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HomeMy WebLinkAbout2003 01-22 CHCMJAN -01 -1900 12:02 FROM TO 5693494 P.03 MINUTES OF THE JANUARY 22, 2003 JOINT MEETING OF THE BROOKLYN CENTER CHARTER COMMISSION AND BROOKLYN CENTER CITY COUNCIL, AND BROOKLYN CENTER CHARTER COMMISSION Attending for the Charter Commission were Chairman Sy Knapp, Members Walter Bursch, Rich Theis, Harold Middleton, Roni Brunner, Carl Wolter, Eileen Oslund and Kris Lawrence Anderson, and Secretary Stan Leino. Ai nding for the City Council were Mayor Kmgness and Councilmembers Peppe, Lasman and Carmody. The joint meeting was called to order at 7:08 p.m. and introductions were made. Chair Knapp moved to item four on the agenda f o r the joint meeting with the City Council regarding amending §3.01 of the City Charter. The change is highlighted on page one of two of the January 13, 2003 memo. Discussion followed whether the new Statute is mandatory or permissive. Chair Knapp suggested that we are trying to avoid confusion and said that the intention of the Statute appears to be to decide some election disputes. Mayor Kragness said that the provision would take effect on the first Monday of January, which could be before the First Council meeting of a new year. Why fix it if it is not broken? Theis noted that the new Statute is more precise than the current §3.01. Lasman noted that §3.01 offers flexibility, such as for emergency ordinances. She noted that emergency ordinances have been invoked. Chair Knapp pointed out that even before the first Monday in January, the prior Council would still hold power. The new Statute only applies to a general election. Mayer Kragness said that the problem seems to be with the phrase "until their successors qualify." Chair Knapp suggested asking the City Attorney for an opinion. A recommendation on 3.01 had been made at the June Charter Commission meeting and that recommendation still stands. Mayor Kragness suggested changing "Monday" to "first business day." Mayor Kragness also suggested that the City Attorney be solicited for an opinion. Chair Knapp summarized the concerns: The date seems to be an issue. The swearing -in ceremony seems to be a second issue. Interim Assistant City Manager Sharon Klumpp said that one can take office by signing the oath before the First meeting. If the Commission does nothing, then the recommendation from June stands. 2. Chair Knapp said that a third issue seems to be the second sentence of §412.02, subdivision Mayor Kragness said that on January 1, the new officers take control. She suggested changing the date to January 1. I`heis emphasized that he wants the issue of the date versus- swearing -in- ceremony to be resolved. JAN-01-1900 12:03 FROM TO 5693494 P.04 JANUARY 7-2,2003 MINUTES Page 2 Leino moved to submit the 'issue to the City Manager and Bursch seconded. Theis sought to amend the Motion to delay the June recommendation. Lcino accepted the friendly amendment. Motion passed unanimously. Lasman asked that the Commission consider §4.05 of the Charter bec4use it might not be in compliance with State law. Chair Knapp agreed to bring the issue to the Commission. Lasman also asked that the Commission consider problems with §3.07. Chair Knapp suggested that the reading was required to keep the public 'informed. The full resolution is in the Council Meeting materials. Lasman asked why §6.02, subdivision 3 was ch�mged. Chair Knapp said that the concern -,A,-as that removal of City employees could involve liability with the City. Wolter said that the change was made to make the relationship between the Council and City Manager clearer. Mayor Kragness said that the Charter said that the City Manager i,p an employee of the Council and handles administrative functions. The City Council then adjourned. Lawrence-Anderson asked to be excused at 8:31 p.m. Brunner moved and Theis seconded to approve the Minutes of the June 26, 2002 meeting. Motion passed unanimously. The record of the October 23, 2002 has been included in the Minutes of the present meeting. The phrase "City Council" was changed to "Commission." Chair Knapp noted that the Brool;dyn Center Birthday Celebration 1! on February B, 2003- Oslund was nominated for special recognition. Brunner suggested that Cl air Knapp go. Theis suggested that Wolter go. Motion was made and seconded to have Osh-nd attend for special recognition. Motion passed unanimously with Oslund abstaining. Wolter moved to adjourn and Bumch seconded. Motion passed inanimously. Meeting adjourned at 9:14 p.m. R p ctfully ubrru'ned, Stan J. L& 0 Secretary TOTRL P.04