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HomeMy WebLinkAbout2016-06 06-27 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 27th day of June 2016 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 Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, and 5.10 of the Brooklyn Center City Charter. 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. 2016-06 AN ORDINANCE AMENDING SECTIONS 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, AND 5.10 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2, Section 2.07 of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal ral election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. Section 2. Chapter 3, Section 3.01 of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 3.01. COUNCIL MEETINGS. The City Council shall hold regular meetings at such time and place as it by motion shall determine. Officers elected at the time of a regular municipal general election provided for by this charter shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or 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 members 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. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty-four (24) hours' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. ORDINANCE NO. 2016-06 Section 3. Chapter 4, Sections 4.01, 4.02, 4.06, and 4.07 of the City Charter of the City of Brooklyn Center are hereby amended as follows: Section 4.01. THE REGULAR MUNICIPAL GENERAL ELECTION. A regular municipal general election shall be held on the first Tuesday after the first Monday in November of even-numbered years at such 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 place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.02. PRIMARY ELECTIONS. On Tuesday, at least six (6) weeks in advance of the regular municipal general election, there shall be a primary election for the selection of two nominees for each elected office at the regular municipal general election unless no more than two nominees file for each elective office. [City Clerk's Note: Minnesota Statutes, Section 205.065, Subd. 1 provides that a municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers.] When two vacancies exist on the Council and the number of candidates is more than four, the four candidates receiving the highest number of votes shall be the nominees for the offices named. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.06. WRITE-IN CANDIDATES. A candidate for city office who wants write- in votes for the candidate to be counted must file a written request with the filing officer for the office sought no later than the seventh (7th) day before the general municipal general election or special election. The filing officer shall provide copies of the form to make the request. Section 4.07. CANVASS OF ELECTION. The Council shall meet and canvass the election returns between the third (3rd) and the tenth (10th) day after any regular aeneral, 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. ORDINANCE NO. 2016-06 Section 4. Chapter 5, Sections 5.04, 5.05, 5.06, and 5.10 of the City Charter of the City of Brooklyn Center are hereby amended as follows: Section 5.04. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any ordinance shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of registered voters equal to at least five per cent (5%) of the total number of registered voters at the time of the last regular municipal general election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be in substantially the following form: Section 5.05. FILING OF PETITION AND ACTION THEREON. All the signature papers shall be filed in the office of the City Clerk as one instrument. Within five (5) days after the filing of the petition, the City Clerk shall ascertain by examination, the number of registered voters whose signatures are appended thereto and whether this number is at least five per cent (5%) of the total number of registered voters at the time of the last regular municipal general election. If the Clerk finds the petition insufficient or irregular, the Clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reasons for such finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the Clerk shall so notify each member of the committee of that fact and file the petition as an official City record. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the ordinance to the voters at the next regular general or special election. Section 5.06. ACTION OF COUNCIL ON PETITION. When the petition is found to be sufficient, the City Clerk shall so certify to the Council at its next regular meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the Council to a vote at the next regular municipal general election, but if the number of signers of the petition is equal to at least fifteen (15) per cent of the total number of registered voters at the time of the last regular municipal general election, the Council shall call a special election upon the measure. Such special election shall be held not less than thirty (30) nor more than forty-five (45) days from the ORDINANCE NO. 2016-06 date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a regular aeneral election is to occur within three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten (10) per cent of the total number of registered voters at the time of the last regular municipal general election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thereby be prevented from going into operation. The Council shall thereupon reconsider the ordinance at its next regular meeting, and by a majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal general election, pending which the ordinance shall remain suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall not become effective; but if a majority of the voters favor the ordinance, it shall go into effect immediately or on the date therein specified. Section 5. Effective Date. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this 27th day of June, 2016. Z3k1 &4 Mayor ATTEST: ^4 ______ City Clerk Date of Publication: July 7, 2016 Effective Date: October 5, 2016 (Strikeout indicates matter to be deleted, double underline indicates new matter.)