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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