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HomeMy WebLinkAbout1990 01-24 CHCAANNUAL MEETING AGENDA BROOKLYN CENTER CHARTER COMMISSION JANUARY 24, 1990 7 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes of November 29, 1989 4. Approval of Annual Report 5. Approval of Audit Report 6. Nominating Committee Report 7. Election of Officers 8. Appointment of Audit Chair, Public Relations Chair, and Rules/Parliamentarian Chair 9. Salary for Administrative Assistant 10. Correspondence 11, Old Business A. Appointment of Sub Committee for Council Vacancies B. Report on Legislative Changes C. Vacancy from Neil Smeaton's Expired Term 12. New Business 13. Adjournment BROOKLYN CENTER CHARTER CONXISSION AMAL REPORT 1989 The full Brooklyn Center Charter Commission met four times during 1989. The Annual Meeting was held on January 25, 1989, and the following officers were elected: Chairperson- -Mary Heitzig; Vice Chairperson -Mona Hintzman; Secretary Barbara Sexton. The following appointments were made by the Chairperson: Public Relations Edward Commers; Audit--Allen Anderson; Ruler /Farlimentarian- -Neil Smeaton, Allen Anderson was reappointed to another four year term, with his second term expiring in February of 1993. David Ault, Dennis Snook, Beverly Wolfe, and Ulysses Boyd were appointed to their first four year terms on the Commission. At the close of 1989, the Charter Commission has fourteen members with one vacancy on the commission. This vacancy was created when Mary Heitzig completed her second four year term. Commissioner Smeaton's term will expire January 27, 1990, thereby creating another vacancy. The Charter Commission became aware of a state statute affecting charter commissions late in 1988. The chairperson received clarification from the author of the change in January. It 0 lows that if a charter commission is inactive, it can dissolve itself with 3/4 vote of its mbers. The 1989 legislature passed the new truth and taxation law. It is now being studied by the League of Cities. Mr. Splinter, our City Manager, should have a response soon. During 1989, after a resignation of a member of the city council, the commission undertook a study of the charter in regard to council vacancies. The full Charter reviewed the cor- responding sections, and it was recommended in November to have the new chairperson in January appoint a sub committee to study this issue. In August, the Administrative Assistant did an extensive research on thirty -one metropolitan area chartered cities as a class assignment. A summary of all metro charters was provided to all members. As a result of this research, a reference library of the newly acquired copies of charters for the metro area was established. They will be kept at City Hall and are available to Charter Commission members only. Respectfully submitted, Mary Heitz" Chairperson Brooklyn Center Charter Commission cb ,I January 9, 1990 CITY OF tOOKLYN C ENTER TELEPHONE 561 -5440 EMERGENCY-POLICE-Fl RE 911 Ai Anderson, Audit Chair 5351 Humboldt Ave. N. Brooklyn Ctr, MN 55430 At your request as Audit Chairman of the Brooklyn Center Charter Commission, I have listed below the expenditures charged to the Charter Commission budget appropriation in 1989: DATE PAYEE AMOUNT PURPOSE 5 -08 -89 Carole Blowers $24.49 Appreciation plaque 5 -22 -89 Carole Blowers 25.18 Plaque 9 -11 -89 Carole Blowers 96.80 Copies of City Charters 2 -13 -89 Carole Blowers 95.83 Secretarial Services 5 -08 -89 Carole Blowers 107.34 Secretarial Services 5 -22 -89 Carole Blowers 88.67 Secretarial Services 9 -11 -89 Carole Blowers 126.00 Secretarial Services 10 -23 -89 Carole Blowers 98.00 Secretarial Services 1 -08 -90 Carole Blowers 171.50 Secretarial Services $833.81 The Commission expended $833.81 of its 1989 appropriation of $1,500.00, leaving an unexpended balance of $666.19. Sincerely yours, Paul W. Holmlund Director of Finance ch 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 Ile .So.ketlucg eft aze &ef MEMORANDUM TO: Mary Heitzig, Chair and Members, Brooklyn Center Charter C ission FROM: Gerald G. Splinter, City Manager DATE: January 24, 1990 SUBJECT: Potential Charter Modifications For the last approximately 18 to 24 months, I have been in communication with the Charter Commission regarding the need for possible changes to our Charter as it relates to Section 7.06 (PASSAGE OF ANNUAL BUDGET) in our Charter. The State of Minnesota Legislature has been considering and modifying various portions of state laws affecting the method and process of budget consideration by municipalities. In general, these laws and regulations were called "truth in taxation During the last two sessions, our Legislature has passed and modified these regulations, and it now does appear that the next legislative session will not modify these regulations, at least as to their effect on Section 7.06 in our Charter. The current language in 7.06 does not meet state law and regulation. The portion of Section 7.06, which is at variance to the current state requirements, relates to mainly the first two sentences. The two problem areas in these sentences are the fact that it requires the Council to hold their first budget hearing on the first meeting in September. In the second sentence there are notice requirements for that budget hearing which are at variance with state law. There are still sections of the state law which are being interpreted but in conversation with League of Cities representatives, they assure me that within the next 30 days any questions of interpretation of the timing of budget events should be completely cleared up. With this in mind, it would be my recommendation, if the Charter Commission and the City Council concur, to draft a modification of this section of the Charter which would bring us in compliance with new state regulation and send it to both bodies for their review. There are two general approaches we could take to bringing our current Charter into compliance with state regulations. The first would be to substitute new dates and notice requirements which are consistent with the current law and regulation, or we could make our Charter language adopt the state requirements by reference. With the latter approach, we could, in the future, eliminate any conflicts if state requirements were to change as the Charter would adopt the new requirements by reference. if the Charter Commission is interested, it would not be too difficult a task to present two alternatives for your consideration. The first would change language of meeting dates 4 0 and notice requirements and state them in the. document. The Chair Charter Commission Members -2- January 24, 1990 second would be of more generic language which adopts state requirements by reference. Another section of the Charter the Commission may want to consider modifying is Section 3.01 (COUNCIL MEETINGS). The first two sentences in this section basically require the City Council, after a municipal election, to meet on the first business day of January to swear in any newly elected members. Because the Council has tried to maintain a consistent second and fourth Monday council meeting dates, this requirement modifies that process and at times creates problems for getting a quorum the day after a holiday. For years, this section of the Charter was not complied with probably because no one read it carefully enough to interpret it this way. It was noticed and reviewed more carefully after the last municipal election, and the city attorney ruled it required a meeting of the Council on the first business day in January after an election. I believe it makes sense to swear in newly elected council members on the first day of business of their term, but I don't believe it's necessary to have a council meeting to do it. The Charter Commission may want to consider language which requires swearing in of new council members on the first business day in January after their election (or as soon thereafter as practical), but drop the requirement that the Council meet on the first business day of January following a regular municipal election. cc: Mayor City Council Members Paul Holmlund 0 Section 3.01. COUNCIL MEETINGS. On the first business day of January following a regular municipal election, the Council shall meet at the usual place and time for the holding of Council meetings. At this time, the newly elected members of the Council shall assume their duties. Thereafter, the Council shall meet at such times each month as may be prescribed by ordinance or resolution. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty -four (24) hour's written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at his usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall'be made available at all reasonable times. Section 7.06. PASSAGE OF ANNUAL BUDGET. The City Manager shall present the proposed budget as an item of business at the first regular monthly meeting of the Council in September, and the Council shall hold adjourned meetings from time to time until the Manager's budget has been considered in total. The initial meeting and all subsequent meetings in which the proposed budget is considered shall constitute a public hearing on the budget and the Council shall cause to be published a notice of the time and place of the initial meeting, giving not less than seven (7) days nor more than fourteen (14) days notice of the time and place. The meetings shall be so conducted as to give interested citizens a reasonable opportunity to be heard. Complete copies of the City Manager's proposed budget shall be available for public view at all meetings at which the Council reviews the proposed budget. The annual budget finally agreed upon shall set forth in detail the complete financial plan of the City for the ensuing fiscal year for the funds budgeted. It shall indicate the sums to be raised and from what sources and the sums to be spent and for what purpose according to Section 7.05. The total sum appropriated shall be equal to the total estimated revenue and allocated surplus. The Council shall adopt the budget not later than three (3) calendar days prior to the statutory requirement for certification of the budget to the County Auditor by a resolution which shall set forth the total for each budgeted fund and each department with such segregation as to objects and purposes of expenditures as the Council deems necessary for purposes of budget control. The Council shall also adopt a resolution levying whatever taxes it considers necessary within statutory limits for the ensuing year for each fund. The tax levy resolution shall be certified to the County Auditor in accordance with law. At the beginning of the fiscal year, the sums fixed in the budget resolution shall be and become appropriated y� for the several purposes named in the budget resolution and no other. s