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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