reports or disbursements; extra section on Capital improvement program
ST. LOUIS PARK Same, but nothing on Fiscal year; plus Levy and collection of taxes, Tax
settlement with County, Receipts to City Treasurer, Bonded debt /limitation /form/repayment,
and Bonds outside the debt limit
ST. PAUL Same, plus Capital improvement budget, Supplemental appropriations,
Reduction /Transfer /Lapse of Appropriations, Popular approval of other obligations,
Dedicated funds, property tax authority, Certificate of tax levy; nothing on Board of
Equalization, Funds to be kept, or Accounts /reports
36
s
STILLWATER Council to control finances, Funds, Duty of council to reduce expense, power to
Borrow money or incur debt, Powers by law, and Not limiting are only subsections
WAYZATA Same, but nothing on Contingency appropriation, plus Levy /collection of
taxes /receipts
WEST ST. PAUL Same
VITB._BEAR LAKE Nothing on Board of Equalization, plus Tax levy, collections, and
depositories, Equipment certificates.
SUMMARY OF FINDINGS
Many charters mentioned sections on Receipts go to Director of Finance, Capital improvement
program, Long term revenue program, Bonded debt /limit /form /repayment, Equipment acquisition
and Capital budget.
Many did NOT have sections on Board of Equalization and Contingency appropriation.
One city had a section of Permanent improvement revolving fund.
37
1
COMPARISON OF SECTION 8 OF BROOKLYN CENTER'S CHARTER TO OTHER METRO CHARTERS
PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
BROOKLYN CENTER Power to make improvements and levy assessments, Assessments for services,
Local improvements regulations, Public works: how performed.
ANOKA: Same, plus Improvement hearing, Notice of assessment hearing, Hearing confirmation,
Notification of confirmation, Appeals, Re- Assessment, Purchase of land for delinquent
assessments
BLAINE: Same
BLOOMINGTON Same, except last two sections omitted
BROOKLYN PARK Nothing on Assessments for services or Public Works: How Performed; extra
sections on Council limit and Rights /privileges
COLUMBIA HEIGHTS Same plus Appeal procedures and Reassessments and Detailed procedures
COON RAPIDS Same
CRYSTAL Same
EXCELSIOR No such items
FRIDLEY Same plus City plan and Enforcement of it
HAM LAKE Same, except nothing on Public works: how performed
HASTINGS Same (under miscellaneous)
H.O PK.INS Nothing on this section
TSANTI: Same
JQRDAN: Same, except last two sections omitted
LINO LAKES Same, plus Effective Charter Provisions and spells out
procedures in detail
MINNETONKA Same
special assessments
MINNETONKA BEACH No special section; city has these powers under "Corporate Powers"
MOUNDSVIEW Same, plus special procedures spelled out in detail
RAMSEY: Last section omitted, but lots of procedures spelled out
RICHFIELD Same, except nothing on Local improvement regulations
ROBBINSDALE Same
ST. FRANCIS Same, except nothing on Public works: how performed
ST. LOUIS PARK Same plus City plan and Enforcement of City Plan
ST, PAUL Power to levy assessment, Preliminary assessments, Charge for services,
Reassessments, Appeal, Trial, and Alternative procedure only
STILLWATER Same, except nothing on Assessments for services or Public works: how performed
WAYZATA Same, except nothing on Public works: how performed; extra section on City Plan
W EST ST PAU: Same
WHITE BEAR LAKE Very limited section under "Miscellaneous"
Many charters went into detailed assessment procedures (i.e., Notice of Hearing, hearing
Confirmation, Notification of Confirmation, etc.)in this section.
There were a number of cities who did not spell out a section entitled: Public works: how
performed.
38
w
COMPARISONS OF SECTION 9 OF BROOKLYN CENTER'S CHARTER TO OTHER METRO CHARTERS
EMINENT DOMAIN
BROOKLYN CENTER Power to acquire property, Proceedings, Payment of award, City may dismiss
proceedings, City may take entire plant.
ANQKA: Same
BLAINE: Same
LHOQMTNGTON Same
BROOKLYN PARK Same
COLUMBIA H, =HIS Same, plus Easements, how acquired
COON RAPIDS Same, except nothing on City may dismiss proceedings
CRY Same
EXCELSIOR First 3 sections same, plus Public hearing, Notice, Hearing, Ordinance, Action
commencement
FRI LEY Has the following statement: "City of Fridley shall have the power of Eminent Domain
as set forth by the Statutes of the State of Minnesota
HAM LAKE Only brief statement that city can proceed according to CHAPTER 117, MN Stats.
HASTINGS Power to acquire; Easements by gift, devise, purchase, or condemnation, procedures
per MN Stats.
OPKINS Same
ISANTI Same
JQRDAJ: Nothing
LINO LAKES Brief statement that city proceeds according to MN law.
MINNETONKA Same, except nothing on City may dismiss proceedings
MTNNFTONKA BEACH Power to exercise in aid and execution of powers as authorized by Minnesota
Statutes
MOUND VIEW City proceeds according to MN Law, Chapter 117
R a. Power to proceed according to MN Law, Chapter 117
RICHFIELD Same
ROBBI _ALE Same
ST. FRANCIS Power to acquire and Proceedings, but nothing on last three sections
ST LOUIS PARK Same
ST, PAUL Same, plus Preliminary Order, Hearing -Final Order, Appeals, Title, Marketable Title,
Interest, Sale of Real Property
TEL L.LWA ER City's authority and procedures per Chapter 117 of MN Stats
WAYZ ATA: City proceeds according to MN Stats, Chapter 117
WEST ST PAUL No Payment of award, City may dismiss proceedings, or Take entire plant
WHITE BEAR LAKE Acquisition of property by eminent domain should be in accordance with the
laws of the state of Minnesota,
Some charters did not have a section on City may dismiss proceedings.
Something that was very noticeable was that many stated that the city proceeds according to
Chapter 117, Minnesota Statutes.
39
A
COMPARISON OF SECTION 10 OF BROOKLYN CENTER CHARTER TO OTHER METRO CHARTERS
FRANCHISES
BROOKLYN CENTER Franchises required, Term, Public hearing, Power of regulation reserved,
Renewals, or Extensions.
ANOK.A: Same
BLAINE: Same
BLOOMINGTON Same, plus Rates
BROOKLYN PARK Same
COLUMBIA HEIGHTS Franchises defined, Ordinance, Publication, Term limited, Power reserved,
Rates /charges regulated; Conditions, Further provisions
COON RAPIDS Same
CRYSTAL Same, plus Franchise ordinance and Cost of publication of franchise
EXCELSIOR None
FR IDLEY Same, plus Definition, Ordinances, Publication costs, Rates /charges, and Provisions
HAM LAKE Same
HASTINGS None
HOPKINS No Term, Public hearing, or Power of regulation reserved
ISANTI Same
JORDAN None
LINO LAKES Same
MINNETONKA Same
MINNETONKA BEACH None
MOUNDSVIEW Same
RAINY: Same
RICHFIELD Same
ROBBINSDALE Same, plus Ordinance, Cost of Publication, and Applicability of state law
ST. FRANCIS None
ST, LOUIS PARK Same, plus Ordinance publication, Costs, Rates /charges, Provisions
ST, PAUL Same
STILLWATER None
WAYZATA Definition, Ordinance, Limited term, Rates /charges, Franchise conditions, Acceptance
VEST ST, PAUL Same
VHITE BEAR LAKE Same
Many charters included Ordinance for franchise, Cost of publication, Rates /charges, and
Provisions as additional information in this section.
40
1 0
COMPARISON OF SECTION 11 OF BROOKLYN CENTER'S CHARTER TO OTHER METRO CHARTERS
PUBLIC OWNERSHIP AND OPERATION OF UTILITIES
BROOKLYN CENTER Acquisition /operation of utilities, Rates and finances, Purchase in bulk,
Lease of plant, Public utility- -how sold, Notice of public hearings
ANOKA: Same
BLAINE: Same
BLOOMINGTON Same, but nothing on Notice of public hearing
BROOKLYN PARK Same, plus City to pay for services
COLUMBIA HEIGHTS Same, but nothing on Notice of public hearing, and City to pay for services
COON RAPIDS Same, but nothing on notice of Public Hearing
CRYS TAL: Same
EXCELSIOR None
FRIDLEY: Same, but nothing on Notice of public hearing, plus City to pay for services,
Municipal utility organization, and Commission at council discretion
HAM LAKE Same, but nothing on Purchase in bulk or Notice of public hearing
HASTINGS None
HOPKINS Same, but nothing on Nnotice of public hearing
ISANTI Same, but nothing on Nnotice of public hearing
JORDAN None
LINO LAKES Same
MINNETONKA Same
MINNETONKA BEACH None
MOUNDSVIEW Same
RAMSEY: Same
RICHFIELD Same
ROBBINSDALE Same
ST. FRANCIS Only Acquisition /operation and sale of public utilities
ST. LOUIS PARK Same, but nothing on Notice of public hearing, plus City to pay for services
ST. PAUL Only Acquisition /operation /rates /and Board of Water Commissioners
STILLWATER Only a section on Board of Water Commissioners
WAYZATA None
WEST ST, PAUL Same, but nothing on Notice of public hearing
WHITE BEAR LAKE Same, but nothing on Notice of public hearing
SUMMARY OF FINDINGS
Many cities did not have a section on Notice of public hearing but did have a section on City
to pay for services.
Two mentioned a Board of Water Commissioners and dealt with that here.
41
MI
4 1 R
COMPARISON OF MISCELLANEOUS TRANSITORY PROVISIONS SECTION OF BROOKLYN CENTER'S
CHARTER TO OTHER METRO CHARTERS
(Often entitled GENERAL PROVISIONS)
BROOKLYN CENTER Official publications, Oath of office, City officers /employees not to be
interested in contracts, Official bonds, Sales of real property, Vacation of streets, City to
succeed to rights /obligations of former municipality, Present officers to hold office till
when, Statutes not affected by charter, Existing ordinances /resolutions continued, Pending
condemnations /assessments, Ordinances to make charter effective.
ANOKA Same, but nothing on City to succeed to rights /obligations of former municipality,
plus Disposition of fines /penalties, Police to belong to public employee police /fire fund
BLAINE: Same, but nothing on Present officers to hold office till when
BLOOMINGTON GTON Same, plus Intoxicating liquor, and Fines and penalties
BROOKLYN PARK Same, but nothing on City to succeed to rights /obligations of former
municipality, or City officers /employees not to be interested in contracts; plus
Disposition of fines /penalties, Damage suits, Recovery of Judgement for damage, Police
pension plan, Civil Service seperability, Schedule, and Charter Commission
COLUMBIA HEIGHTS Same, plus City property not lost by adverse possession, Damage suits,
Recovery of judgement for damages; nothing on City officers /employees not to be interested
in contracts
COON RAPIDS Same, but nothing on Present officers to hold office till when
CRYSTAL Same, plus Employee can't accept favors, Fines /penalties; nothing on Pending
condemnations /assessments, or Ordinances to make charter effective
EXCELSIOR Subsections include: Charter, a public act, Effect of state statutes, Existing
ordinance continued; Charter amendments, City obligations
FRIDLEY Same, plus Publicity of records, Accepting of favors, Damage suits, Recovery of
judgement for damages, and Application of general laws
HAM LAKE Same, but nothing on Statutes not affected by charter
HASTINGS Same, but nothing on Oath of office, Official bonds; plus Gifts and gratituities,
Public improvements, and Power to acquire property
HOP Same, plus Officers not to accept favors, Damage suits, Recovery of judgement for
damages
ISANTI Same, but nothing on Statutes not affected by charter
JORDAN Subsections include: Rescinding council votes, Settling claims, Publications, Claims
and demands, Public records, Official paper, Repeal of 1891 charter, and Effective charter
date
LINO LAKES Same, but nothing on Statutes not affected by charter; plus City communication
MINNETONKA Same, plus Human Rights
MINNETONKA BEACH No separate section as such
MOUNDSVIEW Same, plus Newsletter to be published 6 /times yearly minimum
R Same, plus same as Moundsview
RICHFIELD Same, but nothing on Officers /employees not to be interested in contracts; plus
Disposition of fines /penalties
ROBBINSDALE Same, plus Favors, Fines /penalties, and Unclaimed motor vehicles /disposition;
nothing on Pending condemnations /assessments, or Ordinances to make charter effective
ST. FRANCIS Same, but nothing on Oath of office or Statutes not affected by charter; plus
Election of new council
ST. LOUIS PARK Same, but no Official publication, Oath of office, City to succeed to
rights /obligatiorns of former municipality, Present officers to hold office till when,
Statutes not affected by charter, Existing ordinances /resolutions continued, Pending
condemnations /assessments, Ordinances to make charter effective. Does include Damage
suits, Recovery of judgement, and Civil service commission
42
0
ST. PAUL Same, plus Current files, Charter amendment, On -sale liquor license, Community
development districts, Restrictions, Zoning, Severability
STILLWATER Subsections include: City to succeed, Existing ordinances, Pending condemnation,
Ordinance to make charter effective, Present officers continued, and Effective date ONLY
WAYZA'TA Same, plus Forfeiture of office, Application of general laws, Adverse possession,
Damage suits, Judgement recovering rights and Liabilities; nothing on Sale of real
property, City to succeed to rights, Present officers to hold office till when, and
Statutes not affected by charter
WEST ST, PAUL Same
WHITE BEAR LAKE Same, plus Punishment for offense, Word construction, and Statutes
applicable to city; nothing on Official publication, Oath of office, City
officers /employees not to be interested in contracts, Official bonds, City to succeed to
rights /obligations of former municipality, and Statutes not affected by charter
Sections on Fines /Penalties and Damage Suits /Recovery appear in several charters.
Many charters use in the section on officers /employees not to have an interest in contracts to
also not accept favors.
Police Pension Plan, Civil Service Seperability, Unclaimed motor vehicle- disposition, On -sale
liquor license, Community development districts, Restrictions, Zoning, Application of general
laws, Adverse possession, Punishment for offense, and Word construction also surfaces in this
area.
One city has a section on Human Rights, and two cities have included in this section a
statement about publishing a newsletter at least six times a year.
43