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Home My WebLink About1978 06-12 CHCMMinutes of the Proceedings of the BROOKLYN CENTER CHARTER CO�IMISSION Monday, June 12, 1978 Call to order: The meeting was called to order at'8:10 p.m..by Chairman Viola Kanatz. Poll call: Commissioners Cheryl Asplund, Jerry Campion, Robert DeVries, James Gillen, William Mona Hintzman, Betty Johnson, Frank Kampmeyer Viola Kanatz, Orlander Nelson, Edwin Theisen, Vincent Tubman, and Ann Wallerstedt were present. Commissioners Richard and Swart were absent. Minutes: Motion Commissioner Theisen, seconded by Commissioner DeVries that a full commission is 14 members. Motion carried unanimously. Motion r)y Commissioner Gillen, seconded-by Commissioner h intLman that the minutes of May 24 be approve-•. :.vLiut. cap: _mac: u.as „gu >u��y. 8 :20 p.m. Commissioner Swart arrived at the meeting. Rules of procedure have not been changed, ten commissioners must vote for an amendment to pass. Amendment 1: Sec. 2.03. Commissioner Theisen quoted the rule from Roberts' Rules of Oijer that someone on the prevailing side must -vote to reconsider a motion. The chair ruled that if a body may change its own rules of Drocedure it may also choose not to follow Roberts' Rules of order. The Charter Commission established an ad hoc procedure .and ,pocial rules of procedure were voted on. Commissioner Theisen stated that he representing the minority indicate that they perceive to be the intent of the motion such as that it be made by the prevailing side. delete add The Council shall, be composed of a Mayor and €ette six Councilmen who shall be registered -oters of Brooklyn Center, and who shall be elected at large. Motion by Commissioner Gillen, seconded by Commissioner Campion that Amendment 1 be approved. Commissioners voting for Amendment 1 were Commissioners Campion, Gillen, Hannay, Hintzman, Johnson, Nelson, Swart, and Tubman. Commissioners Asplund, DeVries, Kampmeyer, 'Theisen and Wallerstedt voted against the amendment. Commissioner Kanatz abstained. Motion defeated. Amendment 2: Sec. 2.03, Each Councilman shall serve for a term of three years, but no more than 2 consecutive terms. The Mayor shall serve for a teat of two years, but for no more than 3 cerseeutive terms. Motion by Commissioner Millen, seconded by Commissioner Hintzman that Amendment 2 be approved. Commissioners voting for Amendment 2 were Commissioners Campion, DeVries, Gillen, Hannay, Hintzman., Johnson, Kampmeyer, Nelson, Swart, Turman, and Wallersted. Commissioners opposed to Amendment 2 were Asplund and Theisen. Commissioner Kanatz abstlained. Motion carried. Brooklyn Center Charter Commission June 12, 1978 page two Amendment 3: Sec. 2.04. No member of the Council shall be appointed City Manager, nor shall any member hold any paid municipal-office or employment for the City; and until one year after-the expiration of his term or his resignation from the office of Mayor or Councilman, no former member shall be appointed to any full time paid appointive office or employ-- went for the City caheh- asee- er- en:p�oymex�t= c�as- ere$ted -er -eke etnelements a wh�e�t were- �nereasec�- e�e�r�ag- �i::s- tee- as- Eotsne�ntea. Motion by Commissioner Gillen, seconded by Commissioner Nelson that Amendment 3 be approved. Commissioners in favor of Amendment 3 were Asplund,,Campion, DeVries., Gillen, Hannay:, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman, and Wallerstedt with Commissioner Kanatz bstcai ii ig. MuLion L'dY`i led. Amendment 4: Sec. 2.05. The quorum of the Council consists of three f3} four (4) members, if at any time the membership of the Council is reduced to less than ehree {4} four (4) the remaining members may by unanimous action appoint additional members to raise the membership to three-43} four (4). s Motion by Commissioner Gillen, seconded by Commissioner Hannay that Amendment 4 be approved. Commissioners Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Tubman, and Wallerstedt voted for Amendment 4. Those opposed were Commissioners Asplund and Theisen. Commissioner Kanatz abstained. Motion carried. Amendment 5: Sec. 3.01. The.Mayor or any two members of the Council may call special meetings of the Council upon at least twelve hourly twenty- four hours' notice to each member of the Council. All meetings of the Council shall be peblle in compliance with the -St44e_ Open Meeting Law, and any records thereof shall be made avail- able at all reasonable times. Motion by Commissioner Gillen, seconded by Commissioner Wallerstedt that Amendment 5 be approved. Commissioners Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman, and Wallerstedt. Commissioner Asplund opposed the amendment. Commissioner Kanatz abstained. Motion carried. Amendment 6 Sec. 3.03. The Council may shall by ordinance provide a means by which a minority may shall compel the attendance of absent members. Motion by Commissioner Gillen, seconded.by Commissioner Campion that Amendment 6 be approved. Commissioners Asplund, Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman, and Wallerstedt voted for the amendment. Commissioner Kanatz abstained. Motion carried. s Brooklyn Center Charter Commission June 12, 1978 .page three Amendment 7: Sec. 3.04. The aye and no vote and abstentions on ordinances, resolutions and motions shall be recorded. Motion by Commissioner Gillen, seconded by Commissioner Hannay that Amendment 7 be approved. Commissioners Asplund, Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman, and Wallerstedt voted for the amendment. Commissioner Kanatz abstained. Motion carried. Amendment 8: Sec. 3.05. Every ordinance, other than an emergency ordinance, shall be published in the legal official newspaper at least one week prior_ to the final passage. l i.'✓ILLVii y l` LiW11.��7y1Vli...i til- --a, w�`.4 if it tied Lo� LL.}a.iiLt i sic E:i Har.iLa ��1fiL Amendment 8 be approved. Commissioners.Asplund, Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman, and Wallerstedt voted for the amendment.. Commissioner Kanatz abstained. Motion carried. Amendment 9: Sec. 3.08. Every ordinance shall be published at least once in the official newspaper within 30 days dfafts final passage. Motion by Commissioner Gillen, seconded by Commissioner Nelson that Amendment 9 be approved. Commissioners Asplund, Campion, DeVries, Gillen, Iiannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman, and Wallerstedt voted for the amendment. Commissioner Kanatz abstained. Motion carried. Amendment 10: Sec. 4.01. The City Clerk'shall give at least two (2) weeks' previous notice of the time and place of holding such elections 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. Liotio i by Coimaissicner Gillen, seconded b Commissioner Asplund that Amendment 10 be approved. Commissioners Asplund, Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman, and 'Wallerstedt votess for the amendment. Commissioner Kanatz abstained. Motion carried. Amendment 11: Sec. 4.02. On Tuesday, at least si-x(6) weeks in.advance of the regular municipal election, there shall be a primary election for the selection of ere three nominees for each elected office at the regular imuriciapl election unless no more than two three nominees fle for each elective office. When two vacancies exist on the Council and the number of candidates is more than four six, the four six candidates receiving the highest number of votes shall be the nominees for the office named. Brooklyn Center Charter Commission June 12, 1978 page four Motion by Commissioner Gillen, seconded by Commissioner Johnson that Amendment 11 be approved.' Commissioners Asplund, Campion, DeVries, Gillen, Hannay Hintzman, Johnson, Kampmeyer,Nelson, Swart, Tubman, and Wallerstedt voted for the amendment. Commissioner Theisen opposed the amendment. Commissioner Kanatz abstained. Motion carried. Amendment 12: Sec. 4.03. At least three (3) weeks of weekly published notice of a special election shall be given in the official newspaper. Motion by Commissioner Gillen, seconded by Commissioner Campion that Amendment 12 be approved. Commissioners Asplund, Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman, and Wallerstedt voted for the amendment. Commissioner Kanatz abstained. Motion carried. Amendment 13: Sec. 5.01: This chapter shall be construed liberally in favor of the people. Motion by Commissioner Hintzman, seconded by Commissioner Gillen that Amendment 13 be approved. Commissioners Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, and Tubman voted for the amendment. Commissioners Asplund and- Wallerstedt opposed the amendment. Commissioner Kanatz abstained. Motion carried. Amendment 14: Sec. 5.02. The- eoiamttee; -at- feast- five- {33- da►s- befere -size eleetletiz; size Ella -atiz- the- Eitq- Pianager- a- .nanelal- statement *ae�lf led- iz�► -e- member- ef- t?�e- cemm�ttre; whiei�- sha��- sheer- in- �tem�aec� Bets ell- reeelpts �tiz- tire- secxree- tizereef -azed- alb- cisk�arsemerrt� end-$ ll- e�bllgetlens- te- msice- dtsiznrseme�tte. Motion by Commissioner Hintzman, seconded by Commissioner Hannay that Amendment 14 be approved. Commissioner Theisen spoke against the amendment that committee could be funded by some outside organization and paragraph should be maintained. Commissioner Tubman spoke for the am dment that 5 dz-' s I.S not a'ae q! ate to rtub? is 3_ze; that election would be challenged after the election, that council should provide for by ordinance. Commissioners Campion and Tubman voted for the amendment. Commissioners Asplund,DeVries, Gillen, Hannay, Hintzman, Johnson,, Kampmeyer, Nelson, Swart, Theisen, and Wallerstedt voted against the amendment. Commissioner Kanatz abstained. Motion defeated. Amendment 15: Sec. 5.02. (new paragraph) The City shall not expend City money or services in favor of or in opposition to the petition. Motion by Commissioner Hintzman, seconded by Commissioner Hannay that Amendment 15 be approved. Commissioners Asplund, Campion, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman, and Wallerstedt voted for the amendment, Commissioner DeVries opposed the amendment. Commissioner Kanatz abstained. Motion carried. Brooklyn Center Charter Commission June 12, 1978 page five Amendment 16: Sec. 5.02. Any violation of the provisions of this aectten paragraph shall constitute a misdemeanor. Motion by Commissioner Theisen, seconded by Commissioner Asplund that the word "section" be kept and that it follow Amendment 15 in the charter. Commissioners Asplund, Campion, DeVries,Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, 'Theisen, Tubman, and Wallerstedt voted for the motion. Commissioner Kanatz abstained. Motion carried. Amendment 17: Sec. 5.09. Substitute 410.12 subdivision 7 for 4410.31 (in title), Delete Subdivision 1 entire paragraph. Delete Subd, 2, 3, 4, and arrange in one paragraph. notion by Commissioner Hintzman, seconded by Commissioner Gillen that Amendment 17 be approved. Commissioners Asplund, Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson,Swart, 'Theisen, Tubman, and Wallerstedt voted for the amendment. Commissioner Kanatz abstained. Motion carried. Remove reference to laws at bottom of page. Amendment 18: Sec. 6.04. the- Eity- �ler�e- shad -be- subject -te- tire- d3reetea -e€ -the E�ty- Hafle��i. end- shs��- hatre- c�t�ties- in- cex�aeetien- �a�th- the keeping -e€ tine- �et�lic- �e:°arc�s- end- saei�- eti�er- duties- es- mey -be- assign ed- by °t•be -Eity Z isr�eger- er- t}�e- preeris�eres- a ties- c�srter Motion by Commissioner Hintzman, seconded by Commissioner DeVries that Amendment 18 be approved. Commissioners Asplund, Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman.; and Wallerstedt voted for the amendment.. Commissioner Kanatz abstained. Motion carried. Amendment 19: Sec. 6.05. The City Manager may make or let contracts.for the purchase of merchandise, materials or equipment, or any kind of construction work the amount of such contract does not exceed eae thcesar;d dollars {$1;889} limits established by state statute. st�eh -a ®retract- e�:eeeds- �?�e- lest stated- emeunt- bet- is- les:� °tbei� ts�en p- rave- hnndxec� °c�t�118rs- {�z;g9f, sense- me}► 3e- afede -er- let -b;� t�tr- &ity °P�.engger- after- ��rst- abt8�r�ia�- tie- apprevel- ef- t?�e:- City- ce�neil. Motion by Commissioner Hintzman, seconded by Commissioner Gillen that Amendment 19 be approved. Commissioners Asplund, Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Rampmeyer, Nelson, Swart, Theisen', Tubman, and Wallerstedt voted for the amendment.- Commissioner Kanatz abstained. Motion carried. Amendment 20: Sec. 6.06. Every contract for the purchase of merchandise, materials or equipment, or for any kind of construction_ work where the amount involved mss- mare than.- twenty- €tve- ht�adred- dollars- {$z�;58&;98} exceeds the limits set by state statute shall be let only by the Brooklyn Center Charter Commission June 12, 1978 page six Council upon the recommendation of the City Manager to the lowest responsible bidder., unless the Council shall otherwise provide by resolution adopted by a vote of a majority of the Council and published once in the official legal newspaper of the City. Motion by Commissioner Hintzman, seconded-by Commissioner Gillen that Amendment 20 be approved. Commissioners Asplund, Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman, and Wallerstedt'voted for the amendment. Commissioner Kanatz abstained. Motion carried. Amendment 21: Sec. 7.16, delete Motion by Commissioner Hintzman, seconded by Commissioner Hannay that Amendment 21 be approved. Commissioners Asplund, Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman, and Wallerstedt voted for the amendment. Commissioner Kanatz abstained. Motion carried. Amendment 22: not applicable. Amendment 23: Sec. 11.01. It may construct all facilities reasonably needed for that purpose and may acquire any existing utility properties so needed; but such acquistion action may only be taken by an ordinance, wh eh -shall approved by a of the electors voting thereon, at a general or special election. Sec. 11.04, The Council may, if the public interests will be served thereby, contract with-any responsible person, co- partnership or corporation for the operation of any utility owned by the City, upon such rentals and conditions as it may deem necessary; but such contract shall be embodied in and let only by an ordinance approved by he- &ee�ne toad- stsbect- te- pa�aler reteercde� a majority of the voting thereon, at a general or special election. Gt2eh erc��nanee- shelf- net ire aa- eiaerg�c�► =e�c��nsr�ze. Motion by Commissioner Kampmeyer, seconded by Commissioner Hannay that Amendment 23 be approved. Commissioners Asplund, Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman, and Wallerstedt voted for the amendment.- Commissioner Kanatz abstained. Motion carried: Amendment 24: Correct gender throughout charter to he /she. Motion by Commissioner Wallerstedt, seconded by Commissioner DeVries that amendment 24 be approved. Commissioners Asplund,.Campion, DeVries, Gillen, Hannay, Hintzman, Johnson, Kampmeyer, Nelson, Swart, Theisen, Tubman, and Wallerstedt voted for the amendment. Commissioner Kanatz abstained. Motion carried. t Brooklyn Center Charter Commission June 12, 1978 page seven 9:40 Commissioner Kampmeyer was excused from the meeting. Next meeting: Next meeting will be September 27. Adjournment: Motion by Commissioner Hannay, seconded by Commissioner Hintzman that the meeting be adjourned. Motion carried. Meeting adjourned at 9:55 p.m. Respectfully submitted: Chairman: Viola Kanatz Secretary: Barbara Swart Barbara Sexton Secretarial Assistant