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HomeMy WebLinkAbout2008-099 CCRMember Mark Yelich introduced the following resolution and moved its adoption: RESOLUTION NO. 2008-99 RESOLUTION RECEIVING PROPOSED CHARTER AMENDMENT AND CALLING A SPECIAL ELECTION THEREON BE IT RESOLVED by the City Council of the City of Brooklyn Center, Hennepin County, Minnesota ("City") as follows: The City Council hereby finds and determines that the Brooklyn Center Charter Commission has duly submitted a proposed amendment to the City's Charter, which amendment would require the City Council to adopt ordinances providing for administrative penalties for violation of city ordinances, all pursuant to and in accordance with Minnesota Statutes, Section 410.12, and that therefore an election thereon shall be held as hereinafter provided. 2. The proposed charter amendment will be submitted to the voters of the City at the special election to be held (as part of the general election) on Tuesday, November 4, 2008. The election will be held and conducted in accordance with the laws of the State of Minnesota relating to municipal elections and the City's home rule charter. 3. The City Clerk is directed to cause a notice of election or sample ballot, or both, in substantially the form attached hereto as Exhibit A to be posted and published as required by law and as follows: (a) The notice of election, including the complete text of the proposed charter amendment, will be published in the official newspaper of the City once a week for two successive weeks prior to the election; (b) The notice of election and a sample ballot will be posted in the office of the City Clerk at least four days prior to the election and a sample ballot will be posted at each polling place on election day; and (c) The sample ballot will be published in the official newspaper at least one week prior to the election. (d) The City Clerk will provide written notice of the election to the Hennepin County Auditor at least 53 days before the election, including the date of the election and title and language for the ballot question. 4. The polling places, hours of election, and the respective judges for the election will be those established by the City for general elections. The polls will be open from 7:00 a.m. until 8:00 p.m. 5. (a) The City Clerk is authorized and directed to prepare the ballot in substantially the following form, subject to the terms of Section 5(b) hereof: RESOLUTION NO. 2008-99 CITY QUESTION BALLOT SPECIAL ELECTION CITY OF BROOKLYN CENTER November 4, 2008 INSTRUCTIONS TO VOTERS: To vote for a question, fill in the oval next to the word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. CITY QUESTION NO. 1: PROPOSED CHARTER AMENDMENT Should the City of Brooklyn Center charter be amended to require the City Council to establish administrative penalties for violations of City ordinances? O YES O NO 1 1 RESOLUTION NO. 2008-99 (b) The City Clerk is authorized and directed to prepare ballots pursuant to the requirements of Minnesota Statutes, Section 206.61. The City Clerk will provide each polling place with at least two sample ballots which are facsimiles of the card to be voted on in that precinct, in accordance with Minnesota Statutes, Section 206.62. 6. The City Council shall meet in the City Hall on November 5, 2008, at 5:00 p.m., C.T. to canvass the results of the election and to declare the results thereof. September 8.2008 Date Mayor 1 1 ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2008-99 1 NOTICE OF SPECIAL ELECTION CITY OF BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA EXHIBIT A NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Brooklyn Center, Hennepin County, Minnesota, on Tuesday, the 4 h day of November, 2008, at which the following proposition will be submitted to the voters of the City for their approval or rejection: PROPOSED CHARTER AMENDMENT Should the City of Brooklyn Center charter be amended to require the City Council to establish administrative penalties for violations of City ordinances? 1 The polling places for said election are as follows: Precinct I Lutheran Church of the Triune God, 5827 Humboldt Avenue North Precinct 2 Brooklyn Center High School, 6500 Humboldt Avenue North Precinct 3 Evergreen Park Elementary School, 7020 Dupont Avenue North Precinct 4 St. Alphonsus Church, 7025 Halifax Avenue North Precinct 5 Garden City Elementary School, 3501 65th Avenue North Precinct 6 Northport Elementary School, 5421 Brooklyn Boulevard Precinct 7 Cross of Glory Lutheran Church, 5929 Brooklyn Boulevard The polls for said election will be open at 7:00 a.m. and will remain open until closing at 8:00 P.M. Any qualified registered voter of the City is entitled to vote at said election at the polling place for the precinct in which the voter resides, and any resident of the City not previously registered as a voter may register on election day. BY ORDER OF THE CITY COUNCIL City Clerk 1 Dated: 2008. RESOLUTION NO. 2008-99 1 STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS. CITY OF BROOKLYN CENTER ) I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City held on , 2008, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the calling of a special election for a proposed amendment to the charter of the City. WITNESS My hand as such City Clerk and the corporate seal of the City this day of , 2008. 1 City Clerk City of Brooklyn Center, Minnesota (SEAL) 1