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HomeMy WebLinkAbout1990 01-24 Subcommittee on Council Vacancies SUMMARY OF CHARTER SUB COMMITTEE NAME OF SUB COMMITTEE: C L/01 DATE FORMED: CHARGE TO THE SUB COMMITTEE: 4-) 'ry v 56(q CHAIR/MEMBERS TO THE SUB COMMITTEE: -e I.- :a c A Da L; 4) 4a 1 4 i 1 f"2 p9na DATES OF SUB COMMITTEE MEETINGS: COMMISSIO7 MINUTES DISCUSSING THIS SUBJECT: .Z/ 7/90 1,5 4� 9 j�k /g 4 NI 0 0 4 3 OUTCOME OF SUB COMMITTEE'S ACTIONS: No Change Made to the Charter Change Made to the Charter via Ordinance 6y First Reading Second Reading Effective Date of Ordinance Change to Charter ANY ADDITIONAL COMMENTS: t e- k--s JV AqL C/ CA?o e S C, n 4C OLD BUSINESS Recognitio e of Mario Castle: e Chairperson Heitzig read t F g he council resolution P assed at the City Council meeting early in April of this year regarding "Expressing Recognition of and Appreciation for the Dedicated Public Service of Marie Castle In summary, Marie served on the Charter Commission from February 14, 1985 to February 15, 1989. During that time, she served on numerous ad hoc committees throughout her term, and the entire commission wishes to thank her for her fine contributions to our commission. Chairperson Heitzig stated her disappointment that at this and other City Council meetings, the actual resolution for parting members was not read aloud. She stated that she felt the time should be taken to actually read these resolutions. It was the consensus of the group that the City Council be encouraged in the future to read the entire resolution as a gesture of respect to these people for the time and effort they put forth in being members of the commission. Chairperson Heitzig stated P that our customary omar member recognition y g n plaque was prepared and available for John Lescault tonight, and she would see to it that he receives it if he does not attend tonight's meeting. NEV BUSINESS Chairperson Heitzig stated that there has been a resignation on the City Council by Gene Lhotka, effective the end of April. According to the City Charter, the City Council appoints someone in thirty days; if they do not, there will be a special election. It was suggested by Chairperson Heitzig that members should review Sections 2.03 2.04, and 2.05 of the City Charter to see if they feel there is a need for clearer wording of these sections. NEXT MEETING DATE Upon consensus of the members present, the next Charter Commission meeting will be held on Wednesday, September 27, 1989, at 7 P.M. If anyone feels a need to meet before then, please contact Chairperson Heitzig. ADJOURNMENT The meeting was adjourned at 7:22 P.M. Respectfully submitted, Ca le J. B1 ers C.P.S. Administrative Assistant Chair: Mary Heitzig Secretary: Barbara Sexton -2- 4-26-89 OLD BUINESS (Rev of Charter Sections Regardin VaL anaje s o n the Council: Chairperson Heitzig proceeded with discussion of the charter sections- pertaining to council vacancies (Sections 2.03, 2.04a, 2.04b, 2.05, and 2.06). At our last meeting, she had asked the members to review these sections over the summer to see if there was any need for revisions. Various questions arose such as quorum of the Council (last sentence of Section 2.05); meaning of qualified persons; private employment section; employment for the City (should maybe be BY the City); and conviction of a crime involving moral turpitude. At this point, the Chair asked the Administrative Assistant to present her recent research on metro charters. The Administrative Assistant explained that as a class assignment, she did some research for the Charter Commission this summer. First of all, copies of the 31 metro area charterd cities were obtained to start a reference library for the Brooklyn Center Charter Commission members. Most copies were obtained free of charge. Ten cities required some type of payment, for a total expense of $94,80. This expense was pre approved by the Executive Committee. The Administrative Assistant then explained she reviewed these charters, in particular the section on council vacancies. Her findings were as follows: Approximately 17 used the key words "eligible person" to fill a council vacancy; three used "qualified" person; one used "a successor and one stated the person "must meet qualifications of the charter Nine charters had very specific, detailed language and much time and effort was spent in spelling out the timing of filling such vacancies. Copies of the more detailed charters were provided to members of the commission for their review and comment. A summary of all metro area charters as found by the Administrative Assistant was also provided to members. Other facts provided by the Administrative Assistant was 108 cities out of 854 Minnesota cities have charters. The six metro cities whose populations are similar to Brooklyn Center's are: Blaine, Coon Rapids, Crystal, Fridley, Minnetonka, and Richfield. Members briefly reviewed the material provided to them from the Admin- istrative Assistant and various comments were made as to information about other cities and how they worded this particular section on council vacancies. It was the consensus of the commission to review this information and come back to our next meeting with suggestions /ideas for change /clarification in wording in this section of our charter. -2_ 9 -27 -89 r Review o f Cbar-t—er Sectin Regardin V acant es on th e Council;_ Chairperson Heitzig proceeded with discussion regarding the revision of the charter sections pertaining to council vacancies (Sections 2.03, 2.04a,. 2.04b, 2.05, and 2.06). Members were to review these sections as well as the information provided by the Administrative Assistant from other metro city charters on these sections. Commissioner Ed Commers suggested that he felt a combination of Brooklyn Park's and Brooklyn Center's wording could be a possibility. He provided members with a copy of this proposed wording for Section 2.05. Discussion that followed Commissioner's Commers' suggested wording prompted questions such as: who declares a council vacancy and when should the vacancy be published what if the term of office created by a vacancy is more than one year in length exactly how many days should the council be allowed to fill a vacancy what is the process or procedure for someone who wants to fill a vacancy the area on moral turpitude may be outdated where is there a charter section on removal from office? Motion was made by Ed Commers, seconded by Everett Lindh to delay this issue until our next meeting; at that time, the new Chairperson will appoint a subcommittee to study these issues. Motion passed unanimously. At this point, the Chairperson was questioned as to the status of the Mayor Nyquist's ethical behavior investigation regarding his personal business/ company. It was stated that this subject is being watched, and he is innocent until he is proven guilty. REV BUSINESS Appointment of Nominati C ommittee for Officer Nomine f or Annual X f Chairperson Heitzig appointed Ben Chatelle, Ed Commers, Beverly Wolfe, and Barbara Sexton (Chair) as the Nominating Committee. This committee will provide names for the full commission's consideration for Chairperson, Vice Chairperson, and Secretary for 1990. These names will be presented to the full commission at the Annual Meeting in January. Uj2datp on Va cancies on the Charter Commission Mary Heitzig's term expires December 1, and she cannot be reappointed as she has served eight years on the commission. Everett Lindh's term expires January 14, 1990, and he wishes to be reappointed as stated earlier in these minutes. Neil Smeaton's term expires January 27, 1990, and he cannot be reappointed as he has served beyond his two full four year terms. -2 11 -29 -89 C COMMITTEE APPOINTMENTS: The following people were asked and agreed to fill the following appointments: Audit: Al Anderson Public Relations: Ed Commers Rules /Parliamentarian: Ron Christensen SALARY FOR ADMINISTRATIVE ASSISTANT Motion by Tony Kuefler, seconded by Mona Hintzman that the Administrative Assistant receive a 4% pay increase (present salary is $14.00 /hour). Motion passed unanimously. CORRESPONDENCE Chairperson Sexton stated letters were written to the Editor of the Brooklyn Center Post regarding tonight's meeting as well as the one vacancy we will have on the commission as of December 1. Both items did NOT appear in the Brooklyn Center Post. At this point, Mr. Splinter provided the commission with the new editor's name: John Kerr. Discussion was also held regarding using the city's newsletter. Ed Commers stated that an article on our vacancies and the availability of minutes /agendas to the Public will be in the newsletter distributed in February. The City lewsletter is distributed approximately six times a year (i.e., almost every other month). Mr. Splinter also stated that it may be possible in the future to include city news in the Weekender paper that is distributed to all homes. Chairperson Sexton stated a letter was sent to the City Manager regarding the new truth and taxation law inviting him to attend our Annual Meeting tonight with any further information on this subject. A letter was sent to Chief Judge Lindberg expressing the wishes of Everett Lindh to be reappointed to another four year term. His first four year term expires on January 14 1990 As of t P y his date, we have not had a reply to this letter. OLD BUSINESS Appointment of Sub Committe Regardinq Vacancies on the Council: Chairperson Sexton appointed the following commissioners to the sub committee on council vacancies: Ed Commers (Chair), David Ault, and Mona Hintzman They are charged to provide alternative suggestions for revision of the charter sections pertaining to council vacancies (Sections 2.03, 2.04a, 2. 04b, 2. 05, and 2. 06) Page 2 of 4 1 -24 -90 *RaWrt o n Legislati C hanges City Manager, Gerald G. Splinter, stated that the new truth and taxation laws affected Section 7.06 of the existing charter. He passed out a sheet with possible revision to that area of the charter. Mr. Splinter also suggested that the City Clerk, in reviewing the city charter, feels the wording must be changed in Section 3.41 of the city charter. This part of the charter deals with the process of swearing in a new council member. Mr. Splinter stated he would check with the League of Municipalities and the city attorney regarding both of these items and then will prepare a package of materials stating both the present and proposed wording for these two sections in the near future. *Ugd,ato on Vacancies on the Charter Commission Neil Smeaton's term expires January 27, 1990, and he cannot be reappointed as he has served his two full four year terms. With this term expiration, the commission will currently have two vacancies. Dennis Kueng's term expires March 4, 1990, and he cannot be reappointed as he has served eight years on the commission. The Administrative Assistant stated that she is working on getting the community service plaques prepared and completed for the first meeting in February for both Mary Heitzig and Neil Smeaton, REV BUSINESS At this point in the meeting, Commissioner Ulysses Boyd presented an idea regarding council vacancies. This suggestion is regarding if the number of members drop below three, he feels that the vacancies should be filled with someone who has previously been on the council or is involved in other city commissions who has some knowledge of city government. Commissioner Commers asked Mr..Boyd to provide this suggestion in writing to the Administrative Assistant so that the sub committee can examine and discuss it when they meet. Commissioner Christensen also stated at this time that he felt that the Charter Commission should somehow have some oversight over the person selected by the remaining council members to fill a vacancy. Commi sioner e Kuefler suggested that a maximum time length be put on someone 's eR a4 ag t -i-me oar, -nn M �r-h time- the y_.mus. t he.of -f-- ie-tweer -terms. He C. is, also felt that' pe r� p �`fi eesento fill a vacancy should have former council experience or community involvement. Commissioner Hintzman stated that she felt if the time to fill a vacancy was short, someone should be appointed; if along time, a special election should definitely be held.. It was suggested that anyone else who has other ideas on this topic should supply them to the sub committee for their consideration. Commissioner Anderson asked that new membership rosters be provided. Page 3 of 4 1 -24 -90 BROOKLYN CENTER CHARTER COMMISSION SUB COMMITTEE MEETING MINUTES MARCH 7, 1990 7. P.M. CITY HALL Sub Committee on Council Vacancies: Present: Edward Commers (Chair), Mona Hintzman, David Ault, and Carole Blowers (Administrative Assistant) The meeting was called to order by Chairperson Edward Conn rs at 7:08 p.m. The Administrative Assistant passed out copies of the suggestion provided to her by Commissioner Ulyssess Boyd as he proposed at our last regular meeting. Chairperson Commers stated he had put together some different wording which he presented at this time to the sub committee. Major differences in his proposed wording to our existing charter wording were: City council must publically declare the vacancy within ten days of its occurance; omission of moral turpitude; addition of departure of residence from the city; creation of a new section 2.05A which would spell out in detail the process for filling vacancies if less than one year and if more than one year; addition of wording that Council members cannot appoint a council member to fill unexpired term of Mayor's office; inclusion of Commissioner Boyd's suggestion which dealt with appointment of members to raise membership to a quorom (3); inclusion of Subdivision 4, Section 4.05 of Lino Lakes charter as well as portions of Subdivision 5, Section 4.05 of Lino Lakes charter. The Administrative Assistant will retype these revisions into a new form and send it to the sub committee members for their review. The meeting ended at 7:48 p.m. Respectfully submitted, Carole J. Bl w s, C.P. S Administrative Assistant Chairperson: Barbara Sexton Secretary: Beverly Wolfe BROOKLYN CENTER CHARTER COMMISSIOIf APRIL 25, 1990 MEETING MINUTES 7 P.X. CITY HALL CALL TO ORDER The meeting was called to order by Chairperson Barbara Sexton at 7:03 P.M. ROLL CALL Members present: Al Anderson, Ulyssess Boyd, Benjamin Chatelle, Edward Commers, Mona Hintzman, Everett Lindh, Barbara Sexton, Dennis Snook, Beverly Wolfe Members absent and excused: David Ault, Ron Christenson, Tony Kuefler Members absent and unexcused: None NOTE Membership is down by 3 members due to the term expirations for Mary Heitzig, Dennis Kueng, and Neil Smeaton. APPROVAL OF MINUTES Motion by Mona Hintzman, seconded by Al Anderson to approve the annual meeting minutes of January 24, 1990, as presented. Motion passed unanimously. CORRESPONDENCE Chairperson Sexton stated she received a letter from the Chief Judge reappointing Everett Lj to another four year term, with his last term to end January 14, 1994. Letters were written to the Editor of the Brooklyn Center Post regarding tonight's meeting as well as the vacancies we have on the commission. The Administrative Assistant stated that she had received three requests from individuals interested in joining the charter commission. Our usual information was sent to each person, followed up by a phone call which seemed to indicate that all three will be applying for membership via the Chief Judge Levy. OLD BUSINESS Sub Commi Report Regarding Vacancy on the Council Ed Commers Chair for the subcommittee of David Ault, Mona Hintzman, and himself stated the committee met on March 7. All members of the commission were mailed a copy of the minutes of that meeting, as well as their proposed wording changes regarding Sections 2.05 and 2.05A. Commissioner Hintzman stated that in reviewing their proposed wording, nothing was stated if the vacancy was more than 365 days- -how would it be handled? Discussion then followed with consensus to delete the second paragraph under Section 2.05A and insert the following ;paragraph in its placer "In case of a vacancy where there remains more than 365 days, a special election should be called. The City Clerk shall call a special election without a primary to fill the vacancy. The special election will be held no sooner than 90 days and no later than 120 days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections." Page 1 of 2 Pages here was also discussion about the sentence in the first paragraph of Section 2.05A ;arding the quorum of the city council. It was decided to strike that sentence from that aragraph. Motion was made by Ed Commers that the proposed charter changes to Sections 2.05 and 2.05A be accepted with the above amendments; motion seconded by Mona Hintzman, and passed unanimously. It was also felt that these proposed changes be reviewed by the City Attorney, asking for his feedback by our next meeting in May. Commissioners were asked to check to see what date of the City Charter they had. Many did not have up to date ones; some of the updated ones were lacking page 2. It was the consensus of the group that everyone should be supplied with the latest edition of the city charter. REV BUSINESS Publication of our Meeti Notices Our publicity person, Ed Commers, asked if the commission felt that our meeting notices should be published in the Northwest News as well as the Brooklyn Center Post. At the present time, the City of Brooklyn Center has an official city news page in this publication. The commission felt it should be in this new newspaper as well as the Brooklyn Center Post, and the Administrative Assistant will check with the City Hall to find out how to get this information on our city's page. flp ate OP VacanQie.s o the Charter Commission Mary Heitzig's 8 year term expired in December, 1989; Neil Smeaton`s 8 year term expired January 27, 1990; and Dennis Kueng's 8 year term expired March 4, 1990. The commission presently stands with 3 vacancies. C .,missioner Anderson inquired if community service plaques were presented to these past members, and the Administrative Assistant stated that all three of them received them at city council meetings. NEXT MEETING DATE It was a consensus of the members present that the next Charter Commission meeting will be held on Wednesday, May 30, 1990, at 7 P.M. ADJOURNMENT Motion was made by Everett Lindh, seconded by Mona Hintzman to adjourn at 7 :54 P.M. Respectfully submitted, Carole J. B1 veers, C.P.S. Administrative Assistant Chair: Barbara Sexton Secretary: Beverly Wolfe Page 2 of 2 Pages (4- 25 -90) BROOKLYN CENTER CHARTER COMMISSION MAY 30, 1990 MEETING MINUTES 7 P.M. CITY HALL CALL TO ORDER The meeting was called to order by Chairperson Barbara Sexton at 7:02 P.M. ROLL CALL Hembers present: Al Anderson, David Ault, Ulyssess Boyd, Benjamin Chatelle, Ron Christenson, Tony Kuefler, Everett Lindh, Barbara Sexton, Dennis Snook, Beverly Wolfe Members absent and excused: Edward Commers Members absent and unexcused: Mona Hintzman Also present: Charlie Lefevere, City Attorney APPROVAL OF MINUTES Motion by Ben Chatelle, seconded by Everett Lindh to approve the meeting minutes of April 25, 1990, as presented. Motion passed unanimously. CORRESPONDENCE Chairperson Sexton stated that a letter was written to Charlie Lefevere, City Attorney, rq( ding our proposed changes to Section 2.05 asking for his feedback. Letters were also wr ten to the Editor of the Brooklyn Center Post and the Northwest Yews regarding tonight's meeting. STATUS OF CHARTER COMMISSION VACANCIES The Administrative Assistant stated that she has received several calls from individuals interested in joining the charter commission. Each interested party was given our usual information on how to apply for membership via the Chief Judge Levy, as well as general information regarding our commission. OLD BUSINESS Proposed Changes on the Section Regardin V acancies on th Co uncil As stated earlier in these minutes, Chairperson Sexton had submitted a letter to the City Attorney with copies of our proposed changes.to this section of the charter. The City Attorney requested to appear in person at tonight's meeting instead of preparing his responses /questions in writing to members. At this point, Charlie Lefevere took over the meeting to state his responses /questions to our proposed changes. Commissioner Christensen briefly informed Mr. Lefevere on why the commission is considering these changes to the charter. Last year we had a vacancy occur on the city council and it was filled in accordance with the present charter wording. Also, the Administrative Assistant did a research project on various metro charters and specifically d comparison on this particular section of the charter, which showed there was room for im ovement in this area. ?Ir L efevere summarized his responses /questions in two segments: when is there a vacanc and Ls it filled? The following is a summarization of the City Attorney's concerns: -The Minnesota Constitution covers the powers of the Charter Commission and the qualifications for an elected office, as well as who is entitled to vote, and allows the legislature (or a charter commission) to provide for removal from office due to malfeasance or non feasance. (The defition of malfeasance and non feasance CAN be expanded upon by the Charter Commission.) Maybe malfeasance or non feasance should be used instead of express prohibition. Discussion was held that some crimes are NOT felonies, but may be malfeasance or non- feasance; it was also suggested that the wording should allow some gross misdemeanors to be cause for removal from office. -Mr. Lefevere stated that we should decide whether we want more wording in our charter than what is already covered by our state constitution, i.e., put in wording for educational reasons OR :should we just state things will be handled in accordance with our state constitution? Other wording that he has seen uses the wording violation of official oath and infamous crime. -After discussion by the commission members and Mr. Lefevere, it was decided the city attorney would attempt to define malfeasance and forward that information to the charter commission members. Other concerns brought up by the city attorney were: -What happens in case of a vacancy where there remains exactly 365 days? This has NOT been a( ssed in our proposed wording. -In the case of a special election, when a person is elected in such an election, THEN do they take over? At the next regular council meeting or what? Regarding the proposed addition of wording regarding appointing a member from a list of former members of the council or former mayors, if available, what if the only "available" such person is someone who was defeated in past elections or somone who may not be a moral choice for the ,job? It was also questioned by commissioner Wolfe whether this sentence is constitutional or not because of its limitations as proposed. Mr. Lefevere also wondered whether this would be a mandatory way to fill a vacancy or just an of how to fill it. Commissioner Kuefler stated he felt that not only former council members or mayors should be considered, but also members of other city commissions, if available, should be considered. -It was also questioned whether the sentence "Council members can't appoint a council member to fill the unexpired term of the office of Mayor" was constitutional or not. It's also possible that a council member could be the choice for Mayor. Regarding the fact of holding a special election if the vacancy is over 365 days, the commission should weigh the fact that such an election could cost the city anywhere from $10,000 to $30,000 (if a primary was held). In other words, to close the gap of filling a vacancy from 2 years plus 100 days to 365 days, is it worth $30,000 maximum approximately -It was also pointed out by the City Attorney that in our proposed wording, we do not plan to m special elections with a primary. Is this what we really want? This issue must be essed. 2 of 3 Pages (5- 30 -90) -Ti also discussed if the 90 days should be 100 days and if the 120 days per�o'n should be i3( .ys To allow sufficient time to be in sink with filing dates, and allowing enough printing time for ballots, etc. The City Attorney asked the Administrative Assistant to check with the City Clerk regarding the matter of filing dates. It was the consensus of the commission members that these pertinent items should be talked about with the entire commission at our next meeting, and then it will be referred back to the sub- committee for further modifications. It was also felt that the sub committee's modified wording should then be passed on to Charlie Lefevere and have him come back to the full commission for his further comments /concerns. At this point, the Charter Commission members thanked Mr. Lefevere for taking time to come to cur meeting tonight to provide us with his responses and questions regarding our proposed hanizes. ;,V BUS T AESS erect i on An t�l Meet n� Minutes; Commissioner Kuelfer stated that since he was absent at our April meeting, he could not voice 'nis concerns over a few sentences in the January minutes on page 3. At this time, he asked ,.hat the minutes be corrected to read in the second paragraph from the bottom of page 3 of the January 24, 1990, minutes: Commissioner Kuefler suggested that a maximum time length be but on someone's APPOINTED term. He also felt that it is desirable that the person accepted to fill a vacancy should have former council experience or community involvement. NEXT ?4EETING DATE Co sioner Wolfe suggested that the entire commission meet again next month while these i_ regarding the proposed changes are still fresh in our minds. It was a consensus of the members present that the next Charter Commission meeting will be held on Wednesday, June 27, _190, at 7 P.M. Commissioner Christensen requested that the Administrative Assistant put a aecial note on the bottom of the agenda for that meeting that we will be discussing the .barter wording on the council vacancies and that everyone should try to attend if possible. ADJOURMNT The meeting was adjourned at 3:44 P.M. Res ectfully submitt p� Carole J. owers, C.P.S. Administrative Assistant Chair: Barbara Sexton Se ary: Beverly Wolfe 3 of 3 Pages (5- 30 -90) BROOKLYN CENTER CHANTER COMMISSION JUNE 27, 1990 MEETING MINUTES 7 P.M. CITY HALL CALL TO ORDER The meeting was called to order by Chairperson Barbara Sexton at 7:03 P.M. ROLL CALL Members present: Al Anderson, David Ault, Benjamin Chatelle, Ron Christenson, Edward Commers, David Hildebrandt, Mona Hintzman, Everett Lindh, Barbara Sexton, Dennis Snook, Ted Willard, Beverly Wolfe Members absent and excused: Ulyssess Boyd, Tony Kuefler, Susan Warner ANNOUNCEMENT AND INTRODUCTION OF NEV MEMBERS At this time, Chairperson Sexton announced to the Charter Commission that we have three new members: David Hildebrandt, Ted Willard, and Susan Warner. Mir. Hildebrandt and Mr. Willard introduced themselves; Susan Warner was unable to attend this meeting. REVIEV OF NEW MEMBERSHIP ROSTER At this time, members were asked to look over their new membership rosters for any changes or corrections. Members will.be provided with a revised listing. APPROVAL OF MINUTES Motion by Edward Commers, seconded by Allen Anderson to approve the meeting minutes of May 30, 1990, as presented. Motion passed unanimously. CORRESPONDENCE Chairperson Sexton stated that letters were received from Chief Judge Levy regarding the appointments of Mr. Hildebrandt, Mr. Willard, and Ms. Warner. A letter was also written to the Editor of the Brooklyn Center Post regarding tonight's meeting. OLD BUSINESS *F2rose0 C han as on th Sect RPgq Va cancies on the Council_ The commission entered into a summary as to why it is considering these changes to the charter so that new members could have a better understanding of this discussion. Then the chairperson lead the commission into a discussion of the points brought up by the City Attorney at our last meeting as summarized in the May 30, 1990, minutes. The Administrative Assistant provided information on filing for a council vacancy as requested as the last meeting. Filing dates are from July 3 to July 17. The primary election is held on September 11. Regular elections are on November 6. This information was needed to figure out the number of days needed from filing time until elections so the proposed wording provided enough time. Commissioner Commers stated he felt that if the vacancy was under 365 days, the council should appoint; if over 365 days, a special election should be held unless a general election comes up in that same time frame. Commissioner Kuefler was unable to attend tonight's meeting, but members were supplied with a copy of his letter that contained a suggestion for wording of this section of the charter. This suggestion was discussed at some length. With Commissioner Kuefler's suggestion, we must have a primary to conform to the present wording of Section 4.03. Commissioner Christenson questioned what would happen if there was more than three candidates for one vacancy? Commissioner Willard stated he felt from what he understood there is actually two issues for the commission to resolve: 1) will a special election be required or not? 2) if a special election is held, should it involve a primary? He also stated that we must remain consistant with this: either always have a primary or not. Commissioner Snook stated maybe we should just state that special elections require NO primary, At this point, the commissioners felt that a reading from the City Attorney on whether primary elections are mandatory (required by state law) would be needed. The Administrative Assistant was instructed to ask this question of the City Attorney, as well as ask him if he has been able to come up with defining the word "malfeasance Chairperson Sexton asked the commissioners what was their response to when a person is elected in a special election, WHEN do they take over? The consensus of the group was immediately. She also asked the commissioners about the proposed addition of wording as far as appointing a member from a list of former members of the council or, former mayors, if available. This wording as well as the sentence "Council members can't appoint a council member to fill the unexpired term of the office of Mayor" should be dropped as both are too restrictive. The Administrative Assistant was asked to type up Section 2.05 with Commissioner Kuefler's suggestion and omit the items referred to above. When the requested information is received from the City Attorney, this amendment can be referred back to the sub committee for further modifications. The commission also felt that the sub committee's modified wording should then be passed on to Charlie Lefevere, and he should be invited to come back to the full commission for his further comments /concerns. NEV BUSINESS *�5,±atu, of CI IangP Needed in Charter ReZardinR: Rudgets Back in .January, City Manager Mr. Splinter reported to the Charter Commission that the charter sections regarding budgets will need to be revised in accordance with a legislative change. Mr. Splinter plans to have some suggested wording to reflect these changes in the hands of commissioners in a month. NEXT MEETING DATE It was the consensus of the members present that the next meeting of the full commission will be on Wednesday, September 26, 1990, at 7 p. 2 of 3 Pages (6- 27 -90) c BROOKLYN CENTER CHARTER COMMISSION MINUTES OF THE SUB COMMITTEE ON COUNCIL VACANCIES SEPTEMBER 12, 1990 7 P.M. CITY HALL, COUNCIL CHAMBERS Members present: Ed Commers (Chair), Mona Hintzman, David Ault Ed Commers presented to the members of the sub committee and the Administrative Assistant wording which he felt would incorporate all items and suggestions to date. After review and discussion of his proposed wording, .subcommittee members agreed on some additions and deletions. The Administrative Assistant reviewed items discussed at the full commission meeting of June. Final recommendations for wording is attached. The full commission will discuss these wording recommendations on September 26, 1990. It was decided that we should wait and invite the City Attorney to attend our meeting following the .full commission's approval of this wording. The meeting adjourned at 8:05 P.M. Respectfully submitted, :arole J. B'i�ers, C. P. S. Administrative Assistant Chairman: Barbara Sexton Secretary: Beverly Wolfe Attachment Section 3.05 Vacancies in the Council When, for any reason, a vacancy should occur in the City Council or office of Mayor, the City Council must publically declare such vacancy 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 as prescribed by this charter or by law; (2) violation of any express prohibitions of this charter; (3) in the event of conviction of malfeasance in office; (4) failure to attend three consecutive regular meetings of the council without being excused by the council; (5) or departure of residence from the city. Section 2.05A Procedure to Fill Council Vacancies If the remaining term of office created by a vacancy is less than three hundred sixty -five (365) days, the Council shall, within 30 days, fill such vacancy, or vacancies, for this period by appointing a person, or persons, who must meet all the qualifications of this charter. If the council fails to fill a vacancy, or vacancies within 30 days of it becoming vacant, the City Clerk shall call a Special Election, without a primary, to fill the vacancy or vacancies. The special election is to be held no sooner than one hundred (100) days and not later than one hundred thirty (130) days following the occurrence of the vacancy or vacancies and to be otherwise governed by the provisions of Section 4.03, Special Elections. In case of a vacancy where there remains more than three hundred sixty five (365) days, a special election shall be called. The City Clerk .shall call a special election without a primary to fill the vacancy. The special election is to be held no sooner than one hundred (100) days and no later than one hundred thirty (130) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. When a vacancy in an elected municipal office occurs prior to one hundred thirty (130) days before a regular municipal election date, the special election to fill the vacancy shall coincide with the regular election. If at any time the membership of the Council is reduced to less than three (3), the remaining members shall by their unanimous action, appoint additional members, to raise the membership to a minimum of three (3). Consideration is to be given to former Council Members, Mayors, or present and past City Commissioners. All appointed members shall serve until a special election or a regular election is held. 9/12/90 Section 2.05 VACANCIES_IN THE COUNCIL. C The office of Xayor or Council member shall become vacant upon death, resignation, reveal from office in any manner authorized law o� forfeiture of the office.. When, for any reason a vac;agcy s guld occu in the City i:.rsuncit or offi,. ^.Q of MaY°r. the City C;oitvicil, must r)i11) —ally_ iec,Iare uch vacancv wi tlLtD ten days of its occur 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 ha Pr,__ C �Z�.�t onv tt oci _A of feasance i rj f f iced crim involving moral turpitude, or 4) failure to attend three consecutive regular meetings of the Council without being excused by the Council :5) derarture of red Bence from tie r tt Section 2.05A. PRL�C Tn FTJL CnUivCTI, VkCAFCTES. If the re terr of office created bv��a vacancy is less the thre¢ hundred sixty five ^65) dav (n)the Council shall(be filled temporaril by the Council and then by the voters}, within 3Q days_, f1I1 _uch vacancy. cr va an�ZF for cihe remainder of the term at the next regular electio 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 period b a ePO r inii ne a Per.snn. or Perso who must Tee aiia1i ficatinns- of this rb rter, The Council by a majority vI te of all its remnining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder__of_.the unexpired term tak _office,- If the Council fails to fill a vacancy. or vacauf,ies. within thirty (30) days O it b ecoming vaca to the City Clerk shall call a special election without a rimary to fill the vacancy g.; vacan cies, The Qpecial election (-wi i:� to be hel tJ sooner than j���-� C -u ,�ty (90),.one iandred, (100) days and not later than one nundredCt_we C (129� (130) days following the occurrence of the vacancy vaca and to be otherwise governed by the provisions of Section 4.03, 6sEpecialelections. ca of a_ vacancy wh_re t here remains mo re t han thr ee hund red sixty f ive (365) day.,. a s ue_Qj al electio shall be caUpd, T Cit Clerk mall caLj a snecial, elagtton without a arimar to fjjj tide varancv. T snPc._al erect tQi :is to be. hel_ no sooner than one hundred (100) da ys and no later than one hundred thirty (I10) days following tine occurrence of the vaca�cv and to be nth s-ove b y th o f Sect 4.03. S pecial BjectiUs. When a vac aLr, in an el ecte d municipal offic ncc—u s w tthin one hundred thirty (130) cia:y-, prior to a regular municipal election date. tee .special ejectiQp to f ill th vaa=c v shall coinci w ith the regular e lection. q The quorum of the Council consist s of three (3) members �f at any time he membership of the Council is reduced to less than three (3), the remaining members may shall by their unanimous action appoint additional members to raise the membership to a minimum of three (3). Consideration is to he 3;ve tQ former Council m mbers. Ma yor s or Presen and last t.L#,y Commission All Upointed members shall se rve until a s pecial el ec-t; cn nr �reZular elact;nn is held Last revision 9/12/90 BROOKLYN CENTER CHARTER COMMISSION SEPTEMBER 26, 1990 MEETING MINUTES 7:00 P.M. CITY HALL CALL TO ORDER: The meeting was called to order by Chairperson Barbara Sexton at 7:02 p.m. ROLL CALL: Members present: Allen Anderson, Ulyssess Boyd, Benjamin Chatelle, Edward Commers, David Hildebrandt, Tony Kuefler, Everett Lindh, Barbara Sexton, Dennis Snook, Susan Warner, Ted Willard, Bev Wolfe. Members absent and excused: David Ault, Ron Christenson. Members absent and unexcused: Mona Hintzman. NOTE Administrative Assistant Carole Blowers was excused. Gerald Splinter, the City Manager attended the meeting. APPROVAL OF THE MINUTES: The minutes for the June 27, 1990 meeting were approved by a unanimous voice vote. CORRESPONDENCE: No correspondence was reported. OLD BUSINESS: A. Sib- committee Report Regarding V acancie s o n the City Co uncil Ed Commers, Chair for the sub committee of David Ault, Mona Hintzman, and himself, stated that the sub- committee.met on September 12, 1990, and incorporated all of the proposed wording changes into a new version of Sections 2.05 and 2.05A. Following discussion,. Ed Commers moved to adopt two more changes with this latest version. These two changes were: Page 1 of 3 (1) The first line.of the second paragraph in Sec. 2.05A shall read as follows: "In case of a vacancy where there remains three hundred sixty five (365) days or more, a special election shall be called." (2) In Sec. 2.05, subpart (3), the language of "in the event of conviction of malfeasance in office" shall be deleted and the original language of "conviction of a crime involving moral turpitude" be inserted. Tony Kuefler seconded the motion. The motion passed with a unanimous voice vote. B. Budget Revi Section 7.06: Gerald Splinter, the City Manager, put forth two recommendations for changing Sec. 7.06. The proposed changes were necessary to allow more time for preparing the budget. The city and county are striving for providing specific notice to property owners as to how much taxes are changing for accounting purposes. Mr. Splinter noted that either recommendation will accomplish the goal of more time: Recommendation #1 is more generic and Recommendation #2 is date specific and will have to be continually revised. Mr. Splinter also made two revisions in Recommendation No. 1. With these revisions, this recommendation read as follows: "At least thirty (30) days prior to the adoption of a proposed annual budget and /or property tax levy required by state law, the City Manager shall submit a preliminary proposed budget and /or property tax levy to the City Council. Public hearings, notices of public hearings, and other legal publication requirements shall be in accordance with state law. Ton Kuefler moved that the Commission adopt Recommendation Y r #1 with the proposed revisions and delete the old language of Section 7.06. Ed Commers seconded the motion. The motion passed by a unanimous voice vote. Chair Sexton stated that the revised versions of Sections 2.05, 2.05A and 7.06 will be forwarded to the City Attorney and the City Counsel. Page 2 of 3 u:�' i •Cn -followed to try and mover cases of 'mergen ^yi IOIIe O maP12s:I2o Pr's felt t eat 7 :ere should be an Official swearing in on tI1F first scheduled council n zinn was made by Commissioner Willard Seconded by Commissioner Snook to go with oDtiOn with the addition of or a5 soon thereafter a� practical n y M ot i on icy Commissioner Nintoman, seconded by Commissioner i,ind'n to add2 �ionail insert "on re or Cefc the 2 first re schedu�ed council meeting Motion on the amendment to t first motion passed 8 -1. :Lotion on tiie Dr=osed amendment zassed 3 with Commissioner Christenson abstaining. of i.'ro pnsed CnUn l Vac nevi �i_o zairw Sexton stated that due to t2melrame problems, the revisions regarding -ection G 0� Cou nci l e b e u ii Vacanci_�, will not _e brought b t he City Council until 1 J Y n z this coming Monday, October 29. Because this issue has not been brought before the City, Council, Commissioner Willard suggested further discu.ssion the special election issue and its related costs. After discussion, motion was made by Commissioner Willard, seconded. by Commissioner Christenson to reconsider Section 2. 05, Council Vacancies. Motion was defeated 2 yes -7 no-6 absent -0 abstaining. NEV BUSINESS Chair-er =_on,Sexton appointed Mona Hintzman as Chair of the Nominating Committee with Ben Chateile and David Ault as other members of this committee. Cor- missior_er Hint--man asked that if anyone is wining to serve as an officer in 1991, they should contact a member of_ this committee. the C -it,T Manager asked the Administrative Assi stant to pass- out the red ri bbc= that symbolize the Drug Awareness Week in Minnesota. NEXT MEETING DATE It was the consensus of the members present to tentatively set our next ueting rate for Wednesday, November 28 at 7 r.m. ADJOURNMENT The meeting was adjourned at 8:06 P. M. Respectfully submitted, Carole J. B16 ers, C.P.S. Administrative Assistant Chair: Barbara Sexton f Secretary: Beverly Wolfe 2 of 2 Pages (10- 24 -90) f 1 November 19, 1990 Barbara Sexton, Chairperson Brooklyn Center Charter Commission 3824 58th Ave N Brooklyn Center, MN 55429 Dear Ms Sexton: I, have reviewed Mr. LeFevere's letter of November 7th on the Proposed Charter Amendment and end up thinking to myself WOW we certainly seem to have opened up a can of worms. Given that our initiative was /is to simply put some restrictions on the length of time a person could serve via a Council Appointment, I recommend that we seek the City Attorney's interpretation of our Charter as it exists todav on the following questions. This will give us the proper perspective on two principle issues. 1) Does the charter allow and /or require a Primary Election when a vacancy is filled via a Special Election? 2) Given a scenario of, 'A PERSON ELECTED TO SERVE A FULL POUR YEAR TERM RESIGNS IN THE FIRST MONTH OF THEIR TERM IN OFFICE'. a) Could an appointee, appointed by the Council within 30 days of the declared vacancy, serve the remaining approximate 3 years 10 months of the four year term? b) If not for the remainder of the 4 year term, then for how Tong? and how does any, then remainder of the 4 year term, get filled? Given that, my availability to attend the November 28th Commission meeting is in question, I thought I would share my thoughts with you in this manner. Sincerely, Tony Kuefl�; Member Brooklyn Center Charter Commission cc Carole Blowers 1 C CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 19 at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter Regarding Vacancies in the Council. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 OF THE BROOKLYN CENTER CITY CHARTER REGARDING VACANCIES IN THE COUNCIL 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 vacancy should occur in the Citv Council or office of Mavor. the Citv Council must nubli declare such vacancv within ten days of its occurrence. The Mayor or Council member shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, [or] (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council(.). or (5) departure of residence from the City. [A vacancy in the Council shall be filled temporarily by the Council and then by the voters for the remainder of the term at the next regular election unless that election occurs within one hundred (100) days from the occurrence of the vacancy, this period being necessary to allow time for candidates to file. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a special election to fill the vacancy. The 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).] ORDINANCE NO. Section 2.05A. PROCEDURE TO FILL COUNCIL VACANCIES. If the remaining term of office created by a vacancy is less than three hundred sixty -five (365) days. the Council shall. within 30 days, fill such vacancv. or vacancies. for this period by a000intin a verson or persons who must meet all the, qualifications of this charter. If the Council. fails to fill a vacancv. or vacancies. within thirty (30) days of it becoming vacant, the Citv Clerk shall call a special election without a rimary to fill the vacancv or vacancies. The suecial election is to be held no sooner than one hundred (100) days and not later than one hundred thirtv (130) days following the occurrence of the vacancy or vacancies and to be otherwise governed by the provisions of Section 4.03. Special Elections:' In case of a vacancy where there remains three hundred sixtv -five (365) days or more. a special election shall be called. The Citv Clerk shall call a special election without a primary to fill the vacancy. The special election is to be held no sooner than one hundred (100) days and no later than one hundred thirty (130) days following the occurrence of the vacancv and to be otherwise governed by the -provisions of Section 4.03. Special Elections. When a vacancv in an elected municipal office occurs within one hundred thirtv (130) days prior to a regular munici -al election date, the suecial election to fill the vacancy shall coincide with the regular election. The quorum 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 shall bv_ their unanimous action a- -point additional members to raise the membership to a minimum of three (3). Consideration is to be given to former council members, mayors., or o. resent and past citv commissioners. All anpointed members shall serve until a s -ecial election or a regular election is held. Section 2. This ordinance shall become effective after publication and ninety (90) days following its adoption. Adopted this day of 19 Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) I The consensus of the commission afte r de e ate ar'r' w, that new- Ll? r Rg P. his s ectio n .ion 3s elected persons should be sworn in any time after the first day of 3anuary and /or prior to the first city council meeting of the year, or as soon as practical thereafter. Commissioner Christenson stated (with approval from members present) he would write this "concept" up for the commissions review in February, 1991. City Cn Ac^tion on Pron �sed Co�cil Vac�cies Revisiotls: Chairperson Sexton stated that Section 2.05, Council Vacancies, was not approved by the city council on October 29 for various reasons. Mayor livquist does not want special elections and wants primary elections. Councilmember Pedlar questioned whether charter commission members felt there was Somet wrong with the appointment process of the past. Councilperson Paulson desires more Openness and felt :here is no need to list potentia' candidates. Councilperson Cohere reiterated the reasons the charter changed municipal elections from odd years to ever years, City Attorney Charlie Lefevere stated that he reads the Charter to say that an appointed councilmember only serves until the next general election. Being terms are now four years for mayor and councilmembers, this could leave an appointed councilmember to serve two years and approximatley three weeks. Commissioner Anderson stated he felt the Charter Commission wanted to limit the appointment to one year; beyond that time was too long without an election. Com- missioner Hintzman stated that perhaps we should leave that part in about pro- viding for a primary (in case it happens), but we will probably not even need it. City Manager Gerald Splinter stated that the appointed term cannot go beyond the next general election. The wording in the charter does NOT provide for differences between the KINDS of elections. Commissioner Chatelle stated that perhaps the suggested wording of Commissioner Willard that there must be unanimous approval by the current remaining city council members on the appointed person would take care of the special election situation. Commissioner Christensen stated that Section 4.03 should also be looked at. He also stated that perhaps the value of having one year appointments and not having two year appointments should be discussed. Commissioner Boyd suggested that maybe we should state that an appointed councilmember cannot run for an elected position on the city council. Many members felt that this was unconstitutional and felt uncomfortabl with wording a.� such. Commissioner Boyd also had a suggestion g Y Sg regarding the inclusion of potential city councilmember names on a regular election ballot in anticipation of vacancy; this could result in foregoing a special election if such a vacancy occurred. Again, members felt this was unconstitutional. Discussion was again briefly held on the number of days to allow for filing for primary elections. We had suggested a change from 90 to 100 days and 120 to 130 days, but it was questioned whether this was adequate. Mr. Splinter said he would check with the City Clerk, Darlene Weeks, and relay that information to the Administrative Assistant. 2 of 3 ?ages s k a++c.r-.iev*::-z fesronc---S to our rece Dtiv .>roposed �ji- the re'bruarv, meerinal. Xotion. passed unanimously. NEXT MEETING DATE 7 was tae consensus of the meTYbers present to set our next me-eting date for Ve=esdav, Jam ary 2 'L')C-'L, at 7 p.m. iiOTE: This wi be our annual mee+in- I L et i= and there will be election of officer=- and committee ap-ointments made at t51s M e t =g. n -ADjOURNi[EXT Te e meetin- was a at 0-�) J J Respect sues te z Carole I. Blowers, C.F. ni Assistant --tr-a+ C -ha i r: 2 rbara Sexton Sec-retarv: 3everly Volfe 3 of 3 Pages :i arson ;`a.xtcn asked three times for additional. iio-Tina'tions for each Prsltlon. .ere nei:`r` none, there was a motion by iE Il k hatel le, seconded by Mona Hintzrnan to '.Ar'ove ±lie nominating 'committee's recommendations for Chairp, arson, Mice Chairperson, and Secretary, 1Xotion passed unanimously. At t`iis Point 'ChairDersr S @Xton turned the meetincr over to Edward c. for the C Commission. GON.MITTEE APPOINTMENTS C hairr.erson Commers made the followirg a: pcintn- enT H D T ia 1 int?maP_ Audit Clair 7 2d Willard Public Relatic—s n- Christenson. Rules!Parliamentarian, SALARY FOR AD4I1ISTRATIVE ASSISTANT Cl airperson Crm*ners .stated that last ,;ear. a 4% raise was rran. to the Ad_nnini:Strative As'si'stant. City empioyees received a 4% 1 ncrease this ear, 'lotion by Ben C' econded by All-Ti Anderson to raise the Administrative Assistant's salary by thus maklnF ter :'urr -2nt -alarV ,15,06 /hou'r, motion passed unanimously. CORRESPONDENCE Chairperson Commers stated that letters were sent to the rrooklyn Center Post and Northwest ?Yews rejardinB; toni -ht's meetin''. The annual meeting notice Was in the Brooklyn Center Post, she latest issue of Northwest News was December .1990, with no issue Dublished since then. _,1J` City Newsletter will be d_livereri i :-b '_nary, and i ms pertain to the availability of minutes and agendas Will be in it as well as an announcement -about charter commission. vacancies. OLD BUSINESS hairperson Commers reiterated the fact that the Charter Commission has two charter sections Which have been referrers back to the commission from the city council. They are Section 01 and Section 2.05. Commissioner Christensen has presented the Administrative Assistant with his concept statemgnt re-ardin„' -he oath of office_ (Se_ction. 3.01) which will be sent to ai1 commissioners with the February meeting agenda. Chairperson Commers suggested that regarding Section 2.05, Council Vacancies, he would li=e one volunteer (instead of a sub committee) to g 0 over Our present wording and review the city attorneys recommendations we received over the Past -Nveral months, Commissioner Hildebrandt was appointed for this task, and he will rovi.de '_uw3.estions to the commission at our February meeting. 2 of 3 pages 1 -23 -9i -i .mot,. ..om."nt_I S ...t at E�d ':Ina t *il i? Fi r t _�i e ur i. om ls'3iol t r i .1e Y?_ and _W. Y h FE -ding is s�2ct 4, r ev i e w, t. r n n r i loll. His '.w:o rec minenda' c and uS _ns we_re pro %r to members in 1e fo'rm of w two »awe :Ile'moral.dum a tLii,= uS"GZi by file Carter l_ omn i Si oR meRlGer�, was ,L12 consensus of _""at cur revisicns sihouia addr_ -s t<1? ''..en r_� �f an a )pointment. OV?; a `>;ear, a s election should 'be held. if only two candidates -file. ;n_are would NOT be a primarr election. if more than two candidates fife' ttl?rP_ be a t.ri:I:,3ry eler op' ComI i_sic -er Christensen also comiment.eri t! at ti re ,oi C e b ett er ..on ett•!een rn :n al _`,T. r �TEILinlCat' T' Commission and "it C•)',.illcli yalnnor, e-ar "sir this section before it `ets to t poiP.t G1 presenting it to tLA -r �cu hc for heir a.aprcval. J 1 lair7ars-on Coi=ers appointE?d f?llr?.R '1P.d?rSOR (Chair', David llit eDrandt, and TORY as new embers of an ad Ro. committee on Section 2. 05, cun cii V t^ d .anCi2S. -_131 r7P_rSQP_ Gcmimers instructed Commissioner Anderson to deride_ on when they will iaeet and contact the AdministratiVe Assistant with that' information so that Droper notification can be made. 1 NEV BUSUESS The Admini =Tra ive Assisr,ant stated !hat has ei`. Q .•r *o one _a_I;:3 i.rom interested potent'' al new members. (Inn --r son on has :ire _i cusi v acpiie and ,he Wlii e notified at ?r:r i tt Fe in Via^ i a �n is ,iii to �ted +_om_n a iati� mber, NEXT NEE T ING DATE was the consensus of t''fe ri' e "Dre' 'e m� r:� t our n�'. iue2tii15!' :iaLi_ _oF i t(ednesdav, Xarch 27, 1`2 ADJOTiRRMIT :ioti 7n 7 Dennis Snood., secCnCed by David i.ldebrarit to adj aur'n. the meeting at 53 P. X. ^espec -uil uCm7 tt2ti, droi J F'Wers, C.P.S. Liministrative ?assistant ;lair: Edward Commers Secretary: Beverly Wolfe of 2 P a ges '.E- 7 -9i) FINAL D RA t l. e;_r nn.cies in The amount it When, for any reason, a vacancy should occur in the City Council or office of Mayor, the City Council must publically declare such vacancy 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 as prescribed by this charter or by law; (2) violation of any express prohibitions 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 by the council;A(5) or departure of residence from the city. Section 2.05A Procedure to Fill Council Vacancies If the remaining term of office created by a vacancy is less than three hundred sixty -five (365) days, the Council .shall, within 30 days, fill such vacancy, or vacancies, for this period by appointing a person, or persons, who must meet all the qualifications of this charter. If the council fails to fill a vacancy, or vacancies within 30 days of it becoming vacant, the City Clerk shall call a Special Election, without a primary, to fill the vacancy or vacancies. The special election is to be held no sooner than one hundred (100) days and not later than one hundred thirty (130) days following the occurrence of the vacancy or vacancies and to be otherwise governed by the provisions of Section 4.03, Special Elections. In came of a vacancy where there remains three hundred .sixty five (365) days or more, a special election shall be called. The City Clerk shall call a special election without a primary to fill the vacancy. The special election is to be held no sooner than one hundred (100) days and no later than one hundred thirty (130) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4,03, Special Elections. When a vacancy in an elected municipal office occurs prior to one hundred thirty (130) days before a regular municipal election date, the special election to fill the vacancy ,shall coincide with the regular election. If at any time the membership of the Council is reduced to less than three (3), the remaining members shall by their unanimous action, appoint additional members, to raise the member, hip to a minimum of three (3). Consideration is to be given to former Council Members, Mayors, or present and past City Commissioners. All appointed member: shall serve until a :special election or a regular election is held. 9/'26/90 I 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. Yen, for any reason. a vacancy should occur irl tjj City Council or office of Xj3nr� the City Cqjpnil must publicallLY- daglAre such vacancv 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) in the event conviction of malfeasance in office a crime involving moral turpitude, or (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council.,Q (5) departure of residence from the citj., Section 2,05A. PR0CFDURj_jF0 FTLL COUNCIL VACAKAR If the remaining term of office crealed by Aa vacancy is less thqD three hundred sixty five (365) daja,_in the Council shall be filled temporarily by the Council,-And then by the voters within 30 days. fill such vacancy.- or vacancies, 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 thia,erind by appainting a person or persons who must poet all the nualificatiDns of this charter. 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, or vacancies. within thirty (30) days of it becoming vacant. the City Clerk shall call a special election without a jr1jarl to fill the vacancy QT_ vacancies, The apagIgI election will is to be held not nq sooner than ninety (90) one hundred (100) days and not later than one hundred twenty (120) thirty (130) days following the occurrence of the vacancy Qr yonsmaAa and to be otherwise governed by the provisions of Section 4.03, sEpecial ealections, In case of a vacancy where there rejajns more than three hundred sixty five (365) days, a special election shall be called, The City Clerk shall call- a _special election without a priggly to fill the vacancy. The sqaalnj erection ta__to be held nn ttly one hundred ("100) days and na ,ter 9 t occurrence of :the vac ;Y b othorwisp move a by -__pr:), of Soctin o 4.03. Special- ---lmd Wan eloctp(i nanurs wQ!!,-gRj-0undred Qjr±1 (130) days prior to a election date. the special election to fill the vacancy shall coincide with the reFular election. The quorum of the Council consists of three (3) members; ilf at any time the membership of the Council is reduced to less than three (3), the remaining members may shall by tall unanimous action appoint additional members to raise the membership to a_p1KuUjm of three (3). QDDsidpration- j5 to be ziven to Qrgor Council members. Mayors. or Present and vAst City QommissioDs. sball serve until a special election or a revular election 1G held. Last revision 9/12190 PROPO 'ED WORDING FOR SECTION 2 ,0 5 VACANCIES IN THE COUNCIL 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 vacj v should acciir in the City Council or office of Mayor. the Citv Council must publicalLy de(�larp. such vacancy within ten days of its occurrence, The Mayor or Council member shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, or (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council(.), or (5) departure of residence from the city. Section 2,05A. PROCEDURE TO FILL COJJNC,�T.. VACANCIES. (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,) If the remaining term of office created bv a vacancy is 1p than three hundred sixty five (365) days. the Council shall. within 30 days. fil-1, ,:-;u(-h vacan�y. or vacancies=,. for this period bv appointln..F a person or persons who TQ�st meet all, the qualifi_at4ons of this charter, (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 1 L fails to fill a vacancy. or vacancies. within thirty (30) days of it becoming vacant, the City Clerk shall call a special election without a primary to fill the vacancy or vacancies, The a. election (will) is to be held (not) nasooner than (ninety (90)) one hundred (100) days and not Later than one hundred (twenty (120)) thirty (1,1DI days following the occurrence of ,he vacancy or vacancia and to be otherwise governed by the provisions of Section 4. 03, (s)Special (e) E_lect ions. Ir i case of a vacancv yjlp.re ttare reTa&jns three hundred -sixty five (365) days or morg a special election shall he called. The City Clerk .shall call a special election without a arimary to fill the vacap _Jbe special. election is to be held no sooner b&aL_ane- hundred (100) (Jays= and no later than one hundred thirty (130) days follinwi'ag the occurrence of the vacan and to be Q_t4eLHiae governed by the provtsjons of. Section 4.03. i on,-, E:Le ct Len a vacancy in an elected municinal.. nffice nccurs within one bijnd_rr ed thirty (130) day-, prior to a regular municipal election date. the election. to fill tba vacanc.v shall. coincide with the regular election. (The cuorum of the Council consists of three (3) members; i)If at any time the membership of the Council is reduced to less than three (3), the remaining members (may) shall by their unanimous action appoint additional members to raise the membership to a minimum of three (3). Consideration is to be. 7,1ven to former CoUnci-I members. Mayors. or present and past City Commissioners, All appointed members shall Serve unti a special electinn n a regular I r election is held. UNDERLINED INDICATES ADDITIONAL WORD JNG! PARFNTffFSFS INDICATES OMITTED WORDING Sec 2.05 VACANCIES IN THE COT?NCI The office of Mayor or Council member shall become vacant upon death, resignation, removal from office in J any manner authorized by law or forfeiture of the office,/ When fo r anv reams e Ci C ouncil. or office of Y&yor. thg City Co uncil must publica d eclar e such vaca within ten days of tta occurr,_ence. 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 R Kahihitizn of this charter, (3) conviction of a felony crim involvi _moral turpitude, orb (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council.,Qr- (5) de ap rtu re oj_residence fro the city. Section ?..05A 1Erocedure to__Eii.l Co Vaca ncies. A vacancy in the Council shall be filled temporarily by the Council,_. provided_i e un _red ter of the, vaca DOS ition does pot exceed 365 dav� (l. nea 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. A speci ei%-,tion shy be_ca]j ed. if tb& naxt regular electio do es Wt f ell withi thJs 365 day ?period• The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a special election with out a xrrim to fill the vacancy. The ep cial election to 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,Lsipecial( CThe quorum of the Council consists of three.._c .3) iW a I f at any time he membershmbeafs t'he Council is reduced to less than three (3), the t �may� hall by unanimous action appoint additional members to raise the membership to three (3). All appointed membe shall se unti a special elect o r a regula election is held.. In case of a vaclncy wblere t here remain more t1an tbXee hund red si five (365) dags. a spacial electio shall b e call The City C lerk shal call a specia el without a primar to fill tle vacancv. The special electi is to be t ld no so oner than ninet (90) dovs and no l ate r than one hund red twentv (120) days following the occuriLance of t he vacADcy axe to be otherwise gover_ed by t provision of Sect 4.03. S pecial Elections. When a vac in,-&n elected municipal office occu within one hundred twenty (120) days prior to a regular municipa el ection da te. t special election to fil the vacAncv s bAL1 co incid e w t_th th e regul elec tion. LL wit hj_R__tb e one bandred twenty 120) d ay period befor a regu municipal electio ti vacapcy occu in the off o f the Mayor or Cou ncil Members whos seats are to be dec in th e elect said vacancv shal be considered not to exist fo purpose o th e elect Last revision 6/27/90 UNDERLINED ITEMS INDICATES ADDITIONS TO PRESENT CHARTER WORDING CIRCLED ITEMS INDICATES OMITTED LANGUAGE FROM PRESENT CHARTER WORDING Section 2.05 VACANCIES IN THE COUNCIL. The office of Mayor or Council neuter 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 vacancy should occur in the City Council or office of Mayor. the Citv Council rust lgh ically declare such vacancy withtp 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 felonv crime involving moral turpitude, or (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council.wr (5) dy?arture ot residapce from the city Section 2.05A. Procedure to Fill CounLil Vacancies. A vacancy in the Council shall be filled temporarily by the Council, provided the unexly red term of the vacaqj does nn±_qxceed 355 daya (1 year). 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. A speqjg) election shall be called. if the next regular election does not fall withtR this 365 day period. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a special election without a 111nar, to fill the vacancy. The apecial election will ta 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, sEpecial ealections. The quorum of the Council consists of three (3) members; ilf at any time the .membership of the Council is reduced to less than three (3), the remaining members may j>ali by unanimous action appoint additional members to raise the membership to three (3). All appylDted members shall serve until a special election or a regular election is held. In case of a vacancv where there reldial_pore than tiree huldTed sixty five (365) days. a special elnctior be called, The City Clerk shall cam a special election withput a primary to fill the vacancy. The special election is to he held no sooner than ninety (90) days and no later thall one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03. Special Rinctions. When a vacancv in an elected municipal office occurs wittIn one hundred twenty (120) davl_prior to a r eg u lar municipal election date. the special election to fill the vacancv shall coincide with the regular election. If within the one hundred twenty (120) day period before a rezular municipAl election. the vacancv occurs in the office of the Yavor or Council Members whose seats are to be decided in the election. said vacancy stall be considered not to exist for purposes of the election. Last revision 6/27/90 UNDERLINED ITEMS INDICATES ADDITIONS TO PRESENT CHARTER WORDING CIRCLED ITEMS INDICATES WITTED LANGUAGE FROM PRESENT CHARTER WORDING G A E '3 0 1 I TYE COUNC, T T 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 reason. a v aT- J�_ AiZ�P.cy slanuld occur 1,n the City CouT- Or Office Of Mavnr. tlia Citv CO1JAQiJ_Must Dahl jf_&LUY tip(-,lare VacaTIC7 within ten days 'n! its 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 felop-y- crime involving moral turpitude, or (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council.,_or (5) dt_ap-,arture of residence f _LOD _I c llcz,, c 05A ___Ernc-,edure to Fj 1 1 Council Vacancies. 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 remaining ta Office cre ated by a vac a r;2; V 1 4 e e ;s than nnk. veal (365 day the such vacanc r th y tQ fi L _peri nd by- aRPIaUng a T1)Pr,­;or1 wbn 'must Me9t al-L-t-he qual if ications Of this charte Council m em can ILO t an Dint a counci q p,'i member to fill erm Of the Office of Xavnr. If the Council fails to fill a—the un.3up-Lred term within thirty (30) days, the City Clerk shall call a special election without-a- P to fill the vacancy. The apecial- election will to 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, sapecial eF,.lections. The quorum of the Council consists of three (3) members; i-If at any time the membership of the Council is reduced to less than three (3), the remaining members may sha by unanimous action appoint additional members from a list of fnrmen MaMb-E- of the c7'nun(-iT Or far 1. L -mar mayors, if available. to raise the membership to three (3). All appointed members serve until a special, election or a replar election i,-, M eld In case Of a va _Q= where there t-ba-n three hundred stfty fj (365) revs. a snec�t &I.1- eTer'tin-n `;hA_L1_J) Called, The City Clerk shall, call withnl�t a The aperial. _�ry to fill the vacan"v. election 1s, tn be held no !=;O04P_7 than. TjLae�r (90) d ays nd__pn one Hundr twenty a later tb --_0,20) dR7�L' fnl I owinS the occurrence Of the vaca70c-v and to be ntlie rwise governed ley th.P T>rnvi,sjnn Of Section Spec ial 4� 03� Elections, Allen a va(Iancy in ;gip elected P"Mici- Office nccurs within One hundred twenty U20) days prior to a regular municipal electj_Qp date, the Sne(--ial election �tafijj the var-ancy f rt&Lj coincide with the regular e t If w within tl�p, one bundLa�3 twenty (1?0) day period betore. a- regular municIP&I electinD. the varancy occiir. n i th Office of the Yavnr nr Cniincill Mambers whose sUts are to be r.Lecided in the e said vacan v shall considered not to exist for of the election. L ast revision 4/25/90 Section 2,05 VACANCIES IN THE COUNCIL. office of Mayor or Council come vaca death, resignation removal from office (any mber shall be e manner authorized by law or forfeiture of the office flan. for any va("gncV should. nccuX in the Citv Council or office of_Ravor. thp_ Citv Council nQat_D t d, Vblicallv declare su_Qb vacancy within t days of its Qr 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 p a r i illit4on of this charter, (3) conviction of a felnW crima:-�jnvolvffim� C I turpitude, or)(4) failure to attend three consecutive regular meetings of thi without being excused by the Gounciio-or (5) departure nf_resideDcP from the city. Section 2.95A. Py--opedire to F 11 C.nuU_QJl- Vacancies. vacancy in the Council shall 66 filled. temporarily by the Council an!-� 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 mmbers shall appoint a qualified person to fill the vacancy until the Mrson elected to serve the reminder of the n"pired term takes office.- I' J_f the recd nv term of of created bye vacanc .1_ s less than oze yea (365 ddvs). tie council shall__L-ill, such vaca-n-cv for this period by appointing who -T.ust meet 911 thi-s, charter, QQuRcil members cannot aj2pnint a cni-inci_1 _Mejpber to tijl the unexpired terX of the office oJ If the Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a special election without a primary to fill the vacancy. The es pecial- elect )ta 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, (gipecialOElections. the quorum of x ijdts "6 'thi6e <83 mejibert� Jif at any time the membership of the Council is reduced to less than three (3), the remaining member' shall by unanimous action appoint additional members from a fiat of forT&-r_ members of the council or fnrmer— rs, if availabl-e. to raise the membership to three (3), All appoi nted Playfop.rs shall serve until a special election-_Qr a regular election is held. In case of a vacancy where there remains more than three baMdred sty-tv five (365) days. a special election shall be called, The Citv Cle.rX shal cam a special election without a !�r to f il l. tbe varp The s:pt=..kci-qJ P_1-ecttQn.j to be held no sooner than 4ine±v (90) days au-no later t4= Mie hundred twenty (1?0) days following the occurrence of the vaQ&Ugv an-d, to be otherwise governed by the nrovi-,ions g Sectior�4.03. Special.. Elections. When a vacancy in an elected munici ni-fice occurs within one hundred tije-ptv (J20) days ur_i_g_r to a regular m e-le-c±ion date. the speDi election to fill the vacancy shall coincide with the regular election. if with!-a--the nUe_.JiundrPd twenty (120) day i2eriod. before a regular muTlici�Q&I election. the vacancy occurs in_±JLPQf_fice ot-+,he MayoZ I _Dr Council Nembera whose seats are to be ripcided iU__tbe electio said vacancv shall be considered not to exist for pui:�nnses of the election. Last revision 4/25/90 PROPOSER Section 2.05. Vacancies in the Council When, for any reason, a vacancy should occur in the City Council or office of Mayor, the City Council must publically declare such vacancy 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 as prescribed by this charter or by law; (2) violation of anv express prohibitions of this charter: (3) conviction of a felony crime; (4) failure to attend three consecutive regular meetings of the council without being excused by the council; (5) or departure of residence from the city, PROPOSED 3a.c_toa-,,.05A.. Procedure to Fi 1 1 Cauncil Vacancies If the remaining term of office created by a vacancy is less than one year (365 days), the council shall fill such vacancy for this period by appointing a person who must meet all the qualifications of this charter. Council members cannot appoint a council member to fill the unexpired term of the office of Mayor, If the council fails to fill a vacancy within thirty (30) days of it becoming vacant, the City Clerk shall call a special election without a primary, to fill the vacancy. The special election to 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. If at any time the membership of the council is reduced to less than three (3), the remaining members shall by unanimous- action, appoint additional members from a list of former members of the council or former mayors, if available, to raise the membership to three (3). Ali appointed members shall serve until a special election or a regular election is held. In case of a vacancy where there remains more than three hundred sixty five (365) days, a special election shall be called, The City Clerk shall call a special election without a primary to fill the vacancy. The special election is to be held no sooner than ninety (90) days and no 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, When a vacancy in an elected municipal office occurs within one hundred twenty (120) days prior to a regular municipal election date, the special election to fill the vacancy shall coincide with the regular election. if, within the one hundred twenty (120) day period before a regular municipal election, the vacancy occurs in the office of the Mayor or Council Members whose :seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. Revised 4-25-90 SL /V1 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. 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) sr s of the Council without. lar meetings failure to attend three consecutive re�,u g being excused by the Council. A vacancy in the Council shall be filled temporarily by the Council and then by the voters for the remainder of the term at the next regular election unless that election occurs within one hundred (100) days from the occurrence of the vacancy, this period being necessary to allow time for candidates to file. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a special election to 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). Section 03 RULES OF PROCEDURE AND QUORUM. The Council shall determine its own ru and order of business. A majority of all members shall constitute a qu m to do business, but a smaller number n9 urn from time to time. The ncil may by ordinance provide ns by which a minority may compel the tendance of absent ers. Section 4.03 SPECIAL ELECTI The uncil may bJ resolution order a special election and vide all means holding it. At least three (3) weeks of weekl lished notice of a specia lection shall be given in the officI newspaper. The procedure at such e tion shall conform as nearly as possible to that prescribed for other muni al elections. II�