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.
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