HomeMy WebLinkAbout2003 01-22 CHCABrooklyn Center Charter Commission
Meeting Agenda
7: 00 p.m. Wednesday, January 22, 2003
Brooklyn Center City Hall
in the Council /Commission Meeting Room
Note: this is on the lower level, so enter via the new door on the South side of the
building (same room where we met in October)...
1. Call to order
2. Roll call of Charter Commission members
Welcome and introduction of new members
3. Approval of the minutes of the October 23, 2002 meeting
4. Joint discussion with City Council members re: the Commission's June 26, 2002
recommendation for an amendment to Section 3.01 of the City Charter (see
background information enclosed)
S. Old Business
6. New Business
a. report from the nominating committee (Robert Cambanes, Chair; Harold Middleton,
and Richard Theis) for Commission officers for 2003 -04
b. election of new officers for 2003 -04
c. installation of new officers
d. appointments by the new Chair.... Public Relations Chair, Audit Chair and Rules and
Parliamentarian Chair
e. discussion of potential items for consideration in 2003
f. set dates for commission meetings in2003 -04
g. other............
7. Adjournment
txcc.12
Brooklyn Center Charter Commission
To: Charter Commission and City Council Members
From: Sy Knapp, Chair of Charter Commission 2002 -03
Date: January 13, 2003
Re: Proposed Charter Change Relating to Date on Which Newly- Elected Officers
Assume The Duties of the Office
The following summary is provided for your information:
Existing Charter Provision
Section 3.01 of the existing charter provides, in part, the following:
"Officers elected at the time of a regular municipal election provided for by this
charter shall be sworn in and assume the duties of the office to which they were elected
on or after the first business day of January, or at the first City Council meeting in
January, or as soon thereafter as practical
Minnesota Election Laws
In year 2000 the legislature made changes to Minnesota election laws, including the
following provision (M.S.412.02, Subd.2):
"Terms of elective officers shall commence on the first Monday in January following the
election at which the officer is chosen. All officers chosen and qualified as such shall
hold office until their successors qualify.
Summary of Charter Commission Action and Corresnondence to -date
this matter had been called to our attention by the City Clerk, and I brought it to the
attention of the Commission at our June 26, 2002 meeting.
the matter was discussed at that meeting. At the time, we were under the impression
that this provision of the state law was mandatory for all cities. Our discussion
included comments to the effect that it would seem to be appropriate to have the
process for installation of newly- elected officials be uniform throughout the state.
Also, there appeared to be no advantage in maintaining the current provision. In
addition, it was noted that the state's provision included the provision to allow
officers to continue to hold office "until their successors qualify". Our discussion
indicated a concensus of support for this provision, since it seems to "fill a hole"
which could occur under the current charter. Accordingly, the Commission voted
unanimously to recommend the change. I communicated this action to City Clerk
Sharon Knutson via e-mail, followed by the official Commission minutes.
on July 26, 2002, City Manager McCauley sent the attached letter to me, indicating it
is not mandatory that cities adopt the state law's provision., and advised the City
Council wished to receive clarification of the Commission's action.
p. 1 of 2
accordingly, on July 30,2002, since no Commission meeting was scheduled until
October 23rd, I sent a memo to all Commission members, along with a response form
(copies attached) and a copy of Mr. McCauley's letter, asking whether they continued
to support the change, or if they preferred to have this matter reconsidered at our next
meeting. In their responses, members unanimously indicated support for the propose
change.
In my August 22, 2002 letter to Mr. McCauley (copy attached) I advised the Council
of the Commission members response, and recommended the Council proceed to
consider the adoption of an ordinance to effect the proposed change.
In his September 10, 2002 letter (copy attached) Mr. McCauley advised the Council
had again considered the matter, and now requested a joint meeting with the
Commission, suggesting several dates.
following several telephone conversations, Mr. McCauley and I finally agreed that
the joint meeting would be held at the January 22,2003 Commission meeting.
Sincerely,
Sy Knapp, Charter Commission Chair 2002 -03
p. 2 of 2
becc. i i
City of Brooklyn Center
A Millennium Community
Michael I McCauley
City Manager-
July 26, 2002
Mr. Sy Knapp, Chair
Brooklyn Center Charter Commission
7221 Riverdale Road
Brooklyn Center, MN 55430
Office of the City Manager
RE: RECOMMENDED CHANGES TO THE BROOKLYN CENTER CITY CHARTER
Dear Mr. Knapp:
The City Council reviewed the recommended changes to Section 4.05 and Section 3.01 of the City Charter.
The City Council requested clarification whether the Charter Commission was recommending the change to
Section 3.01 because the Charter Commission felt that this language was better than the current language in
Section 3.01 regarding when Officers take office. In reviewing the materials that were received from the
Charter Commission, it appears that the proposed language submitted by the Charter Commission was taken
from Minnesota Statute Section 412.02, Subdivision 2. This section of Minnesota Law is superceded by the
City's Charter. While the City could certainly adopt provisions in its Charter identical to those contained in
Minnesota Statute 412.02, Subdivision 2, it is not required to do so. Hence the request for clarification from
the City Council was whether the Charter Commission feels that the proposed change in Section 3.01 is
warranted because the language in the Statute is felt to be better than the current Charter language or if
perhaps the Charter Commission was under the impression that the City Charter needed to conform to the
language in Section 412.
Section 4.05 of the City Charter as proposed to be amended by the City Council is, as opposed to the
proposed modification to Section 3.01 of the City Charter mandated by State Law in Minnesota Statute
Section 205.13, Subdivision b, as indicated in Ms. Knutson's July 31, 2000 memorandum. The Council is
prepared to introduce an ordinance change to effect that recommendation. after receiving clarification from
the Charter Commission on the proposed change to Section 3.01 of the Charter. The City Council would
appreciate clarification on this issue from the Charter Commission at their convenience.
Michael J. Mc
City Manager
MJM:mr
c: Mayor and Council Members
6301 Shingle Creek Parkway
n L7_.— !7__.s.... 4 71r ZX49A 916A I tl
Recreation and Community Center Phone TDD Number
rge9) Keo 9.41)n
To: Brooklyn Center Charter Commission Members
From: Sy Knapp, Chair 2002 -03
Date: July 30, 2002
Re: Enclosed letter from City Manager Relating to Changes to the Charter As
Recommended by our Commission on June 26, 2002
In the enclosed letter City Manager McCauley advises that one of the two charter
changes which we recommended at our June 26 meeting is not mandated by State law.
Specifically the change in question is this:
under our current charter, "newly- elected officers shall be sworn in and assume the
duties of the office to which they were elected on or after the first business day of
January, or at the first City Council meeting in January, or as soon thereafter as
practical'
if the change is made to coincide with the (non mandated) provision of the state law,
the charter would then be amended to read that "Terms of elective officers shall
commence on the first Monday in January following the election at which the
officer is chosen. All officers chosen and qualified as such shall hold office until
their successors qualify':
While I was under the impression that this change was mandated by the law, as probably
you were too, I see no benefit in retaining the existing provision, and note the following
(possible) benefits to making the change:
1. I believe that, in making this change, Brooklyn Center's process and
timetable would more closely resemble that of most other cities; and
2. The new provision would specify that, in the event there is a reason (I
don't know what it would be, but I suppose it could happen) that a newly-
elected officer would not "qualify' to hold office on the normal date, that
person's predecessor would continue to hold office until the newly elected
one qualifies.
While I see no reason to call a special meeting to deal with this issue, it would seem to
make sense to have the Council deal with both issues at the same time. Accordingly, I
ask that you review the matter and advise me by return mail (see question on enclosed
sheet) whether you continue to support the change, or if you believe it should be
reviewed by the Commission again. If all of you agree to support the proposed change
without further discussion, I will so advise the City Manager. If there is not unanimous
agreement, I will place this matter on the agenda for our October 23, 2002 meeting.
Thank you for your attention to this matter and your response to the question. If possible,
please return your response to me in the enclosed, self addressed and stamped envelope
no later than August 15, 2002.
cc: Michael J. McCauley, City Manager
Sy Knapp
To: Sy Knapp, Brooklyn Center Charter Commission Chair 2002 -03
Re: Response to your letter dated July 30, 2002
Please be advised that:
Yes, I continue to support the proposed change to Section 3.01 of the
Charter, in accordance with the Commission's action at the June 26, 2002
meeting.
No, I prefer to have this matter reconsidered at our next meeting.
by:
date:
Charter Commission member
(return to Sy Knapp in the enclosed self addressed and stamped envelope).
Brooklyn Center Charter Commission
August 22, 2002
Mr. Michael J. McCauley, City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center MN 55430
Re: Recommended Changes to the Brooklyn Center City Charter
Dear Mr. McCauley
In response to your July 26, 2002 letter to me, please be advised that I have
conducted a survey of the Charter Commission members, in the form of a
mailed questionnaire accompanied by a copy of your letter, and my cover
letter, asking whether they continue to support the proposed change to
Section 3.01 of the Charter, in accordance with the Commission's action at
the June 26, 2002 meeting. All members have replied in the affirmative.
Accordingly, I recommend that the City Council proceed with the
consideration of an ordinance to effect this change in the Charter.
Thank you for calling this matter to our attention. Should you have any
further questions or comments, please contact me at 763 -560 -0108.
Sincer ly,
Sy app, Chair, 2002 -03
Brooklyn Center Charter Commission
7221 Riverdale Rd.
Brooklyn Center MN 55430 -1319
cc: all members of the Charter Commission
City of .Brooklyn Center
A Millennium Community
September 10, 2002
Mr. Sy Knapp
Chair
Brooklyn Center Charter Commission
7221 Riverdale Road
Brooklyn Center, MN 55430 -1:319
Dear Mr. Knapp:
The City Council tabled the Charter changes again at its September 9 meeting. The matter was
placed on the agenda with the materials that you provided with your letter of August 22 The
Council still had questions and concerns with respect to the proposed change to Section 3.01.
Among the concerns expressed by the Council were what would happen in the situation where
two council seats were being vacated and one of two newly elected persons failed to qualify.
The issue raised by that is which of the two outgoing council members would remain in office
until a successor was qualified. Some council members were also trying to determine why the
proposed change would be superior to the current Charter language.
I suggested that it might be productive for the City Council and Charter Commission to meet
jointly so that the two bodies could directly discuss this issue with one. another. It is my
understanding that the next Charter Commission meeting is on October 2P. The City Council
also has a work session on Monday, October 7 th at 6 p.m. Please advise as to the Commission's
thoughts about having a joint meeting with the City Council either as part of the City Council's
work session on October 7 th or jointly with the Charter Commission at the Charter Commission's
October 23` meeting.
MJM:pap
cc: Mayor Myrna Kragness
Councilmember Kay Lasman
Councilmember Ed Nelson
Councilmember Bob Peppe
Councilmember Tim Ricker
City Manager
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, up to two consecutive terms. Chairperson and fourteen
members.
Sylvester Knapp
Chair 2002
7221 Riverdale Road (30)
560 -0108
e -mail: knapp013 @tc.umn.edu
6/7/95- 6/7/03
James D. Holst
6107 Bryant Ave N (30)
561 -0515
e -mail: BCKLIP @MSN.com
3/12/97 3/14/05
Richard T. Phillips
7200 Logan Ave N (30)
phone:
e -mail:
12/9/02 12/9/06*
Roni M. Brunner
4701 Twin Lake Ave N (29)
537 -5330
e -mail: rb200lbugs @hotmail.com
2/12/2001- 2/12/05*
Walter R. Bursch
6221 Shingle Creek Pkwy #608 (30)
561 -6739
e -mail: lobursch @mycidco.com
6/28/96- 6/26/04
Robert Cambanes
Vice Chair 2002
6812 Zenith Ave N (29)
569 -8381
e -mail: rcambanes @startribune.com
7/21/99-7/20/03
Elizabeth Dorsey Hatle
5508 Logan Ave N (30)
560 -3589
e -mail: dorseyhatle @usfamily.net
3/12/97- 3/12/05
Kris Lawrence Anderson
5213 Eleanor Lane (30)
phone:
e -mail:
12/9/02- 12/9/06*
Stanley Leino
Secretary 2002
7118 France Ave N (29)
560 -2531
e -mail: wolverine 1982 @webtv.net
3/13/97 3/11/05
Harold Middleton
5418 Oliver Ave N (30)
549 -5594
e -mail: Hjannifer @attbi.com
11/30/98- 4/20/05
Eileen Oslund
6000 Ewing Ave N (29)
537 -2858
10/30/01-10/30/05*
Todd Paulson
6408 Willow Lane (30)
561 -3834
e -mail: Toddpaulson @attbi.com
3/21/95 5/8/03
Richard C. Theis
3006 Thurber Road (29)
561 -8738
e -mail: Theis .Richardc @ci.minneapolis.mn.us
2/12/2001- 2/12/05*
Denise Walker
5312 Irving Ave N (30)
phone:
e -mail:
12/9/02 12/9/06*
R. Carl Wolter
6807 Willow Lane (30)
561 -5267
3/21/95- 3/22/03
*Member can be reappointed to one
more term at that time.
Updated 1/15103