HomeMy WebLinkAbout2015-03 03-23 CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 23rd day of March 2015 at 7 p.m.
or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway,to
consider an ordinance amending Chapters 2, 4, 5, 6, and 9 of the Brooklyn Center City Charter;
Sections 2.05a, 2.05b paragraph b, 4.06, 5.01, 6.02 Subdivision 3 paragraphs (b) and (c), and
9.04.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO. 2015-03
AN ORDINANCE AMENDING CHAPTERS 2, 4, 5, 6, AND 9 OF THE
BROOKLYN CENTER CITY CHARTER; SECTIONS 2.05A, 2.05B
PARAGRAPH b, 4.06, 5.01, 6.02 SUBDIVISION 3 PARAGRAPHS (b) AND
(c), AND 9.04
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 2, Section 2.05a of the City Charter of the City of Brooklyn Center is
hereby amended as follows:
Section 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION.
If the unexpired term of the council vacancy is one year or longer, or if the unexpired term of the
Council vacancy is less than one year and the Council chooses not to fill the vacancy through the
appointment process, a special election shall be called by the Council or by the City Clerk if the
Council fails to act within thirty (30) days of the occurrence of the vacancy. The special election
will shall be held not sooner than ninety (90) six 60 days and not later than one two hundred
twen4y (I 200 days following the occurrence of the vacancy Except as provided in this
Section and to be other-wise govemed by the orevisions e Section4.03, Speeial Eleetions of the
_City Charter, all of the nrovi_sions of the Minnesota election law are applicable to the election as
-
far as practicable. ,
shall be hek
Section 2. Chapter 2, Section 2.05b, paragraph 5 of the City Charter of the City of
Brooklyn Center is hereby amended as follows:
5. If the Council pursues the appointment process but then fails to fill a vacancy within forty-
five (45) days from the occurrence of the vacancy,the City Clerk shall call a special election
to fill the vacancy. The special election vAR shall be held not sooner than one hundred five
(105) days and not later than one two hundred fl.i..t" fi"- (13-5) (2QOA days following the
occurrence of the vacancy Except as provided in this Section and to e*- ed
by the provisions ^r Section4.03, Speei l Eleetiens of the City Charter, all of the provisions
ORDINANCE NO. 2015-03
of the Minnesota election law are applicable to the election as far as practicable. Dere
than t-wo eandidates file for-the e"ired te eleefien shia4l be held.
Section 3. Chapter 4, Section 4.06 of the City Charter of the City of Brooklyn Center is
hereby amended as follows:
Section 4.06. CANVASS OF ELECTION. The Council shall meet and canvass the election
returns within five (5) days between the third (3`d) and the tenth (10th) day after any regular,
primary or special election, and shall make full declaration of the results as soon as possible, and
file a statement thereof with the City Clerk. This statement shall include: (a) the total number of
good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each
candidate, with an indication of those who were elected or nominated; (d) a true copy of the
ballots used; (e) the names of the judges and clerks of election; and f) such other information as
may seem pertinent. The City Clerk shall forthwith notify all persons elected or nominated of
their election or nomination. In case of a tie vote, the Council shall determine the result by lot.
The City Clerk shall be the final custodian of the ballots.
Section 4. Chapter 5, Section 5.01 of the City Charter of the City of Brooklyn Center is
hereby amended as follows:
Section 5.01. POWERS RESERVED BY THE PEOPLE. The people of Brooklyn Center
reserve to themselves the powers, in accordance with the provisions of this charter,to initiate and
adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes,
and to require such an ordinance when passedadd by the Council to be referred to the
registered voters for approval or disapproval. These powers shall be called the'initiative and
referendum.
Section 5. Chapter 6, Section 6.02, Subdivision 3, paragraph (b) of the City Charter of
the City of Brooklyn Center is hereby amended as follows:
(b) Thi,Chief shall b appointed ffem the embe-of the Fre Dep _ �n+
Preeedufes for- the appointmei#, s id removal of the Fire Chief shall be set feAh in.
paragraph(a) of this Subdivision.
Section 6. Chapter 6, Section 6.02, Subdivision 3, paragraph(c) of the City Charter of
the City of Brooklyn Center is hereby amended as follows:
ORDINANCE NO. 2015-03
Section 7. Chapter 9, Section 9.04 of the City Charter of the City of Brooklyn Center is
hereby amended as follows:
Section 9.04. CITY MAY DISMISS PROCEEDINGS. The City may dismiss all or part of the
property being acquired in a condemnation proceedings so long the dismissA is filed vAth the
proper-eettt4 pr-ier.to the expir-atien of the time fer-an appeal or-before en4fy 4judgment if
appeal has been take . When the proceeding is dismissed,the City shall pay all reasonable costs
and expenses incurred by the condemnee including attorney's fees.
Section 8. This ordinance shall be effective after adoption and ninety (90) days
following its legal publication..
Adopted this 23�d day of March 2015.
Mayor
ATTEST:
City Clerk
Date of Publication: April 2, 2015
Effective Date: July 1,2015
(Seeindicates matter to be deleted, double underline indicates new matter.)