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HomeMy WebLinkAbout1972 04-19 CHCMMinutes of the Proceedings of Brooklyn Center Charter Commission April 19, 1972 Call to order: The meeting was called to order at 7:35 P.M. by Vice Chairman John Winkelman. Secretarial Assistant: The new secretarial assistant, Barbara Sexton,was introduced. Roll Call: Chairman Dorff, Commissioners Bush, Britts, Gillen, Hintzman, Present 12 Kampmever, McArthur, Olson, Stanley, Vennewitz, Welsh, and Absent 2 Winkelman were present. Absent were Commissioners Erickson and Johnson. Approval of Minutes: The addition of "by the members" was made to the third to last paragraph to read as follows: Chairman Dorff then appointed a committee comprised of Commissioners McArthur, Welsh, and Vennewitz to draft a resolution relative to the Commission's consensus that Section 2.02 of the City Charter should not be changed at this time setting forth the opinions expressed before the Commission by the members and other data acquired relative to the proposed change. The minutes of April 5, 1972 were approved with the correction. Time of Meeting: Motion by Commissioner Hintzman and seconded by Commissioner Olson that the Charter Commission meet the second and fourth Wednesdays of the month. Motion by Commissioner Stanley and seconded by Commissioner McArthur that the motion be tabled. Motion passed unanimously. Executive Committee: Commissioner Olson read of the minutes of the Executive Committee meeting of April 13, 1972. Appointment of Commissioner: Motion by Commissioner Stanley, seconded by Commissioner Hintzman to instruct Chairman Dorff to send letter to Judge Rolf Fosseen recommending the appointment of Vi Kanatz to the Charter Commission. The motion passed unanimously. Expiration of term: Commissioner Winkelman announced the expiration of his term on the Charter Commission on May 9, 1972. Term of Office: Motion by Commissioner Vennewitz, seconded by Commissioner Gillen that Chairman Dorff write Judge Rolf Fosseen and ask what constitutes a term of office before the expiration of other commissioners' terms in August. Motion carried unanimously. —1— 4 -19 -72 Resolution: Commissioner Welsh presented the following resolution to the Commission; RESOLUTION EXPRESSING THE BROOKLYN CENTER CHARTER COMMISSION'S DECISION ON THE PROPOSAL TO AMEND THE CITY CHARTER SECTION 2.02 WHEREAS, the Charter Commission of the City of Brooklyn Center convened on February 15, 1972; and WHEREAS, one of the first items of business was to study Councilman Vernon L. Ausen's proposal to amend Section 2.02 of the City Charter as presented in a letter of June 7, 1971 to the then Chairman, Virginia Tesch; and WHEREAS, the City of Brooklyn Center Charter prohibits Administrative Boards as set forth in Section 2.02; and WHEREAS, Councilman Vernon L. Ausen's proposal was to permit amending of City Ordinances to make it possible for the establishment of a Board of Appeals to be the final arbiter in matters such as variances from the zoning ordinances, subject to appeal of the Board's decision to the City Council by either the petitioner or the City Manager and subject to applicable judicial processes; and WHEREAS, Councilman Vernon L. Ausen's proposed Charter Amendment was studied at Charter Commission meetings as follows: February 15, 1972— introduction of Councilman Vernon L. Ausen's proposal. —March 1, 1972— reviewal and discussion of proposal. —March 8, 1972— Councilman Ausen discussed his proposal and at that time requested the Memo dated April 16, 1971 from the City Manager Donald Poss to Councilman Ausen be submitted to the Commission. —March 22, 1972— Action was taken to invite Mayor and Council— men to present their views on Councilman Ausen's proposal. —April 5, 1972— Mayor and Councilman appeared before Commission in separate time intervals to present their views on the proposal and to be questioned. Former Charter Commissioner Bill Arrell, and former Vice Chairman Ward Whalen were present and invited to state their opinions on proposed Charter Amendment. —2— 4 -19 -72 February 26, 1972 communication from Robert W. Jensen, present Planning Commission Chairman, was acknowledged; NOW, THEREFORE, BE IT RESOLVED by the City of Brooklyn Center Charter Commission, that the Commission does not approve amending Section 2.02 of the City Charter as proposed in that it has been determined: 1. that the best interests of the citizenry, and the welfare of the City as a whole, would not be best served by the establishment of an appointive laver of Legislative Action. 2. that the deliberative time of elected officials is not handicapped by variance considerations. 3. that there is not a history of complaints by citizens or petitioners of the present legislative procedure. 4. that the present City Governmental Structure is uncluttered, closest to people, and the elected Legislative Body is not insulated from the electorate. 5. that action on variances tends to change City ordinances by the establishment of precedent. 6. that administrative personnel would be charged with determining legislative items on appeals as stated in the proposal. 7. that after fair hearing it has been generally determined that no problem exists warranting such a change in the City Charter at this time. Motion by Commissioner Bush and seconded by Commissioner Kampmever to adopt the foregoing resolution as presented. motion carried unanimously. Committees: Chairman Dorff appointed two committees. Commissioner McArthur was appointed chairman of the Regular Elections Committee with Commissioners Vennewitz, Welsh, Hintzman, Glorff and Britts on the committee. Commissioner Kampmever was appointed chairman of the committee on Primary Elections and vacancies on the council with Commissioners Olson, Erickson, Bush, Gillen end Stanley on the committee. Next Meeting: Chairman Dorff announced the next meeting of the Charter Commission to be Mav 10 at 7:30 P.M. Adjournment: Motion by Commissioner Hintzman, seconded by Commissioner Venne— witz that the Charter Commission adjourn. Motion carried unanimouslv. Adjournment at 9 :40 P.M. Barbara Sexton, Secretary —3—