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Home My WebLink About1977 04-27 CHCAGroup I Group II Group III 6. New Business 7. Adjournment BROOKLYN CENTER CHARTER COMMISSION Wednesday, April 27, 1977 City Hall, 7'30 p.m. AGENDA 1. Roll Call 2. Approval of the minutes of January 26, 1977 3. Report on Kaleidoscope Cheryl Asplund 4. Judge Barbeau 8p m. 5. Report from Committees Jim Gillen Mona Hintzman Ed Theisen STUDY GROUP .I- BROOKLYN CENTER CHARTER COMMISSION Minutes Of March 2, 1977 Meeting Study Group I met on Wednesday, March 2, 1977, to study and discuss Chapter 2 of the Brooklyn Center Charter. Members present were J. Gillen, C. Asplund, 111. °Hendrickx and P. Papke. B. Swart had a conflict and could not attend.: Chapter 2 was studied on a section by section basis with the following changes either discussed or recommended. Section 2.01 No changes. Section 2.02 The possibility of a separate elected Park Board was brought up. It was agreed that the present appointed commission was operating efficiently. No change recommended. Section 2.03 Study Group I would like to recommend that the Charter Commission consider a change in the charter that would expand the city council from five to seven members. An expanded council would enable members to enlarge their scope of activity relative to the workings of the city, as well as, their communications with the citizens of Brooklyn Center. It would also eliminate the possibility of "three" man rule and assure the election of at least two council persons each year, which would help create more interest in local elections. Along with this change the Study Group further recommends.: A three -year term of office for the mayor, as well as, for councilmen. Limiting the mayor and council to two consecutive terms "(siN" years) in office. A person could serve two consecutive terms as a councilman and then two more as mayor. Otherwise, after either a mayor or councilman has served two consecutive terms,' he or she would have to "sit out" at least one term before running for the same office again. The last sentence of this section reads, "The council shall be judges of the election of the mayor and councilmen." Tai• Stu Group did not understand either the meaning or why this sentence. was included in this section. Section 2.04 The Study Group feels this section whould be rewritten as follows: "No member of the council shall be appointed City Manager,` nor any member hold any paid municipal office or employment for the city until one year after his term as mayor or councilman. STUDY GROUP I Minutes Of March 2, 1977 Meeting Page Two Section 2.05 If Section 2.03 is changed, then the three member quorum of the council as stated in this section would have to be changed to either four or five members. Section 2.06 There was some concern as to how the mayor under the present system of government in Brooklyn Center could "study the oper- ations of the city government and report to the council any neglect, dereliction of duty, or waste on the part of any office or department of the city as prescribed in this section. The group felt that with a seven member council, each member could act as a liaison to one department of city government (i.e, maintenance, police, etc.) to study the operations and confer with the members of that department. We felt this would provide a means of communications between the city employees and the council other than via the City Manager. It would also provide each council member with a better understanding of the operations of city government during his term in office. It was also felt that there should be a yearly rotation of councilmen among departments to prevent the possibility of a council member getting "involved in rather than just acting as an "observer to a particular depart- ment of the city. The meeting concluded at this point. cc: C. Asplund M. Hendrickx P. Papke B. Swart The Study Group also questioned the legality of the above and whether or not a councilman could be prohibited from holding office in another municipality concurrent with his term in office in Brooklyn Center. Olen, Chairman dy Group I STUDY GROUP II BROOKLYN CENTER CHARTER COMMISSION !linutes of April 14, 1977 Meeting Members Present: Vince Tubman, Ole Nelson, Bill Hannay, Mona Hintzman Chapter 5, City Charter 1. Add to 5:01 "This chanter shall be construed liberally in favor of the people." 2. Add to 5:03 Following Any five levy of taxes" The petitioners shall have free access to the City Attorney for assistance in establishing the regular-1F- petition. 3. In 5:05, line 7 delete the words "or irregular" line 10 and 11 delete words "and to correct the petition in all other particulars" line 12 delete "or irregular" line 14 delete "or irregularity" add line 17 following words measure °without challenging its constitutionality or any other legal aspect." 4. In 5:06 Add at the end "If the council questions the constitutionality or legality of the ordinance petitioned, it shall be the city's responsi- bility to pay for any and all legal expense necessary to resolve the question. This shall mean that the question shall be carried through the Judicial System until a decision is rendered acceptable to all parties or the Supreme Court of Minnesota. 5. In 5:10 line 7 delete "The Council shall if the ordinance is affirmed' capitalize, "The STUDY GROUP III BROOKLYN CENTER CHARTER COMMISSION Minutes of April 25, 1977 Meeting Study Group III met on Monday, April 25, 1977 to study and discuss Chapters 10, 11 and 12 of the Brooklyn Center Charter. Chapter 9 had been discussed and reported on in the early part of 1976. Mem- bers present were: Robert DeVries, Richard Higgins, Betty Johnson, Frank Kampmeyer and Edwin Theisen. In reviewing Chapters 10, 11 and 12 the Study Group recommends the following changes be considered by the Charter Commission: Section 11.01 ACQUISITION AND OPERATION OF UTILITIES, and Section 11.04 LEASE OF PLANT, should both be changed so that the approval requirements coincide with Section 11.05 PUBLIC UTILITY. HOW SOLD. The effect of this change would be to require the approval of a majority of the electors at a general or special elec- tion when acquiring a utility operation or when contracting out the operation of a utility of the City. The proposed changes by Section are as follows: Note: Delete New Section 11.01. ACQUISITION AND OPERATION OF UTILITIES. The City may own and operate any gas, water, heat, power, light, telephone or other public utility for supplying its own needs for utility service or for supplying utility service to private consumers or both. It may construct all facilities reasonably needed for that purpose and may acquire any existing utility properties so needed; but such acquisition action may only be taken by (an) ordinance, whieh- shaii- net- be- ax- emeElgeney ediaaaee. (approved by a majority of the electors voting thereon, at a general or special election.) The operation of all public utilities owned by the City shall be under the super- vision of the Director of Public Works. Section 11.04. LEASE OF PLANT. The Council may, if the public interests will be served thereby, contract with any responsible person, co- partnership or corporation for the operation of any utility owned by the City, upon such rentals and conditions as it may deem necessary; but such contract shall be embodied in and let only by an ordinance approved by the-eeaneii- and -sub- ieet- te- gepaiar- referenda ►.(a majority of the electors voting thereon, at a general or special election.) Seep -e dinanee -sha}} net -be- are- emergeaey- erdinanee. In no case shall such contract be for a longer term than ten (10) years. This concludes Study Group III's reviewal of the Chapters assigned j to it. Respectfully Submitted, E. M. Study l L Theisen, Chairman Group III Copies Robert DeVries Richard Higgins Betty Johnson Frank Kampmeyer -2-