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HomeMy WebLinkAbout2003 01-22 CCP Joint Work Session AGENDA CITY COUNCIL JOINT SESSION WITH CHARTER COMMISSION January 22, 2003 7:00 p.m. Council Commission Conference Room 1. Call To Order 2. Roll Call 3. Joint Discussion With Charter Commission Regarding the Charter Commission's June 26, 2002, Recommendation for an Amendment to Section 3.01 of the City Charter 4. Adjourn Brooklyn 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) 5. Old Business 6. New Business d. 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 ixcc.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 Correspondence 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 Office of the City Manager City y B r ooklyn 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 RE: RECOMMENDED CHANGES TO THE BROOKLYN ij&x 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 6, 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. Sinc Michael J. Mc y City Manager MJM:mr c: Mayor and Council Members 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number n___L_._ n__,__ Aa►r ccw�n Oran ( ioa� aav s.nn 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- g No, I prefer to have this matter reconsidered at our next meeting. by: Charter Commission member date: (return to Sy Knapp in the enclosed self - addressed and stamped envelope). i 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, 2.002 -03 Brooklyn Center Charter Commission 7221 Riverdale Rd. Brooklyn Center MN 55430 -1319 cc: all members of the Charter Commission I 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 -1319 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 23r The City Council also has a work session on Monday, October 7` 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 or jointly with the Charter Commission at the Charter Commission's October 23 meeting. Sincerely Michael J. M auley City Manager MJM:pap cc: Mayor Myrna Kragness Councilmember Kay Lasman Councilmember Ed Nelson Councilmember Bob Peppe Councilmember Tim Ricker BROOKLYN CENTER CHARTER COMMISSION Court Appointed The Charter Commission reviews the existing charter, considers proposed changes and makes recommendations to the City Council, and 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 ames D. Holst Richard T. Phillips s p Chair 2002 6107 Bryant Ave N (30) 7200 Logan Ave N (30) 7221 Riverdale Road (30) 561 -0515 phone: 560 -0108 e -mail: BCKLJP@MSN.com e -mail: e -mail: knapp013 @tc.umn.edu 3/12/97 - 3/14/05 12/9/02- 12/9/06* 6/7/95- 6/7/03 Kris Lawrence - Anderson Richard C. Theis Roni M. Brunner 5213 Eleanor Lane (30) 3006 Thurber Road (29) 4701 Twin Lake Ave N (29) phone: 561 -8738 537 -5330 e-mail: e-mail: Theis.Richardc @ci.minneapolis.mn.us e -mail: rb200lbugs @hotmail.com 12/9/02 - 12/9/06* 2/12/2001- 2/12/05* 2/12/2001- 2/12/05* Stanley Leino Denise Walker Walter R. Bursch Secretary 2002 5312 Irving Ave N (30) 6221 Shingle Creek Pkwy #608 (3 0) 7118 France Ave N (29) phone: 561 -6739 560 -2531 e -mail: e -mail: lobursch @mycidco.com e -mail: wolverinel982 @webtv.net 12/9/02- 12/9/06* 6/28/96- 6/26/04 3/13/97- 3/11/05 R. Carl Wolter Robert Cambanes Harold Middleton 6807 Willow Lane (30) Vice Chair 2002 5418 Oliver Ave N (30) 561 -5267 6812 Zenith Ave N (29) 549 -5594 3/21/95- 3/22/03 569 -8381 e-mail: Hjannifer @attbi.com e -mail: rambanes@startribune.com 11/30/98- 4/20/05 *Member can be reappointed to one 7/21/99- 7/20/03* more term at that time. Eileen Oslund Elizabeth Dorsey Hatle 6000 Ewing Ave N (29) Updated 1/15103 5508 Logan Ave N (30) 537 -2858 560-3589 10/30/01-10/30/05* e -mail: dorseyhatle @usfamily.net 3/12/97- 3/12/05 Todd Paulson 6408 Willow Lane (30) 561 -3834 e -mail: Toddpaulson @attbi.com 3/21/95 - 5/8/03 i r MEMORANDUM TO: Members of the City Council and Charter Commission FROM: Sharon Klumpp, Interim Assistant City Manager DATE: January 22, 2003 SUBJECT: Distribution of Requested Information Council Member Lasman requested minutes and background information pertaining to a 1996 charter amendment (deletion of language in Chapter 6, Section 6.02, Subdivision 3 (a) of the City Charter). Then Charter Commission Chair Tim Willson reported to the City Council that the reason "for deleting this sentence was to allow the power of appointing and removing department heads to be with the City Manager alone, without majority vote approval by the Council making those kinds of decisions final." Attachments BROOKLYN CENTER CHARTER COMMISSION APRIL 24, 1996 7 P.M. CONFERENCE ROOM B CALL TO ORDER The meeting was called to order by Chair Willson at 7:10 p.m. ROLL CALL Members present: Ulyssess Boyd, Nancy Carlson, Sy Knapp, Eileen Oslund, Todd Paulson, Rodney Snyder, Diane Swanson, Tim Willson, and Carl Wolter Members absent and excused: Tony Kuefler, Eric Marquardt, Janice Thielsen Members absent and unexcused: Bob Mickelson, Ted Willard Also present: Councilmember Kathy Carmody NOTE: Membership is at fourteen. APPROVAL OF MINUTES Motion by Eileen Oslund, seconded by Sy Knapp to approve the minutes of March 27, 1996. Motion passed unanimously. CORRESPONDENCE - Chair Willson read the letter from Commissioner Brekke to Chief Judge Burke stating he will not seek to be reappointed. His term expired April l 8th. - The appreciation resolution for past Commissioner Bev Wolfe was read and passed at the April 8th City Council meeting. - The Recording Secretary stated that she wrote a letter to past Commissioner Wolfe, and as of this date, has not had a reply from her. - Members had received a copy of Chair Willson's letter to the City Council and Mayor dated 4 -2 -96. OLD BUSINESS Some discussion was held on the City Council/City Manager relationship. This item is to be discussed by the Council at their retreat on April 27. Councilmember Carmody was present at our meeting to seek further clarification on this item. Chair Willson relayed the information that the Charter Commission seeks direction from the City Council on how they wish to proceed on this item, either by a resolution, ordinance, or charter amendment. Diane Swanson arrived at 7:15 p.m. Commissioner Swanson reported on the Firehouse Park clean up. She suggested that perhaps in June, July or August, the Charter Commission could begin and/or hold their meeting at the park and do another clean up at the beginning of the meeting. NEW BUSINESS *Discussion of S.F. No. 2255, Vacancies on the Council/Boards Chair Willson had provided members with copies of this bill which was signed into law by the governor recently. As noted on line 1.4, this bill applies to statutory cities only. *Discussion on City Liability Concerns, Section 6.02, Subd. 3 (a) of the charter Discussion on this item revealed that in the model city charter, it leaves the appointment or removal of department heads up to the City Manager. It was suggested that perhaps the City Attorney should be consulted on this section, or some attorney. Possibly in the future, the City Attorney could be invited to attend a meeting. Further discussion ended up with the asking of the Recording Secretary to obtain a copy of the original Charter; and copies of all ordinances that enacted changes in the charter since the original charter. The Recording Secretary was also asked to find out what was the wording in the original charter in this section, and if a change was made to give the power of appointing or removing department heads to the Council, and any background information to support that change. Data privacy concerns /freedom of information questions center around this particular item. Commissioner Knapp will work with the City Attorney on preparing an issue statement listing the pros and cons on this issue. *Other Ideas /Suggestions Regarding the Charter Commissioners are urged to submit to the Chair any other ideas or suggestions for changes in the charter prior to the next meeting. *Appointment of New Audit Chair In light of Commissioner Brekke not seeking reappointment, a new Audit Chair for 1996 needs to be selected. This item will be on the next agenda. ADJOURNMENT Motion by Eileen Oslund, seconded by Carl Wolter, to adjourn at 9:09 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary Page 2 of 2 Pages 4 -24-96 I BROOKLYN CENTER CHARTER COMMISSION MAY 22, 1996 7 P.M. CONFERENCE ROOM B CALL TO ORDER The meeting was called to order by Chair Willson at 7:33 P.M. ROLL CALL Members present: Ulyssess Boyd, Sy Knapp, Eileen Oslund, Rodney Snyder, Janice Thielsen, Ted Willard, Tim Willson, and Carl Wolter Members absent and excused: Tony Kuefler, Eric Marquardt, Diane Swanson Members absent and unexcused: Nancy Carlson, Bob Mickelson, Todd Paulson NOTE: Membership is at fourteen. APPROVAL OF MINUTES Motion by Eileen Oslund, seconded by Rod Snyder, to approve the minutes of April 24, 1996. Motion passed unanim ously. CORRESPONDENCE Members had received copies of the following correspondence: - Letter from Chief Judge Burke dated 4 -24-96 (regarding advertising for Byron Brekke's replacement). - Letter to the SunPost dated 4 -30 -96 (regarding commission opening) and 5 -15 -96 (regarding tonight's meeting). - Memo to members from the Recording Secretary dated 5 -15 -96 (regarding requested information). The Administrative Assistant also stated that she received a note from past Commissioner Bev Wolfe regarding her choice of recognition. Carole will take care of getting a plaque prepared for Bev Wolfe. OLD BUSINESS *City Council/City Manager relationship. Chair Willson stated that he had received a memo (dated 4- 30 -96) from the Mayor and City Council in response to this issue. The memo addressed the four points stated in our letter to them previously sent, and suggested a joint meeting with the City Council and Charter Commission members at a work session either in July or some month later. After discussion, it was decided that the Chair write to Council to thank them for consideration of this issue, and that we will be glad to meet in joint session at one of the work sessions, either the last one in July or some time soon thereafter (due to the fact that many commissioners will be on vacation the fast part of July.) i *Appointment of Audit Chair Motion by Eileen Oslund, seconded by Sy Knapp, to appoint Janice Thielsen as Audit Chair for 1996, to replace Byron Brekke. Motion passed unanimously. NEW BUSINESS *Meetings During the Summer It was decided that there will be no scheduled full commission meetings in June or July. The next meeting will be August 28, 1996, unless a joint meeting between the Charter Commission and City Council cannot be set until in September. If the joint meeting is set for September, then the next full Charter Commission meeting will be September 25, 1996. *Discussion on City Liability Concerns, Last Sentence of Section 6.02, Subd. 3 (a) of the Charter The Recording Secretary passed out copies of the original Charter and all ordinances that enacted changes in the charter since the original charter, as was requested by members at the last meeting. Sy Knapp stated that he talked to the City Attorney and the League of Minnesota Cities to obtain their viewpoint/pros and cons on this issue. Sy Knapp passed out a letter (dated 5- 20 -96) from the League, and a letter (dated 5- 22 -96) from Charles L. LeFevere of Kennedy and Graven. Motion by Rod Snyder, seconded by Ted Willard to have the Chair form a sub - committee on this issue. Sy Knapp will be the Chair, and Janice Thielsen, and Ted Willard will be members of this sub- committee, as well as Tim Willson as Ex- Officio. Members of this sub - committee decided to meet on Thursday, July 18, at 7 p.m. The Administrative Assistant will arrange for a meeting room at City Hall. ADJOURNMENT Motion by Eileen Oslund, seconded by Sy Knapp to adjourn the meeting at 8:40 P.M. Respectfully submitted, e o_Ac � Carole J. Blowers Administrative Assistant Page 2 5 -22 -96 I BROOKLYN CENTER CHARTER COMMISSION JOINT MEETING WITH THE CITY COUNCIL MONDAY, SEPTEMBER 30, 1996 7 P.M. COUNCIL CHAMBER Mayor Mryna Kragness called the meeting to order at 7:05 p.m. City Council members present: Charles Nichols, Debra Hillstrom, Kathleen Carmody. Charter Commissi on members resent: Walter Bursc S Knapp, Oslun P h, Y PPS d, Todd Paulson Ted Willard, Tim Willson, Carl Wolter. Also present: Mike McCauley, City Manager; Carole Blowers, Administrative Assistant to the Charter Commission; Secretary from Time Savers. Tim Willson, Chair of the Chair Commission, presented a change in Chapter 6, Section 6.02, Subdivision 3(a) of the. Charter which was voted on at the last Charter meeting of September 25th. Mr. Willson stated that the Charter Commission recommends the adoption by the City Council of this charter change, and asked to have it placed on the Council agenda as soon as possible. Sy Knapp arrived at 7:12 p.m. The City Manager, Mr. Knapp, and Mr. Willard discussed the charter amendment more fully, and the pros and cons involved. The Council was also presented with documentation from the League of Minnesota Cities and a letter from Charlie LeFevere, both recently written, which were considered by the Charter Commission in making their decision on the recommended language change. Todd Paulson arrived at 7:35 p.m. It was questioned what would happen if the City Council did not unanimously pass the recommended change. Tim Willson stated that it goes on the ballot, probably in two years, as it would be too late for this coming election. It was stated that a letter supporting this change in the charter had previously been received by the Charter Commission from the City Council. Mr. Willson stated that the charter amendment passed at the commission level on September 25, 1996, with 2/3 affirmative vote of members. Mr. Willson explained that another motion was made, but tabled, at the last Charter meeting in which the City Manager's decisions on hiring of division heads only would have to be affirmed by a majority vote of the City Council. Motion by Todd Paulson, seconded by Carl Wolter, to adjourn the meeting at 8:03 p.m. S tted by, arole J. B wers Administrative Assistant to the Charter Commission I BROOKLYN CENTER CHARTER COMMISSION SEPTEMBER. 25, 1996 7 P.M. CONFERENCE ROOM B CALL TO ORDER The meeting was called to order by Chair Willson at 7:02 p.m. ROLL CALL Members present: Ulyssess Boyd, Walter Bursch, Nancy Carlson, Sy Knapp, Eileen Oslund, Todd Paulson, Diane Swanson, Janice Thielsen, Ted Willard, Tim Willson, and Carl Wolter Members absent and excused: Eric Marquardt, Rodney Snyder Members absent and unexcused: None. NOTE: Membership is at thirteen with the resignation of Robert Mickelson, and the term expiration of Tony Kuefler. APPROVAL OF MINUTES Motion by Ted Willard, seconded by Sy Knapp, to approve the minutes of May 22, 1996. Motion passed unanimously, with one member abstaining. NOTE: Janice Thielson and Todd Paulson arrived at 7:04 p.m. CORRESPONDENCE Members had received copies of the following correspondence: - Letter from the City Manager regarding Advisory Commission membership - Letter from City Clerk regarding Resolution 96 -132, Appointment of city employees to city boards /commissions - Letter from Chief Judge Burke announcing new Chief Judge Mabley - Order from Chief Judge Mabley appointing Walter Bursch - Order from Chief Judge Mabley reappointing Tim Willson - Letter to SunPost newspaper regarding tonight's meeting. Chair Willson passed out copies of Robert Mickelson's resignation letter dated August 28, 1996. Chair Willson also mentioned that he had received a note from Tony Kuefler expressing thanks for being a part of the commission since 1986. His appointment ended September 18, 1996. At this point in the meeting, Chair Willson discussed acknowledging the years of service for both Mr. Kuefler and Mr. Mickelson. The Administrative Assistant will prepare the resolutions for presentation at a City Council meeting, as well as taking care of a clock for the outgoing members of the Charter Commission. t OLD BUSINESS * Sub Committee Report on Section 6.02, Subdivision 3(a) of the Charter Sy Knapp, Chair of the Sub - Committee, reported that the committee had met on July 18, 1996. The May 20, 1996, letter from the League of Minnesota Cities was discussed, as well as the May 22, 1996, letter from Charles LeFevere regarding this subject. All commissioners were provided copies of these items. The League of Minnesota memo stated that in reviewing other city charters, the last sentence of that section is NOT in hardly any other charters. By removing the last sentence, it makes the city less liable. Diane Swanson arrived at 7:21 p.m. Research memos dated January, 1966 and January, 1974 were received by Sy Knapp, and will be copied for members by the next meeting. Motion by Sy Knapp, seconded by Eileen Oslund, that the Charter Commission recommend to the City Council the change in language to the Brooklyn Center Charter, which is the deletion of the last sentence in Section 6.02, Subdivision 3(a), which reads "Appointment and removal of department heads shall be made final only upon majority vote of the Council", and that the Charter Commission recommend to the City Council the enactment of the amendment by ordinance as provided for in Section 3.04 of the Brooklyn Center City Charter, which means by majority approval. The Brooklyn Center Charter Commission should forward this recommendation to the City Council along with the letters from the League of Minnesota Cities and Charles LeFevere, and page 14 of the City Charter referencing this section. (NOTE: This motion strikes the entire last sentence in the charter in this section.) A lengthly discussion then followed. Commissioner Paulson stated he felt that the City Manager should receive approval from a majority of the Council on appointments of department heads, but felt that it was appropriate for the City Manager to alone handle department head terminations. Commissioner Paulson further stated that the matter of hiring vs. terminating should be separated from the motion. Several commissioners stated that the Council already was in agreement on this subject, and had indicated this in writing to the Charter Commission. Commissioner Paulson also stated that he felt there had not been enough discussion on this subject, and that further investigation and discussion was needed. Motion was made by Todd Paulson, seconded by Diane Swanson, to separate the issues of termination/removal and appointment of department heads from the original motion. Chair Willson stated that he was going to rule that this was a substitute motion, since it was so very different than the first and original motion made by Commissioner Knapp. Before the vote was taken, Chair Willson clarified how many votes were needed to pass the amendment, which was eight (8). 4 i Roll call vote was taken on the first and original motion which meant to delete the entire last sentence of Section 6.02, Subdivision 3(a). Voting for this motion were: Bursch, Carlson, Knapp, Oslund, Paulson, Swanson, Thielsen, Willard, Willson. Voting against this motion: Boyd, Wolter. Motion passed. Motion by Todd Paulson, seconded by Diane Swanson, that the Brooklyn Center Charter be amended to add the following sentence: "Appointment of department heads by the City Manager shall be confirmed by a majority vote of the City Council." Motion by Todd Paulson, seconded by Sy Knapp, to table the previous motion. Motion by Ted Willard, seconded by Eileen Oslund, to send the amendment directly to the Council and advise them what has been done to date. Motion passed unanimously. NEW BUSINESS *Chair Willson reminded members that there is the joint meeting of the Charter Commission and City Council on Monday, September 30, 1996 at 7 p.m. *Next regular meeting date will be October 23, 1996, at 7 p.m. ADJOURNMENT Motion by Todd Paulson, seconded by Carl Wolter, to adjourn the meeting at 9:21 P.M. Respectfully submitted, Carole J. Blowers Administrative Assistant BROOKLYN CENTER CHARTER COMMISSION OCTOBER 23, 1996 7 P.M. CONFERENCE ROOM B CALL TO ORDER The meeting was called to order by Chair Willson at 7:12 p.m. ROLL CALL Members present: Ulyssess Boyd, Nancy Carlson, Sy Knapp, Eileen Oslund, Rodney Snyder, Janice Thielsen, Tim Willson, and Carl Wolter Members absent and excused: Eric Marquardt, Diane Swanson Members absent and unexcused: Walter Bursch, Todd Paulson, Ted Willard NOTE: Membership is at thirteen. APPROVAL OF MINUTES Motion by Ted Willard, seconded by Sy Knapp, to approve the minutes of September 25, 1996, (with the addition of "Motion passed." at the end of paragraph 3 on page 3) and to approve the minutes of the joint City Council/Charter Commission meeting of September 30, 1996. Motion passed unanimously, with one member abstaining. CORRESPONDENCE Members had received copies of the following correspondence: - Letter to the Chief Judge regarding the two vacancies on the commission - Letter to SunPost Newspapers regarding advertising of the two vacancies and tonight's meeting. OLD BUSINESS * Sub Committee Report on Section 6.02, Subdivision 3(a) of the Charter Chair Willson stated that the proposed amendment to this section of the charter was presented verbally and in writing to the City Council at the joint meeting held on September 301h, 1996. The first reading of the proposed ordinance was approved at the October 15th meeting. It is believed that the second reading will be held on November 18th. Commissioners had received copies of the two research papers done by the League of Minnesota Cities dated January of 1966 and January of 1974. It was commented on whether these papers would still be relevant, considering their dates. NEW BUSINESS *Next Meeting Date The next regular meeting will be Wednesday, November 20, 1996, at 7 p.m. It is moved up a week due to Thanksgiving. *Preamble to the City Charter Commissioner Carlson asked for more information about the preamble that was attached to the Rules of Procedure. She also asked if the ward system had been discussed by the Charter Commission. This subject has been discussed at least once by the commission some years ago. ADJOURNMENT Motion by Sy Knapp, seconded by Rodney Snyder, to adjourn the meeting at 7:46 P.M. I- spectfully submitted, Carole J. Bl wers, Administrative Assistant CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1996, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 6 of the Brooklyn Center City Charter; Section 6.02 Subd. 3(a). Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER; SECTION 6.02 SUBD. 3(a) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 6.02, Subdivision 3(a) of the Brooklyn Center City Charter is hereby amended as follows: Section 6.02, Subdivision 3(a): Subject to the provisions of paragraphs (b) and (c) of this Subdivision, the City Manager shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all applicable ordinances, all officers and employees of the City, except the City Attorney, whose appointment and removal shall be at the discretion of the Council. [Appointment and removal of department heads shall be made final only upon a majority vote of the Council.) Section 2. This ordinance shall be effective after adoption and ninety days after its passage and publication. Adopted this day of 1996. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) City of Brooklyn Center A great place to start. A great place to .stay. BROOKLYN CENTER CHARTER COMMISSION TO: Mayor Kragness Councilmember Kathleen Carmody Councilmember Kristin M.uin Councilmember Debra I:Iilstrom Coiincilmember Charles Nichols, Sr. . FROM: Tim Willson Chair, Charter Commission DAZE: September 29, 1996 RE: Charter Revision to Chapter 6, Administration of City Affairs, of the City Charter At the September 25, 1996, Charter Commission meeting, the Charter Commission voted to amend Chapter 6, Section 6.02, Subdivision 3(a) of the City Charter. 'I1►e Commissioners voted to remove the last sentence ui that subdivision which read, "Appointnient and removal of department heads shall be made final only upon majority vote of the Council." The reasoning for deleting this sentence was to allow the power of appointing and removing department heads to be with the City Manager alone, without majority vote approval by the Council making those kinds of decisions final. Pursuant to Minnesota Statutes 410.12, Subdivision 7, the Brooklyn Center Charter Commission recommends the adoption, by ordinance, of the attached proposed ordinance. This item should be placed on the City Council agenda as soon as possible. If you have any questions, please contact me. cb Attachments 6301 Shingle Creek Pkwy, Brooklyn Center, iti1N 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Section 5.09. INITIATION OF CHARTER AMENDNfENTS., Nothing in this charter shall be construed as in any way affecting the right of the registered voters, under the constitution and statutes of Nfianesota, to propose amendments to this charter. Mai TN - ESOTA STATUES ANNOTATED Section 410.12 Subdivision 7 Charter Amendment by Ordinance Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council by an affirmative vote of all its members after a public hearing upon two weeks published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. Such petition shall be signed by qualified voters equal in number to two per cent of the total number of votes cast in the city at the last state general election or 2,000 whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance an e at any g eneral or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of (tifinnesota Statutes 410.12) subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to film of such g ordinance when approved roved b the voters. Section 5.10.. THE REFERENDUyf. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters' of the City equal in number to ten (10) per cent of the total number of registered voters at the time of the last rem ar municipal election is filed with the City Clerk to requesting that any such ordinance be repealed or submitted to a v q ,. o P of the registered voters, the ordinance shall thereby be prevented from. Going into operation. The Council shall thereupon reconsider the ordinance at its next regular meeting, and by a majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, pending which the ordinance shall remain suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall not become effective; but if a maion v of the voters favor the ordinance, it shall go into effect irmediately or on the date therein specified. -10- CRAFTER 6 ADtifINISTRATION OF CITY AFFAIRS Section 6.01.. THE CITY NiAi AGER.. The City Manager shall be the Chief Administrative Officer of the City and shall be chosen by the Council solely on the basis of training, experience, and administrative qualifications. The choice shall not be limited to inhabitants Of the City or State. The City 'Nfanager shall be a citizen of the United States and shall be appointed for an indefinite period. The City hfanager shall be removable by the Council at ' will, provided, however, that if removed at any time after one year of service, the City Nfanager may, within fifteen (15) days after such removal, demand written charges and a Public hearing on the same before the Council; but pending and during such hearing, the Council may suspend the City Manager from office with or without pay. Such public hearing t shall take place within thirty (30) days after the demand for the same and the written charges shall be furnished to the City Manager by the Council , at least tea (10) days before the, hearing. During the suspension, absence or disability of the City Manager, or in case of a vacancy in the office of the City Nfanager, the duties of said office shall be performed by some properly qualified person designated by the Council as acting manager. Section 6.02., POWERS AND DIMES OF THE CITY ivLAIvAGER. Subdivision L Subject to the provisions of this charter, any Council regulations consistent therewith, and other applicable laws the City Nfana er g shall control and direct the administration of the City s affairs. The City Manager shall have the powers and duties set l forth in the following subdivisions. Subdivision 2., The City Manager shall see that this charter and the laws and resolutions of the City are enforced. Subdivision 3. (a) Subject to the provisions of paragraphs (b) and (c) of this Subdivision, the City 'Nfanager shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all applicable ordinances all otTlcers and employees of the City, except the City Attorney, whose appointment and removal shall be at the discretion of the Council. Appointment and removal of department heads shall be made final only upon a majority vote of the Council. (b) The Fire Chief shall be appointed from Lhe members of the Fire Department. Procedures for the appomtrnent, suspension and removal of the Fire Chief shall be set forth in paragraph (a) of this Subdivision. -14- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the _ day of 1996, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 6 of the Brooklyn Center City Charter. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 6.02, Subdivision 3(a) of the Brooklyn Center City Charter is hereby amended as follows: Section 6.02, Subdivision 3(a): Subject to the provisions of paragraphs (b) and (c) of this Subdivision, the City Manager shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all applicable ordinances, all officers and employees of the City, except the City Attorney, whose appointment and removal shall be at the discretion of the Council. [Appointment and removal of department heads shall be made final only upon a majority vote of the Council.] Section 2. This ordinance shall be effective after adoption and ninety days after its passage. Adopted this day of ' 1996. Mayor Myrna Kragness A'1 i � sT: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) KEi�1EDY & GRAVEN cH,,rrr� A.lt _yL u L...+ J�%s J. raow3oN 470 Pabbur7 C=Lcr, Y,=Dcxpdu, Wwncv>U S54M LUuv? wMrFoum Rori2T .t AISC -r (61.2) 137.9300 Bonne L wQ BitL= .Vc BATTrj=s lox T. Yw.Yc k0eLU O EL Bsm Facslmik (6U) 337 -9310 S zr=4 J. Bvrm Jo 1EL1 & pLaN DAvm L ClkrCY (i3r� -vol D&h7m . J. GR=N5FIIG - D -k vm J. =" "My UP COV?0YL C' ­,x Lx s L LrFty tit C RO aorr G C.U1LioN Josue+ M. Lja1zYxL a. wRrra'S DIRECT DIAL RoazxT L Du.«coN R0a LAT J. Lev , (4u) 1174:1.1 wtLLZ -;0ToN FL L.w Aostacr C LONG PLOW B- OL.1014 JA-%<M %,L SMC CYrsri'ss .i.. PSAtSON Co aRLYL E_ rao+-Mo.x play 22, 1996 T. JAY S .-a_N Sy Knapp Bolton & Nfenk, Inc. 1515 Fast Hwy. 13 Burnsville, 'L*Y1N 55337 RE: Charter Secrion 6.02, Suod. 3(a) Dear Sy: On behalf of the Chaster Comrruission, you have asked for my comment on the legal and practical implications of Charter Section 6.02, subd. 3(a) which requires that appointment and removal of department heads shall be made final only upon a majority vote of the city council. As a legal Tnattcr, there could be some advantages to allowing the manager to snake such decisions witbout radflcation by the city council. Hiring and firing dccisions can expose a city to liability if not handled properly. Such decisions involve issues of the Civil Rights Act, the Human Rights Act, the Open infecting Law, the Data Practices Act, and defamation, among others. I would not say that the decision whcthc to hire or fire would be more likely to expose the city to liability if the decision were subject to ratification by the city council. In .fact, there could be cases in which such a process would serve as a check on an unwise decision by a city manager and actually result in avoiding liability. However, the rp ocess of making the decision is compkated by involvement of the city council_ This process could expose the city to liability because more people are involved in the decision, those people are not often trained or experienced in personnel management and related legal issues, and the city council involvement is required, for the most . part, to be in an open, public forum U the hiring and firing decisions of the manager in the case of department heafis were final., as it is in the cast, of all other city employees, the hiring and firing process would be more easily rnanaQc-,d with the involvement of personnel professionals and the advice of legal counseL Because the decision involves city employees and appli for city ernployment, the data generated in the process and us°d during the decision making process is private (� :th a few limited exceptions) and not available to the public. If these decisions arc made solely by the city manager, the entire process, as well as the personnel d= which is used in the process, remains private, rhC7ebv avoiding public disclosure of the data. In the case of dismissal of depar:nent heads, this can have the effect of reducing the possible embarrassment that can result from disclosure of reasons for a dismissal. There may by instances in which the reason that a Sy Knapp May 22, 1996 Page 2 dismissed employee brings suit against the city is the belief that his or her reputation has been damaged and the embarrassment thar can result from public discussion of his or her shortcomings. For a time, there was considerable confusion about how this kind of personnel decision was to be handled by public bodies because the Open Meeting Law required meetings of the city council to be open, but the Data Practices Act required personnel data to be priv= and not disclosed to the public. That confusion has been resolved by the legislature; and the law now provides that m=tings must be open, even if private personnel data is discussed_ Therefore, meetings of city councils on personnel matters must now be open, even if private data is being discussed.., unless a specific exception to the Open Meeting Law authorizes an executive mission. The most common exceptions to the Open Mccting Law for discussion of personnel data are Minnesota Statutes, section 471.705, subd 1(d), subparagraphs (e) and (d). Paragraph (c) requires the council to close me--tings for "orcliminary considcration of allegations or charges against an individual subject to its authority." However, if the city council concludes that discipline of any nature may be warra.ntcd, further meetings or hearings relating to the spccuac charges must be open. Paragraph (d) allows the council to close a meeting to discuss the performance of an individual subject to its authority. This exception would apply to a performance evaluation of the city manager because the city manager is subject to its authority, but it would not justify closing a meting to decide whether to hire or fire a departtrvnt head. Therefore, involvement of the council in these decision brings the decisions out into a public forurrL Additionally, although the Open Meeting Law requires such m=: ngs to be in an open public forum, the private personnel data still maintains its classification as private data Therefore, the council will not violate the Data Practices Act by a public discussion of private personnel darn at a city council meeting, but any other release or disclosure of the same data will be a violation of the Dares Practices Act. This can create a problem for city council members who may be criticized for their personnel decisions, but are not free to discuss their reasons for the decision, because to do so would violate the Data Practices Act_ The same is true of defamation actions. The city council members may have a qualified privilege which would Protect them from defamation claims for statements trade about an individual crnployee at a city council meeting, but that privilege would not extend to public discussion about the individual our-side of dial forum Other problems can arise because ciy council members t;rav not be knowledgeable about laws relating to personnel decisions. For ezarnpie, the state Human nights Act prohibits discrimination in hiring on the basis of race, sex, age, disability, etc. It is not unusual for people who are not familiar with laws, rulings, and regulations"reladrig to such hiring decisions to ask inappropri.are questions or makc inappropriate comments which can be use; as evidence that the city council was guilty of discrimination on the bates of race, sex, age, disability, or mariral SLa M1 S. c • :csc;o Sy Knapp May 22, 1996 Pace 3 I should note that the problems with council involvement which are described above are not insurmountable. They are the same problems faced by cities which are not organized under the counciUmanager form of governnMenc. However, they are problems which would not arise if the ciry manager's decision were fmiL and council ratification were not required. Other problems with the Charter provision are more practical or political than legal in nature. The chatter provision seems to be a compromise bower a pure council/manager form of govern tr government where the professional manager is inusted with all hiring and firing decisions in addition to other personnel adrai.nistranon, and other forms of govcmmcnt where rite ciry council has a larger role. The obvious advantage of the council/manager for-,n, of g is that all administrative authority is vested in the ciry manager. This makes for clear lines of responsibility and authority, and apparently the charter commission felt that the advantages of this fo of government were sufficient to justify entrusting the manage, with the authority for all hrrngs and firings of employees except for departrncrnt hods. The disadvantages of this chard -r provision are the same as those of a c administrator form of government where employees report to a city administrator, but decisions on hiring and fzing are left with the city council. "This can blur the lines of authority and responsibility, and employees may seek to form alliances with council members and underntine the authoriry of the chief executive officer. ,,although this chatter provision gives dhe council more control over e hiring and firing decisions, if can also place council members * an uncomfortable position if mployees attempt to go around the city manager. Employees may also seek to involve others, outside of city government, who have political influence to aid them in disputes with d city manager. with the result that employment decisions can become polidcized. As in the case of the legal issues described above, these practical and political problem arc not insurmountable. They are faced by other cities which do not have the counciU form of goverarnent The charter commission must ultimately decide whether the advantages of requiring council ra.tiDeation of these decisions outweigh the disadvantages. If y ou have any further questions relating to this issue, please feZI iiee to give me a call_ Very u yours, Cn�=rles L. LeFcver CLL:c -- 'u °_C:J ?129; - 145 University Avenue West, St. F.1-1, MN »103 -2044 L L — qu, 0f. fi„.s'. 0 U C;,,•, Phone: (612) 281 -1200 (800) y23- 1122;, Fax: (612) 231.1299 - TDD (b12) 231.1290 hfay 20, 1996 Sy Knapp Charter Commissioner City of Brooklyn Center 7221 Riverdale Road Brooklyn Center, &iN 55430 Dear Mr. Knapp: Enclosed are two League research memos that discuss the differenLcs between the positions of city manager and city administrator and the pros and cons of each system. I have also enclosed the pagc from the League's Handbook for Minnesota Cities that discusses these Positions. As you will notic: , the primary difference is that a city manager, as that term is used for statutory cities, can hire and fire employers while a city administrator cannot. As Brooklyn Center operates under a home rule charter form of government, it would be possible to grant an administrator the power to hire and fire, or to deny the power to a city manager. To do so, however, only serves to confuse people and it is my recommendation that charter cities follow the general outlin cities. e of each position as they would be used by statutory You stated that Brooklyn Cenicr's charter currently provides for a city manager whose authority to appoint department heads is subject to council approval. Although I have not done a complete review of all charters in the Lcague's files or surveyed all chaxTer cites, I am confident in staring that this is not a common provision. In fact, I have not come across a similar provision in any of the charters on which I have worked. This is not to say it is a bad Provision, simply that it is a unique approach. The primary advantages the current system has are that it provides a check and balance on the Power of the manager helping 10 keep employee concern and loyalty on the side of the c(ccted body instead of an appointed positioa, and it could help ensure that -+ at proper hiring procures are being followed to minimiz the risk of the city being sued for discr ry g .rnina tior., etc. On the other hand, such a provision undermines the authority of the manag which could effect his or her ability to manage. It delays the decision malting process, and it means that more people are involved, many of whom may not be adeauacely trained on lawful hiring practices thus acnally mat=ing t`ic risk of unlawful questions being asked at u=rvicws and -N c= :,U.1L 0P ?0RTUN1'ry! :k F!R`.L; - 17, - - EMPT.n'rF ©'d �ki101 other unlawful practices bcing inadvertently usrd. I hope that this info= ion will be of some assistance to you and the rest of the char commission as it reviews possible amendmmrs to the charier. If I can be of any further assistance, please feel free to contact me again. Kent Sulem Codification Attorney .enc. I MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION JOINT MEETING WITH BROOKLYN CENTER CHARTER COMMISSION SEPTEMBER 30, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session with the Charter Commission and was called to order by Mayor Myrna Kragness at 7:05 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley and Council Secretary Connie Beckman. Councilmember Kristen Mann was absent. Charter Commission members present: Chairman Tim Willson, Walter Bursch, Sy Knapp, Eileen Oslund, Todd Paulson, Ted Willard, Carl Wolter, and Commission Secretary Carole Blowers. CHARTER REVISION TO CHAPTER 6. ADMINISTRATION OF CITY AFFAIRS, OF THE CITY CHARTER Information was distributed to Council members regarding recent action by the Charter Commission at its September 25, 1996, meeting. Action included amendment of Chapter 6, Section 6.02, Subdivision 3(a) of the City Charter in which Commissioners voted to remove the last sentence in that subdivision which read, "Appointment and removal of department heads shall be made final only upon majority vote of the Council." Deletion of this sentence would allow the power of appointing and removing department heads to be with the City Manager alone, without majority vote approval by the Council making those kinds of decisions final. Councilmember Nichols observed that if the City Manager is not granted the ability to hire /fire, he has not really been given the ability to be City Manager since it is Council's primary responsibility to set policy and the City Manager's responsibility to implement that policy. 09/30/96 -1- Charter Commission Chair Willson acknowledged Mr. Nichols' statement adding the wording change would put extra responsibility on Council members to follow through more with the City Manager with respect to lines of communication. Charter Commission member Knapp stated that the proposed change offers a certain measure of protection in three aspects: 1) effective administration of the City's business; 2) liability issues; and 3) political issues. Mayor Kragness reiterated that Council makes olic decisions whereas hiring/firing /firin is not policy P Y g g P Y related. APPOINTMENT /CONFIRMATION OF DEPARTMENT HEADS Charter Commission Chair Willson informed Council nothing was formally decided at the Commission's last meeting with respect to appointment/confirmation of department heads. It is probable language will be added regarding hiring of employees. "Termination" and "appointment/confirmation" will most likely be viewed and treated as separate items within the Charter. From a practical standpoint, Mr. McCauley believed that if Council has faith in the City Manager, then the City Manager should be afforded the decision to hire without Council confirmation. He added that if he had to choose he would prefer the power to hire without confirmation versus permission to fire. Mr. Willson talked about accountability factors relating to the City Manager's ability to confirm/appoint and/or fire a department head. Charter Commission member Paulson indicated he believed confirmation approval by Council would allow Council to exhibit votes of confidence in the City Manager. Councilmember Nichols responded there could be scenarios in which a unanimous vote of Council members would not be realized all the time. And if a unanimous vote was not given by Council, this would not create an atmosphere of Council support for the City Manager. Mr. Paulson indicated a desire to see Council involvement in appointment(s) /termination(s) of department heads to some degree. Mr. McCauley responded Council should be fully informed of decisions made by the City Manager and understand what's happening. Charter Commission member Knapp cited his past interviewing experience and associated processes. Given Council is not required to be trained in the area of potential human rights act issues, a wrong question could possibly be posed to a potential department head. 09/30/96 -2- Mr. Willson talked about the processes which accompany aproposed wording change to the Charter. He also provided insight to Councilmembers about time lines and how much research and accompanying deliberation is completed prior to presenting anything to Council for approval; some items take as long as two years for Charter Commission consideration. Ms. Oslund referred to the Council's recently set goals and inquired if there was anything in the Charter that needed to be addressed which are related to these goals. The City Manager indicated discussion of Chapter 7 in the Charter might be appropriate with respect to setting forth a broader scheme. Commissioner Oslund agreed adding the broader scheme should include operations into the year 2,000. In closing, Mr. Willson assured Council the Charter Commission is not a watchdog commission. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 8:03 p.m. passed unanimously. i City Clerk Mayor Recorded and transcribed by: Connie Beckman TimeSaver Off Site Secretarial 09/30/96 -3- 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive of signery which is subject to Chapter 34 of the City Ordinances. 7. B -612 curb and gutter shall be provided at the east end of the parking lot to assist site drainage in this area. 8. One existing parking space shall be designated for handicap parking with the proper signage. The motion passed unanimously. COUNCIL CONSIDERATION ITEMS AN ORDINANCE AMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER: SECTION 6.02 SUBD. 3(a) Tim Willson, Charter Commission Chair, addressed the Council regarding the proposed ordinance amending the City Charter. Mr. Willson explained that the Charter Commission has worked on this amendment for most of the ear. He said a sub - committee met to stud this proposal and then made Y Y P p its recommendation to the full Charter Commission. The amendment would remove the last line of Section 6.02 Subdivision 3(a) of the City Charter which reads, "Appointment and removal of department heads shall be made final only upon a majority vote of the Council." He indicated this would keep the political process out of the approval of appointments and terminations of department heads. Mr. Willson said Minnesota Statutes 410.12, Subdivision 7 authorizes the Charter Commission to recommend Charter amendments by ordinance with unanimous vote of the Council. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve for first reading An Ordinance Amending Chapter 6 of the Brooklyn Center City Charter; Section 6.02 Subd. 3(a). The motion passed unanimously. The second reading and public hearing will be scheduled for November 12, 1996, at 7 p.m. or as soon thereafter as the matter may be heard. SET DATE AND TIME FOR CANVASS OF NOVEMBER 5. 1996. GENERAL ELECTION There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to schedule the canvass of the November 5, 1996, General Election to be Wednesday, November 6, 1996, at 5 p.m in the City Hall Council Chambers. The motion passed unanimously. PRIVATE KENNEL LICENSE - 6421 BRYANT AVENUE NORTH There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve a private kennel license for Jana Lynn Roberts, 6421 Bryant Avenue North, to keep four cats. The motion passed unanimously. 10/15/96 -9- RESOLUTION NO. 96 -221 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ROBERT MICKELSON FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. PUBLIC HEARINGS AN ORDINANCE AMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER, SECTION 6.02, SUBD. 3(A) City Manager McCauley outlined the change in charter language recommended by the Charter Commission to delete the requirement in the Charter that the appointment and removal of department heads require a majority vote of the Council. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. No public input was offered. A motion b Councilmember Nichols and seconded b Councilmember m to close and d Councilm b r Hilstro th e Y Y public hearing passed unanimously. ORDINANCE NO. 96 -16 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER, SECTION 6.02, SUBD. 3(A) The motion for the foregoing ordinance was duly seconded by member Hilstrom and passed unanimously. AN ORDINANCE VACATING PART OF A SANITARY SEWER EASEMENT WITHIN TRACT C. REGISTERED LAND SURVEY NUMBER 1377 11/12/96 -4- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION JOINT MEETING WITH BROOKLYN CENTER CHARTER COMMISSION SEPTEMBER 30, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session with the Charter Commission and was called to order by Mayor Myrna Kragness at 7:05 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley and Council Secretary Connie Beckman. Councilmember Kristen Mann was absent. Charter Commission members present: Chairman Tim Willson, Walter Bursch, Sy Knapp, Eileen Oslund, Todd Paulson, Ted Willard, Carl Wolter, and Commission Secretary Carole Blowers. CHARTER REVISION TO CHAPTER 6. ADMINISTRATION OF CITY AFFAIRS, OF THE CITY CHARTER Information was distributed to Council members regarding recent action by the Charter Commission at its September 25, 1996, meeting. Action included amendment of Chapter 6, Section 6.02, Subdivision 3(a) of the City Charter in which Commissioners voted to remove the last sentence in that subdivision which read, "Appointment and removal of department heads shall be made final only upon majority vote of the Council." Deletion of this sentence would allow the power of appointing and removing department heads to be with the City Manager alone, without majority vote approval by the Council making those kinds of decisions final. Councilmember Nichols observed that if the City Manager is not granted the ability to hire /fire, he has not really been given the ability to be City Manager since it is Council's primary responsibility to set policy and the City Manager's responsibility to implement that policy. 09/30/96 -1- Charter Commission Chair Willson acknowledged Mr. Nichols' statement adding the wording change would put extra responsibility on Council members to follow through more with the City Manager with respect to lines of communication. Charter Commission member Knapp stated that the proposed change offers a certain measure of protection in three aspects: 1) effective administration of the City's business; 2) liability issues; and 3) political issues. Mayor Kragness reiterated that Council makes policy decisions whereas hiring /firing is not policy related. APPOINTMENT /CONFIRMATION OF DEPARTMENT HEADS Charter Commission Chair Willson informed Council nothing. was formally decided at the Commission's last meeting with respect to appointment/confirmation of department heads. It is probable language will be added regarding hiring of employees. "Termination" and " appointment/confirmation" will most likely be viewed and treated as separate items within the Charter. From a practical standpoint, Mr. McCauley believed that if Council has faith in the City Manager, then the City Manager should be afforded the decision to hire without Council confirmation. He added that if he had to choose he would prefer the power to hire without confirmation versus permission to fire. Mr. Willson talked about accountability factors relating to the City Manager's ability to confirm/appoint and/or fire a department head. Charter Commission member Paulson indicated he believed confirmation approval by Council would allow Council to exhibit votes of confidence in the City Manager. Councilmember Nichols responded there could be scenarios in which a unanimous vote of Council members would not be realized all the time. And if a unanimous vote was not given by Council, this would not create an atmosphere of Council support for the City Manager, Mr. Paulson indicated a desire to see Council involvement in appointment(s) /termination(s) of department heads to some degree. Mr. McCauley responded Council should be fully informed of decisions made by the City Manager and understand what's happening. Charter Commission member Knapp cited his past interviewing experience and associated processes. Given Council is not required to be trained in the area of potential human rights act issues, a wrong question could possibly be posed to a potential department head. 09/30/96 -2- Mr. Willson talked about the processes which accompany a proposed wording change to the Charter. He also provided insight to Councilmembers about time lines and how much research and accompanying deliberation is completed prior to presenting anything to Council for approval; some items take as long s two ears for Charter Commission consideration. g y sion o siderahon. Ms. Oslund referred to the Council's recently set goals and inquired if there was anything in the Charter that needed to be addressed which are related to these goals. The City Manager indicated discussion of Chapter 7 in the Charter might be appropriate with respect to setting forth a broader scheme. Commissioner Oslund agreed adding the broader scheme should include operations into the year 2,000. In closing, Mr. Willson assured Council the Charter Commission is not a watchdog commission. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 8:03 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Connie Beckman TimeSaver Off Site Secretarial 09/30/96 -3- 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive of si ne which i subject o pp g ry s s � ct t Chapter 34 of the City Ordinances. 7. B -612 curb and gutter shall be provided at the east end of the parking lot to assist site drainage in this area. 8. One existing parking space shall be designated for handicap parking with the proper signage. The motion passed unanimously. COUNCIL CONSIDERATION ITEMS AN ORDINANCE AMENDING CHAPTER OF THE BROOKLYN CENTER CITY CHARTER; SECTION 6.02 SUBD. 3(a) Tim Willson, Charter Commission Chair, addressed the Council regarding the proposed ordinance amending the City Charter. Mr. Willson explained that the Charter Commission has worked on this amendment for most of the year. He said a sub - committee met to study this proposal and then made its recommendation to the full Charter Commission. The amendment would remove the last line of Section 6.02 Subdivision 3(a) of the City Charter which reads, "Appointment and removal of department heads shall be made final only upon a majority vote of the Council." He indicated this would keep the political process out of the approval of appointments and terminations of department heads. Mr. Willson said Minnesota Statutes 410.12, Subdivision 7 authorizes the Charter Commission to recommend Charter amendments by ordinance with unanimous vote of the Council. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve for first reading An Ordinance Amending Chapter 6 of the Brooklyn Center City Charter; Section 6.02 Subd. 3(a). The motion passed unanimously. The second reading and public hearing will be scheduled for November 12, 1996, at 7 p.m. or as soon thereafter as the matter may be heard. SET DATE AND TIME FOR CANVASS OF NOVEMBER 5. 1996. GENERAL ELECTION There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to schedule the canvass of the November 5, 1996, General Election to be Wednesday, November 6, 1996, at 5 p.m in the City Hall Council Chambers. The motion passed unanimously. PRIVATE KENNEL LICENSE - 6421 BRYANT AVENUE NORTH There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve a private kennel license for Jana Lynn Roberts, 6421 Bryant Avenue North, to keep four cats. The motion passed unanimously. 10/15/96 -9- RESOLUTION NO. 96 -221 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ROBERT MICKELSON FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. PUBLIC HEARINGS AN ORDINANCE AMENDING CHAPTER OF THE BROOKLYN CENTER CITY CHARTER, SECTION 6.02, SUBD. 3(A) City Manager McCauley outlined the change in charter language recommended by the Charter Commission to delete the requirement in the Charter that the appointment and removal of department heads require a majority vote of the Council. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Nichols and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. ORDINANCE NO. 96 -16 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER, SECTION 6.02, SUBD. 3(A) The motion for the foregoing ordinance was duly seconded by member Hilstrom and passed unanimously. AN ORDINANCE VACATING PART OF A SANITARY SEWER EASEMENT WITHIN TRACT C. REGISTERED LAND SURVEY NUMBER 1377 11/12/96 -4-