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Home My WebLink About2006 10-25 CHCAOCTOBER 25, 2006 MEETING OF THE BROOKLYN CENTER CHARTER COMMISSION AGENDA 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Consideration of the Minutes of June 28, 2006 Meeting 4. Old Business a. City Council response to Charter change suggestions b. Direction /wishes of the Charter Commission regarding Charter Changes 5. New Business a. Any New Business? b. Nominating Committee for 2007 Officers 6. Future Meeting Dates 7. Adjournment STAN J. IXINO 7118 France Avenue North Brooklyn Center, Minnesota 554291446 Telephone: (763) 2346187 Facsimile: (763) 508 -7125 e -mail; flyfmn7C msn►.corq Sunday, July 2, 2006 A': Mister Charlie Lefevere, Esq., City Attorney City of Brooklyn Center 6310 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 -9989 RE: Charter Commission Recommendations Dear Mister Lefevere, By now, I hope that Ms. Knutson has forwarded to you our Charter change recommendations, assorted a -mails with attachments and Minutes of our Meetings. We simply want you to review the recommendations that we have sent to the City Council for housekeeping changes only. The Charter Commission was adamant that we receive any of your housekeeping changes by August 1, 2006. We are asking that the City Council address our recommendations by the Council's first meeting in October 2006 so that we may consider what action, or lack thereof, the Council has taken by,our Commission Meeting in October. Very truly yours, f A V- If tan J no Charter Comffussion Chairman Cc: Ms, Sharon Knutson, City Clerk Charter Commissioners 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, Corneli Boganey Interim City Manager Enclosure 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Recreation and Community Center Phone TDD Number (763) 569 -3400 FAX (763) 569 -3434 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. f 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 i 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. 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 stdted 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 POLICE,' 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 City of Brooklyn Center CHARTER COMMISSION Court Appointed The Charter Commission reviews the existing charter, considers proposed changes and makes recommendations to the City Council, and safeguards the concept of Home -Rule under the existing charter and Home Rule provisions in the state statutes. Commissioners serve a four -year term. Chairperson and fourteen members. Stanley Leino Chair 2006 7118 France Ave N (29) 763 234 -6137 e -mail: flyfinn7 @msn.com 3/13/97 3/11/09 Kris Lawrence- Anderson 5213 Eleanor Lane (29) phone: 763 -535 -8076 e -mail: 12/9/02- 12/9/06 Edward Nelson 5236 Great View Ave N (29) 763 -536 -8963 e -mail: 1/6/05- 6/26/08 Gary Brown Secretary 2006 7012 Willow Lane N (30) 763 -560 -6338 e -mail: 6/25/04- 6/28/08 Roni M. Brunner Vice Chair 2006 4701 Twin Lake Ave N (29) 763 -537 -5330 e -mail: rb200lbugs @hotmail.com 2/12/2001- 2/12/09 H. Bruce Lund 5725 Aldrich Ave N (30) phone: 763 -559 -2534 e -mail: 1/6/05-7/20/07 Harold Middleton 5418 Oliver Ave N (30) 763 -549 -5594 e -mail: hjannifer @comcast.net 11/30/98- 4/20/09 Anthony Mills 6131 Emerson Ave N (30) 612 432 -0597 e -mail: 08/07/06- 08/07/10 Eileen Oslund 6000 Ewing Ave N (29) 763 -537 -2858 10/30/01 10/30/09 Richard T. Phillips 7200 Logan Ave N (30) 763 -561 -2367 e -mail: 12/9/02 12/9/06 Richard C. Theis 3006 Thurber Road (29) 763 -561 -8738 e -mail: Rtheis29 @yahoo.com 2/12/2001- 2/12/09 4 vacancies Updated 09127106