HomeMy WebLinkAbout2007 01-24 CHCAJANUARY 24, 2007 MEETING OF THE BROOKLYN CENTER
CHARTER COMMISSION
Brooklyn Center City Hall
UWAil "9.1
Call to Order: 7:00 pm.
2. Roll Call
3. Consideration of the Minutes of October 25, 2006 Meeting
4. Old Business
a. Proposed Charter Commission changes tabled in 2006
5. New Business
a. Report of the Nominating Committee for 2007 Officers
b. Election and appointment of 2007 Officers
c. Report of Audit Chair
d. Any other new business?
6. Future Meeting Dates
7. Adjournment
January 3, 2007
TO: Charter Commissioners
FROM: Stan J. Leino, Charter Commission Chairman
RE: Special Recognition Awards for Brooklyn Center Birthday
Dear Commissioners,
As of today, I have received four replies to the earlier correspondence
regarding nominees for Special Recognition at the Brooklyn Center Birthday
Celebration next month. My reason for not placing the item on the Agenda is that
the Committee needs our nomination—if we choose to have one—by January
19, 2007. We have previously tallied a nomination without a formal Meeting.
The tally so far is:
Rich Theis: 1 vote by e-mail
Gary Brown: I vote in writing
Stan Leino: 2 votes by voice
The voter for Gary Brown indicated that we should also pay for the
honoree's attendance at the Special Event, which includes dinner. Some of our
past recipients have been Eileen Oslund and Harold Middleton.
I am reluctant to put forward a name based on such a slim amount of
votes, particularly since the matter would look like the ultimate in nepotism. I
would appreciate those of you who have not voted to give me your vote in some
manner,
Thanks,
Stan J. Leino
MT City of Brooklyn Center
A Millennium Community
September 21, 2006
Mr. Stan Leino
Charter Commission Chair
7118 France Avenue North
Brooklyn Center, MN 55429
Dear Mr. Leino:
At its September 11, 2006, Work Session, the City Council reviewed the proposed amendments to the
Charter as submitted by the Charter Commission. The City Council discussed the proposed changes to
Section 3.11 and Section 4.04 of the City Charter and recommended the following changes:
Section 3.11
Change the wording to read: for general distribution to the public in accordance with
Council policy."
Section 4.04
Change the title of the section to read: "FILE BY FEE OR BY PETITION"
Remove the word "Minnesota" so that it reads: "Affidavit of Candidacy"
These recommended changes are being forwarded to you for further consideration by the Charter
Commission. Enclosed is an excerpt from the draft minutes of the September 11, 2006, Study Session
and Work Session regarding the Charter Commission's proposed amendments.
After the Charter Commission has reviewed the Council recommendations, please inform the City Clerk
as to the Charter Commission's review and recommendation.
Sincerely,
Cornell' Boganey
Interim City Manager
Enclosure
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
www.cityofbrooklyncenter.org
CITY COUNCIL STUDY SESSION
Mr. Boganey stated there was no quorum for the Financial Commission meeting, therefore the
meeting was rescheduled for September 19, 2006, and it will be back on a Work Session agenda
following that meeting.
CHARTER COMMISSION PROPOSED AMENDMENTS
Mr. Boganey stated the proposed changes to the Charter have been reviewed by the City
Attorney who has no objection. He stated it requires a unanimous vote by the City Council for
the changes to be effective. He requested direction from the City Council. He asked if this item
should be placed on the agenda as a recommendation or returned to the Charter Commission for
further consideration.
The City Council discussed the proposed changes to the Charter.
Councilmember O'Connor indicated that she would like to omit the word "registered" and not
require citizens to be registered in order to participate in a petition.
Mr. Boganey explained that if the Charter requires the citizen signing the petition to be
registered, the City Clerk can confirm that registration by checking the State voter registration
database, however if the Charter does not require them to be registered, it would be difficult to
check if the individual is an eligible voter. He stated if the Charter does not require the word
"registered," the filing individual would most likely need more than 50 petitioning signatures so
that at least 50 registered voters are found on the petition.
The City Council discussed the codification, availability of the documents on the City's website,
and charges for copies of the document. They discussed recommendations of the previous City
Manager regarding "general distribution." Mayor Kragness read from the minutes of a previous
meeting that discussed the fact that charging for just one page may not be effective.
Councilmember Niesen stated she picked up copies of a document and was charged a fee per
page and stated objection to that, being a City Councilmember. She stated she would like to see
everyone charged the same fee for copies of documents.
Mr. Boganey discussed the State law which states that for 100 pages or less, $.25 per page for
black and white copies is a reasonable charge. He stated this does not mean that the City has to
charge $.25 per page; however 99% of the time, when a request for public data is submitted, the
customer is going to be charged $.25 per page. He stated this does not prevent the City from
giving away copies of information that it wants the general public to have.
ADJOURNMENT
Councilmember Carmody moved and Councilmember Lasman seconded to close the Study
Session at 6:46 p.m.
Motion passed unanimously.
City Clerk
Mayor
09/11/06 3 DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
SEPTEMBER 11, 2006
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work
Session and was called to order by Mayor/President Myrna Kragness at 8:00 p.m.
ROLL CALL
Mayor/President Myrna Kragness and Councilmembers /Commissioners Kathleen Carmody, Kay
Lasman, Diane Niesen, and Mary O'Connor. Also present were Interim City Manager Curt
Boganey, Community Development Director Brad Hoffinan, and Deputy City Clerk Camille
Worley.
CHARTER COMMISSION PROPOSED AMENDMENTS
Councilmember Lasman stated the proposed amendments for Section 4.04 in that a fee of $25 is
acceptable to her.
The City Council discussed the proposed changes to Section 4.04. Interim City Manager Curt
Boganey explained that the Charter Commission felt that requiring those signing a petition to be
registered voters, eligible to vote is appropriate. He pointed out that it might be appropriate to
omit the words "Minnesota Affidavit of Candidacy" because there is not State Law that requires
the City to use the "Minnesota Affidavit of Candidacy." He explained that if the State
discontinued providing the "Minnesota Affidavit of Candidacy," the City would be required to
create its own Affidavit, thus requiring a Charter amendment. The City Council discussed this
issue and it was the unanimous consensus to remove the word "Minnesota" from this section of
the Charter so that it reads: "Affidavit of Candidacy."
It was the unanimous consensus of the City Council also to amend Section 4.04 to state: "File by
Fee or by Petition" in the title of Section 4.04.
The City Council discussed the fee or reasonable charge. Mr. Boganey stated if the language is
left as presented, the data practices law clearly establishes what should be charged for provided
copies. He stated a problem could occur if the City did not want to charge someone for
documents, due to the way it is presented. He stated the State Law does not say that the City has
to charge everyone for every page received from the City. He stated if the language is adopted,
will it be interpreted that charges must occur.
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09/11/06 1 DRAFT
CITY COUNCIL WORK SESSION
Councilmember Niesen discussed that she was charged $.25 per page and stated if the City is
going to give Staff the discretion to charge or not, Councilmembers should not be charged. Mr.
Boganey stated Councilmember Niesen was charged for information she requested as a citizen,
not as a Councilmember per her public data request. He stated if Councilmember Niesen were
directed by the City Council to come into the office and collect information or if she came in
requesting information as a City Council member, she would not be charged.
The City Council discussed the language and what should be charged for documents. It was
discussed that charging for less than (for example) three pages, would not be cost effective.
The City Council discussed and determined that the following language is appropriate: "for
general distribution to the public in accordance with Council policy." Mr. Boganey stated these
changes should be forwarded to the Charter Commission for further consideration.
Councilmember Niesen proposed that the $.25 per page be reduced. The Council discussed this
proposal and pointed out that the $.25 per page includes the labor to retrieve the document,
photocopy, and then return it to its original location.
COUNCIL CANDIDATE PACKET REQUEST NOT ON THE AGENDA
Mr. Boganey discussed the matter in which Council Candidate Dan Ryan requested a complete
City Council packet. He stated he felt the Council Candidates should be able to pick up a copy
of the packet, due to a set precedence in that the SunPost receives a complete packet at no
charge. He stated the City can charge the candidates or it can continue to provide the copies. He
suggested the City not mail the documents unless the candidate is reimbursing the City for
postage.
Councilmember Niesen stated concern that confidential information is included in the packet.
Mr. Boganey stated confidential information would not be distributed to parties other than the
City Council.
The City Council discussed the matter and determined by majority consensus that after the
Primary Election, those Council Candidates who make a request prior to the Wednesday before
the City Council meeting may pick up a packet on the Monday of the City Council meeting.
RECOMMENDATION REGARDING INVESTMENT POLICY MODIFICATIONS PER
AUDIT (TENTATIVE REQUEST) CITY MANAGER
Councilmember Niesen requested that this item be reopened for discussion. Councilmember
Carmody stated the item was already discussed and the City Council has moved on.
Councilmember Lasman stated the Financial Commission was to meet before the City Council
discusses the item. Mr. Boganey stated if Councilmember Niesen submits her questions, he will
provide answers for her.
09/11/06 2 DRAFT