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HomeMy WebLinkAbout1991 02-27 Subcommittee on Council Vacancies SUMMARY OF CHARTER SUB COMMITTEE NAME OF SUB COMMITTEE: C 1, t V DATE FORMED: CHARGE TO THE SUB COMMITTEE: CHAIR/MEMBERS TO THE SUB COMMITTEE: C( r t d e eta n y, A� e DATES OF SUB COMMITTEE MEETINGS: 7/17 COMMISSION MINUTES DISCUSSING THIS SUBJECT: lel I ;211 -7/a �/q 0 OUTCOME OF SUB COMMITTEE'S ACTIONS: No Change Made to the Charter Change Made to the Charter via Ordinance First Reading Second Reading Effective Date of Ordinance Change to Charter ANY ADDITIONAL COMMENTS: V 49 ,R( g� q CEO e r� March 12, 1991 TO: Brooklyn Center Charter Commission FROM: Commissioner David Hildebrandt TOPIC: Minutes of the Sub Committee on Council Vacancies Members Present: Allen Anderson (Chair) David Hildebrandt Tony Kuefler On March 8, at 8:00 P.M. the sub committee met in conference room A of the City Hall to discuss proposed changes to section 2.05 of the city charter. After review and discussion of various proposed wordings, the subcommittee members agreed on recommended changes. The changes the sub committee would like incorporated to sections 2.05 are listed below. A person appointed to fill a vacant Council position, cannot serve for more than one year. If the remaining term of the vacant position exceeds one year, the vacancy must be filled by a special election. If more thahtwo people file for a vacant council position in a special election,- -#lea a primary shall be required. The sub committee requests that all Charter Commission members review the proposed additions so they can be discussed at the next meeting. If all members agree on the proposed additions, we can then proceed to discuss different strategies on how we want to present the information to the City Council. The meeting adjourned at 9:10 P.M. 1 raycr or any two members of the Council may call special meetings of the upon at least twenty -four (24) hours' written notice to each member of the Such notice shall be delivered personally to each member or shall be at the member's usual place of residence with some responsible person. All .c- Tings of the Council shall be in compliance with the Minnesota Open Meeting rw, and any records thereof shall be made available at all reasonable times. ien by Mona Hinztman, seconded by Everett Lindh to accept the above wording for *_ion 3.01 of the City Charter, and it should be sent to the City Council for _sir approval. Motion passed 7 ves, 0 no, 0 abstaining, and 5 absent. I L 2 ,09, Counci I vacancies i :_sioner Hildebrandt (an behalf of Allen Anderson, chair of the sub committee -'^is topic) stated that the sub committee met on March 12th. Minutes of that --e-ing were passed out tonight. Their recommendations are summarized as follows: person appointed to fill a vacant Council position cannot serve for more than year. If the remaining term of the vacant position exceeds one year, the lacancy must be filled by a special election. If more than two people file for i -acant council position in a special election, a primary shall be required. :11 members present (7 Total) were in favor of these changes for Section 2.05. the sub committee needs to work out the wording for that section incur- at iz the above recommendations so the full commission may review /discuss it. 'EY BUSINESS er:;np Statu o th e f .barter Cum of ssi on A dministrative Assistant stated that she has checked with the Judge's clerk on ,ratus of Ron Christenson's reappointment as well as any new appointments. To no response has been received. �ErT MEETING DATE was the consensus of the members present to tentatively set our next meeting «te for Wednesday, April. 24, 1991, at 7 p.m. ADJOURNMENT "ot.ion by Ron Christensen, seconded by David Hildebrandt to adjourn the meeting at P pectfully sub 'tted, Carole J. ers, C.P.S. Administrative Assistant hair: Edward Commers ecretary: Beverly Wolfe 2 of 2 Pages (3- 27 -91) r BR 3iiLYX CENTER CHARTER COXXISSION MARCH 27 1991 XEETING MINUTES 7 P.M. CITY HALL CALL TO ORDER The meeting was called to order by Chairperson Edward Commers at 7:97 P.M. ROLL CALL Members present: Uly less Boyd, Ron Christensen, Edward Commers, David Hildebrandt, Bona Hintzman, Everett Lindh, Susan Warner Members absent and excused: Allen Anderson, Tony Kuefler, Beverly Wolfe, Ted Vi'_lard Members absent and unexcused: Dennis Snook NOTE: There are three vacancies a- this time. APPROVAL OF MINUTES Motion by Everett. Lindh, seconded by Nona Hintzman to approve the minutes of ebruary 27, 1991, as presented. 'lotion passed unanimously. CORRESPONDENCE Chairperson Commers stated that letters were sent to the Brooklyn Center Post and -Northwest News regarding tonight'_ meeting. It was not known if the notice was in the Brooklyn Center Post; however, it was in the latest issue of Northwest News. Northwest news also carried an item regarding our vacancies, as well as an article about outgoing members Ault, Chatelle; and Sexton. A letter was sent to City Attorney C arlie LeFevere with proposed revisions as stated in our February minutes to Section 3.01 for his comments. Chairperson Commers stated he received a letter from the City Attorney dated March 3, 1991. Copies of this response were passed out at this meeting. OLD B3STN7SS *ap-cti nn 3 01.. Council Meetiness Combining Mr. LeFevere's suggestions and making the correction of the word "may" to "shall" in instances of revised sentences, the following warding is proposed for Section 3.01 of the City Charter: The City Council shall hold regular meetings at such time and place as it by mction shall determine. Officers elected at the time of a regular municipal election rrcvided for by this charter shall be sworn in and assume the duties of the office to which they were elected cn or after the first business day of 3anuary, cr at the first city council meeting in January, or as soon thereafter as practical, Officers elected at a special election shall be sworn in and assume the duties of office to which they were elected on any business day or at any city council meeting after the issuance by the City Clerk of the Clerk's certificate of election. Newly appointed council rembers shall take the oath of office and assume the duties of office upon appointment or on any business day or at any council meeting after being appointed. I P f May 5, 1 ?91 TO: Brooklyn Center Charter Commission FROM: Commissioner David Hildebrandt 12r)l TOPIC: Minutes of the Sub Committee on Council Vacancies A A A w A A w A'A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A I1 A A A A A A A A F. A A A A A A A Members Present: Allen Anderson (Chair) David Hildebrandt Tong Kuefler Edward Commers On Saturday April 27, at 9:00 A.M. the Brooklyn Center ub -Com mittee met in Conference Room A of the City Hall to dis uss an action plan on pursuing proposed changes to section 2.05 of the city charter. After each member expressed their-concerns, the Sub -C mmittee agreed on an action plan on how they would like to presxnt the proposed changes of section 2.05 to the City Council. Listed below is the action plan. The plan lists actions th t have already been taken, and future steps. In addition, t ;e plan lists what group will be responsible to take action at each step. R E S P O N S I B I L I T Y ,Charter Sub ;City ;C$ty ;Action Plan ;Commiss. ;Committee;Council;A torney; T Refer matter to i i appointed Sub Committee Done i i i i i 1 i 1 2. Draft wording express- 1 ling intent of proposal ;change Done 13. Review, discuss, and ;revise :wording presented S ;byzthe,Sub- Committee Done ;4. Meet with individual ;Council Members to explain: ;the proposal change X 15. Incorporate feedback ;suggestions of Council ;Members into the plan X 1 P.3 ,Charter Sub ;City ,C ty torne Y Action Plan ,Commies. ,Commzttee,Counczl,A ;6. Present -propasalY and ;plan to City Council X ;7. Refer proposal to City ;Attorney for incorporating; 'into existing Charter with; r ;appropriate wording. ;(With a day certain for completion) i X I t 8. Draft proposed change wording. X ;9. Present proposed ;charter change wording ;back to City Council X 110. Acknowledge receipt ;of proposed charter change; 1 ;wording and refer back to ;Charter Commission X ;11. Review, discuss, or ;revise and take official ;action. (May require ;involvement of City ;Attorney.) X 112. Refer proposed charter; i ;amendment to City Council ;for action. X For any Charter Commissioner who is not familiar with the intent of the proposed change to section 2.05, it is list below. A person appointed to fill a vacant Council position, r cannot serve for more than one year. if the remainkig terns of the vacant position exceeds one year, the va :ancy must be filled by a special election. if more than 'two people file for a vacant council position in a special election, then primary shall be required. .The meeting adjourned at 10:10 A.M. The Sub Committee is cur- rently planning to start on point #4. Ideally, all steps will be completed by this fall. 2 "L-s >rtr 'il .ri TART E R ^M s,l .s �J iIS4�I Vl: SUB CO?�H TTEE O *tCOUNCIL VACANCIES XEETiNG MINUTES SATURDAY, SEFTEXBER 14, 1991 9 A.M. ?resent: Al Anderson (Chair), David Hildebrandt, Tony Kuefler Chairperson Anderson of the sub committee started the meeting, whose intent today is to 1--corporate the suggestions of Council Members into the sub committee action plan #5) on the issue of council vacancies. :DTSCUSSTCN OF TTY CC+iTNC,+ ri_XF.FBS OXMFN7S C;N T TSSUE: Commissioner Kuefler supplied a summary of individual comments received from the City Co'unci members and N.ayor obtained the last week of August through various interviews with Chairman Commers and the sub committee members ��;tated above. The following a general condensation of these comzments: All five council members liked the approach used by the Charter Colr"mi3sion this= time in obtaining tLe1r input regarding changing the barter section an Council Vacancies. Two ccuncii members felt the ^eople rather than the Council should decide 7n1'13 is =sUe; two members felt they Mlle Council) should give approval on this am endment rather than requiring a citizen referendum vote; one did not state his view on this. iwo felt a candidate should serve a minimum of one year when elected in a s pecial election (pills the time needed for filing and elections) TNo members felt that appointments should be limited. One felt we must consider minimum election ,requirements Polling places and machine_) and cost factors cf an election. Line felt we should find optional ways to reduce special elections costs .mail in approach; town meetings /city convention approach; town meetings /cable; mail). One thought we :should consider a Preamble to our Charter stating our priorities to citizens (effectiveness, efficiency, openness). One stated that an election, whether it is regular or special, is a goad opportunity for citizens /candidates to interact. This also weeds out candidates from those_ not really interested in doing ±he work an election (regular or special) requires. One felt that appointing someone up to two years was not a problem. One .member felt it was not practical to ask a candidate to run for anything less than a two year term in a special election, because this wound mean thye would have to run twice in less than two years if they also wanted to serve a full term following their partial term; one felt this situation was not a problem. One member felt that sooner was better than later than getting this issue address. SUB CGMMTTTFF RFcnLT _T TONS: In light of the above comments /suggestions, it was decided unanimously by the :pub- committee members to revise the "intent" of the proposed change to Section 2.05. Council Vacancies, of the Charter to ready A person appointed to fill a vacant Council position cannot serve for more than one year. If the remaining term of the vacant position exceeds one year plus the minimum time rent re"3 to a- corgcJate the resignation., �2anouce the filings. and allow f the r nr imary and general election:- process. theTl, the vacancy must be filled by a special election. If more than two people file for a vacant council positon in a special election, a primary shall be required. NOTE: Underline indicates the new, revised wording to the original "intent The sub- committee members also unanimously decided that the Charter Commission as a whole should consider the following items: 1. The creation of a Preamble to the Charter stating what it is intended to do for its citizens 2. The mail -in election approach or paper vs. voting machines. The meeting adjourned at 10:30 a.m. Respectively Submitted, Carole J. Blowers, C.P.S. Administrative Assisant Page 2 of 2 9 -14 -91 l BROOKLYN CENTER CHARTER COMMISSION SEPTEMBER 25, 1991 MEETING MINUTES 7 P.M. CITY HALL CALL TO ORDER The meeting was called to order by Chairperson Edward Commers at 7:OO P.M. ROLL CALL Members present: Allen Anderson, Ulyssess Boyd, Ron Christensen, Edward Commers, Donald Gilbert, David Hildebrandt, Mona Hintzman, Myrna Kragness, Tony Kuefler, Everett Lindh, Eileen Oslund, Dennis Snook, Susan Warner, Ted Willard, Beverly Wolfe Members absent: None Also Present: Mayor Todd Paulson NOTE: All vacancies are filled; we have fifteen total members. APPROVAL OF MINUTES Motion by Mona Hintzman, seconded by Allen Anderson to approve the minutes of March 27, 1991, as presented. Motion passed unanimously. CORRESPONDENCE Chairperson Commers stated that letters were sent to the Brooklyn Center Post and Northwest News regarding tonight's meeting. Welcome letters have been sent to all new members (Commissioners Gilbert, Kragness, and Oslund). NOTE: During the meeting, each commission member introduced himself for the courtesy of the new members gust mentioned. Chairperson Commers stated he sent a letter to Mayor Todd Paulson inviting him to tonight',s meeting. New membership roster lists have been mailed to all members, and chairperson Conn rs asked if there were any corrections or additions. Commissioner Anderson asked the Administrative Assistant to check the dates of his term. A Business Ethics Policy sent out from the City Manager's office has been mailed in July to all members. Chairperson Commers stated that all members should in particular read the section on Conflicts of Interest, Prohibited Conduct on page 2. It was stated by Chair Commers that we accept this ethics policy. All commission members should also have received in the mail new pages to the charter that were affected by the ordinance regarding Section 3.01, Council Meetings of the charter. Chairperson Conn rs also stated that he and some other members of this commission recently attended a citizen participation meeting. A Communication Commission has been formed for better flow of information between the people of the community and V city staff/elected officials. One concern expressed at this meeting was that the water /sewer department should inform people ahead of time when they are planning to do work in a certain area of town. OLD BUSINESS Section 2.05, COUNCIL. VACANCIES: Allen Anderson, chair of the sub committee, stated that the sub committee met on May 5. Minutes of that meeting were previously distributed. These minutes included an action plan of twelve steps. During the last week of August, members of this sub committee and Chair Commers met with City Council members and the Mayor to discuss this issue. This coincides with step 4 of the action plan. Since then, the sub committee met again on September 14, 1991, to discuss the findings of those discussions (see sub committee minutes of 9- 14 -91). Tony Kuefler briefly reiterated the summaries of those discussions. He also stated that out of those discussions with the council, the idea of putting together a Preamble for the Charter was raised as well as the idea of mail -in ballots for an election. Motion by Tony Kuefler, seconded by Al Anderson to change the intent of the proposed change to read: A person appointed to fill a vacant Council position cannot serve for more than one year. If the remaining term of the vacant position exceeds one year, Dlus the minimum time required to accomodate the resignation, announce the filings, and allow for the rn imar�y and general elections process tbga the vacancy must be filled by a special election. If more than two people file for a vacant council position in a special election, a primary shall be required. NOTE: Underlined material represents new wording to be put into the intent. All members present were in favor of these changes for Section 2.05. Next, the sub committee moves to Step 6 of the action plan, presenting proposal and plan to the council. Chairperson Commers will take care of this step. At this oint Commissioner p sion Wolfe brought up that sh went through the appointment process the last time there was a council vacancy. the felt the city council violated open meeting laws in the manner in which they held the interviews for 0 V' interested candidates. She also disliked the fact that each candidate has to go through two sets of interviews, and she questioned the voting process.) 'Xul This item is further discussed under new business. I V Introduction of and Discussion b y May Todd Paulson At this time, Chairperson Commers introduced Mayor Todd Paulson to the Charter Commission members. s% Most importantly, Mayor Paulson expressed his appreciation to the members of this commission for their time and efforts. He also stated that if members had questions or concerns, they should contact him. He does hold regular hours at City Hall. -2 of 3 Pages- 9/25/91 x Mayor Paulson expressed his wish to have people in the community become more involved with their city and the many decisions that must be made pertaining to it, both short and long term. He passed out a booklet entitled Citizens and Politics, A View from Main Street America which he thought would be of interest to commission members. This booklet was prepared for the Kettering Foundation by The Harwood Group. NEV BUSINESS The Issue of a P eamhl to the Cha pr: Chairperson Commers asked if there are any volunteers for a sub committee on looking at and preparing some wording for a preamble to the charter for the entire commission to look at by our November meeting. Beverly Wolfe (Chair), Tony Kuefler, Everett Lindh, and Aileen Oslund will serve on this sub committee. The Administrative Assistant will look through the metro charters we have on file at City Hall to see if there are any models from other cities the sub committee could possibly use. If there are any, she will forward this information to the sub committee before they meet. It was also suggested that perhaps we should think about the possibility of a mission statement for the Charter Commission. TheIIsGsue of Mail -in Ballots for E1 c-tions It was decided that the charter commission will discuss this item later on. 0 The Issue of the Al2 ointment Process in Filling Vacancies Commissioner Wolfe again stated that she feels the Charter Commission needs to look at and discuss some guidelines the council should follow in filling vacancies covering such items as the notice of the interviewing process, uniform questioning of candidates, and what exactly is the voting process going to consist of. Chairperson Commers asked Commissioner Wolfe to put down some thoughts /concerns/ suggestions on this topic for our next meeting. He also asked if Commissioner Boyd would also do the.same, as he also was a candidate who went through the last appointment process. NEXT MEETING DATE It was the consensus of the members present to set our next meeting date for Wednesday, October 23, 1991, at 7 p.m. ADJOUR AM Motion by Myrna Kragness, seconded by Everett Lindh to adjourn the meeting at 8:10 P. M. a ctfu e ll submitte J. ers, C.P.S. Administrative Assistant Chair: Edward Commers Secretary: Beverly Wolfe -3 of 3 Pages- 9/25/91 t Fy q oj L, N j Qi t J ua lti,,...I Pi a C, 0, rU f..l N 1'.1 .C:1 •rl CJ Id G r-1 1)) V 4.) nS 0 A. U1.0 J to U U) U) rd L V r Gi U N ..s C) U ca U, P1 p O i -p L, -P 0.1 .0 (3 A, k� 1)1)+ 0 N U rt F, Cl S U) -I O 6. 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(J) 4 a N F1 N C) P K1 F i C7 4� a t1 U) )zl a it v a (a, CI f L. N N U• a 0 o FA ni O i7 aS N A •.•i •r) N ;a: f1, .f., U ,i7 UJ N n O V ,_a Ix, U) V) t�l Ci I i L, ra O V N 11) 4 j U A ra r, a a Fi I w ul F�, L, o to v a U) N F, a, r, 'PI fo a) b .-t tt3 vi 7E C) 3: a) s at C7 C) P-1 41 ra N a; F1 N L, al N (0 w G U 4 9. L' IA Ill L rrS U7 t of F WI LJ L� (b 1 V) a A N It a O �1 CT V .7w ci -:4 rd C) is BROOKLYN CENTER CHARTER COXKISSIOH OCTOBER 23, 1991 MEETING MINUTES 7 P.X. CITY HALL CALL TO ORDER The meeting was called to order by Chairperson Edward Commers at 7:00 P.M. ROLL CALL Members present: Ulyssess Boyd, Ron Christensen, Edward Commers, Donald Gilbert, David Hildebrandt, Mona Hintzman, Myrna Kragness, Eileen Oslund, Dennis Snook, Ted Willard, Beverly Wolfe Members absent and excused: Allen Anderson, Tony Kuefler, Susan Warner Members absent and unexcused: Everett Lindh APPROVAL OF XINUTES Commissioner Christensen asked that a correction be made to the September 25, 1991, minutes, as they were presented. On page 2, about halfway down the page, the paragraph starting "At this point, Commissioner Wolfe brought up..." will be amended by deleting the last two sentences of that paragraph and adding this sentence: "She feels there is a need for improvement in this appointment process and wishes to discuss this item in more depth." Minutes were passed unanimously with this correction. CORRESPONDENCE Chairperson Commers stated that letters were sent to the Brooklyn Center Post and Northwest News regarding tonight's meeting and the sub committee on the preamble. A letter was sent to Commissioner Wolfe from the Administrative Assistant indicating that St. Louis Park was the only city she found that had a preamble to their charter. This was discovered by reviewing all metropolitan charters we have in our reference library. She also enclosed a copy of the U.S. Preamble for the sub committee's consideration. OLD BUSINESS Section 2.Q VACANCIES: Chairperson Commers indicated he contacted all city council members and the Mayor to discuss the Charter Commission's revised intent to this section of the charter. One council member did express his difference to this intent. On October 15, a letter was sent to the City Attorney, Charles LeFevere advising him of the commission's actions to this point, and asking him to incorporate the revised intent to this section of the charter into appropriate wording. This action coincides with step 7 of the action plan. 4"h rt o f Sub-Commi ttaa on Preamble to Charter Chair of this sub committee, Commissioner Bev Wolfe, stated the committee met on October 19. Minutes of this meeting were passed out at tonight's meeting. The committee will meet again_ on November 9 at 10 a.m., and will have some proposed wording and /or ideas for the entire commission to look at for our November meeting. Commissioner Willard reiterated Mayor Paulson's comments in September regarding city involvement, family character, and helping those in need (human orientated). Appointment Process in Filing Council Vacancies Commissioner Wolfe circulated at tonight's meeting her comments regarding this subject matter. She asked that members review the information between now and next month's meeting. Commissioner Boyd also expressed similar concerns to certain items stated in Commissioner's Wolfe's memo dated October 22 on this matter. It was reiterated that the Charter Commission sees a need for suggestions in this area and perhaps the City Council will seek to provide a policy or procedure on this matter. Correction in La test Membership List The Administrative Assistant pointed out that Commissioner Anderson's term was incorrect on the membership list. It should be 2/14/85- to 2/14/93. NEW BUSINESS None NEXT MEETING DATE It was the consensus of the members present to set our next meeting date for Wednesday, November 20, 1991, at 7 p.m. The Administrative Assistant stated that the City Council chambers are in use that night, so we probably will be meeting elsewhere. Please note location of the November meeting when you receive the agenda. ADJOURMET Motion by Myrna Kragness, seconded by David Hildebrandt to adjourn the meeting at 7: 41 P.M. Respectfully submitted, Carole J. lowers, C.P.S. Administrative Assistant Chair: Edward Commers Secretary: Beverly Wolfe -2 of 2 Pages- 10/23/91 r HOLMES GRAVEN CHARTERED Attorneys at Law 470 Pillsbury enter, Minneapolis, Minnesota 55402 JOHN T J. LINDA JR. Y P ROBERT J. LINDALL Rt J ;ERT A. ALSOP (612) 337 -9300 LAURA K. MOLLET RONALD H. BATTY Facsimile (612) 337 -9310 DANIEL R. NELSON STEPHEN J.BUBUL BARBARA L.PORTWOOD ROBERT C. CARLSON JAMES M. STROMMEN CHRISTINE M. CHALE STEVEN M. TALLEN JOHN B. DEAN JAMESJ. THOMSON.JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY WRITER'S DIRECT DIAL BONNIE L. WILKINS CORRINE A. HEINE JAMES S. HOLMES DAVID L. GRAVEN (1929-1991) DAVID J. KENNEDY 337 JOHN R. LARSON OF COUNSEL WELLINGTON H. LAW ROBERT L. DAVIDSON CHARLES L. LEFEVERE JOHN G. HOESCHLER November 15, 1991 Mr. Edward Commers Chairperson Brooklyn Center Charter Commission 6206 Kyle Avenue North Brooklyn Center, MN 55429 Re: Section 2.05; Brooklyn Center Charter Dear Mr. Commers: In your letter of October 15, 1991, you requested that •I prepare a draft amendment to Section 2.05 of the Brooklyn Center City Charter which would prevent a person appointed to fill a vacant council position from serving for more than one year. As you know, the current Charter provides that council vacancies are to be filled by appointment by the remaining council members. The person appointed serves until the next regular election at which time the voters have an opportunity to replace the council's appointment. Basically, under the current Charter, an appointee of the council can serve for no more than two years plus 100 days. As I understand the intent of the Charter Commission as expressed in your letter, you wish to change the Charter so that an appointee of the council may serve for no more than one year plus 100 days. This could be accomplished by amending the, third sentence in Section 2.05 of the Charter as follows: A vacancy in the Council shall be filled temporarily by the Council and then by the voters at the riw* regular- eleeti n a regular or special election to be held on the first Tuesdav after the first Mondav of November which follows the occurrence of the vacancy 33 -a'^^^ +h"'+ elegin provided, however, that if such date occurs within one hundred (100) days from the occurrence of the vacancy, this period being necessary to allow time for candidates to file, the election shall be held on the first Tuesdav after the first Mondav of the following November. Under the current Charter, the two -year limitation arises because of the fact there is a general municipal election every two years. The language quoted above would provide for an election in November during odd years as. well as the general municipal election in even years, if an odd year election is required to fill a vacancy. CLL24409 BR291 -7 a v Mr. Edward Commers November 15, 1991 Page 2 It seems to me that there are two other alternatives to the language quoted above which may still be consistent with the intent as expressed in your letter. The first, would be to allow the city council to call an earlier special election if they wish to do so. For example, if 'a vacancy occurred on January 15th of 1993, the language quoted above would mean that an election for that vacancy would be held in November of 1993. However, a Charter amendment could be drafted which would allow the City Council, if it wished to do so, to call an earlier election. For example, the Council could be allowed to call such an election as early as 100 days from the occurrence of the vacancy. In the example above, in which a vacancy occurs on January 15th of 1993, such an amendment would allow the City Council to call an election as early as 100 days from January 15th. The advantage of such an amendment would be to give the council more flexibility in calling,an election. The disadvantage would be that the election could be held outside of the November season, which is traditionally thought of as election time. The second alternative would be to allow the City Council to set any date within one year of the occurrence of the vacancy even if there were a November date during that year. For example, if a vacancy` occurs on June 15th of 1994, such an amendment would allow the city council to set an election for June 15th of 1995, even though there was an intervening general municipal election. Again, the advantage i of such an amendment would be that the City Council would be given even more flexibility. The disadvantage is that the election would be held outside of the traditional election date. The language quoted above is, in that sense, a middle ground which preserves the intent of the current charter position to the extent that the regular municipal election date is preserved (thereby increasing voter turnout and decreasing expenses) as much as possible since approximately half of the elections to fill a vacancy would be held on the general election date. In order to prevent any council appointment from serving for more than one year, however, it would be necessary to have special elections at some time. The language quoted above would assure that such a special election would be held on a traditional election date. Please feel free to give me a call if you have any questions or comments. Very truly yours, Charles L. LeFevere CLL rsr CLL24409 BR291 -7 BROOKLYN CENTER CHARTER COMMISSION NOVEMBER 20, 1991 XEETING XINIITES 7 P.X. COMIMITY CENTER CALL TO ORDER The meeting was called to order by Chairperson Edward Commers at 7:05 P.M. ROLL CALL Members present: Allen Anderson, Ulyssess Boyd, Edward Commers, Donald Gilbert, Mona Hintzman, Myrna Kragness, Everett Lindh, Eileen Oslund, Dennis Snook, Beverly Wolfe Members absent and excused: Ron Christensen, David Hildebrandt, Tony Kuefler, Ted Willard, Susan Warner Members absent and unexcused: None APPROVAL OF NIFUTES Motion by Dennis Snook, seconded by Allen Anderson to approve the minutes of October 23, 1991, as presented. Passed unanimously. CORRESPONDENCE Chairperson Commers stated that letters were sent to the Brooklyn Center Post and Northwest News regarding tonight's meeting and the sub committee that was held on November 9. A letter was sent to Geralyn Barone at City Hall to include a small news item for the December city newsletter. The news item contained a statement that we are presently working on a preamble, and are nearing the end of our work on Section 2.05, Council Vacancies. A letter was sent to Diane Lerbs per her request along with membership list, various minutes, and a copy of the city charter. OLD BUSINESS Section 2.05, COUNCIL VACANCIES: Chairperson Commers restated that on October 15, a letter was sent to the City Attorney, Charles LeFevere advising him of the commission's actions to this point, and asking him to incorporate the revised intent to this section of the charter into appropriate wording. This action coincides with step 7 of the action plan. As nothing had been received as of the mailing out of agendas for tonight's meeting, Chairperson Commers contacted the city attorney. The city attorney's response is indicated in a 2 page letter dated November 15 and was passed out at tonight's meeting for members present. Section 2 .05. C OUNCIL VACANCTRS CONTINUED Motion by Everett Lindh, seconded by Dennis Snook to table discussion of the city attorney's letter until our next meeting. Motion passed unanimously. Report of Sub- committee on Preamb to Charter Chair of this sub committee, Commissioner Bev Wolfe, stated the committee met on November 9. Members should have received copies of that meeting in tonight's agenda packet. Bev expressed the idea of putting the sub committee's draft proposed wording of a preamble into the city newsletter as an insert, and asked for the Charter Commission's approval on that idea. That idea was unanimously approved by members present, with the suggestion that an area be left for citizen input, so people can either mail in or drop off their comments. The Administrative Assistant will work with Bev on the insert for the newsletter. Chairperson Commers stated that Mayor Paulson has held a public meeting regarding a similar statement, but it was more like a mission statement. Copies of a letter from Commissioner Willard (absent tonight) were distributed this evening with his thoughts on the preamble. These thoughts as well as any feedback from citizens will be considered by the sub committee at their next meeting, which will probably be in January. Appointment Process in Filling Council Vacancies In light of Commissioner Wolfe's memo dated October 22 regarding this subject matter, she reiterated the fact that we should suggest the city council would adopt such a policy. Chairperson Commers stated that he felt a sub committee should be appointed on this matter. Dennis Snook (Chair), Bev Wolfe, Don Gilbert, Myrna Kragness, and Ulyssess Boyd will serve on this sub- committe on the appointment process in filling council vacancies. NEW BUSINESS Appointment of Nominating Committee: Chairperson Commers asked Mona Hintzman (Chair), Tony Kuefler, Ulysses Boyd, and Dennis Snook to serve on the nominating commitee. Their charge is to provide names for chairperson, vice chairperson, and secretary for 1992 to be voted upon at the annual meeting in January. NEXT FLEET I HG DATE It was the consensus of the members present to set our next meeting date for Wednesday, January 22, 1992, at 7 p.m. -2 of 3 Pages 11 -20 -91 ADJOURINEAT Motion by Mona Hintzman, seconded by Myrna Kra ness to adjourn the meeting at 7:45 P. M. g S Respectfully submitted, y Carole J. Blower's, C.P.S. Administrative Assistant Chair: Edward Commers Secretary: Beverly Wolfe -2 of 3 Pages- 11/20/91 ce µt S t January 1S, 1992 Mr. Edward Go mmer Chairman airman Brooklyn Center Charter Commission c/o City of Brooklyn Center 6301 Chingle;Creek Parkway Brooklyn Center, MN 55430 Dear Ed, I have,reviewed the agenda and attached information for the Charter Commission meeting of January 22, 1992. Since I will be leaving town again prior to the meeting, I respectfully request that I be excused from the meeting. Enclosed are my comments with respect to the amendments to Section 2.05 of the charter in light of the remarks from the attorney. I would be grateful if you would copy these to the commission members. Thank you for your assistance. Sincerely, 3t Ted L. Willard r 6825 Drew Avenue North Brooklyn Center, MN 55429 wk r MEMORANDUM TO: Brooklyn Center City Charter Commission FROM: Ted Wi11 a r d DATE: January 18, 1992 SUBJECT: Proposed Amendments to Charter Section 2.05 Inasmuch as I will be out of town during the Charter Commission meeting of January 22, 1992, I have taken the liberty of offering my comments to the Commission members via memorandum. I apologize f or this "tacky" approach, but it's the best I can 'do under the circumstances. After reviewing attorney Charles LeFevere's- letter of November 15, 1991 regarding the proposed amendment to Section 2.05, I would like to express the following: I am still of the firm belief that a maximum period of service for an appointed council member of two years and 100 days is reasonable, especially_ since rarely would this long a period occur. I am also of the opinion that the appointment process can be further enhanced by requiring unanimous agreement of the council, a nd that lacking such agreement, a special election could he required along the lines indicated by Mr. LeFevere in his first :option, that of permitting an earlier special election if the council so chose. z' The concept that requiring a unanimous agreement to a council appointment would provide protection against an injudicious political appointment was objected to reviousl at a y in commission P pp p discussion. The basis of the objection was that council members tended to agree with the inevitable since there was no alternative. The option of an early special- election would permit a dissenting council member the opportunity to throw the +�T; decision to a special election. The flexibility for that lea e lection to be called early on would negate the argument that waiting many months for an election would disrupt important council business because of having to operate with a four- member L body. I would' therefore urge the commission to seriously consider the t. option of retaining the present appointment period but modifying the language to require unanimous appointment and permitting the l option of an early _special election. sg BROOKLYN CENTER CHARTER COMMISSION ANNUAL MEETING MINUTES JANUARY 22, 1992 7 P.M. CITY COUNCIL CHAMBERS CALL TO ORDER: The meeting was called to order by Ed Commers, Chair, at 7 :04 P.M. ROLL CALL: Members present: Al Anderson, Ulyssess Boyd, Edward Commers, Ron Christensen, Donald Gilbert, David hildebrandt, Mona Hintzman, Myrna Kragness, Tony Kuefler, Eileen Oslund, Dennis Snook, Susan Warner, Beverly Wolfe. Members absent and excused: Everett Lindh Members absent and unexcused: Ted Willard APPROVAL OF LAST MEETING'S MINUTES: Motion by Mona Hintzman, seconded by Ulysses Boyd, to approve the minutes of November 20, 1991, as submitted. Motion passed unanimously. APPROVAL OF ANNUAL REPORT: Motion by Tony Kuefler, seconded by Eileen Oslund, to approve the Annual Report as submitted by Chair Ed Commers. Motion passed unanimously. APPROVAL OF AUDIT REPORT: Motion by Myrna Kragness, seconded by Al Anderson, to approve the audit report as prepared by Paul Holmlund, Director of Finance. Motion passed unanimously. It was noted that expenditures came in at $485.17 less than our 1991 appropriation of $1,500. NOMINATING COMMITTEE REPORT: Members of this committee, Tony Kuefler, Ulyssess Boyd, Dennis Snook, and Mona Hintzman (Chair) met by phone and have agreed upon the following names for the respective positions for 1992 as stated: For Chairperson Al Anderson For Vice Chairperson Beverly Wolfe For Secretary Eileen Oslund ELECTION OF OFFICERS: Chairperson Commers asked 3 times if there were any other nominations for Chairperson besides Al Anderson as nominated by the Nominating Committee. Being none, motion was made by Mona Hintzman, seconded by Tony Kuefler to move a white ballot be,casted for Al Anderson; motion passed unanimously. Chairperson Commers asked 3 times if there were any other nominations for Vice Chairperson besides Beverly Wolfe as nominated by the Nominating Committee. Being none, motion was made by Mona Hintzman, seconded by Dennis Snook, to move a white ballot be casted, for Beverly Wolfe; motion passed unanimously. Chairperson Commers asked 3 times if there were any other nominations for Secretary besides Eileen Oslund as nominated by the Nominating Committee. Being none, motion was made by Mona Hintzman, seconded by Ulysses Boyd, to move a white ballot be casted for Eileen Oslund; motion passed unanimously. At this time, Chairperson Commers took a moment to thank Mona Hintzman for her past eight years of service on the Charter Commission, as this is her last meeting before her term expires. At this time, Chairperson Commers turned the meeting over to newly elected Chairperson Anderson. APPOINTMENTS: Chairperson Anderson asked for volunteers for Audit Chair. Mona Hintzman previously held this position for 1991. Myrna Kragness volunteered. Chairperson Anderson asked for volunteers for Public Relations Chair. It was decided to ask Ted Willard to again serve in this position, as he was absent tonight, and if he wishes not to serve in this position, someone else will be appointed. Chairperson Anderson asked for volunteers for Rules /Parliamentarian Chair. Ron Christensen was asked if he wished to continue this position again from last year, and he agreed. SALARY FOR ADXINISTRATIVE ASSISTANT: Motion made by Mona Hintzman, seconded by Ed Commers to give the Adminis- trative Assistant a 4% raise, which would raise her salary from $15.06 /hour to $15.66 /hour. Motion passed unanimously. CORRESPONDENCE: Letters were sent to NorthWest News and the Sunpost regarding tonight's meeting, as well as a notice of our upcoming vacancy on the commission and the availability of minutes and agendas. A notice was also sent to City Hall for the February delivered City Newsletter regarding the upcoming vacancy and the availability of minutes. OLD BUSINESS: *Se ction 2.09. f auncil VdCanr.ias Chairperson Anderson asked if the commission wished to address the letter of November 15, 1991, from the City Attorney regarding Section 2.05 of the charter. Commissioner Christensen stated that he saw no mention of a primary, in this letter and expressed concern over this overlook. 2 of 4 pages 1 -22 -92 Motion by Ron Christensen, seconded by Ed Commers to send this item back to the sub committee on Council Vacancies for further clarification of the city attorney's letter and-the addition of a primary election in the language. Motion passed unanimously. Chairperson Anderson stated that we need a new member on this sub- committee now that he is Chairperson of the Charter Commission. Ed Commers volunteered to take his place on the sub committee. Commissioner Commers, Hildebrandt, and Kuefler will set up a meeting before the next regular meeting. *ab- Cn on Preamble to tr Cjty C harter: Some commissioners expressed concern over the insert that appeared in the last City Newsletter and felt because the insert was back to back with another item, many people may have not seen it. The Administrative Assistant stated that we received one written comment back from a city resident which was positive in nature. She has also received a phone call from a city resident which was negative in nature. This information will be passed on to Beverly Volfe, Chair of this sub committee. The consensus of the commission was that we should put the proposed pre- amble in the City Newsletter at least two more times. The Administrative Assistant stated that the deadline for the February City Newsletter was today, but she would check and see if it could still be put in, checking with City Hall the first thing on 1- 23 -92. Commissioners would prefer that it be in the regular print of the February Newsletter; however, if not possible, another insert would be acceptable. It should also be put in regular print in the next City Newsletter, anticipated delivery in April. BEY BUSINESS: *E;ub- Cn mmittee on Appointment Process: Dennis Snook, Chair of this sub committee, stated that after tonight's meeting, his committee will set an upcoming meeting date /time. Commissioner Christensen asked how this sub committee's work will fit in with the sub committee on Council Vacancies. It was stated that for those instances where someone will need to be appointed rather than run in an election, an appointment process procedure needs to be in place. This is what this sub- committee will work on. Status of Commission Memhership Mona Hintzman's term expires on February 13, 1992, and she cannot reapply as she has served two consecutive four year terms starting in 1984. Ed Commers term expires on September 18, 1992. He cannot be reappointed as he has served two consecutive four year terms starting in 1984. 3 of 4 pages 1 -22 -92 The Administrative Assistant will review Tony Kuefler's appointment letter for exact information on whether or not he can apply for reappointment or not on September 18, 1992. Dennis Snook's term expires on December 1, 1992, and he can reapply. Myrna Kragness' term expires on December 1, 1992, and she can reapply. Ed Commers suggested that we advertise for his vacancy and Tony's at the same time, preferably in August, if Tony cannot reapply. Othe r Bi) siness Ed Commers also donated a booklet on Brooklyn Center's Housing Market dated May of 1989 to the commission's library. NEXT 14EETIIKG DATE: The next Charter Commission meeting will be on Wednesday, February 26, 1992, at 7 p.m. ADJOURMIT: Motion by Ed Commers, seconded by David Hildebrandt to adjourn the meeting at 7 :46 p.m. Motion passed unanimously. Res tfullly submitted, Carole J. Blowers, C.P.S. Administrative Assistant Chairman: Allen Anderson Secretary: Eileen Oslund 4 of 4 pages 1 -22 -92 BROOKLYN CENTER CHARTER COMMISSION SUB COMMITTEE COUNCIL VACANCIES SATURDAY, FEBRUARY 1, 1992 9 a.m. CONFERENCE ROOM A Present: Edward Commers (Chair), David Hildebrandt, Eileen Oslund Absent: Tony Kuefler The meeting began at 9:17 a.m. Members reviewed the comments in Charles L. Lerevere's (City Attorney) letter dated November 15, 1991, to which he was replying to our October 15th letter. After considerable discussion, it was decided that the commissioners agreed on the following amended wording of the third sentence in Section 2.05 of the City Charter as follows: A vacancy in the Council shall be filled temporarily by the Council and then by the voters at a regular or s=cial election tn he 'n ,eld on the fir 'juesd after the first Monday of November which follo t he o crn; Mren ce of th v acaacv ;;i tens tha zlec'eg provided. lowever. teat i= s uch date occurs within one hundred (100) days from the t r occurrence of the vacancy, this period being necessary to allow time for i� candidates to file the election shall be held on the first Tuesda after t filc;t V .ond av of the following November If mar tip twc people file LQT a va can t c ouncil position in a special election a primary shall be rewi red. In essense, this paragraph was taken from page one of Mr. LeFevere's November 15th letter, and the sub committee added the last sentence regarding a primary, as it was omitted in the city attorney's suggestions. The sub commission decided to present the above wording to the full Charter Commission on iednesday, February 26, 1992, at 7 p.m. If the full commission agrees with this wording, it will then be referred back to the City Attorney. The meeting concluded at 9:45 a.m. Res tfully submitted, Carole J. owers, C.P.S. Administrative Assistant BROOKLYN CENTER CHARTER COXXISSION FEBRUARY 26, 1992 MEETING XI MUTES 7 P.m.* C BARN, HERITAGE CENTER CALL TO ORDER The meeting was called to order by Chairperson Allen Anderson at 7:08 P.M. ROLL CALL Members present: Allen Anderson, Ulyssess Boyd, Ron Christensen, Edward Commers, Donald Gilbert, Myrna Kragness, Eileen Oslund, Dennis Snook, Sue Warner Members absent and excused: David Hildebrandt, Tony Kuefler, Everett Lindh, Beverly Wolfe Members absent and unexcused: Ted Willard NOTE: One vacancy at this time. APPROVAL OF XINUTES Motion by Edward Commers, seconded by Myrna Kragness to approve the annual meeting minutes of January 22, 1992, with minor capitalization corrections. Motion passed unanimously. CORRESPONDENCE Chairperson Anderson stated that numerous letters were sent since our last meeting as per tonight's agenda. OLD BUSINESS *Section 2.05. C OUNCIL VACANCIES: Chair of this sub committee, Edward Commers stated that on February 1, 1992, the sub committee met on this issue. Minutes were mailed to all members. The final recommendation on wording from this committee is stated in these 2 -1 -92 minutes. After discussion by members, motion was made by Edward Commers, seconded by Don Gilbert that the revised wording for Section 2.05 as presented in the sub committee minutes of 2 -1 -92 be accepted and sent to the City Council for approval. Motion was passed unanimously: 8 yes, 0 no, 6 absent (Commissioner Warner had not yet arrived at meeting), and 1 vacancy. Chairperson Anderson instructed the Administrative Assistant to forward this information on to the City Council for their approval. Annointment Process in Filling Council Vacancies Chair Dennis Snook of this sub committee stated that the draft letter dated February 4, 1992, sent to all commission members was prepared per their February 4, 1992, meeting. There was discussion that the last sentence of item #2 should be deleted. Discussion was also held an the actual voting process used, including the actual ballots and how cast. After discussion, members felt that a separate item should be added to the draft letter to include the fallowing: The City Council should develop a formalized voting process in the selection of a candidate with a written ballot monitored by an election ,fudge appointed by the Mayor, with the final tally made public. Motion by Ran Christensen, seconded by Edward Commers to send this item back to the sub committee to add the aforementioned item to the letter. Dennis Snook will contact members of his sub committee to meet before our next regular commission meeting. Commission members expressed the excellent and thorough work done by members of this sub committee in preparing this draft letter. Report of Sigh- Committee on Prcamhl to Charter Chair Bev Wolfe of this sub committee was absent tonight. At tonight's meeting, Commissioner Ulyssess Boyd submitted a written suggestion regarding some possible changes to our proposed preamble wording. The Adminis- trative Assistant stated she received via City Hall a written comment from a citizen which was negative in nature, and she forwarded this letter to Bev Wolfe. The preamble will be published in the city newsletter one more time (probably in April) per the wishes of the commission. All feedback from citizens as well as Commissioner Boyd's comments should be considered by the sub committee at their next meeting, which will probably be after April. NEW BUSINESS *wry V olunteer Nominations Chairperson Anderson stated all members should have received this information in their agenda packets. People can be nominated by an individual citizen or can be nominated by an entire group, such as the Charter Commission. Chairperson Anderson urged members to nominate people, and to be sure to do so by March 13. The Administrative Assistant stated that on Monday, March 9, 1992, farmer commissioner Hintzman will be presented with her recognition plaque. Members were encouraged to attend the meeting if they so desired. 2 of 3 pages 2 -26 -92 Statu� of O mi��inn Vacant Position: The Administrative Assistant stated that she has checked with Judge Levy's office today, and they plan to make an appointment soon. We had two people apply for membership by today's date. The vacancy was published in two local newspapers and the February City Newsletter. atus of nmmission r Kueflar Term: Chairperson Anderson stated that Tony Kuefler can serve another four year term, and members should make that correction on their membership roster list. NEXT REETING DATE It was the consensus of the members present to set our next meeting date for Wednesday, March 25, 1992, at 7 p.m., location to be announced. ADJOURMIT Motion by Ed Commers, seconded by Dennis Snook to adjourn the meeting at 8:10 P.M. Respectfully submitted, t Carole J. Blow' s, C.P.S. Administrative Assistant Chair: Allen Anderson Secretary: Eileen Oslund -3 of 3 Pages 2 -26 -92 M E M O R A N D U M TO: ALL CHARTER COMMISSION MEMBERS Ulysses Boyd Ron Christensen Edward Commers Donald Gilbert David Hildebrandt Myrna Kragness Tony Kuefier Everett Lindh Eileeen Oslund Dennis Snook Susan Warner Ted Willard Beverly Wolfe I V 4 FROM: Allen Anderson, Chairperson Brooklyn Center Charter Commission DATE: March 5, 1992 RE: Section 2.05, Vacancies in the Council, Ordinance Format As per our meeting on February 26, 1992, the ordinance format for Section 2.05, Vacancies in the Council, has been prepared to present to the City Council. Because of the fact that the amendments to this section have been under consideration for a very long time period, I am sending you a copy of the entire Section 2.05 in its final ordinance format for your prompt review and consideration. As this will be presented and acted upon by the City Council on March 23, 1992, please contact me if you have any questions on the proposed wording Do later t han MARCH 16th You may contact me by phone (560 -1727 at home) or contact me at 5351 Humboldt Avenue North, Brooklyn Center, MN 55430 n4 later than MARCH 16tt. That way, if further changes are needed, Carole will have time to meet City all de or it Council meeting. deadlines f the City y g Thank you for your attention to this matter. Attachments CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter. Auxillary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 2.05 of the Brooklyn Center City Charter is hereby amended as follows: Section 2.05 VACANCIES IN THE 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.] When, for any- reason a vanaacy s hould oc cur in t t Co uncil or offi Qf Ma ar tba QJty C ouncil m ust nublicaily declare such vaca Dcv w ithin ten days o f its occurrence. The Mayor or Council member shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, [or] (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council[.] o r (5) d eparture of resider from th e City. [A vacancy in the Council shall be filled temporarily by the Council and then by the voters for the remainder of the term at the next regular election unless that election occurs within one hundred (100) days from the occurrence of the vacancy, this period being necessary to allow time for candidates to file. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty 30) days, the election authorities shall cal a special election to Y 1 Y p fill 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).1 Section 2.05A PROCEDURE TO FILL. COTTNCTT. VASANCTFS -FS The Council by a majority vo of all its remaining memb rs ahall appoint a qualified person to fill th v acan qy until- the person elected to s rite the remainder of the unexpired term ta.kas office. If the Council fails to fill a vacancy within thirty (30) days. the City Clerk shall call an election to fill the ORD NO. vacancv. The e lection will be held n s ooner than one hundre (100) d and no l ater t han one hundr a nd thir (130) da ys following the occurren of the vaca=v and to be ot herwise gnve by t provisions of Section 4.03 Spa cial El ect ions, A vacancy tp the Cnu l shall be filled t _mporari 1 v_ b th e Cour_ l aZ�j then by th vo±grs at a r Zu -Tar o r special election to be held on the fir Tuesda.v after the first XQRdav of November which foll the occurrence of $_be vacancy: prov h owever. that i siich dat occurs wit one hundred (100) q ys frn the a ccu rreri ce of-- vaca_ncv. t his period be necessary to allow t tme for ca ndidat es to file the elect shall be h eld on the first Tue sday a fter the fi rst MrMdav n t he f,_gJlow n& Novembe If more than two e f r a vaca pEODI lle fofo Dt co uncil position in a s pecial ei a prima s hall be requi The quorum of the Council cnnsists of three member U at a4v tea the membershi of the C ouncil is reduced to less than three (3). the remaining me mbers sal by t heir unanimou act ion appoin ad ditional membe to wise t he membershi to a minimum of t fre (3). Co nsideration j3 to be give to fnrTqe_r cou members. mayor o prese a c� comm;ssi Al ap oir membe sal serve u ntil a s pecial election Qr a regu election is held Section 2. This ordinance shall become effective after publication and ninety (90) days following its adoption. Adotped this day of 199__. Mayor, Todd Paulson ATTEST: Deputy Clerk Date of Publication: Effective Date: Underline indicates new matter, brackets indicate matter to be deleted. TO: Todd Paulson, Mayor Phil Cohen, Councilmember Jerry Pedlar, Councilmember David Rosene, Councilmember Celia Scott, Councilmember FROM: Allen Anderson, Chairperson Brooklyn Center Charter Commission DATE: March 18, 1992 RE: Proposed Changes to Section 2.05 of the City Charter This memo is to advise you that the Charter Commission on February 26, 1992, unanimously approved wording changes to Section 2.05, Vacancies in the Council, of the City Charter. Proposed wording for this section is enclosed. In summary, the reasons for the proposed changes are to provide for more specific directions as to how a council vacancy would be filled. The Commission felt modifications were needed in light of the fact that council member and mayor terms are now four years. Therefore, it is proposed that in the case of a vacated term of office being less than 365 days, the City Council will appoint. In the case of a vacated term of office being 365 days or more, an election shall be held. The wording regarding the timing of the election has also been modified to allow sufficient filing time. Pursuant to Minnesota Statutes 410.12 Subdivision 7, the Brooklyn Center Charter Commission recommends the adoption, by ordinance, of the attached proposed amendments to the Brooklyn Center City Charter. This item has been placed on the City Council agenda for March 23, 1992. cb Encls. cc: Charlie LeFevere, City Attorney r CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter. Auxillary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 nF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 2.05 of the Brooklyn Center City Charter is hereby amended as follows: Section 2.05 VACANCIES IN THE 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.] When. for any reason a va cancy should o ccur in the i tv Council or office of Mayor tba Q C ouncil must pUblically decl&r s uch vacan within ten days of its occurrence. The Mayor or Council member shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, [or] (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council[.],__aF (5 departure of residence from the City, [A vacancy in the Council shall be filled temporarily by the Council and then by the voters for the remainder of the term at the next regular election unless that election occurs within one hundred (100) days from the occurrence of the vacancy, this period being necessary to allow time for candidates to file. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30) days, the election authorities shall call a special election to fill 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).1 Section 2.05A PROCEDURE TO FILL COUNCIL VACANCIES. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacan u ntil the person elected to ser the remainder of the unexlired term takes office If the Council fails to fill a vacancy within thirty _(30) day5, the City Clerk shall call an election to fill the ORDINANCE NO. vacancv. The election wiil b hetr1 nn so oner than one hundred (1 00) c1A,ya and no l at and thirtv (1 0) days following the occurren of tr? va=CV ,a nd to be otherwise g overned by the provisions of Section 4.03, p -4-1 Elections. A vac ancy in th Co uncil shall be fill te mporarily by th C ouncil and then by the votes, at a regular or speci election to be held on the first Tuesdav a fter the fi rst Monday of November which follo t he occurrence o f the vaca_n_cv: Drwided, howPV�r. that if date o .cu s withi one hundred (100) days from the occurrence of the vacancv. this period being necessary to allow time for candi t o fil th election shall be held on the LT'st TttPadav after the first Monday of the following November. T.f more than two people file for a vacant crntnc 1 position in a special election. a Arima. s hall b r 4ui rani The he O me-i1 COn sts of three (3) members. Tf at aay tip the membership of th e ('.ounCil is reduced to less than three (3), tbaa remaining era shall by their unanimous action appoint additional members to raise t m mb r hi p to a mi nimum Of thr ee (3). Consideration is to be siven_to former council m mb rs. may ors, or present and past ci_ti Commissioners. All a pinted memherc cha11 s ^"^ve pp t -until a s pecial el ectiQg or a regular election Is held Section 2. This ordinance shall become effective after publication and ninety (90) days following its adoption. Adotped this day of 199, Hayor, Todd Paulson ATTEST: Deputy Clerk Date of Publication: Effective Date: Underline indicates new matter, brackets indicate matter to be deleted. ORDINANCES AN ORDINANCE AMENDING SECTION 2.05 OF THE BROOKLYN CENTER CITY CHARTER REGARDING COUNCIL VACANCIES The City Manager presented An Ordinance Amending Section 2.05 of the Brooklyn Center City Charter Regarding Council Vacancies which was offered for first reading. He noted this amendment was recommended by the Charter Commission. Mayor Paulson stated he attended several Charter Commission meetings where the issue of filling Council vacancies received a lot of attention. Also, Charter Commission members met individually with Councilmembers to gain their input. Mayor Paulson stated he felt the proposed ordinance addresses the issues and moves in the right direction by shortening the term for appointed positions. He added he would prefer an even shorter term. Councilmember Rosene complimented the Charter Commission for their work in addressing concern s. He then suggested several minor wording changes to clarify the intent of the ordinance. Councilmember Cohen stated he had indicated to the Charter Commission that he would oppose the proposed Ordinance. He pointed PP o to out that the election P P p ect on schedule was first changed on the basis that holding elections every year was a waste of money and resulted in a low voter turnout; however, the ordinance contains no statement regarding the cost of special elections. Due to the high cost of holding special elections, Councilmember Cohen suggested this matter be referred to the Financial Task Force for their recommendation. The City Manager estimated the cost for a special election could be from $5,000 to $8,000 depending on staffing needs. Councilmember Cohen stated he opposed the proposed ordinance and felt it should be voted on by the residents of Brooklyn Center. Councilmember Pedlar, liaison to the Financial Task Force, felt it would be difficult and inappropriate to burden them with this type of consideration. Councilmember Cohen withdrew the suggestion. Councilmember dl pointed e er Pe ar o to out the ordin ance was onl gg P Y addressing appointment of a councilmember in an off year election, which would probably n happen appen very often. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve firs reading eadin of An Ordinance Amending Section 2.05 f h PP g g Sect o o the Brooklyn Center City Charter Regarding Council Vacancies. With regard to the last paragraph of Section 1, Mayor Paulson stated he does not feel "special consideration" should be given to former councilmembers beyond an examination of their qualifications. Councilmember Rosene pointed out this only applies when the membership of the Council was fewer than three members. In that case, the Council may want to consider someone who was familiar with all aspects of City government. Councilmember Rosene indicated he shared Councilmember Cohen's concern regarding the 3/23/92 -12- high cost to hold a special election and small voter turnout. Councilmember Scott concurred. The City _Attorney reviewed this section of the ordinance as well as Section 3.01. Ron Christensen, Charter Commission, explained they wanted to limit the appointment time to one year and agreed there may be some areas that require clarification. He reported the Charter Commission was concerned about whether the voters should make this decision or not but members spoke with Councilmembers and felt the agreed with the proposed P Y g P P amendment. Mr. Christensen stated he was aware that Councilmember Cohen did object and wanted it to go to the voters. Councilmember Pedlar suggested the matter be tabled so the ordinance could be referred to the Charter Commission for further clarification. Mr. Christensen agreed this would be appropriate and suggested the Council submit comments so they have a full understanding of where the Council stands. Councilmember Pedlar withdrew his motion and Councilmember Scott agreed to withdraw the second to the motion. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to table consideration of this item and refer it to the Charter Commission for clarification and to make recommendations on concerns addressed tonight. The City Manager estimated there was 13,000 to 15,000 registered voters and the last election had an 86% voter turnout. Councilmember Cohen stated this would be around 10,000 voters. He indicated he would submit a memorandum to the Charter Commission outlining his position. Councilmember Cohen stated he felt work of the Charter Commission was very important. He added an overwhelming majority of voters indicated they wanted to eliminate each year elections, and he felt that also included special elections. The City Attorney indicated he would research and provide Council with information on the procedure for referrin g the matter to the electorate. The motion to table passed unanimously. Councilmember Rosene stated he appreciated the time spent by the Charter Commission and their extra effort in talking to each of the Councilmembers. AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN CENTAUR ADDITION The City Manager presented An Ordinance Vacating Drainage and Utility Easement in Centaur Addition. This ordinance was first read on February 24, 1992, published in the City's official newspaper on March 4, 1992, and was offered tonight for second reading. 3/23/92 13- CITY 6301 SHINGLE CREEK PARKWAY OF B:FROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE FIRE 911 March 27, 1992 Councilmember David Rosene 7113 Fremont Avenue N. Brooklyn Center, MN 55430 Dear Councilmember Rosene: It is our understanding hat at the Ci Council meeting of March 23 1992 g Y g the ordinance change suggested by the Charter Commission regarding Section 2.05 of the City Charter was tabled. At our Charter Commission meeting of March 25, 1992, I have been directed by unanimous motion to request your written comments on our proposed wording changes for this section. We would appreciate these written comments by April 15, 1992. The written comments may be sent to me at 5351 Humboldt Avenue North, Brooklyn Center, MN 55430. Thank you for your assistance on this request. Sincerely, Allen Anderson Chairperson BROOKLYN CENTER CHARTER COMMISSION cb My 1966 LL1-6MFRIG QfY F c CITY 6301 SHINGLE CREEK PARKWAY E3 OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY POLICE FIRE 911 March 27, 1992 Councilmember Jerry Pedlar 5330 62nd Avenue N. Brooklyn Center, MN 55429 Dear Councilmember Pedlar: It is our understanding that at the City Council meeting of March 23, 1992, the ordinance change suggested by the Charter Commission regarding Section 2.05 of the City Charter was tabled. At our Charter Commission meeting of March 25, 1992, I have been directed by unanimous motion to request your written comments on our proposed wording changes for this section. We would appreciate these written comments by April 15, 1992. The written comments may be sent to me at 5351 Humboldt Avenue North, Brooklyn Center, MN 55430. Thank you for your assistance on this request. Sincerely, J Allen Anderson Chairperson BROOKLYN CENTER CHARTER COMMISSION cb li i CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE FIRE 911 March 27, 1992 Councilmember Celia Scott 5509 Lyndale Avenue N. Brooklyn Center, MN 55430 Dear Councilmember Scott: It is our understanding that at the City Council meeting of March 23, 1992, the ordinance change suggested by the Charter Commission regarding Section 2.05 of the City Charter was tabled. At our Charter Commission meeting of March 25, 1992, I have been directed by unanimous motion to request your written comments on our proposed wording changes for this section. We would appreciate these written comments by April 15, 1992. The written comments may be sent to me at 5351 Humboldt Avenue North, Brooklyn Center, MN 55430. Thank you for your assistance on this request. Sincerely, r Allen Anderson Chairperson BROOKLYN CENTER CHARTER COMMISSION cb I CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY POLICE FIRE 911 March 27, 1992 Mayor Todd Paulson 3216 Poe Road Brooklyn Center, MN 55429 Dear Mayor Paulson: It is our understanding that at the City Council meeting of March 23, 1992, the ordinance change suggested by the Charter Commission regarding Section 2.05 of the City Charter was tabled. At our Charter Commission meeting of March 25, 1992, I have been directed by unanimous motion to request your written comments on our proposed wording changes for this section. We would appreciate these written comments by April 15, 1992. The written comments may be sent to me at 5351 Humboldt Avenue North, Brooklyn Center, MN 55430. Thank you for your assistance on this request. Sincerely, i 1 Allen Anderson Chairperson BROOKLYN CENTER CHARTER COMMISSION cb E CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE FIRE 911 March 27, 1992 Councilmember Phil Cohen 5501 Humboldt Avenue Brooklyn Center, MN 55430 Dear Councilmember Cohen: It is our understanding that at the City Council meeting of March 23, 1992, the ordinance change suggested by the Charter Commission regarding Section 2.05 of the City Charter was tabled. At our Charter Commission meeting of March 25, 1992, I have been directed by unanimous motion to request your written comments on our proposed wording changes for this section. We would appreciate these written comments by April 15, 1992. The written comments may be sent to me at 5351 Humboldt Avenue North, Brooklyn Center, MN 55430. Thank you for your assistance on this request. Sincerely, Allen Anderson Chairperson BROOKLYN CENTER CHARTER COMMISSION cb 0 CEO= I HOLMES GRAVEN APR 1 0 1992 CHARTERED Attorneys at Law JOHN M. LEFEVRE.JR. 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LtVDALI. ERT A. ALSOP (612) 337 9300 LAURA K. NJ WLET ONIZALD H. BATTY DANIEL R. NELSON Sl'ka'HFN J. BIBGI. Facsimile (612) 337 9310 BARBARA L. PORTWOOD ROBERT C. CARL SON JAMES NI. STROMMEN JOHN B. DEAN STEVEN M. TALLEN MARY C. DOBBINS JAMES J. THOMSON, JR. STEFANIE N. GALE LARRY M. WERTHEIM CORRINE A. HEINE WRITER'S DIRECT DIAL BONNIE L. WILKINS JAMES S. HOLMF.S GARY P. WINTER D AVID 0"N R SON R CAARSON 337-9215 DAV I D L. G R AVEN(1929 -1991) JOHN R WELLINGTON H. LAW OF Cot'NSEL CHARLES L. LEFEVERE ROBERT L. DAN'IDSON April 9, 1992 Mr. Allen Anderson Chairperson Brooklyn Center Charter Commission City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Proposed Changes to Section 2.05 of the City Charter Dear Mr. Anderson: At its meeting of March 23, 1992, the City Council asked me to prepare comments to the art Ch er Commission on the proposed amendments to the Charter submitted to the City Council by your letter of March 18, 1992. The proposal submitted was largely based on language which I had previously drafted at the request of the Charter Commission. However, several provisions have q p been added since my proposal was submitted. One of the new provisions, about which the Council was concerned, was the sentence in the last paragraph of new Section 2.05A which rovides "Consideration is to be given to former council p members, mayors, or present and past city commissioners 11 The first concern about this sentence is that it is not clear what appointments this language is intended to apply to. This sentence immediately follows a provision which is taken from the current charter and addresses appointments made where "members of the council is reduced to less than three (3)" [Incidentally, the word "less" should be amended to "fewer" to be grammatically correct.]. Therefore, it is not clear whether this section is intended to apply only to appointments made to increase council membership to three, or is intended to apply to all appointments. If the intent of this sentence is the former, I would recommend that it be amended to read, "In the case of such appointments made to increase the council membership to three, consideration is to be given (etc.) If the intent of the commission is the latter, I would recommend that it be deleted from this paragraph and added as a new final paragraph as follows: "In the case of all appointments made pursuant to this section, consideration is to be given (etc.). The second concern about this language had to do with whether such a requirement is a good idea. Apparently some members of the city council felt that such a requirement could unduly limit the field of candidates for appointment and if the city council appointed a citizen who was not a former council member or commissioner, CLL33004 BR291 -7 -4 fps Mr. Allen Anderson April 9, 1992 Page 2 questions would be raised about whether the city council complied with the requirements of the Charter. Additionally, of course, some of the persons required to be considered would be people who had been rejected by the voters in previous elections. Another concern raised by one council member related to the first sentence in new Section 2.05A which reads, "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." This sentence is taken from Section 2.05 of the current Charter. The concern was that this sentence is somewhat cumbersome and difficult to understand. Perhaps it would be clearer to e t 'on to: Council b a majority vote of all its remaining chap this sects The it g members g Y J Y shall appoint a qualified person to fill the vacancy. The person appointed shall serve until the position is filled by a person duly elected to the position. A person elected to replace an appointee shall serve for the remainder of the unexpired term of the vacant position, except in the case of an election held at the regular election preceding the end of a full term, in which case the person elected shall serve a four year term." For purposes of further clarification, it may be helpful to add, after this language, the following sentence, "In any election in which one or more positions are to be filled for unexpired terms, the persons receiving the most votes shall be elected to the longest terms." The Commission also added the following new sentence at the end of new Section 2.05A: "All appointed members shall serve until a special election or a regular election is held." I assume that this provision is intended to mean that appointees will serve not until the first day in January after the election but only until the election in November. If this was the intent of the Commission, changes will also have to be made in Section 3.01 of the Charter. Under the current Charter, ther e can be elections at two times. One is at the regular election in November of even numbered years. The other, which occurs only when the Council is unwilling or unable to make an appointment to fill a vacancy, is a special election which could occur at any time. Under Section 3.01 of the current Charter, Council members elected at the general election (including those elected to replace an appointee and serve the remainder of an unexpired term) take office in January. Council members elected at a special election, however, take office immediately after the issuance by the City Clerk of the Clerk's certificate of election. It is logical that newly elected Council members would take office immediately after a special election because the election could occur at any time of the year. Additionally, because a special election is only held if the Council is unable to make a timely appointment, the office could well be left vacant until the newly elected member is sworn in. Under the proposed Charter amendment, however, elections may also be held in November of odd numbered years. Upon first considering the question of when members elected in odd year elections take office, one is tempted to say they should take office immediately rather than waiting until January. However, this conclusion raises a number of questions. For example, why should a person elected in an odd year to fill a one year term take office immediately a m el when a erson elected to serve a Y Y Y P CLL33004 BR291 -7 Mr. Allen Anderson April 9, 1992 Page 3 two year term at an even numbered year election must wait until January? If both take office in January, this inconsistency is resolved. However, if the inconsistency is resolved by having both take office immediately after the election, a new question arises. What would occur, for example, when an appointee is appointed in January of the fourth year of a term so that the election is held in November for a full four year term? If the person elected takes office immediately, that person would have a term of four years and one and one -half months (approximately) while others elected at the same election would not take office until January and would have only a four year term. (This could be taken care of by awarding the extra long term to the member receiving the most votes.) I could attempt to draft language for all of the possible choices involved; however, it would be helpful if the Charter Commission provided me with some guidance as to their intent so that I could prepare appropriate for new Sections 2.05A and 3.01 to accurately reflect the intent of the Commission. The first option, which I will refer to as Option I, would be the most simple approach. Under Option I, Council members would take office upon issuance of the Clerk's Certificate of Election only is cases of special elections; and in the case of all elections held on the first Tuesday after the first Monday in November (in both odd year and even year elections) the member would take office on or after the first business day in January. The second option, which I will refer to as Option II, would provide that appointees would be replaced as soon as possible after the election in either some or all cases. If the Commission wishes this result, it seems to me that the approach should be the same whether the election is for a one, two, three or four year term. If appointees are to be replaced at the earliest time in all cases, I assume that the person receiving the most votes would have the term of more than four years (approximately four years, one and one -half months) those receiving the next most votes would have the four year terms; and those receiving the next most would receive any remaining, shorter terms. If the Commission can advise me whether they wish to have Option I, Option II or some modification of Option II, I will prepare the recommended language. I should oint out to the Commission that some problems may arise with Option II. P P Y For example, it is my understanding that a person need not qualify for office at the time of filing, but need only be qualified at the commencement of the term to which the person is elected. Therefore, a person temporarily residing outside of the City is not required, under normal circumstances, to establish residency until the first business day in January. Therefore, a person could run for a four year term who did not intend to qualify by establishing residency until their new residence was ready for occupancy on January 1st. Assuming that such a person is not prepared to establish residency until January 1st, a problem could arise if that person received the most votes at a general election, and a sitting Council member moves out of the City after the filings close for the election in November. In such a case, under Option II, the person appointed would only serve until immediately after the election. If the new person elected at the general election is unable to qualify at the CLL33004 r BR291 -7 �l 0 Mr. Allen Anderson April 9, 1992 Page 4 time the office is open, a question arises whether their office is forfeited by reason of failure to qualify at the time the position becomes open immediately after the election. Another problem could arise in a situation where a Council member expects to serve until January 2nd, the normal end of his or her term, and to run again at the next election for an additional term. If a vacancy in the office of Mayor occurred in June of the election year, for example, such a Council member might refuse to accept an appointment to the position of mayor, even if all of the Council members felt that that person was the best qualified to serve, if the Council member knew that he or she could be out of office from mid- November until January 2nd. This could occur, even if the appointed Council member was re- elected, if that Council member won but did not receive the most votes. If Option I is chosen, such problems would not arise. Additionally, I should note that Option I is consistent with the state laws applicable to statutory (i.e. non- charter) cities. Finally, I should explain, for the information of the Commission, the effect that the proposed amendments would have on Council member Cohen. Council member Cohen is currently serving the fourth year of the unexpired term of a vacant position which he was appointed to fill. Therefore, he would expect to serve until the first business day of January, 1993. Even if the proposed Charter were amended today, he would continue to serve until that date. As explained in an opinion of the Minnesota Attorney General, No. 471 -m, dated August 22, 1963, a general law changing the length of term of an appointee to fill a vacancy does not operate to affect the term of appointments made before the law unless the law clearly so states. A law or Charter amendment] will not be so interpreted as to shorten the term of an incumbent officer unless the intent to do so is clearly expressed. If the Charter Commission members have any further questions, please feel free to give me a call. If it would be helpful to have me present at the Charter Commission's meeting, I would be glad to attend. In any case, I will await further instructions from the Commission. Very truly yours, Charles L. LeFevere CLL: rsr cc: Gerald Splinter CLL33004 BR291 -7 April 26, 1992 Mr. Charles L. LeFevere City Attorney 470 Pillsbury Center Minneapolis, MN 55402 RE: Proposed Changes to Section 2.05 of the City Charter Dear Mr. LeFevere: At our meeting of April 22, the Charter Commission members discussed your letter to me of April 9, 1992, regarding the above mentioned topic. At this meeting, members have directed me to request that you prepare new wording for this entire section of the charter, to include the following: deletion of the statement, "Consideration is to be given to former council members, mayors, or present and past city commissioners change the word "less" to "fewer" in the following sentence: "If at any f time the membership of the Council is reduced to less than three (3), the remaining members shall by their unanimous action appoint additional I members to raise the membership to a minimum of three (3):" adopt Option I as you presented on page 3 of your 'letter of 4 -9 -92. I the concept that we wish to have reflected in the wording will cover exactly what will occur if a vacancy was for over one year. We ask that you respectfully submit your suggested wording within two weeks I or as soon as possible in order for the Charter Commission to discuss it at I our upcoming May 20 meeting. Thank you for your continuing assistance in this matter. I Sincerely, l I Allen Anderson, Chairperson I BROOKLYN CENTER CHARTER COMMISSION cb` MAYOR TODD PAULsoN CITY 0' BROOKLYN CENTER CITY HALL JB RB R LYN OOK OFFICE OF THE MAYOR 19HAU MaTY C ENTER 6301 SHINGLE CREEK PARKWAY O BROOKLYN CENTER MN 55429 G I O� �OME`t PHONE: 569 -3300 FAX: 569 -3494 LAW OFFICE: 566 -1358 April 8, 1992 Allen Anderson, Chairperson Brooklyn Center Charter Commission 5351 Humboldt Avenue North Brooklyn Center, MN 55430 Dear Allen: Thank you for all the good work you and the Charter Commission have done on Section 2.05 regarding filling vacancies on the City Council. I appreciate the patience, persistence and participatory spirit with which the Charter Commission is addressing this needed change. I concur with the language drafted by the Commission. Personally, I'd like to see vacancies filled by elections, rather than appointments, whenever practical. But I defer to the deliberations of the Commission in proposing special elections be held if there's more than a year left in the term filled. I do disagree firmly with the provision that gives special consideration to past Mayors, Council members, or Commissioners when the Council appoints a replacement. As a Mayor and past Council member and Commissioner I don't think we deserve any extraordinary priority over any other citizen. If the Council does not appoint a past office holder, would that mean the Council is violating the City Charter? Naturally the Council, on its own, would weigh experience, knowledge and past service along with a number of other factors in choosing an appointee. I am confident the confusion over the meaning of some provisions of your amendment can be worked out and clarified between yourself, the Charter Commission and the City Attorney. I would also welcome the opportunity to assist in any wordsmithing of those provisions. Thanks again for asking for our comments and for all the important, quality work provided by the Charter Commission. Sincer Todd Pauls Mayor CITY OF BROOKLYN CENTER TP:pp t Philip Cohen 5501 Humboldt North Brooklyn Center, Minn. 55430 April 21, 1992 Mr. Allen Anderson,Chairperson BROOKLYN CENTER CHARTER COMMISSION 5351 Humboldt North Brooklyn Center, Minn. 55430 Dear Chairperson Anderson: Thank you for your letter of March 27th and my apologies for not responding back by April 15th as you requested. First, I want to thank the Charter Commission for the diligent work that organization has done in addressing their concerns about filling of vacancies on the city council and this opportunity to respond to the commission. My concerns are not so much about the wording that has been developed. I believe that those concerns are commented to in Charlie LeFevere's letter to you dated April 9th. The position that I have advanced since this issue has been before the Charter Commission is: 1). The current provisions in the city charter address the matter of vacancies in a manner that allows the council to act in a timely fashion and if they do not, a special election occurs. In short, I do not see the need to change this section. 2). That if it is the desire of the Commission to make changes in the filling of vacancies as your organi- zation is suggesting, then the matter should be decided by the voters at a general election not the city council. I offer for your consideration, my reasoning on the above 2 points: PRESENT VACANCY PROCEDURE SHOULD REMAIN: I may come from a position of bias on this position, since it under that provision my appointment to the city council was made, but having been involved at the time the charter was drafted, there was considerable thought given to the matter of filling vacancies along with the other provisions of the charter. It was done at a time when we had elections annually, so the matter of filling vacancies could be addressed to at the next November elections. However, it does allow the council to proceed to fill any vacancies in a timely manner to fill out its membership and if not,a special election will occur. Charter Commission April 21, 1992 Page 2 CHARTER CHANGE SHOULD GO TO THE VOTERS: Since the proposal does shorten up the time for the appointment process according to when the vacancy occurs and the next' election, it does increase the probability of a special election being called. At special elections a very small of the voters usually turn out. And, that small voting was one of the key arguments to change from annual to every two year elections. Along with that was the cost factor of having elections each year. The enclosed news articles will describe some of the arguments both ways on the charter issue. The voters spoke in that 5,186 voted yes, 2,698 voted no. That translates to a 65% vote in favor of election every two years, no annual elections,the desire to have a greater of the electorate participate in local elections and reduce the cost of elections to the taxpayers.. I opposed the charter change in 1986, but I accept the will of the majority and with respect to that mandate,any changes that in my view would alter those 1986 Charter Election principles should once more go to the voters for their consideration. Once more, thank you allowing me to submit the foregoing for your consideration and while we may differ on this issue, I respect the time and effort that the commission has done to bring this matter to public's attention. Yours truly, P 1 Cohen, Councilmember ity of Brooklyn Center Encl. i r "town." admissioiilickcls aie'ouaale�at'�A 1 for adults $2 for students.' A dt free senior ens': matinee. er- k, i '1'l1I:RE 1VEKE no entries in P I r I a Nov. 2: Ili senior high student category s i but formance is 2 .m: Sand Y P information are call 5GG- F Ardy Silva won for adults, 18 For more 4; Y id 1 She writes, "I am handicapped. I 6700, extension 103 afi I (0 p LUNCHING ON TACOS with Governor Rudy Perpich in the sche Pro a n ti charter ch o n e g six at y [f studonis Aric Mueller g r ade six at loft Lindse Jones, grado four �J `.at Iho official host school of the state's celebration of Nulionul t�lol 1 lettuce and lomato fixings, salsa, poonui butter sandwichos, whole I i, the I ditor: I'u the Editor: juice. Note, "YES" on the Brooklyn t'� c� T1 r�macy�+ Urpo3 "'rdfr of w;�• "1� t.' �t nter charter: ainendinchU ItIch u�.g p +ty will be at the top of the voting Brookyn. Center, ity ,Chat te'r is to s et s If y ou fail to vote on the our city. It does this by establishing Protect you and me, the citizens of strict s e 1S e Y a t 'machine y Y Amendment, this is the same as a the-spending authority of.the city "no" vote. The auiencln,ent will manager and cil council b s cct I1 Ill ?'t'Sl' 1)lCl: property values in the two co i; g' Y Y. P Y t Y change city elections from every Eying whether a. majority or unan- year to even year elections. inious vote of; the t•nuncil is'. re 'A tax levy of $42 million for IN 1980, '1'111, '1'0'1'Al, It Remember when the village quired to pass oil issues before the Anok:1- Ilennepin School Dish District I I- was 55, spill. election was held every December? council. Many other issues are 11'9 1987 88 budget was certified by mill brought in $770,000 lu This was a holdover from township covered in the 20 page document, the school board Oct. 1 :1. trict. days. 'Then in 1961 the, village council changed village elections to However, perhaps .the,rnost im- The levy represents an hicrease lleadlee estimated that I it November. 'The next progressive portant'. issue; addressed in the of 7:75 percent over last year's levy increase in properly value f slcp.is to change local elections to charter is the section covering our of $39.5 million. It should result in a percent to 5 percent, the it even years. The majority of election process.* OUR RIGHTTO mill rate increase of no more than would increase by 1.5 mill I;I suburbs already have even -year VOTE: Much thought and delibera= 1.5 -mills, according to District 11 an increase of 7 percent in 1 elections. tion went into.. tile! original writing finance manager Wayne l leadlee. lion, the mill rate would rem of our charter, and it has certainly same and would add no net Last year only 402 people voted served us well over the years. The exact amount of the increase over last year, out of 19,386 registered voters. In I will not be known unlit December, t 1903 the cost per voter was about Therefore, I.truly" fail to see the when the county auditors have The Anoka County audit $23. In 1985 the cost Increased to purpose of the amendment completed their computations of estimated an increase in vv s; i t, j II i nearly $32 per voter. 'These odd that Is on the ballot Nov: 4, And 'I i I year elections will only get more am appalled,; that? the nrgoklyp expensive and unnecessary. It is Center Charter Commission put the Band, t I not the best use of taxpayer's issue, on the'ballot',without first (Continued homPage l) money. The voter prefers the holding public hearings even-year elcctions. i hopefully our donation will get The band's request fl Makes one wonder what they are' .financially sound once Brooklyn Center fur a you more..'•' tional $500 in 1987 was denic( Iii The Brooklyn Center League of up to Well, lets not wait to find :I p Women Voters supports greater out, ACT NOW to protect ,your. t budget tithe Brooklyn Centel M City C i HESI'ONUINC IIANSUN cil augeme. Hanson voter participation. Let's have the voting .rights by;' joining. me, In S g I il. mayor and city councihneinbers VOTING NO on the charter said this is wonderful.-it, very said the band would like n ,I elected uy the grouter number of ntnendment ,generous gift of su�)Port. It direction and glildc Ines f people. Let's have a government of eflnitcly should he IJ us in the two communities, the pcope, by the people and for the 1 ou Kut l meeting our share of the budget Y Schicreilbeck said h(' had le. 'Then we have less chance BROOKLYN CENTER th y ear. 'Phis is a gaud exam ed in as director in the people. 1 P pie of one community organiza or small well organized groups to lion helping another. It's the when Iloiseth was not availa control city elections. nicest thing that ever happened One of his goals is to inert i membership and band app Iiarhar:i Sexton, President tons, antes, "I would also like League of Weston Volcrs i i make the communities n Steve Anderson band vice of Brooklyn Centel president, added, "This is a aware o[ the band," he added. tremendous boost to our organi The band practices from t i zation. This remedies the con- to 9:30 p.m. Monday night: i BROOKLYN CENTER CRIME BY NEIGHBORHOOD tern of the band about finances North View Junior Iligh, 5 JULY AUGUST 1986 this year. It lifts the burden off 69th Ave. N., Brooklyn P: 11001(plrAll 1110 AVE 1.'` our shoulders which was affec. Schicrenbeck encouraged ad lecision s tha the issue Bat Asks es' vote on Brooklyn. C w 3 I of'IL h haHo us es en e C arter SIP ffenders in To the Editor: meat is amusing in the light of the embarrassingly City elections which coincide with state and na- its, read the staff tional elections increase voter turnout and cut elec- low voter participation whiff has encouraged lack of opposition in city elections, for which there has been ;thy planning com- tion costs. Why would anyone want to continue to hold no opposition in the last four years. Retention of con- t 22. While Alpha the city elections in Brooklyn Center in the odd- trol by a small group is made possible by this off -year dable record as a numbered years? Here's why. Because in November election schedule, whereas the decisions would be the new facility is of 1983 only 586 citizens voted, a voter turnout of 3%. Ins representative of the total community of Brook. tuber of full time And in November of 1985, only 402 citizens voted, a lyn Center if made when a much higher percentage of in size may affect voter turnout of 2%. How much easier to keep the the citizens would get out to vote. continued control of city offices in the hands of a small, elitist group with a minisc voter turnout, The charter amendment could have been ac- SEVERAL factors than to provide for voting for city offices in the gen- complished by a unanim vote of the city council. It on. One is the im- eral election when in November of 1984 some 17 did, in fact, unanimous) vote such aoval in Nov- ishments that sell citizens voted, a voter turnout of 75 ember of 1984. But the minds of the CBG endorsed of- clients have chew- fieials were changed be pressure from the CBG who saw no reason to ma per is the existence THE ARGUMENT THAT FOUR YEAR terms of ke changes in the charter which rer 100 children di- office are not compatible with "responsive" govern has served the city well since 1966." Voter turnouts of ty" 2% and 3% do not serve anything well but ensured ocal one, but resi- continuance of CBG control. given the informa- Return incumbents oral use permit, I The thorugh and thoughtful' procedures of the Garter Commission have resulted in the charter Mary Hepokoski To the Editor: amendments which will be on the ballot on Nov. 4. 2epresentative45B On Nov. 4, Robbinsdale residents have an opportu- nity to return to office, two highly qualified and expe- As the president of the League of Women rienced alderman, who have done an outstanding job: Vow of Brooklyn Center, and as.a past chair of the Mike Holtz from the 3rd Ward, and Bert Johnson from Brooklyn Center Charter Comission, I urge "yes" to the 4th Ward. votes on the charter amendments! Viola M. Kanatz: 1 In the last four years, they have been representing BROOKLYN CENTER these Wards, property taxes have been reduced every To the Editor year. Folks, that's four years in 'a row. In 1987 the _let McGuire year- will be reduced again. Brooklyn Center voters will be able to voice their opinion on a Charter Amendment on Nov. 4. _y The City and the RHRA, working together, have years and feel he new construction in progress that has and will Presently, councilmembers serve for three "years" He is extremely broaden our tax base in 1987 alone to the amount of 25 and the Mayor serves two years. Because terms are ith the legislative million dollars, more housing for the elderly, the staggered, an.election every year is necessary. The handicapped, the most fantastic commercial Bevel- Charter Commissions proposal is to change coon opment in the downtown area resulting in hundreds cihnembers term to four years and the Mayor's term 4Gtiir e P is well- of new jobs. to four years also. Elections would be held on even numbered years only. schools and has Our reserve fund balance has been built up that dicated to seeing equals almost 47 of assessed values at no expense to The Charter Co mi ion has discussed and re- ilthy recreational the Robbinsdale homeowners. searched this issue thoroughly for the past two years fishing, skiing, In fact, the Brooklyn Park Charter Commission used Folks, let's return these two highly experienced and our research before they submited an identical pro- qualified men back to office, so we can continue pro- posaltotheircity. 'riority on his list. viding excellent service, and keep re- developing the A "Yes" and "No" Iever will be next to the charter ucation for many City of Robbinsdale. ing officer for the Raymond A. Mattson question. Please look for this at the top of the voting This interest ex- Mayor of Robbinsdale machine. le's education. Ernie Erickson Vice -Chair Brooklyn Center Charter Commission 1 listten en too the con :omton- Remember endorsement :gardless of party to so if elected. In To the Editor: In 12 ears at the Leg islature Sen. Bill Luther has The 'cliche' ap p lie s the people. worked for common -sense government in the tradi- process, vote for tion of the DFL and the late Hubert Humphrey. To the Editor: I of us in western Who do you go to for help if you have a problem Representatives. Now, Bill's Republican opponent has decided that with the bureacracy in St. Paul? In my case, as a his only hope to win is to try to convince people that constituent, I went to Rep. Lyndon Carlson. Within the -1ti1 E GROVE he's a DFLer. last 12 months a "beer' developed between myself 4a z —OSSEO and the Fisheries Division, DNR. E;GRQVE We all-know that Bill Luther is the only DFLcandi- MAPLE GROVE date in Senate District 47 and the' only one ready to I* initiated on my behalf, a half dozen letters and k Iacono -OSSEO work for all of us. phone calls -to several department V.I.P.'s to secure 300 excess Atlantic salmon broodstock for stocking in Jean Schiebel a metro lake previously stocked with rainbow trout. BROOKLYN CENTER 'es The salmon in question averaged between six and 4, nine pounds. It was decided a vear ago by fisherzv I Section 2.05. VACANCIES IN THE COUNCIL_ -umber 'ac�arrit a tied s igns iorr, removal -f- mom -o r cG- n y- manner author -iii b —lax �ms €ems ..f mot. .W "ecv i it� NO' R &45c�t�1 k 1 VkCVNC 3(+Oui D -OCCUR tN Ttt C'.tfY o to, cs r C 0 M k\-0 02 j R C t'TY C O(.(O t ctL l USr LT S (nC_u.i?±kNCR_ The Mayor or Council member shall Zo, forfeit the office for (1) lack at any time during the term of office of any 5" qualification for the office prescribed'by this charter or by law, (2) violation k of any express prohibition of this charter, (3) conviction of a crime involving 7 moral turpitude,.ew- (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council. o p, S� DLw o R ivc P� '-"He st Ica cm Ls v!5 PV Te €=E( e'0(t io u L. Ct e� /,2rS The Council by a majority vote of all its remaining i3 members shall appoint a qualified person to fill the vacancy until the person !y elected to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a special election to fill the vacancy. The election will b, eld not sooner than QP i 0O 17 -Flri —...y 9$*'days and not later than one hundred -twe u y Y days following the u 9 occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03 special elections_ A vacancy in the Council sh -Il 6e filled temporarily by the Council and then by the voters for the remainder of the term at t ect+ott- urt-le -ss -that eleetion t r! (,.Zc:i t-t L 'ON FIRST t-k 0( "�0f Y F CC_Lk A CE O F t(-4 it (3 G 1tUVEhQ Ttk AT Glr- S&lc�4 P i occurs within one hundred (100) days from the occurrence of the vacancy, this period being necessary to, allow 12 time for candidates to file i �{l: i ix.GitcS� Srdt l L c3E KCCO ON TLAE FtRST TLteS ©P t ME tA,S'C'..- Motoadt FdL.tow(NiG W0 Vt'_M(�� J b= M0Rl�; (kf�N T COO DtQfYa'C-5 i= (L-c- F-0A T�( (_E 0 'jJfJC) fit aC�' i dim l ar< [c b t-r-- S S 'NA iJ 3 tuoiV its StEdtLt_ Nor 3E r licu- .[-OED N T(+C +RirGaLkV, Per-( The quorum of the Council consi is o three (3) members; if at any time the membership of the Council is reduced to :�t an three (3), the ,2j remaining members unanimous action appoint additional members to raise the ,.7 membership to threw. t o c M IN i M.aM ©(p, T(kR E C3 .nom;, �t "c ,,Gi- �t�c.O�2 l� ✓L b�GC�- 7 a �,i�i�`r�- ,l/�v :.GAL C. ��Z� t.-' �l"�f��1 ii 544764400000 +0000000 4 MAY 13 '92 10:44 HOLME 8� GRAVEN !SME y ja (O I-? a-- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of City Hall 6301 Shingle Creek Parkway, to at p.m. at the y consider An Ordinance Amending Sections 2.05 and 3.01 of the Brooklyn Cen ter City Charter. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2. OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: S ection 1. Section 2.05 of the Brooklyn Center City Charter is hereby amended as follows: Section 2.05. VACANCIES IN THE COUNCIL. [The office of Mayor or Council P member shad. become vacant upon death, resignation, removal from office in any ma- -mer authorized by law or forfeiture of the office When. for an reason• a vacazxc 't C ouncil or office of Mavor. the City Council must, t- shoul d occur in the Cx v Co 0 pt�.blicl`�' declare such va,can��'ithi,n ten days of its occurrence. The Mayor or Council member shall forfeit the office for (1) lack at any time during the term cif office of any qualification for the office prescribed by this charter or by law (2) violation, of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, [or] (4) failure to attend three coesecuti ve regular meetings of the Council without being excused by the Council[. or (5) departure of residence from the City. [A vacancy in the Council shall be filled temporarily by the Council nci then by the voters for remainder of the term at the next regular election unless that election occurs within one hundred (1010) days from the occurrence of the vacancy, this period berg necessar• 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 elects to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30 days, the election authorities shall call a special election to fill the vacancy- The- elect =or.. will be- held not scuner than ninety (90) flays and not later t han one hurn twenty (1` -20 clays following the occurrence of the vacancy and to be s verve by t1- provisions of Section 4. 03, special elections. T' e quorum otl*4er go me mbership o f the t. embers if at an time the me P �..tnc° �°oxasists _hree j m s Y the y unanimous counci= is reduced to less than tl ee (3) the remaining members may b action appoint oint additional members. :o raise the membership to three (3) Section 2 :05A. PROCEDURE TO FILL COUNCIL VACANCIES. The Council b� a .aiarit;r -j #tom •�f all a�� �'�±';�i1CL3Yi� LY?�£:nfaers shal a- a aualified per fill the vac V. The pIrs n w l shall serve until the r.osition is filled bar a perl5on duly ele terl so the csi A oarson elected to replace axe �,�oix�tee shall serve for the remainder of the =.x.2x d. vir� term:; of the vacant Position y Xeltpt the case of an election held. at the regular election oreceding the end of a ;dull terl-:- In which case person elected shall serve a fowl war term. If the Council fails to fill a vacancv within thirty (30) days, the Clty C1eri shall call an election to fill the vacancy The election -411 be held no sooner than one hundred ;100) days and no later than one CyL3675? 88292 -7 5447k_:4400000 +0000000 MA`( 13 '92 10:45 HOL'1ES GRAVEN P.3 hundred and thirty (130) days followinLT the occurrence of the vacancv. and to be otherwise z7overned by the orovisions of Section 4.03, Special Elections. A vacancy in the Council shall be filled temyorarily by the Council and then b the voters at a ree7ular or special election to be held on the first Tueada�r after the first Monda:�' of November which follows the occurrence of the vacancy; Provided however, that if such date occurs within one hundred (100) days from the occurrence of the vacancy, this Deriod beine7 necessary to allow time for candidates to file, the election shall be held on the first Tuesdaj7 after the first Mondav of the followinz November. If more than two people file for a vacant council position in a special election a primary shall be required. The quorum of the Council consists of three (3) members If at anv time the. membershi- of the Council is reduced to fewer than three (3), the remaining m r- -bers shall T v their unanimous action appoint additional members to raise the membersto a minimum of three (3) Section 2. Section 3,01 of the Brooklyn Center City Charter is amended as Sec tio- 3. Ol COUNCIL INs t:ET Il',1GS. The City Council shall hold regular meat=—rigs at such time and place as ?.t by motion shall determine. dicers elected at [the time of a °egula.r murlcipal election provided for by this charter] gLv election held o-. the first Tuesda.{ after the first Mondau of November in nei�- er even or odd- hi num -ben ed :,;ears shall be s �rorn in and assume the dsates of the offs asp h they P el acted ors or afTee the first business ciao° of January, or at Elie first City Couil i.i meet.ng rz Jaijuary, or as soon thereafter as practical. Officers elected at r- spec:iai j a.ij; other: election shall be :sworn in and assume the duties of office to they were elected o= any busi ess day or at any City Council meetin after the _,uaiice by the City Clerk of the Clerk's certMea,te of election. Net, %ly appointed nci1 embers shall. take the oath of office and assumie the :1; =ties of office upon :plcintment, or on any business day, or at any Council meeting after being appointed. The Nlayor or any two members of t1 Council may call special mee=i���s of the Council upon at least Twenty-four (24) hio .rs' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the rizember's usual place of residence wizb some responsible person. All meetings of t_he Council shall be in compliance =with the MWsnnesota. �3per� ?'�e ping Law, and any records thereof shall be made availa`t=ic at all reasonable times. Se This ordinance- shall become effective after publication and ninety g a�as fc {dr i t s a,d,option. i Adop day of 199_. Mayor, Todd. Paulson ATTE t Deputy Clerk Date of Putaii? ion: Effective Bate: Underline indicates new matter, brackets indicate matter to be deleted. CLL 34797 91 -7 2 BROOKLYN CENTER CHARTER COMMISSION COUNCIL VAGANG06 SUB COMMITTEE JUNE 11, 1992 9 A, M. Present: Eileen Osiund (Chair), Ed Commers, Tony Xuefler Absent and excused: David Hildebrandt The meeting began at 9:05 in Conference Room A, Chair Osland passed out a working copy of our last edition of Section 2,05 with some additions, deletio and numbered lines for ease of reading. Agreement was reached for the reading of Section 2.05, Vacancies in mLa Councii. It should real as follows: When, for any reason, a vacancy shoo occur in the City Council or office Of Mayor, the City Gouncil must pubically declare such vacancy within ten (0, days of its occurrence. The Mayor or Council Member shall forfeit the Oflice Wl ill lack at any tine during the term of office of any qudiification for the office prescribed by this charter or by law, violation of any express prohibition of this charter, (3) conviction of a crime invoiving moral zurpitude. W) failure to attend three consecutive meetiags W thn 0uncii wlthjut baiag excused by the Council, or <5i departure of residence from the City, Much aiscussion was held again regarling Section 2,05A, Frocedure to iiii Qouacil iacancies as presented Wy Chair Osluni. Tcy"arios discusse! were: If the remainder K the vacancy is less than one year, counci-3 appoirts for tie remainuer Of tne term, if the remainder at the vacancy is over one year, the City Council most caii a special election. Exact timing of the elections and when newly appointedielected persons; would take office needs further work on the wording, Chair Oslund stated she would redraft this section and iorward copies to all sub-committee members for their feedback and then members of this committee will plan to meet 10 minutes before our July 15th full commission meeting it was also discussed as to the timing of when this amendment should be presented to the city council and/or citizens, it was felt this should be discussed with the entire commission, Meeting adjourned at IQ a, m, Respectfully submitted, Carole F Blowers, QF,S, Administrative Assistant Section 2.05. VACANCIES IN THE COUNCIL, T- he--off c Mayon or Gouneil member shai become- vae-ant-- -upon- death -res gnat -iorr `ramovxl ee in authoriz-ed -by: -law or forfeiture of the office: W 4o R N \tRC -0, CJt?ti' 3ifpc�t_Ll GCLtI i N TIES C t C©uNCtt_ 6 k C 4' Cz C C-Er 0 i ti c' "P,`{` O R I. r'4 Ct Tit' C-O cA N cl" M u S T SUC'LA �J4C_ k N CY w �TkAiNJ t0 OW -(S of (T t= �ccc�Rr�rUC�, The Mayor or Council member shall 4 forfeit the office for (1) lack at any time during the term of office of any s qualification for the office prescribed by this charter or by law, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, (4) failure to attend three consecutive regular meetings of the Council without being excused b the Counci Qty RL s Lca IF N cE c �0TA 'Tt G c_t T"-( os �i r.? r ka. oL; S To F-'(.-L. t-- c"`au%ctL �J kcf,k) C-1 A- .vae-ancy in- the--- Gouncil-- shalh -be fi+1 tempo rarily by -the Council and- then -by- -the- vote -r -s -f=or- the--r- emainde.r_.of -the. lo t- e- r -m--a— the,_-- next regular election unless that election oc -eurs w- "h-:n one hundred: 11 (10.0)- days. -from the occurrence of the vacancy, -this pe-r -iod be- ing- necess- ary- -to -a1 -low iz.-rime- for candidates to file. �h �xpiv�cl fc, o n coci-dlGL 4 _.1S__ le- t av, ©(q C 0.iP•� the Council by a majority vote of all its remaining is members shall appoint a qualified person to fill the vacancy ounti1_,the- .person iv el-es ed_to se- rve- -thie. remainder -of- the- une- xp- i -r -ed- term takes --o-Ef- c.e-._ If the Council /S fails to fill a vacancy within thirty (30) days, the City Clerk shall call a /especial election to fill the vacancy. The election will be held not sooner than 17 ninety (90) days.and not later than one hundred twenty (120) days following the lr occurrence of the vacancy and to be otherwise governed by the provisions of Section �y 4.03 special elections. onexPi+res A 0-Ir- VAC-- cou_nci CLOc,\1 is C:)nce_0_r 0 A l ewt c c 4- gQ�cta_� �.�cc shct�l ioe. ca.�,1�c.� ___by one i cok"IcL'( 4 its 4-0 ac� Wi{Eiiv� 3b awl s �Ci tic E-ra4� i i4 lam hetcl r�zs� Qua nev +kai-) rattle ty (C '4c`v) t�ocu�h� one_ 0ccu_mv� ce_ C5 V0_ caj, ca�.d_ b� v\ e_d b Y��'° c s S 0 c S-r'_- 0 v1 4 4 63 p�c��C___ etec c�t� T VVI0re n e t- re- C1 A-P_ v-vn t r The quorum of the Council consists of three (3) members; 10 if at any time the membership of the Council is reduced to less than three (3), the -i /remaining members may by unanimous action appoint additional members to raise the �z membership to three (3). .r ,rte.+. TO: ALL CHARTER COMMISSION MEMBERS Allen Anderson Ulyssess Boyd Ron Christensen Edward Commers Donald Gilbert David Hildebrandt Myrna Kragness Tony Kuefler Everett Lindh Marie Nyquist Eileen Oslund Dennis Snook Susan Warner Ted Willard Beverly Wolfe V FROM: Allen Anderson, Chairperson DATE: July 22, 1992 RE: Proposed Changes to Section 2.45 of the City Charter Pursuant to actions taken at our meeting on July 15, 1992, enclosed is a copy of the cover letter and the ordinance format as presented to the City Council. This item will be on the City Council agenda for Monday, July 27, 1992. We have been informed that this item should be discussed at 7:15` P.m., so if you can and wish to attend, please be there by that time. If you should have any questions, please contact me at 560- .1727. Thanks to you all for your many efforts on the wording on this section. cb Encls. CITY 6301 SHINGLE CREEK PARKWAY OF B:ROOKLY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY POLICE FIRE 911 TO: Todd Paulson, Mayor Phil Cohen, Councilmember Jerry Pedlar, Councilmember David Rosene, Councilmember Celia Scott, Councilmember FROM: Allen Anderson, Chairperson Brooklyn Center Charter Commission DATE: July 22, 1992 RE: Proposed Changes to Section 2.05 of the City Charter This memo is to advise you that the Charter Commission on July 15, 1992, unanimously approved wording changes to Section 2.05, Vacancies in the Council, of the City Charter. Proposed wording for this section is enclosed. In summary, the reasons for the proposed changes are to provide for more specific directions as to how a council vacancy would be filled. The Commission felt modifications were needed in light of the fact that council member and mayor terms are now four years. Therefore, it is proposed that in the case of a vacated term of office being less than -ene year, the City Council will appoint. In the case of a vacated term of office being one year or longer, a regular or special election shall be held. Pursuant to Minnesota Statutes 410.12 Subdivision 7, the Brooklyn Center Charter Commission recommends the adoption, by ordinance, of the attached proposed amendments to the Brooklyn Center City Charter. This item has been placed on the City Council agenda for July 27, 1992. If the City Council does not approve this charter amendment, it is the wishes of the Charter Commission to put this item to the vote of the people and place it on the ballot for the general election in 1992. Thanks for your consideration. cc: Charlie LeFevere, City Attorney All Charter Commission Members ;FA ,se�u�,u,�caan I CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter. Auxillary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN OR DINANCE A MENDTNG C HAPTER 2 OF THE BROOKL CEN TER CIT CITARTE$ THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 2.05 of the Brooklyn Center City Charter is hereby amended as follows: Section 2.05 VACANCIES IN THE 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.] When for ai]ZL Eaason. a v acancy shou occur i C —tv Co or office of the Xayor. the C ity Council must ;2ublicall declare such vacancy w ithin ten (10) da ya Q,f its occu rrence. The Mayor or Council member shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, [or] (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council[.] (5) dp-parture of residen f rom the Ci ty. [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 election authorities shall call a special election to fill 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).1 Section 2 09A. PROCE FI LL COUNCIL VAC ANCIES If the unexpired term of the council vacancy is less than on vear. t he Council by a major v vo te of all its remaining members shall appoint a qualified person to fill the vacancy If the Council fails to fill a va_c�cv within thirty {30) days, the Citv Clerk shall call a special election to fill the ORDINANCE NO. vacapcv. The e lection wi ll be held not sooner than nin (90) days as nDt later t han o ne hundre and tweD±v (120) da following the occurrence of the vac ancy an to be ot governed by the provisions of Section 4.03. S pecial El ections. If the u nexpir ed ter of the council vac ancy is one year of longe a s pecial election shal be ca lled by t he Council or bV City C lerk i f the Council fails to act withi thir (30) days. TJU P—lectiM will be held rjot soo than ninet (90) days. a not later than one hun dred twentv (720) days following th oc curence of th vac ancy and to he ot gover,Ded by th provision of Section 4.03. S pecial Elections. If mo thaD two ca file for t he unexpire to a prima. e lection ahal1 be ba d. T he quorum of the Council co ny sts o f thr (3 members; if at apv time the Mejpbers of the Cou is reduce to less than three (3), t he remain r gembe rs m alt by unanimo act ion appoint additional member to raj5e the megybershj p to t1jree (3) Section 2. This ordinance shall become effective after publication and ninety (90) days following its adoption. Adotped this day of 199_. Mayor, Todd Paulson ATTEST: Deputy Clerk Date of Publication: Effective Date: Underline indicates new matter, brackets indicate matter to be deleted. BROOKLYN CENTER CHARTER COMMISSION JULY 15, 1992 ]MEETING MINUTES 7 P.M. Community Center CALL TO ORDER The meeting was called to order by ,Chairperson Allen Anderson at 7:02 P.M. ROLL CALL Members present: Allen Anderson, Ulyssess Boyd,'Ron Christensen, Edward Commers, Donald Gilbert, David Hildebrandt, Myrna Kragness, Tony Kuefler, Everett Lindh, Marie Nyquist, Eileen Oslund, Dennis Snook, Ted Willard, Beverly Wolfe ?Members absent and excused: None Members absent and unexcused: Susan Warner APPROVAL OF MINUTES Motion by Tony Kuefler, seconded by Myrna Kragness to approve the meeting minutes of May 20, 1992, as presented. Motion passed unanimously. NOTE: Date on sub committee minutes for preamble and council vacancies should be June 13, not June 11. CORRESPONDENCE Letters were sent to the Brooklyn Center SunPost and Northwest News regarding tonight's meeting. OLD BUSINESS Section 2.05 C OUNCIL. VACANCIES: Chair Oslund of the Council Vacancies sub committee passed out wording at to- night's meeting for the full commission's review which was approved by the sub- committee. Motion by Eileen Oslund, seconded by Tony Kuefler, to approve the proposed wording dated July 15, 1992. Motion passed unanimously. Note: Commis- sioner Willard was not present at time of voting; Commissioner Warner was absent. Discussion was held as to when this should be put to the vote of the people if that .step should become necessary. Motion by Eileen Oslund, seconded by Bev Wolfe, to pass the proposed charter change for Section 2.05 to the City Council for their consideration, and request that they put it on their next meeting's agenda, and if the council chooses to put it to the vote of the people, it is requested that the city council place it on the ballot in 1992. Motion passed unanimously. Note: Commissioner Willard was not present yet at time of voting; Commissioner Warner was absent. OLD BUSINESS Section 2. .05. CQUNCT VACANCIES: Continued The Administrative Assistant will check with City Hall Administration to see if this item can still be put on the next City Council meeting agenda (July 27) or if it will have to wait until August 10. Chairperson Anderson stated that as many members as possible should attend that city council meeting, and he or the Administrative Assistant will advise members of the day and time to attend. He also stated that he will prepare a cover letter with the proposed charter change, and the City Attorney will also be provided a copy. Chairperson Anderson then asked if there were members that would like to volunteer to be on a sub committee regarding publicity of this issue. Donald Gilbert, Myrna Kragness, Eileen Oslund, and Bev Wolfe volunteered to be on said sub committee. Commissioner Willard arrived at the meeting at this point. Repor t of Su -Co on Pr ample to Charter Chair Bev Wolfe of this sub committee stated her committee met and formulated the final draft of the preamble as submitted in the minutes of June 13. She stated that the final point of the preamble was the only change made from the previous draft. Discussion was then held regarding the significance and legality of this preamble. Some members wanted to know if it affected the charter at all and what was its real purpose. Chair Wolfe stated that a preamble gives direction to the charter. It was asked if the preamble could have any legal significance in which the charter could be interpreted and asked if we should get a legal opinion on this. It was decided after discussion that Chair Wolfe will contact the Attorney General's office to get their legal opinion as to whether or not the preamble to the charter could have any legal significance in which it could be interpreted. Motion by Ed Commers, seconded by David Hildebrandt, to table this issue until our next commission meeting. Motion passed unanimously. ±RapQrt of Sub C ommittee on Appointment Process in Fi 1 1 i ng Cp Un C, 1 Vacancies: It was decided that this item will be tabled until January. Concerns were expressed by some members as to whether this item is going to be pursued as a concern of members the charter commission or as a concern of individuals/ residents. Adopt A Park /Adopt A- Trail /Adopt -A- Street Program Myrna Kragness stated that she contacted the Engineering Department regarding the aforementioned program, and they provided her with a list of many parks that still could be considered by the Charter Commission to sponsor. After discussion, it was decided that we will try for Firehouse Park for sure, and possibly Marlin Park, and Myrna will arrange this with the Engineering Department and advise the commission. -2 of 3 Pages- 7 -15 -92 i M E M O R A N D U M TO: All Charter Commission Members FROM: Al Anderson, Chair DATE: August 5, 1992 RE: Attached Memo I received the attached memorandum from the City Attorney via the City Manager, Gerald Splinter, regarding Section 2.04. Please review and contact me if you have any questions. Thank you. cb Attachment `s HOLMES GRAVEN CHARTERED Attorneys at Law 470 Pillsbury Center, Minneapolis, Minnesota 55402 JOHN M. LEFEVRE, JR. ROBERT J. LINDALL OBERT A. ALSOP (612) 337 -9300 LAURA K. MOLLET ONALD H. BATTY Facsimile 6I2 BARBARA L. PORTWOOD acs 19 STEPHEN J. BUBUL 337 -9310 JAMES M. STROMMEN JOHN B. DEAN JAMES J. THOMSON, JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY BONNIE L. WILKINS CORRINE A. HEINE GARY P. WINTER JAMES S. HOLMES WRITER'S DIRECT DIAL DAVID J. KENNEDY DAVID L. GRAVEN (t929 1991) JOHN R. LARSON OF COUNSEL WELLINGTON H. LAW 337 -9215 ROBERT C. CARLSON CHARLES L. LEFEVERE ROBERT L. DAVIDSON July 29, 1992 Jerry Splinter City of Brooklyn Center 66301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Election on Proposed Charter Amendment Dear Jerry: In response to receipt of a proposed charter amendment from the Brooklyn Center Charter Commission, the City Council has decided to call a special election to be held at the same time as the general election, and has directed staff to prepare an appropriate resolution. I. Date of Election. I should note first that although the Charter Commission has requested that the amendment be voted on at the general election, the setting of the election is a matter which is within the discretion of the City Council. Under Minnesota Statutes, Section 410.10, subd. 1, the City Council is required to submit the question to the voters at the next general election since the next general election is within six months of the date the question was presented to the City Council. However, that same section authorizes the City Council to call a special election to consider only the charter amendment at any time provided it is within ninety days after the delivery of the draft amendment to the City Council. II. Recall of Amendment. I should also point out that at any time before the City Council has fixed the date for the election, a charter commission may recall its proposal. After the City Council has fixed a date for an election, the commission may recall the proposed amendment only with the approval of the City Council. The proposed amendment may not be withdrawn after the first publication of'the proposed charter amendment. III. Notice of Election. Under Minnesota Statutes Sections 410.10 and 410.12, subd. 4 the notice of election which is published twice (once a week for two succession weeks), is to contain the complete text of the charter amendment. IV. Form of Ballot Question. Under Minnesota Statutes, Section 410.12, subd. 4, the form of the ballot is to be fixed by the City Council. This subdivision provides that "the statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time." CLL39096 BR291 -7 `s Jerry Splinter Page 2 July 29, 1992 The wording of ballot questions can become very controversial because it is felt by many that the way a question is worded may influence the vote of the electorate. Therefore, the Council should be very careful to attempt to assure that the form of the ballot is as fair, objective and neutral as possible. Perhaps the least controversial statement of the question would be to follow the procedure used in the case of the original vote on a new proposed city charter. When a new charter is proposed, state law requires that the ballot question be "Shall the proposed new charter be adopted? Yes No 11 In the case of amendments, the law requires that they be submitted to the qualified voters at a general or special election and published "as in the case of the original charter." Therefore, I believe that the City would be in compliance with the requirements of law if they were to specify the question to be "Shall the proposed charter amendment be adopted? Yes No U��u�� If the Council wishes to further identify the proposed amendment, the question could state "Shall the proposed charter amendment which was published in the official newspaper on ,1992 and 1992 be adopted? Yes No The last time a charter amendment was voted on in Brooklyn Center was in 1986. A copy of the resolution setting the election and the form of question is attached. Apparently the Council felt at that time that the question should provide somewhat more description of the proposed amendment. This was relatively easy to do at that time given the nature of the amendment under consideration. I do not believe that the law requires the City Council to attempt to explain the proposed amendment or to describe its terms. Rather, it is only necessary to "identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time". Therefore, the burden on the Council is simply to attempt to assure that the ballot question is not confused with some other ballot question and that the voters understand which question they are voting on. If the Council wishes to add some further description of the amendment for this purpose, the question might be "Shall the proposed charter amendment relating to the procedure for filling vacancies on the City Council by appointment or by special election be adopted? Yes No If the Council wishes to make an effort to summarize the amendment in the question or on the ballot, please let mne kno Tho form of the resolution can be the same as the one attached with appropriate changes for the text of the amendment, dates, references to charter sections, text of ballet question and the like. If you have any questions while I am gone, I would suggest you call Dave Kennedy, our resident charter expert. Very truly yours, Charles L. LeFevere CLL cmm CLL39096 BR291 -7 `s /BROOKLYN CENTER TEL: 1 612 569 -3494 Jul 29 92 7:18 No.001 P.09 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 86 -159 CALVING SPECIAL ELECTION FOR SUBMISSION OF PROPOSED AMENDMENTS TO CITY CHAR AND TER FI B �.INO FORM OF BALLOTS r NOVEMBER 4, 19 8 6 WHEREAS, the Brooklyn Center Charter the District Court Commission, appointed Ce nter has on Aug of Hennepin County for the City of Brooklyn Ce ust 25, 1986 delivered to the Mayor of the City proposed amendments to Section �.n3 Chart�:r `^'ilY adopted b t o'= Mlle dome Rule y he Charter Commission; and WHEREAS, the said proposal said Sections 2.03 is to amend e and 4.01 respectively to read in their entirety as follows: (brackets in dicatmaterial .to be deleted, underline indicates new material) Section 2.03. ELECTIVE OFFICERS. The Council shall be composed of a Mayor and four Councilmembers who shall be registered voters of ll Brooklyn Center, and who sha elected at Large. Each Cou be 3 nc.ilmsmber shall serve for a term o [t four (4) years. The Hayor shall serve for a term of (two (x)] four, C11 years. The Counci canvassers of he election of he Mayor -1 a s h a ll the Councilmembers. Section 4.01. THE REGULAR MUNICIPAL'ELECTTON. municipal election shale first A regular l be held on th the first Monday Tuesday aft ex y In November of each y Years at such year) even- numbered, place or places as the City Council may designate. The City clerk shall give at least two (2) weeks previous notice Of the time and election and of the officers to be elected f and o matters such other to be voted upon by Posting i e Y Place in each vvtin i Icz o g precinct and b :•.af.i.'.cJ once in the official newspapers but aib failure o n at least notice shall no invalidate such election. give such THEREFORE, BE IT RESOLVED, by the Of Brooklyn Center: City Council of the City 1• That the question of the adoption of said proposed amendments to the Home Rule Charter of the Ci ty shal be submitted to vote of the electors of the City at a special Election which is hereby cul5.ed to be held at the regular polling places in the City on th of November, 4th day ber 1986 concurrently with the general, city election to be held on said date. /BROOKLYN CENTER TEL: 1 612 569 -3494 Jul 29,92 7 :13 N0.001 P.10 RESOLUTION NO. 86 -159 2• The Clerk is authorized and directed to cause notice of the time and places of holding such election and of the issue to be submitted to the voters by notice thereof once each week in the official newspa e a Of the City for two (2) successive weeks prior t election. d 3• The Clerk is authorized and directed to cause suitable ballots to be prepared for said electi W h; r 1 in subsea ntial' n 7 shall be �y the following fore: SHALL SECTION 2.03 AND SECTION 4.01 OF THE HOME RULE CHARTER OF THE CITY OF BROOKLYN ADOPTED NOVEMBER 8 TER, AS 1966, BE AMENDED CENTER, AS CHA -NGE CITY ELECTIONS TO EVEN YEAR ELECTIONS; CHANGE C OUNCILI+MEMBE.R TERMS FROM THREE 3 YEARS TO FOUR 4 YEARS; CHANGE THE MAYOR'S TERM FROM TWO (2) YEARS TO FOUR (4) YEARS? Yes No 4. Such election shall be held and conducted an te returns thereof made and canvassed in the manner Prescribed by law for such an election in the City.' September 22, 1986 Date ,cra G7S� Mayor ATTEST: i�; The motion for the adoption of the foregoin res seconded by member Gene Lhotka g elution was duly thereon, the following voted in favor thereof: °n vota being taken Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; Dean Nyquist, and the following Voted against the same: whereupon said resolution was declared dul Y none, passed and adopted. s Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION NO. 92 -205 RESOLUTION CALLING SPECIAL ELECTION FOR SUBMISSION OF PROPOSED AMENDMENTS TO CITY CHARTER AND FIXING FORM OF BALLOTS. NOVEMBER 3. 1992 WHEREAS, the Brooklyn Center Charter Commission, appointed by the District Court of Hennepin County for the City of Brooklyn Center, has on July 27, 1992, delivered to the Mayor of the City proposed amendments to Section 2.05 of the Home Rule Charter duly adopted by the Charter Commission; and WHEREAS, the said proposal is to amend said Section 2.05 to read in its entirety as follows: (brackets indicate material to be deleted, underline indicates new material) Section 2.05 VACANCIES IN THE 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.] When, for anv reason. a vacancv should occur in the Citv Council or office of the Mavor. the Citv Council must bublicly declare such vacancv within ten (10) days of its occurrence. The Mayor or Council member shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, [or] (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council[.] or (5) departure of residence from the City. [A vacancy in the Council shall be filled temporarily by the Council and then by the voters for the reminder 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 election authorities shall call a special election to fill the vacancy. The election will be held not sooner than ninety (90) days and not later than one hundred twenty (12 0 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).] RESOLUTION NO. 92 -205 Section 2.05A. PROCEDURES TO FILL COUNCIL VACANCIES. If the unexnired term of the council vacancy is less than one vear. the Council by a maiority vote of all its remainina members shall annoint a aualified nerson to fill the vacancy. If the Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a special election to fill the vacancv. The election will be held not sooner than ninety (90) days and not later than one hundred twenty (120) days followina the occurrence of the vacancv and to be otherwise governed by the provisions of Section 4.03. Special Elections. If the unexpired term of the council vacancv is one vear or lonaer. a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days. The election will be held not sooner than ninety (90) days. and not later than one hundred twentv (120) days followina the occurrence of the vacancv and to be otherwise aoverned by the nrovisions of Section 4.03. Special Elections. If more than two candidates file for the unexuired term. a nrimary election shall be held. The auorum of the Council consists of three (3) members: if at anv time the membership of the Council is reduced to less than three (3). the remaining members may by unanimous action annoint additional members to raise the membership to three (3). THEREFORE, BE IT RESOLVED, by the City, Council of the City of Brooklyn Center: 1. That the question of the adoption of said proposed amendments to the Home Rule Charter of the City shall be submitted to vote of the electors of the City at a special election which is hereby called to be held at the regular polling places in the City on the 3rd day of November, 1992, concurrently with the general City election to be held on said date. 2. The Clerk is authorized and directed to cause notice of the time and places of holding such election and of the issue to be submitted to the voters by publishing a notice thereof once each week in the official newspaper of the City for two (2) successive weeks prior to said election. 3. The Clerk is authorized and directed to cause suitable ballots to be prepared for said election which shall be in substantially the following form: SHALL THE PROPOSED CHARTER AMENDMENT RELATING TO THE PROCEDURE FOR FILLING VACANCIES ON THE CITY COUNCIL BE ADOPTED? YES NO RESOLUTION NO. 9 2- 205 4. Such election shall be held and conducted and the returns thereof made and canvassed in the manner prescribed by law for such an election in the City. August 24, 1992 Date Todd Paulson, Mayor ATTEST: P r h n ou_P Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; P and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. eLAj5 r S 4-e v�^ PROPOSED CHANGES IN THE CITY CHARTER On November 3, Brooklyn Center voters will be asked to vote o change in the City Charter. The change is in Section 2.05 that deals with procedures t t to fill Council vacancies when an elected city council member is not able to complete the term of office. The change will read something like this: 2.05 A ...If the unexpired term of the council vacancy is less than one year, the Council shall appoint a qualified person to fill the vacancy. A council appointment to fill a vacancy is the present practice in accordance with the City Charter. A second part of the Charter change would include the following: 2.05 A ...If the unexpired term of the Council vacancy is one year or longer, a special election shall be called by the Council. ...If more than two candidates file for the unexpired term, a primary election shall be held. When the original city Charter was adopted in Brooklyn Center, the term of office for elected council members was two years. Elections were scheduled yearly. The Charter provided that any vacancy in the City Council would be filled by appointment and then by the voters at the next regular election ;mo (within a year). In 1986, the City Charter was amended by popular vote to make the term of office of Council members a four year term. Regular municipal elections 3 were changed to the even numbered years. A result of this change was that the unexpired term of a vacated council position could be nearly two years` in length and an appointed, not an elected, council member could be representing the people of Brooklyn Center for that length of time. After extensive consideration by the Charter Commission, the conclusions were: w a> Appointments to fill a City Council vacancy should be limited to unexpired terms of less than one year. b> the right of the people to have representative local government would be better served by providing for a special election if the unexpired term is one year or longer. The Commission endorses these changes as in keeping with the ideas expressed in the original charter and enhancing the changes made in 1986. The Brooklyn Center Charter Commission encourages all voters in Brooklyn Center to vote yes on these charter changes in the November election. F: BROOKLYN l CITY NEWSLETTER Please Vote In General Election On Tuesday, November 3 The General Election will be Tues- QUESTION #2: SHALL THE day, November 3, and polls will open BROOKLYN CENTER CITY at 7 a.m. and will close at 8 p.m. COUNCIL BE AUTHORIZED TO LEVY A TAX OF ONE PERCENT On the ballots are the names of can- ON GROSS RECEIPTS FROM THE didates for Federal, State, County, SALE OF LIQUOR AND FROM Judicial, and City offices. THE SALE OF FOOD AT RESTAU- In addition, Brooklyn Center resi- RANTS TO FUND APPROVED HOUSING PROJECTS IN THE dents will be voting on two questions CITY? YES NO as follows: The Charter Amendment will be QUESTION #1: SHALL THE PRO- posted at the precincts and published POSED CHARTER AMENDMENT in the Brooklyn Center Sun -Post for TREVOR HAMPTON RELATING TO THE PROCEDURE voters to review. For polling location FOR FILLING VACANCIES ON information or further information City Has New THE CITY COUNCIL BE relating to the two ballot questions, ADOPTED? YES NO call City Hall at 569 -3300. Police Chief Voters will Decide On Proposed On September 14, the Brooklyn Center City Council, on the recom- Changes In City Charter mendation from City Manager Gerald Splinter, finalized the ap- On November 3, Brooklyn Center change in the City Charter. The pointment of Trevor Hampton as voters will be asked to vote on a change (Section 2.05) deals with pro- Chief of Police to replace retiring cedures to fill Council vacancies when Chief Jim Lindsay. Absentee Ballots an elected City Council member is not able to complete the term of of- Chief Hampton began his new du- Absentee ballots for the General lice. The change will read something ties on September 28. He most re- Election are available at City Hall. like this: cently served as Chief of Police in You can vote by absentee ballot at Durham, North Carolina, for four the Brooklyn Center City Hall, 6301 2.05 A If the unexpired term of the years, and before that was Deputy Shingle Creek Parkway during nor- council vacancy is less than one year, the Chief in Columbia, South Carolina mal business hours, 8 a.m. to 4:30 Council shall appoint a qualified person for four years. He began his law en- p.m., Monday through Friday. The to fill the vacancy. forcement career as a patrol officer City Hall will also be open for vot- and was promoted up the ranks to ing on Saturday, October 31,1 p.m. A council appointment to fill a va- captain in Greensboro, North Caro to 3 p.m.; and on Monday, Novem- cancy is the present practice in accor- lina, where he served for 16 years. ber 2 until 7 p.m. dance with the City Charter. Chief Hampton has a bachelor's If you wish to vote absentee by A second part of the Charterwould degree in industrial technology from mail, please call City Hall at 569- include the following: North Carolina A T State Univer- 3300 to request an absentee ballot sity, and is a master's degree candi- application. Once the completed 2.05 A If the unexpired term of the date in criminal justice at the Univer- applicat is received a ballot will i f So uth Ca rolina. s ty o So He plans to be mailed to ou. (Continued on Page 2) complete this degree in Minnesota. Y g P g�' 1 Proposed City Charter Changes (Continued From Page 1) council vacancy is one year or longer, a In 1986, the City Charter was the Charter Commission, the con special election shall be called by the amended by popular vote to make clusions were: Council If more than two candidates file the term of office of Council members Appointment to fill a City Council for the unexpired term, a primary elec- a four year term. Regular municipal vacancy should be limited to tion shall be held. elections were changed to the even- unexpired terms of less than one year. numbered years. A result of this When the original City Charter was change was that the unexpired term The right of the people to have adopted in Brooklyn Center, the term of a vacated council position could be representative local government w office for elected council members nearly two years in length and an would be better served by providing was two years. Elections were sched- appointed, not an elected, council for a special election if the unexpired uled yearly. The Charter provided member could be representing the term is one year or longer. that any vacancy in the City Council people of Brooklyn Center for that would be filled by appointment and The Commission endorses these length of time. keeping as in es then by the voters at the next regular changes P� g with the ideas election (within a year). After extensive consideration by expressed in the original charter and enhancing the changes made in 1986. The Brooklyn Center Charter Com- RK mission encourages all voters in Brooklyn Center to vote yes on these 3 charter changes in the November s election. 89TH AVE N. 89TH AVE. N. 1-94 �9 b y �Np 2 O AM A Z q m O G A oy ��qy 88TH AVE N. W 83RD AVE. N. GIST AVE N. LU 58TH AVE. N. 58TH AVE. N. Instructional IMIMM r Basketball Program OR 1 An instructional basketball pro ti4� 53RD AVE N gram has been designed for children in grades 3 to 6. Emphasis will be placed on sportsmanship, learning of .z skills and fundamentals of basket ball. cc Classes are one -hour in length and will be held at Garden City School, 54 with a registration fee of 20 for 10 Third and fourth graders will begin on Thursday, November 5, starting at 6:30 p.m.; fifth and sixth graders will �e begin on Thursday, November 5, starting at 7:30 p.m. RT Registrations are accepted imme- I# y �E����� �e�� ��pnfe�� diately at the Brooklyn Center Com- Mt+ munity Center 6301 Shingle Creek Parkway. Please call 569 -3400 for more information. 2 INFORMATION ON PROPOSED CHARTER AMENDMENTS ON NOVEMBER 3RD, BROOKLYN CENTER VOTERS WILL DECIDE AN AMENDMENT TO THE CITY CHARTER: SHALL THE PROPOSED CHARTER AMENDMENT RELATING TO THE PROCEDURE FOR FILLING VACANCIES IN THE CITY COUNCIL BE ADOPTED? YES NO HOW IS THE CITY CHARTER CHANGED? The Charter Commission voted unanimously to add Section 2.05A which includes: ...If the unexpired term of the Council vacancy is less than one year, the Council shall appoint a qualified person to fill the vacancy... ...If the unexpired term of the Council vacancy is one year or longer the Council shall call a special election to fill the vacancy... ...If more than two candidates file for the unexpired term, a primary election shall be held... WHY DID THE CHARTER COMMISSION PROPOSE THESE CHANGES? In 1986 Brooklyn Center voters adopted the following amendments to the City Charter: The terms of office for the Mayor and Council members were extended for four years Regular elections were scheduled every two years in even numbered years only As a result, the current Charter allows appointments to the City Council that last for two years. Although efficiency and continuity in the City Council are served by the appointment process to fill vacancies for the short term Citizens of Brooklyn Center should have the right to have elected representatives on the City Council if the vacancy is one year or longer The proposed amendment is in keeping with the democratic principles contained in the original Charter in that an appointed position on the City Council would be limited to one year PREPARED BY THE BROOKLYN CENTER CHARTER COMMISSION FOR ANY FURTHER INFORMATION ABOUT THE CHARTER AMENDMENT, CALL ONE OF THE CHARTER COMMISSIONERS LISTED BELOW: Allen Anderson 560 -1727 Eileen Oslund 537 -2858 Myrna Kragness 561 -7442 Beverly Wolfe 566 -3889 VYYWVYYYYVYY� /LM /4VVx��r1YVVVVV �VV��x VVVVYYMY�� �w V0 S s rar Aer Page Five in favor ofthis charter amendment. after a long study, When the char- s ter change was presented to the $TOQkl Cen", J e "soon o ff+ voted o t .vpte by the VO�E'.TS It Ja ee r d 1 seats acre failed r� -a z i NORTHWEST NEWS Brooklyn Center voters will`be ►Dl 000 deciding on an ame idrnent to the.- City Charter at the November 8rd dote or Ci Charter C h a nge election. The ameNridmen° is g cerned with changes- fring the unexpired term of a city cczuncii To the editor: vacancy.. There are three main Points to the change- On election day, November 3, the citizens of Brooklyn Center If the unexpired term of the. will have the opportunity to vote on an important change to the council vacancy is less than one city charter. The Charter Commissions has proposed that the year, the council shall aptpoint a appointments to the city council to fill a vacancy be changed. qualified person to fill` the vacancy. If the 'unexpir term is ode The suggested change is as follows: year or longer, the council shall call a special election t© fill the vacancy. If the appointment is for less than one year, the city council If more than two candidates should make an appointment to fill the remaining portion of the file forthe unexpiredterrn, thecoun- term. cil shall call a primary eleco_` This proposed change in the If the appointment is for more tharj ne year, a special election charteris an extension ofthe change should be held to determine should fill the vacancy. voted by the people in 1386_ That The Charter Commission determinedthat this change shouldbe amendment extended the term of presented to the citizens so they can decide if a special election office of the mayor' and council should be held to fill a longer tenri vacancy to the city council, members to four year terms. Regu There are vests involved with a special election. However, a lar elections were changed to every special election provides the :citizens with ,a greater Voice in otheryearin evenriumberedyears determining who will serve on the city council. As a result, the current charter allows that an appointtnenttafill a I urge the citizens of Brooklyn Center to be sure to vote on this vacancy could last taro years, amendment on election day, November 3. By amending the charter ia- 1 992 election, ;voters: in Brooklyn Ron Christensen Center will regain their right.. to Member, B Cl �oinssion .have an elected r -w6 to fill a long term vacancy in the' city council_ At the same time, the coun- cil will retain the right to provide_. efficiencyand continuity by Yiaving the short term appointments to fill an u r c ©un cil_; rX2I= r NJLXJLJLJLAJLJLJU Voters decide how to Vfty Council vacan les Change in Brooklyn Center charter is required z r a qL- zA g Y Brooklyn Center residents government, except for short- by the Charter Commission: tion is less than one year, the t i o n s were, held y early. will have the opportunity to term appointments, said council shall appoint a Therefore, any vacancy in the vote on how City ouncil Eileen Oslund, member of Approximate wordin g on qualified person to fill the i City, Council that had been fill- vacancies will be f lied mid- the commission. a. It's important baot: t on...Ho ev s However, if the unex- by appointmentL would in term. to have "elected represen- "Shall the proposed charter pired term of a vacated City turn be filled by the voters at A majority yes vote would tatives at the government amendment relating to the Council position is one year or the yearly election, change wording on the city that's closest to you, she said' procedures for filling vacan- longer, a special election shall In 1986, the City Charter was charter that would allow Even though you don't realize cies on. the City Council be be called b the council...If amended 'to four rm Y ear a s Y i voters to decide who will ,fill it, it propbably affects you in adopted? Yes No L more than two (2)- candidates for mayor, and ',City Council r' out a position for two years or Your day-to Vie• file for the unexpired term, a members, Elections were i? more.. The council would be The City Charter' Commis What is it about? primary election shall be scheduled every two years, L. allowed to appoint someone to sign, after studying the amend- Changes in section 2.05 of the held." even= numbered years, As a fill out a term of less than two meet for about two years, ap- Brooklyn Center City Charter result, cou aeattey ld !occur years, proved it unanimously,, Background: whichrwond f h�nrap� The change `is based on the Following is a' summary .of Summary of changes; The original charter proved pointed p ots f0t ja r]y two rights of citizens to choose the charter amendment, sup- 2.05A. If the unexpired term ed for two -year terms for y ears ti representatives in local plied by Oslundand assembled of a vacated CityCounGil pose elected officials. General elep il WOW F .r.�r.,� vv +Z K1GX IOL.lfll'7CICiif LYri'71 M'117tT"" (Continued From Page 1) Proposed City Charter Changes... Voters Will Decide On Proposed council vacant is one y ear or longer, a In 1986, the City Charter was special election shall be called by the amended by popular vote to make y y g Changes In City Charter C::u; s L R Council...If more than two candidates file the term of office of Council members 1 On November 3, Brooklyn Center change in the City Charter. The for the unexpired term, a primary elec- a four year term. Regular municipal voters will be asked to vote on a change (Section 2.05) deals with pro tion shall be held. elections were changed to the even- cedures to fill Council vacancies when numbered years. A result of this an elected City Council member is When the original City Charter was change was that the unexpired term not able to complete the term of of- adopted in Brooklyn Center, the term of a vacated council position could be fice. The change will read something of office for elected council members nearly two years in length and an like this: was two years. Elections were sched- appointed, not an elected, council uled yearly. The Charter provided member could be representing the 2.05 A If the unexpired term of the that any vacancy in the City Council people of Brooklyn Center for that council vacancy is less than one year, the would be filled by appointment and length of time. Council shall appoint a qualified person then by the voters at the next regular to fill the vacancy. election (within a year). After extensive consideration by A council appointment to fill a va- the Charter Commission, the con- cancy is the present practice in actor- elusions were: dance with the City Charter. Appointment to fill a City Council A second part of the Charter would vacancy should be limited to include the following: unexpired terms of less than one year. 2.05 A If the unexpired term of the The right of the people to have representative local government (Continued on Page 2) would be better served by providing for a special election if the unexpired term is one year or longer. The Commission endorses these changes as in keeping with the ideas expressed in the original charter and enhancing the changes made in 1986. The Brooklyn Center Charter Com- mission encourages all voters in Brooklyn Center to vote yes on these charter changes in the November election. 7 ,City of Brooklyn Center QC (Official Publication) {FQ CITY GENERAL ELECTION CITY OF BROOKLYN CENTER, MINNESOTA NOVEMBER 3, 1952 INSTRUCTIONS TO VOTERS VOTE, COMPLETE THE ARROW 4m we POINTING TO YOUR CHOICE LIKE THIS 4• —md CITY OFFICES CITY OF BROOKLYN CENTER COUNCIL MEMBER (VOTE FOR UP TO TWO) BARB KALLIGHER #0 y KRISTEN MANN JERRY PEDLAR 41 DAN REIVA 4 111111 y INSTRUCTION TO VOTERS: To vote for the said proposition, complete the arrow next to the a word "YES" below the proposition. To vote against the sago complete the arrow next to the word "NO SHALL THE PROPOSED CHARTER AMENDMENT RELATING TO THE PROCEDURE FOR FILLING VACANCIES ON THE CITY COUNCIL BE ADOPTED? YES 40 y w, NO 40 Will :`x SHALL THE BROOKLYN CENTER CITY COUNCIL BE AUTHORIZED TO LEVY A TAX OF ONE PERCENT ON GROSS RECEIPTS FROM THE SALE OF LIQUOR AND FROM THE SALE OF FOOD AT RESTAURANTS TO FUND APPROVED HOUSING PROJECTS IN THE CITY? YES 4M of N040 Sharon Knutson Deputy City Clerk CITY OF BROOKLYN CENTER (Oct 21, >--R City of Brookip ft9e1 Precinct 7 Cross of Glory Lutheran Church NOTICE OF MUNICIPAL 5929 Brooklyn Boulevard GENERAL ELECTION Precinct 8 Northport Elementary School CITY OF BROOKLYN CENTER 5421 Brooklyn Boulevard NOTICE I8 HEREBY GIVEN that the Municipal General Election will be held in the City of Brooklyn Center on the 3rd day of November, 1992, between the hours of 7 am. and 8 p.m. for the following purpose: Sharon Knutson To vote for or against said proposition: Deputy City Clerk WHEREAS, the said proposal is to amend said Section 2.05 to read in its entirety as fol- (Oct. 21, and Oct." 28, 1992 ).Broolt p. lows: .raa,• o at t (brackets indicate material to be deleted, underline indicates new material) Section 2.05 VACANCIES IN THE COUNCIL. [The office of Mayor or Council member shall 19W 33A become vacant upon death, resignation, removal from office in any manner authorized bylaw BTpp[t or forfeiture of the office) for an v reason. q vgcg n should occur in thq (`itv Cnun�ij gL_Qfflce of the Wor Cij;X Council must publicly declare such vW=gX within ten (10) d= of its own rronc e. 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 bylaw, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, [or] (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council[.] or (5) departu of residence from th City. [A vacancy in the Council shall he filled temporarily by the Council and then by the voters for the., .,:er 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 election authorities shall call a special election to fill 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 a. :__ad 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 mem- bars may by unanimous action appoint additional members to raise the membership to three (3).] Section 2.05A. PROCEDURES URES TO FTI: Cf)T TNCIL VACANCIES, If .h m �n ired term of the council vacalisy is fesgthan on_Mr. the Council by a mainrity vote of all ita remaining gigmhers g hall'aplIoint a g ualifleq ngrsoq to rill the vi, a if thq t:nclnFil fails to f,!jl a.. vacancv within thjr davR. the Qity Clerk'shall Cal] a s pecial el an.tinn to fill the vacancy vacancy. pl ection wilwil helrl not sooner than n lnetv (90) days jMj not l ater ..tha nne hugdrrnd twenty (120) days fallowing the occurrence of the vacancy and to he QQerwise governed by the provisions of Section 40.1 q ueciai Elections. If the unexpired term of the councjj,vacencv is aneyear or longer, a {nl 41ect.ior, shall be called by the Co by he .ity Cl .rk iI the Council fai ts to t'et withi thir (30) d gvs. The electinn will be heir) nn§ son-ar than vs yri Rtv (901 days. sn "gt igttir t han one hun dred twenty (120) rla fol]pwina the ntfclirrsr", the vacalnev snq to hf, oti pr} t.RO voyprnsd by the nmvisions of Section 4:03 Special Elections. Ifmore than two candidates file for the un :fir erm: a rnimary election shall beheld: Tha gg_orum of tjtg.Councif cox is .s of three (3) m bers, if at any time the member shm of the (`.ouncil is rgdyeQd to Igg- than three (3). the remaining members ma by ny maul action noonint additi n*mbe to raise the mPmhP to t,hr (3). SHALL THE PROPOSED CHARTER AMENDMENT RELATING TO THE PROCEDURE FOR FILLING VACANCIES ON THE CITY COUNCIL BE AD vcr tR y w•/ •w.rwr�/w/r /YYYYVYWVWti/VYMdVVW t_� L. on if explains eharer more file r1t1 for the office. ame Urges_ The Charter Commission felt that these changes in the ap- Yes VOtt* NOV. 3 pointment /election processes C. Sa n1 5' complete the changes approved Q 9 To the editor: p by the voters in 1986, when the When the Brooklyn Center term of the mayor and council voters decide on the amendment NO members was extended to four to the city charter, there are two year terms. things to remember:' 1) the Asa former member, re- charter has nothing to do with cent chairman of the Charter the sales -tax referendum; and 2) the charter amendment has Commission I urge the voters to I vote yes on the charter to do with elected, rather than amendment. appointed, representation when Ed Cammers filling a long -term vacancy on the council. The Charter Commission studied the question of the ap- PAID ADVERTISEM poinatg process to fill vacan -VOTE ties the time that I was a �ft member of the commission. The commissioners looked at the ap- pointment process from many ales. ookl n Center. When a filly a th Y Y Feed on the time Emits and the wording, it was presented to the City �f Council, along with a request that the amendment be put on'� the ballot for this November's election: Although the changes are N DM ENT quite lengthy taking out parts of section 2 .05A Vacancies in prepared and paid "to the Eirootdyn Center City Charter CarYVnisston. the council," and adding asec Alen Anderson Chairpersan, 5361 Fkuriboldt Ave N, BrooldYn Centex MN 56430, lion on 2.05A Procedures to fill council vacancies," the wording of the question on the ballot only states that there will be changes as occurred in 1991 in the procedures for filling pt j n can be appointed t a vacancies on the City Council. It Reader: Vote yeS `L council position without benefit does not tell the voters what the am of an election and remain in of changes are. On amendment to five for two years. Members of To summarize, the changes the Charter Commission strong- are to limit an appointment to Cl charter ly feel- only council that fill a council vacancy to less members who are elected by the than one year. Secondly, the To the editor: voters should serve longer than amendment provides for an For the past three years, the a year h the council. election by by the people of Brooklyn Center Charter -Com- I urge voters to vote yes on the Brooklyn Centex if the vacancy mission has been working on an to be filled is a year or longer. amendment to the city charter Proposed charter amendment.' Thirdly, the amendment pro- concerning the filling of unex- vide chairwoman, Bev Wolfe, Brooklyn pined terms on the Brooklyn Center Oka commission Center City Council. This sum- mer, the commission unanimously passed a charter amendment which will be on the Nova 3 ballot. This amendment requires a special election to be held whenever a council vacancy oc- curs and there is more than one year left to the term. uu BROOKLYN CENTER CHARTER COMMISSION NOVEMBER 18, 1992 7:00 P. M. AGENDA NOTE: Meeting will be held at the TACK Room at the Earle Brown Heritage Center. DIRECTIONS: Enter the main convention hall through the circular entrance. There will be signs to direct you to the Tack Room in the basement. 1. Call to Order 2. Roll Call 3. Approval of October 21, 1992, Minutes (attached) 4. Correspondence A. Letters to NorthWest News and SunPost RE: tonight's meeting and vacancies on the Commission B. Letter to Geraiyn Barone for City Newsletter RE: Vacancies on the Commission 5. Old Business A. Vote outcome on amendment to Section 2.05, Council Vacancies B. Preamble 6. New Business A. Appointment of Nominating Committee for 1993 Officers 7. Next Meeting Date 8. Adjournment Vote on amendment to Section 2.05, Council Vacancies was: Yes _O�_(� No BROOKLYN CENTER CHARTER COMMISSION OCTOBER 21, 1992 MEETING MINUTES 7 P. X. Arts Crafts Room, Community Center CALL TO ORDER The meeting was called to order by Chairperson Allen Anderson at 7:06 P.M. ROLL CALL Members present: Allen Anderson, Ulyssess Boyd, Everett Lindh, Eileen Oslund, Susan Warner, Ted Willard, Beverly Wolfe Members absent and excused: Ron Christensen, David Hildebrandt, Myrna Kragness, Tony Kuefler, Marie Nyquist Members absent and unexcused: Donald Gilbert, Dennis Snook NOTE: We have one vacancy on the Charter Commission at this time. INFORMAL DISCUSSION As there was not a quorum present at tonight's meeting, no motions were made. Informal discussion was held on the different things that have been prepared for publication regarding the proposed amendment to Section 2.05. Eileen Oslund, Chair for the Publicity on Section 2.05, stated that there is an article in the SunPost on October 14th. There is some incorrect information in that article, and the SunPost will run a correction to that article in their next issue. Eileen also stated an article was prepared for the NorthWest News for their October 12th issue. A flyer was inserted in the City Newsletter which just came out, and many members wrote letters to the editors of either the SunPost and /or the Northwest News. There also was an ad placed in the SunPost per instructions from the Charter Commission at their last meeting to vote yes on the proposed amendment. i It was stated that the clean up at Firehouse Park was done. Chairperson Anderson stated that Ed Commers will be presented with his plaque of appreciation for service to the Charter Commission at the City Council meeting on October 26th at 7 p.m. Other members were encouraged to attend. Donald Gilbert has informed the Charter Commission that he is moving out of Brooklyn Center; therefore, we will have another vacancy. The next meeting will be Wednesday, November 18th at 7 p.m. R sub 'tted, Carole J. Blowers, C.P.S. Chair: Allen Anderson Administrative Assistant Secretary: Eileen Oslund INFORMATION ON PROPOSED CHARTER AMENDMENTS ON NOVEMBER 3RD, BROOKLYN CENTER VOTERS WILL DECIDE AN AMENDMENT TO THE CITY CHARTER: SHALL THE PROPOSED CHARTER AMENDMENT RELATING TO THE PROCEDURE FOR FILLING VACANCIES IN THE CITY COUNCIL BE ADOPTED? YES NO HOW IS THE CITY CHARTER CHANGED? The Charter Commission voted unanimously to add Section 2.05A which includes: ...If the unexpired term of the Council vacancy is less than one year, the Council shall appoint a qualified person to fill the vacancy... ...If the unexpired term of the Council vacancy is one year or longer the Council shall call a special election to fill the vacancy... ...If more than two candidates file for the unexpired term, a primary election shall be held... WHY DID THE CHARTER COMMISSION PROPOSE THESE CHANGES? In 1986 Brooklyn Center voters adopted the following amendments to the City Charter: The terms of office for the Mayor and Council members were extended for four years Regular elections were scheduled every two years in even numbered years only As a result, the current Charter allows appointments to the City Council that last for two years. Although efficiency and continuity in the City Council are served by the appointment process to fill vacancies for the short term Citizens of Brooklyn Center should have the right to have elected representatives on the City Council if the vacancy is one year or longer The proposed amendment is in keeping with the democratic principles contained in the original Charter in that an appointed position on the City Council would be limited to one year PREPARED BY THE BROOKLYN CENTER CHARTER COMMISSION FOR ANY FURTHER INFORMATION ABOUT THE CHARTER AMENDMENT, CALL ONE OF THE CHARTER COMMISSIONERS LISTED BELOW: Allen Anderson 560 -1727 Eileen Oslund 537 -2858 Myrna Kragness 561 -7442 Beverly Wolfe 566 -3889 EtXt.0SCAP INFORMATION ON PROPOSED CHARTER AMENDMENTS ON NOVEMBER 3RD, BROOKLYN CENTER VOTERS WILL DECIDE AN AMENDMENT TO THE CITY CHARTER: SHALL THE PROPOSED CHARTER AMENDMENT RELATING TO THE PROCEDURE FOR FILLING VACANCIES IN THE CITY COUNCIL BE ADOPTED? YES NO HOW IS THE CITY CHARTER CHANGED? The Charter Commission voted unanimously to add Section 2.05A which includes: ...If the unexpired term of the Council vacancy is less than one year, the Council shall appoint a qualified person to fill the vacancy... ...If the unexpired term of the Council vacancy is one year or longer the Council shall call a special election to fill the vacancy... ...If more than two candidates file for the unexpired term, a primary election shall be held... WHY DID THE CHARTER COMMISSION PROPOSE THESE CHANGES? In 1986 Brooklyn Center voters adopted the following amendments to the City Charter: The terms of office for the Mayor and Council members were extended for four years Regular elections were r g ectso s e e scheduled every two years in even numbered years only As a result, the current Charter allows appointments to the City Council that last for two years. Although efficiency and continuity in the City Council are served by the appointment process to fill vacancies for the short term Citizens of Brooklyn Center should have the right to have elected representatives on the City Council if the vacancy is one year or longer The proposed amendment is in keeping with the democratic principles contained in the original Charter in that an appointed position on the City Council would be limited to one year PREPARED BY THE BROOKLYN CENTER CHARTER COMMISSION FOR ANY FURTHER INFORMATION ABOUT THE CHARTER AMENDMENT, CALL ONE OF THE CHARTER COMMISSIONERS LISTED BELOW: Allen Anderson 560 -1727 Eileen Oslund 537 -2858 Myrna Kragness 561 -7442 Beverly Wolfe 566 -3889 BROOKLYN CENTER CHARTER CtJ?LvIISSION NEETING XIAUTES City Hall CALL TO ORDER The meeti call to order by Chairperson :Alen Anderson at 7: P. M. ROLL CALL sheIl Dr BSent: Allen Anderson, Ulyssess Boyd, Davi Hildebrandt -Myrna Kragness, Everett Lindh, Xarie N uist, Eileen Oslund, Dennis Snook, Beverly Wolfe Members absent I and excused: Ron Christensen, Tony Kuefler, Susan Warner Hember.s absent and uneycused: Donald Gilbert Ted iii NCTE: We have one vacancy on The Charter Commission at tnis time. APPROVAL OF :MINUTES `IG1 On b` Everett Li ndh, seconded by David rildebran_d to ap -rove t meet i nT as presented, motion passed unanci nousiv. -:,a, e r were =ent t0 the Bra T1 Cen C �T Okl T. t Sun ost and NortIl r dJ ag t. Pt we'= i n�T ilF?wS e0:ar a letter Was received from Donn Escher re-re comments on t preamble, -A letter was sent by Tony Kuefler to the Chief judge asking for reappointment; a letter was received from the Chief Judge reaDDointing him to another 4 year term (term c ex) ire OLD 3USINESS ?ev Wolfe, Chair for this sub committee, :Mated the letter from Donn Escher `7clver �h'anVin� the word "insure" i-o "-2n;urell -u 0!jrP -P c ­4 5 -reamble was a ain discussed. K•ev also stated that Sae CCn.,acte; the Attorney c eneral's office regarding their opini on as far as the "reamDle on t Charter. She was told that we should re to ra -t__ tr �Ur __t attornev Ior nZS !?c�! rJDIn'_OP_: LLe CiLt� atT,Crne'i s ^otlld re ar t" Ma .,ter to t he _'i- t=j_ev General 's office j n Turf v t a Attorney eYera_ =Pare :e ia= :e=', e :ifit 1a- _T' The article -Drepared for the next City Newsletter on Section 2,05 was reviewed, Ulyssess Boyd questioned the word "qualified" and why it should not include past mayors or council members. Members reiterated the fact that this issue was dis- cussed and dropped from the proposed change because of it may have not been legal. Publicity regarding the proposed amendment was discussed. It was decided that first of all a news article from the entire commission explaining the proposed change should be placed in the SunPost and Northwest News. Secondly, individuals members could write separate letters of support to be published in both papers, spaced out over the next several weeks. Motion by Everett Lindh, seconded by David Hildebrandt to place an ad in the SunPost stating to vote YES on the proposed Charter amendment. Donald Gilbert, Myrna Kragness, Eileen Oslund, and Bev Wolfe are on the publicity sub committee and will meet and work on these items. 4 St�acpt Prc�t�r�g�; Myrna Kragness stated that she has set up Firehouse Park (65th and Bryant) with the City regarding the Charter Commission's participation in the aforementioned program. The first clean up will be Saturday, October 3rd at 10 a.m. Everyone should meet at the park. Bags, gloves, etc. will be provided. The following dates for 1993 have been set up tentatively: April 10, July 10, and September 11, as 19 3. Myrna will contact the city with these dates, and if there is a conflict with any of These, she will contact members. NEV BUSINESS Chairperson :Anderson stated that everyone should have received information regarding the Heritage Festival on October 24, 1992. If you wish to participate, complete and return the registration form that was sent to you with tonight's meeting rmaterial. NEXT MEETING DATE It was the consensus of the members present to set our next meeting date for Vednesday, October 21, at p m. ADJOURNMENT Motion_ by Dave Hildebrandt, seconded by Dennis Snook to adjourn the meeting at 7:54 p.m. Resnectfuliy submitted, Carole J Blowers, C.P.S. aiministrative :Assistant C'nair: Allen Anderson SecreT,ar1 2 4 1 Teen Os_und o1 2 P ages 9 I -_2 f BROOKLYN CENTER CHARTER COMMISSION :iCsV_X-E-k 1 -3 1 ;ara7 WEETIXG HIKITES 7 P.X. Tack Room, Earle Brown Heritage Center CALL TO ORDER The meeting was called to order by Chairperson Allen Anderson at 7:04 P.M. ROLL CALL :embers present: Allen Anderson, Ulyssess Boyd, David Hildebrandt, Myrna Kragness, Tony Kuefler, Everett Lindh, Marie Nyqui.st, Eileen Oslund, Dennis Snook, Susan Warner, Beverly Wolfe, Tim Willson Members absent and excused: Ron Christensen Hembers a sen' and unexcused: Ted Willard 7 We have on vaca on the Charter Commission at this time, whi ch was createdi -oy the resig in, ati on of Donald iiTbert. APPROVAL OF MINUTES The mdnutes of October 21, 1992, were aaproved. INTRODUCTION OF META MEMBER M.r. Tim Willson has been appointed to the Charter Commission to replace the vacancy created when Ed Commers completed his terms. OLD BUSI3 J°.Can iecc 171 4 1 1P Char AI Anderson commended Eileen on _T O n hE? he gr Job she d id o vubllcations and letters regardi the proposed amendment to Section 2. i'as stated on the agenda for tonight's meeting, there were 8,609 yes votes and 3,916 c votes on this amendment, Tony Kuefler was also commended on his plan for m liementi-�� t -e. i_� cnan C Agai the pur pcse of the preamble Was brought up. There has been very little response ,_gym articles in the newsletter and newsparer. Some feel tQeS i5 not encu3 'interest in hav4ng cne Bev Wol =tit fpTt it should rleS?T, LO the Cit7 council, J.ia --naL, se -ded 7 _'a+__ _:r�abrandt tC taws L' ea-b I e u-' a ._r w_.=, �?,I`� =ef? 'a'_ absta�na a y NEV BUSINESS m int dent ar_" Nn Hati CQ=,ittea. Chair Al Anderson appointed Everett Lindh, Tony Kuefler, and Bev Wolfe to be the nominating committee for names to be submitted at the annual meeting in January for Chair, Vice Chair, and Secretary. NEXT MEETING DATE It was the consensus of members present not to meet in December. The next meeting will be January 27, 1993, at 7 p.m. ADJOURI9' IT Motion by David Hildebrandt, seconded by Everett Lindh to adjourn the meeting at 7:25 p.m. Respectfully submitted, -7, Myrna Kragness (In Carole Blowers' absence) Glair: Allen Arderscp ary _a�n iV =hind 2 of 2 Pag to