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HomeMy WebLinkAbout1989 01-25 CHCA BROOKLYN CENTER CHARTER COXXISSION JANUARY 25, 1989 7:00 P.M, CITY HALL AGENDA 11 Call to Order 2 Roll Call 31 Approval of November 30, 1988, Minutes 4. Correspondence A, Letters from Chief Judge 1) New appointment David Ault 2) Possible reappointments for Marie Castle and Allen Anderson 51 Approval of 1988 Annual Report Approval of 1988 Audit Report 7, Nominating Committee Report (Tony Kuefler-Chair, Marie Castle, Mona Hintzman, Ron Christensen) 8, Election of Officers 9, Committee Appointments !0, Old Business AI Recognition of Past Members B, Change in Minnesota law regarding Charter Commissions 11, New Business A. 1989 Salary for Administrative Assistant 12, Next Meeting Date 13, Adjournment BROOKLYN CENTER CHARTER COMMISSION ANNUAL REPORT 1988 The full Brooklyn Center Charter Commission net five times during 1988, and a sub- committee met once early in the year. The annual meeting was held on January 27, 1988, and the following officers were elected: Chairperson- -Mary Heitzig; Vice Chairperson- -Donn Escher; Secretary Barbara Sexton. The following appointments were made by the Chairperson: Public Relations Edward Commers; Audit -Jean Schiebel; Rules /Parlimentarian- -Neil Smeaton. Tony Kuefler and Edward Commers were reappointed to full terms on the Commission, with terms expiring in September of 1992. These reappointments kept the Charter Commission's member- ship to its authorized number of fifteen until December of 1988, when two members completed maximum terms. One new member has been appointed; therefore, there is currently one vacancy on the commission. During 1988, the Charter Commission could see the effects of changes they initiated in the past few years, The most noticeable change that could be seen was in the city elections of 1988. Charter changes passed by the voters in 1986 regarding election dates and terms of office for the Mayor and Council members meant Brooklyn Center held city elections for the first time in an even year. The Charter Commission played a major role in this change. In the last city election of 1985, voter turnout was 2.1% of the registered voters; in 1988, voter turnout was 78.5% of the registered voters. Realizing this was both a presidential and local election, this still represents a large increase in voters in our city. Another change that was implemented involved the public notification regarding availability of our minutes and agendas. During 1987, changes were made to our Rules of Procedure to provide the citizens of Brooklyn Center and other civic organizations more complete information and better access to the Charter Commission's activities, minutes, and agendas. Accordingly, notices were published in the city's official newspaper and newsletter to this effect. Early in 1988, the Charter Commission formed a sub committee to study the pros and cons of a ward system for the City of Brooklyn Center. A consensus was not reached by the sub committee, and the .study was postponed indefinitely by the entire commission in May. The Charter Commission became aware of a state statute affecting charter commissions which was enacted at the last legislative session. Presently the Chairperson is awaiting clarifi- cation from the author of this change, and she will be reporting this clarification to the full commission as soon as it is available. Respectfully submitted, v Mar Hei'Ezi Chair. e Y g� P r. n Brooklyn Center Charter Commission �.b (ICHCOMM) CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE 561 -5440 C ENTER �R EMERGENCY POLICE FIRE 911 January 9, 1989 Mrs. Jean Schiebel 2120 70th Avenue North Brooklyn Center, Minn. 55430 Dear Mrs. Schiebel: 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 1988: DATE PAYEE AMOUNT PURPOSE 2 -17 -88 League Minn Cities 5.75 1987 Directory Officials 3 -09 -88 Mary Heitzig 22.08 Flowers 12 -12 -88 Carole Blowers 48.97 Plaques 2 -17 -88 Carole Blowers 96.00 Secretarial Services 3 -09 -88 Carole Blowers 76.04 Secretarial Services 6 -28 -88 Carole Blowers 130.20 Secretarial Services 10 -24 -88 Carole Blowers 111.44 Secretarial Services 12 -12 -88 Carole Blowers 106.25 Secretarial Services 596.73 The Commission expended $596.73 of its 1988 appropriation of $1,500.00, leaving an unexpended balance of $903.27. Sincerely yours nn W. ,4 Q'Vr L.S Paul W. Holmlund Director of Finance ch WALL-WKI(M v Committee on Local and 517 State Office Building Urban Affairs St. Paul, Minnesota 55155 David Battaglia (612) 296-2190 Chairman HOUSE OF REPRESENTATIVES Julian Empson Ted Winter Fred C. Norton, Speaker Committee Administrator Vice Chair Joan Pedersen Committee Secretary January 9, 1989 Ms. Mary Heitzig 3618 69th Ave. N. Brooklyn Center, MN 55429 Dear Ms. Heitzig: I have enclosed for you a copy of Chapter 51, Minnesota Laws, 1987, for your review. This legislation came before our committee last year and was passed. This law amended Minnesota Statutes 410.05 which relates to charter commissions. This bill allowed for the dissolution of charter commissions by a three fourths vote of the members of the commission. The legislation was permissive in nature and not mandatory. The purpose of the proposal was to provide charter commissions with the authority to dissolve should they feel there was no need to continue. It was felt that the super majority vote provision to dissolve, combined with the one year waiting period to appoint a new commission, provided adequate safeguards to prevent commissions from disbanding over trivial matters such as differences between commission members. I am hopeful that this reply provides you with an understanding of the legislative intent of the law. I have conferred with House staff and the author, Representative Connie Morrison, on the provisions of the bill. Feel free to contact me should you have any further questions. Sincerel Kilian Empson 81 LAWS of MINNESOTA for 1987 Ch. 52 CHAPTER 51— S.F.No. 1067 An act relating to local government; providing for the discharge of charter commissions; amending Minnesota Statutes 1986, section 410.05, by adding a subdivision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1986, section 410.05, is amended by adding R a subdivision to read: Subd. 5. DISCHARGE. If the charter commission of a statutory gity deter- mines that a charter is not necessary or desirable, the commission may be dischare�ed by a vote of three fourths of its members. Another commission may a not be formed sooner than one year from the date of discharge. t Approved April 29, 1987' CHAPTER 52— S.F.No. 793 I An act relating to commerce; consumer protection; requiring the repair, refund, or replacement of new motor vehicles under certain circumstances; prescribing certain arbitra- tion mechanisms for all automobile manufacturers doing business and offering express war ranties on their vehicles sold in Minnesota; amending Minnesota Statutes 1986, section 325F.665. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section l: Minnesota Statutes 1986, section 325F.665, is amended to read: 325F.665 NEW MOTOR VEHICLE WARRANTIES; MANUFACTUR- ER'S DUTY TO REPAIR, REFUND, OR REPLACE. Subdivision 1. DEFINITIONS. For the purposes of this section, the follow- ing terms have the meanings given them: (a) "consumer" means the purchaser or lessee, other than for purposes of resale or sublease, of a new motor vehicle used for personal, family, or house- hold purposes at least 40 percent of the time, a person to whom the new motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the motor vehicle; eed miy ethe per=son entitled by the terms o€+he waFmnty to eafer-ee the ebligmieas ef,4he warranty; F (b) "manufacturer" means a person engaged in the business of manufactur- ing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least ten new motor vehicles; j Changes or additions are indicated by underline, deletions by sir }keet►t. i I Y t CLASSIFICATION; CHARTERS 410.05: e of the taking effect of the Revised Laws 1905 shall continue to be governed by the then applicable thereto. $istory: (1267) RL s 747 0,04 HOME RULE CHARTERS; PATROL LIMITS. -Any city in the state may frame a city charter for its own government in the manner inafter prescribed; provided, that in such cities having patrol limits established by er, such limits shall not be altered unless the charter proposing such alteration be pted by a three fourths majority. History: (1268) RL s 748 1907 c 375 s 1; 1973 c 123 art 5 s 7 0.05 CHARTER COMMISSION. Subdivision 1. Appointment. When the district court of the judicial district in ch a city is situated, deems it for the best interest of the city so to do, the court, through its chief judge,.may appoint a charter commission to frame and amend charter. Upon presentation of a petition requesting such action, signed by at least, percent ofthe number of voters of the city, as shown by the returns of the last regular rCity election, or upon resolution of the governing body of the city requesting such 'on, the court shall appoint a charter commission. The commission shall be gotnposed of not less than seven nor more than 15 members, each of whom shall be qualified voter of the city. The size of the commission shall be determined within above limits by the court, except that where the commission is appointed pursuant a petition of the voters or resolution of the governing body of the city, the size of commission shall be as specified in such petition or resolution. Any city may by er provision fix the size of the charter commission at a figure which shall not be than seven nor more than 15 members, and such charter provision shall prevail purr any inconsistent provisions of this subdivision. No person shall be disqualified serving on a charter commission by reason of holding any other elective or a pointive office other than judicial. Subd. 2. Commission members; terms, vacancies. Charter commission members hold office for the term of four years, and until their successors are appointed and r:qualify, except that of members initially appointed after July 1, 1967, eight shall be appointed for two year terms and seven for four year terms. No person may be appointed to more than two successive terms as a commission member. Vacancies in the commission shall be filled by appointment of the chief judge for the unexpired S. Upon the expiration of each term, the chief judge shall appoint new commission bees. If the chief judge fails to appoint new commission members within 30 days thereafter the governing body of the city shall, appoint new commission members, ess within the 30 day period the chief judge indicates in writing to the governing body an intention to appoint new members, in which case the chief judge shall have additional 60 days within which to make the appointment. Appointments shall be =arcade by order filed with the court administrator of the district court. An appointee fi neglects to file with the court administrator within 30 days a written acceptance oath of office shall be deemed to have declined the appointment and the place shall filled as though the appointee had resigned. The charter commission, within 30 days the initial appointment of the commission, shall make rules, including quorum F ments, with reference to its operations and procedures. The commission shall mit to the chief judge of the district court, on or before December 31 of each year, lnual report outlining its activities and accomplishments for the preceding calen Year. The commission shall forward a copy of the report to the clerk of the city. Y member may be removed at any time from office, by written order of the district the reason for such removal being stated in the order. When any member has Cd to perform the duties of office and has failed to attend four consecutive meetings out being excused by the commission, the secretary of the charter commission shall a certificate with the court setting forth those facts and the district court shall upon make its order of removal and the chief judge shall fill the vacancy created Y 410.05 CLASSIFICATION; CHARTERS X,13 Subd. 3. Commission appointments; nominees. A city council, a charter co 410.08 sion, or the petitioners requesting the appointment of a charter commission submit to the court the names of eligible nominees which the district court 4j0.09 R] r. consider in making appointments to the charter commission. Such 1 Subd. 4. Commission meetings. The charter commission shall meet at least o p rivileges during each calendar year, and upon presentation of a petition signed by at least_ p hether 91 percent o the nu mber a election o upon on resolution approved as shown by the returns of the pe rpetual 1 annual p p by a majority of the gove r ivileg body of the city requesting the commission to convene, the commission shall meet; c�itP, and t consider the proposals set forth in such petition or resolution. peri od of I Subd. 5. Discharge. If the charter commission of a statutory city determines Histol a charter is not necessary or desirable, the commission may be discharged by a vote' three- fourths of its members. Another commission may not be formed sooner than o 410.10 Sl year from the date of discharge. Subdi History: (1269) RL s 749,• 1909 c 423, 1913 c 535 s 1; 1949 c 210 s 1; 1959 c 30 of the city s 5; 1961 c 608 s 1; Ex1967 c 33 s 1; 1971 c 208 s 1 -3, 1973 c 123 art 5 s 7,• 1976 c t hereafter S20, 1979 c 330 s 3, 1986 c 444; ISp1986 c 3 art 1 s 82; 1987 c 51 s 1 if there is Delivery 01 410.06 COMPENSATION; EXPENSES. the propos The members of such commission shall receive no compensation, but the com the deliver sion may employ an attorney and other personnel to assist in framing such charter, an election fo any amendment or revision thereof, and the reasonable compensation and the cost the genera printing such charter, or any amendment or revision thereof, when so directed t elections. =tf commission, shall be paid by such city. The amount of reasonable and nece proposed charter commission expenses that shall be so paid by the city shall not exceed in ati council m� one year the sum of $10,000 for a first class city and $1,500 for any other city; but to the first council may authorize such additional charter commission expenses as it deems n Subd. N sary. Other statutory and charter provisions requiring budgeting of, or limif published expenditures do not apply to charter commission expenses. The council may levy a 5 or if there in excess of statutory or charter tax limitations to pay such expenses. of the first History: (1270) RL s 750, 1907 c 216 s 1; 1947 c 406 s 1; 1959 c 305 s 5; 1961 c regular par s2, 1973 c 123 art 5 s 7 thereto pu Subd. 410.07 DETERMINATION OF DESIRABILITY; FRAMING CHARTER adopter voter may As soon as practicable after such appointment, the charter commission s in the alte deliver to the clerk of the city either (1) its report determining that a home rule chartetM preference for the city is not necessary or desirable, or (2) the draft of a proposed charter, in elthek Subd. case signed by at least a majority of its members. Such draft shall fix the corporate nanW propose of and the boundaries of the proposed city, and provide for a mayor, and for councl� to be elected by the people. Subject to the limitations in this chapter provided, it msox,h Histoi provide for any scheme of municipal government not inconsistent with the constitu& ll art 5 s 7; tion, and may provide for the establishment and administration of all departments o a city government, and for the regulation of all local municipal functions, as fully a, 41 0.11 A the legislature might have done before home rule charters for cities were authorized b If 51 constitutional amendment in 1896. It may omit provisions in reference to any depart charter, it ment contained in special or general laws then operative in the city, and provide the altern, 4 such special or general laws, or such parts thereof as are specified, shall continue an the charte be in force therein, including any such special or general law authorizing the city recorder o incur indebtedness or issue its bonds for municipal purposes. It may prescribe meth charter ac of procedure in respect to the operation of the government thereby created, and th the date o duties thereunder of all courts and officers of the district and county in which the cil shall take i is situated, which duties such courts and officers shalt perform. By such charter the ci the shall i may be authorized to acquire, by gift, devise, purchase, or condemnation, any prope the courts �efeunde within or without its boundaries, needed for the full discharge of any public funcu which it is permitted to exercise. r4O neX. am History: (1271) RL s 751; 1921 c 120, 1921 c 343, 1959 c 305 s 1; 1961 c 6 Histo; 1971c71s4; 1973 c 123 art 5 s 7 c181s2,