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Home My WebLink About1990 11-28 CHCMBROOKLYN CENTER CHARTER COMMISSION NOVEMBER 23, 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: Allen Anderson, David Ault, Ulyssess Boyd, Benjamin Chatelle, Ron Christenson, David Hildebrandt, Mona Hintzman, Barbara Sexton, Dennis Snook, Susan Warner, Beverly Wolfe Members absent and excused: Edward Commers, Tony Kuefler, Everett Lindh, Ted Willard Members absent and unexcused: None Also present: Gerald G. Splinter, City Manager APPROVAL OF MINUTES Motion by Ulyssess Boyd, seconded by Ben Chatelle to approve the meeting minutes of October 24, 1990, as presented, Motion passed unanimously. CORRESPONDENCE Chairperson Sexton stated that letters were sent to the Brooklyn Center Post and Northwest News regarding tonight's meeting. To her knowledge, the notice was not in either publication, Chairperson Sexton stated that everyone should have received a letter from Charlie Lefevere, City Attorney, dated November 7, 1990. Other correspondence that should have been received by members was a copy of a letter from Commissioner Kuefler regarding Section 2,05, Council Vacancies. Along with that letter was sent cap ies; of Section 2.05, 3.01, and 7.06 in ordinance form as was presented to the City Council in recent weeks. Also passed out at tonight's meeting was a letter from Commissioner Willard giving his views on Sections 2.05 and 3,01, OLD BUSINESS *City Cn_VTe,-A1 Action on Propns;Po_ Budget Chairperson Sexton stated that changes as presented by the Charter Commission to Section 3,01 were rejected because council members felt it was confusing and did not make -sense, especially the part "on or before the first regularly scheduled council meeting". Considerable discussion was held regarding Commissioner Willard's suggestion as to putting down our ideas as a concept and then having the City Attorney word it legally. *(1itV Counci" ACAJon ort__aLc Va R_oyi�- Jnns', Chairperson Sexton stated that Section 2. 05, Council Vacancies, was not approved by the city council on October 29 for various reasons. Mayor Nyquist does not 4 want special elect and wants primary elections, Councilmembe'r Pedlar questioned whether charter commission members felt there was something wrong with the appointment process of the past. Councilperson Paulson desires more openness and felt there is no need to list potential candidates. Councilperson Cohen reiterated the reasons the charter changed munici elections from odd years to even 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- Mi Ss 4 that �oner Hintzman stated 4 1 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 M ated 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 uncomfortable with wording as such. Commissioner Boyd also had a suggestion 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, member, felt this was unconstitutional, Discussion was again briefly held an the number of days to allow fi filing for Primary elections, We had suggested a c'.Iange 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. of 3 Fage-s 2 3 Ci The consensus of the cc mmis-Sion a _f ter aisn-1 j'n°-- n g on 7 thliG. se' �-.n wras l- newy- elected persons should be sworn in any time --al ter the first day of January and/or prior to the first city co 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 th e commission'• review in February, 1991. *(1itV Counci" ACAJon ort__aLc Va R_oyi�- Jnns', Chairperson Sexton stated that Section 2. 05, Council Vacancies, was not approved by the city council on October 29 for various reasons. Mayor Nyquist does not 4 want special elect and wants primary elections, Councilmembe'r Pedlar questioned whether charter commission members felt there was something wrong with the appointment process of the past. Councilperson Paulson desires more openness and felt there is no need to list potential candidates. Councilperson Cohen reiterated the reasons the charter changed munici elections from odd years to even 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- Mi Ss 4 that �oner Hintzman stated 4 1 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 M ated 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 uncomfortable with wording as such. Commissioner Boyd also had a suggestion 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, member, felt this was unconstitutional, Discussion was again briefly held an the number of days to allow fi filing for Primary elections, We had suggested a c'.Iange 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. of 3 Fage-s 2 3 Ci 0 C-- On Of t`- le citv e... t ra r ne "T s t� 'L 1�5 o n---;-- c ou r r .proposed a, me -n mentsz unt i I IL -h- e- F e b r a r y o T, ng l t i cj n pa un—animously, I I NEXT MEETING DATE w3 -Inf�� --,:in�ejjsus of the- meiifoer ,-.resent to set our next meeting date for 11 be our an—jal m. eting, ,7a uary a' 7 N T E s w i e ap Intments made at this and there will be qlsc of offic-2r-- and conmit l- .poi Tie i�- t n z ADJOLTRWRT meetins was adjourned at 3:06 10 j Carole J. Blowers, C. P, AdT- AssisTant Chair; Barbara Sexton ,q SPverI7 'Volfle 3 of 5 PaRes