HomeMy WebLinkAbout1978 03-22 CHCMMinutes of the Proceedings of the
BROOKLYN CENTER CHU,RTER COMMISSION
Wednesday, March 22, 1978
Call to order: The meeting was called to order by Chairman Viola Kanatz.
Present: Commissioners Cheryl Asplund, Robert DeVries, Richard Higgins, Mona
Hintzman, Betty Johnson, Frank Kampmeyer, William Hannay, Viola
Kanatz, Edwin Theisen, Ann Wallerstedt, Vincent Tubman with James
Gillen arriving at 9:05 p.m.
Absent: Commissioners Barbara Swart and Orlander Nelson both called in that
they were ill.
Minutes: Motion by Commissioner Hannay, seconded by Commissioner Hintzman that
the minutes be approved. Motion carried.
Candidates: All interested candidates for Charter Commission were called. Four
people were still interested: Vern Ausen, Don Escher, George `iayleben,
and Jerry Campion.
Review of Chapter 6:
Sections 6.01, 6.02, 6.03: No changes were recommended,
Section 6.04: "The clerk may be designated" conflicts with section 3.02 "The
clerk shall be secretary of the Cou11C An administrative
assistant now takes the minutes as the designated appointee of the
city clerk. Motion by Commissioner Higgins, seconded by Commissioner
DeVries that the sentence be deleted in section 6..04 as redundant to
section 3.02. Voting in favor of the motion: Commissioners Aspliind,
DeVries, Higgins, Hintzman, Johnson, Kampmeyer, Hannay, Theisen,
Tubman, Voting agaist the motion: Commissioner Wallerstedt.
Section 6.05 :Study Group II recommended charging the $1,000 to $2,000, Commissioner
Hintzman discussed this with the mayor, city council, treasurer and
city manager, The $1,000 did not seem to present a problem. Limits
set by state statute Section 471.345 supercede the charter.For purchases
over $10,000, city must take bids, Motion by Commissioner Hannay that
the principle of the $1,000 limit be changed to $2,000, seconded by
C�mmissionc r FliggIns, ?dot_? car:- _ed unanimously.
Motion by Commissioner Hintzman, seconded by Commissioner Asplund that
language will be drafted that "if such contract exceeds last stated
amount but is less than limit set by state statute the city manager
must have approval of the city council. Motion carried unanimously.
Section 6.06: If change to 7 man council, 4j5 vote needs changing. $2500 should
be deleted. City must conform to state statute. Over the amount in the
statute, the city must let bids, under the amount, the city can get
quotations. Motion by Commissioner Hintzman, seconded by Commissioner
Hannay that this section be raised to conform to the change in section
6.05. Motion carried unanimously.
Brooklyn Center Charter Commission
March 22, 1978
page two
Add Section 6.07: "The sworn duty of the City Attorney shall be to protect and
uphold the right of the people, other duties may be prescribed by the
Council." Commissioner Hannay stated that law should be interpreted
for the good of the people. The city attorney is now an employee of
the City Council. Should the city attorney be elected?
Motion by Commissioner Hannay, seconded by Commissioner Tubman that
language be drafted making the position of city attorney responsive
to the people that election of the city attorney be considered.
The city attorney interpretes whether actions of the city council are
legal. Citizens have recourse. The city attorney gives legal advice
to the council, notto the people.
Commissioners in favor of the motion: WaYlersted, Hannay, Hintzman
Tubman and Johnson; commissioners opposed to the motion: Asplund,
Higgins, Theisen, DeVries, Kampmeyer. Chairman Kanatz voted against
the motion to break the tie vote. Motion lost.
Section 7.08: The 4/5 vote would have to be changed if number of council members
is changed.
Section 7.16: This section is meaningless. The bond limit can be set lower
than that of state statute 475.753.
Commissioner Kampmeyer left at 9 p.m. Commissioner Gillen arrived
at 9:05 p.m.
Discussion that revenue bonds are not supported by tax payers, but
by that specific funding. General obligation bonds: bond debt
limit is a percentage of assessed valuation.. Check to see why this
section was included in the charter. Would the absence of any
language be a problem. Motion by Commissioner DeVries, seconded by
Commissioner Theisen that this section be referred back for further
study to Study Group II. Section 7.16 tabled for further information.
Section 8.03: 4/5 vote should be changed if number of council members is
changed.
Next meeting: The next meeting of the charter commission will be April 26 when
Chapters 3 and 4 will be reviewed, Chapters 9, 10, 11, and 12 if there
is time.
Adjournment: Motion by Commissioner Asplund, seconded by Commissioner Tubman
that the meeting be adjourned. Motion carried.
Chairman: Viola Kanatz
Respectfully submitted:
i
Secretary: Barbara Swart
Barbara Sexton
Secretarial Assistant