HomeMy WebLinkAbout1978 10-25 CHCMMinutes of the Proceedings of the
BROOKLYN CENTER CHARTER COITMISSION
Wednesday, October 25, 1978
Call to order: Chairman Kanatz called the meeting to order at 8:07 p.m.
Present: Commissioners Cheryl Asplund, Jerry Campion, Robert DeVries, James Gillen,
Mona Hintzman, Viola Kanatz, Frank Kampmeyer, Barbara Swart, Vincent
Tubman, and Ann Wallerstedt were present.
Absent: Commissioners Betty Johnson (ill), William Hannay (in New Orleans), Orlander
Nelson (at Fire Department presentation) and Edwin Theisen were absent.
Minutes: Motion by Commissioner Gillen, seconded by Commissioner Kampmeyer that the
minutes of June 12 be approved. Motion .carried unanimously.
Chairman Karatz's Report of Presentation to City Ccuncil: Chairman Kanatz met with
City Manager Jerry Splinter and City Attorney Richard Schieffer on August 7
about the charter amendments passed June 12 by the Brooklyn Center Charter
Commission. Date for presentation to the City Council.was October 16.
The city manager and city attorney were still in the process of evaluating
the amendments. There appears to be no time requirement for handling these
amendments.
Amendment 2: The city attorney believes that this amendment is unconsti-
tutional, that it may impinge on the right to hold office and conflicts
with Article 7, section 6 of the Minnesota State Constitution. It has not
been tested in the Supreme.Court. No information on limitation of terms
was available at the League of 1hinicipalities. However, the,twenty- second
amendment to the United States Constitution limits the presidency to two
terms. Would an unexpired term court as one term?
Amendment 5: City attorney suggests that amendment read "14innesota Open
Meeting Law" rather than "State Open Meeting Law" as it is the name 1 -ised
for the statute.
Amendment 9: The mayor suggested that publishing an ordinance within thirty
days could also mean within the preceding thirty days.
Amendment 16: VIho would be named for violation? it would depend on the
facts of the case as to who created the violation.
Amendment 18: The amendment removes the city clerk from custodian of the,
public records. It is inappropriate not to name someone. The Charter
Commission had felt that this section naming the city clerk's duties was
a duplication of Section 3:02.
Amendment 19: City attorney said that limits are established by the Uniform
Municipal Contracting Law numbers 471.345, 412.311 and 412.691. Dollar
amounts should be given. $1,000 changed to $2,000 and $2,000 changed to
$5,000.
Amendment 20: Uniform Municipal Contracting Law, MSA 471.345 should be
given.
Brooklyn Center Charter Commission
October 25, 1978
page two
Amendment 21: City has been subject to MSA 475, state statute superce'des
a local debt limit.
Amendment 23: This amendment uses word 1 °electors" while sections 5.07
and 5.10 uses voter. Use elector throughout the charter.
Amendment 24: City attorney suggests that gender be corrected by using
a noun rather than pronoun.
Next City Council meeting is set for October 30., Commissioner Tubman
suggested that as many commissioners attend the council meeting to answer
questions and indicate the commissioners want action.
Resignation: Chariamn Kanatz announced that Commissioner Richard Higgins had resigned.
Interested individuals interested in filling the vacancy should contact
Commissioners Kanatz or Gillen.
Discussion: Motion by Commissioner Wallersted, seconded by Commissioner Gillen that
charter commission minutes include more of the discussion.. Commissioner
Swart reported that the discussion was taken out of the early minutes because
the discussion was slanted. Commissioners voting for the motion were
Commissioners Asp-lund, DeVrieo, Kanatz and Wallerstedt. Those against the
motion were Commissioners Campion, Gillen, Hintzman, Swart and Tubman.
Motion defeated.
Commissioner Kampmeyer left the meeting at 9 :35 p.m. He was not present
for the above vote.
Next meeting: Next meeting of the Charter Commission will be November 29th at 8 p.m
when applicants will be interviewed.
Adjournment: The meeting was adjourned at 9 150 pm,
Chairman: Viola K,--Lnat?
Secretary: Barbara Swart
Respectfully submitted)
Barbara Sexton
Secretarial Assistant