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HomeMy WebLinkAbout1996 09-25 CHCMBROOKLYN CENTER CHARTER COMMISSION SEPTEMBER 25, 1996 7 P.M. CONFERENCE ROOM B CALL TO ORDER The meeting was called to order by Chair Willson at 7:42 p.m. ROLL CALL Members present: Ulyssess Boyd, Walter Bursch, Nancy Carlson, Sy Knapp, Eileen Oslund, Todd Paulson, Diane Swanson, Janice Thielsen, Ted Willard, Tim Willson, and Carl Wolter Members absent and excused: Eric Marquardt, Rodney Snyder Members absent and unexcused: None. NOTE: Membership is at thirteen with the resignation of Robert Mickelson, and the term expiration of Tony Kuefler. APPROVAL OF MINUTES Motion by Ted Willard, seconded by Sy Knapp, to approve the minutes of May 22, 1996. Motion passed unanimously, with one member abstaining. 0 NOTE: Janice Thielson and Todd Paulson arrived at 7:04 p.m. CORRESPONDENCE Members had received copies of the following correspondence: I.,etter from the City Manager regarding Advisory Commission membership Letter from City Clerk regarding Resolution 96 -132, Appointment of city employees to city boards /commissions Letter from Chief Judge Burke announcing new Chief Judge Mabley Order from Chief Judge Mabley appointing Walter Bursch Order from Chief Judge Mabley reappointing Tim Willson Letter to SunPost newspaper regarding tonight's meeting. Chair Willson passed out copies of Robert Mickelson's resignation letter dated August 28, 1996. Chair Willson also mentioned that he had received a note from Tony Kuefler expressing thanks for being a part of the commission since 1986. His appointment ended September 18, 1996. At this point in the meeting, Chair Willson discussed acknowledging the years of service for both Mr. Kuefler and Mr. Mickelson. The Administrative Assistant will prepare the resolutions for presentation at a City Council meeting, as well as taking care of a clock for the outgoing members of the Charter Commission. OLD BUSINESS Sub Committee Report on Section 6.02, Subdivision 3(a) of the Charter Sy Knapp, Chair of the Sub Committee, reported that the committee had met on July 18, 1996. The May 20, 1996, letter from the League of Minnesota Cities was discussed, as well as the May 22, 1996, letter from Charles LeFevere regarding this subject. All commissioners were provided copies of these items. The League of Minnesota memo stated that in reviewing other city charters, the last sentence of that section is NOT in hardly any other charters. By removing the last sentence, it makes the city less liable. Diane Swanson arrived at 7:21 p.m. Research memos dated January, 1966 and January, 1974 were received by Sy Knapp, and will be copied for members by the next meeting. Motion by Sy Knapp, seconded by Eileen Oslund, that the Charter Commission recommend to the City Council the change in language to the Brooklyn Center Charter, which is the deletion of the last sentence in Section 6.02, Subdivision 3(a), which reads "Appointment and removal of department heads shall be made final only upon majority vote of the Council and that the Charter Commission recommend to the City Council the enactment of the amendment by ordinance as provided for in Section 3.04 of the Brooklyn Center City Charter, which means by majority approval. The Brooklyn Center Charter Commission should forward this recommendation to the City Council along with the letters from the League of Minnesota Cities and Charles LeFevere, and page 14 of the City Charter referencing this section. (NOTE: This motion strikes the entire last sentence in the charter in this section.) A lengthly discussion then followed. Commissioner Paulson stated he felt that the City Manager should receive approval from a majority of the Council on appointments of department heads, but felt that it was appropriate for the City Manager to alone handle department head terminations. Commissioner Paulson further stated that the matter of hiring vs. terminating should be separated from the motion. Several commissioners stated that the Council already was in agreement on this subject, and had indicated this in writing to the Charter Commission. Commissioner Paulson also stated that he felt there had not been enough discussion on this subject, and that further investigation and discussion was needed. Motion was made by Todd Paulson, seconded by Diane Swanson, to separate the issues of termination/removal and appointment of department heads from the original motion. Chair Willson stated that he was going to rule that this was a substitute motion, since it was so very different than the first and original motion made by Commissioner Knapp. Before the vote was taken, Chair Willson clarified how many votes were needed to pass the amendment, which was eight (8). Roll call vote was taken on the first and original motion which meant to delete the entire last sentence of Section 6.02, Subdivision 3(a). Voting for this motion were: Bursch, Carlson, Knapp, Oslund, Paulson, Swanson, Thielsen, Willard, Willson. Voting against this motion: Boyd, Wolter. Motion passed. Motion by Todd Paulson, seconded by Diane Swanson, that the Brooklyn Center Charter be amended to add the following sentence: "Appointment of department heads by the City Manager shall be confirmed by a majority vote of the City Council." Motion by Todd Paulson, seconded by Sy Knapp, to table the previous motion. Motion by Ted Willard, seconded by Eileen Oslund, to send the amendment directly to the Council and advise them what has been done to date. Motion passed unanimously. NEW BUSINESS *Chair Willson reminded members that there is the joint meeting of the Charter Commission and City Council on Monday, September 30, 1996 at 7 p.m. *Next regular meeting date will be October 23, 1996, at 7 p.m. ADJOURNMENT Motion by Todd Paulson, seconded by Carl Wolter, to adjourn the meeting at 9:21 P.M. Respectfully submitted, Carole J. Blowers Administrative Assistant