Loading...
HomeMy WebLinkAbout2013 04-11 CHCACHARTER COMMISSION APRIL 11, 2013 Brooklyn Center, Minnesota City Hall Council/ Commission Conference Room AGENDA 1.Call to Order: 6:30 p.m. 2.Roll Call 3.Introduction of new Commissioners 4.Consideration of Minutes of the January 17, 2013 Meeting 5.Report of Audit Chair 6.Old Business a.Concerns of City staff regarding Charter b.City staff replies to Charter inquiries 7. New Business a.Review of Charter Chapters 10 through 12 b.Any other new business? 8. Adjournment City of Brooklyn Center CHARTER COMMISSION Court Appointed The Charter Commission reviews the existing charter, considers proposed changes and makes recommendations to the City Council, and safeguards the concept of Home-Rule under the existing charter and Home Rule provisions in the state statutes. Commissioners serve a four-year term. Chairperson and fourteen members. [Minn. Stat. 13.601, Subd. 3(b) states that once an individual is appointed to a public body the following data are public: (1) the residential address; (2) and either a telephone number or electronic mail address where the appointee can be reached, or both at the request of the appointee.] Stanley Leino Chair 2013 7118 France Ave N (29) 763-234-6137 flyfinn7msn.com 3/13/97-9/19/15 Jody Brandvold 4201 Lakeside Ave N #105 (29) 763-536-1060 jobrandvold@gmail.com 10/11/12-10/11/16 Gary Brown Vice Chair 2013 7012 Willow Lane N (30) 763-560-6338 gary-julie-brown@comcast.net 6/25/04-4/26/16 Ellen Davis 5301 Russell Ave N #206 (30) 763-560-2308 louisdavis@q.com 9/19/11-9/19/15 Mark Goodell 1512 Woodbine Lane (30) 763-561-9544 mgoodell@gmail.com 6/7/12-6/7/16 Myrna Kragness Kauth Public Relations Chair 2013 3401 63rd Ave N (29) 763-561-7442 myrnakauth@usfamily.net 10/11/12-10/11/16 Robert Marvin 4711 Twin Lake Ave (29) 763-535-5498 marvins@comcast.net 1/19/11-1/18/15 Harold Middleton 5418 Oliver Ave N (30) 763-549-5594 hjannifer@comcast.net 11/30/98-9/19/15 Judy Thorbus 6265 Brooklyn Drive (29) 763-566-4051 tthorbugyahoo.corn 3/1/13-3/1/17 Renita Whicker 6331 Beard Ave N #1 (29) 763-560-1078 renitawhicker@hotmail.com 9/19/11-9/19/15 Mark Yelich 6018 Beard Ave N (29) 763-486-6001 1/19/11-1/18/15 One (1) vacancy Updated 3/25/13 Gail Ebert 1613 Irving Lane N (30) 763-566-6803 ebesfamily@j msn.com 10/30/07-1/3/16 Mary O'Connor Secretary 2013 5429 Lyndale Ave N (30) 763-561-8038 8/2/10-8/1/14 Eileen Oslund Audit Chair 2013 6000 Ewing Ave N (29) 763-537-2858 10/30/01-1/25/14 Brooklyn Center Charter Commission Meeting Minutes [DRAFT] January 17, 2013 I.Call to order Chairman Stan Leino called to order at 6:30 pm. II.Roll call Chairman Stan Leino conducted a roll call. The following commissioners were present: Stan Leino, Jody Brandvold, Ellen Davis, Mark Goodell, Myrna Kragness Kauth, Robert Marvin, Mary O'Connor, Eileen Oslund, Liesl Rohland, Renita Whicker. Excused were: Gary Brown, Gail Ebert, Harold Middleton, Mark Yelich. Chairman Leino indicated that Commissioner Pone had tendered his resignation. III. Approval of minutes The minutes of the last meeting on October 18, 2012, were reviewed and amended as follows: a)[Leino] Mark Yelich changed from present to excused. b)[O'Connor] Under old business, the phrase "the timelines stated on the forms according to Section 2.05b" was changed to "the timelines stated on the forms too short in according to Section 2.05b" Amended minutes moved to approve by Marvin, seconded by Whicker, passed 10-0. IV. Presentation of Plaque to Edward Nelson Presentation was skipped due to the absence of former Commissioner Nelson. V. Election of Officers for 2013 Marvin nominated Stan Leino for chair, seconded by Davis, elected unanimously. Marvin nominated Gary Brown for vice chair, seconded by Goodell, elected unanimously. Marvin nominated Mary O'Connor for secretary, seconded by Whicker, elected unanimously. Brandvold nominated Eileen Oslund for audit chair, seconded by Kragness Kauth, elected unanimously. 1 Oslund nominated Kragness Kauth as public relations chair, O'Connor seconded, elected unanimously. VI.Report of Audit Char Deferred to next meeting VII.Old Business a)Reviewed council and staff responses to questions raised during the charter review at last meeting. Chairman Leino related that the council will communicate charter concerns to the commission in 30 days. b)Discussed lack of uniform application as required by Section 2.05b, Chairman Leino was directed to request creation by city clerk. c)Discussed response to question about lack of council liaison to the planning commission. Chairman Leino was directed to request further clarification from city manager. d)Question was raised about the response to the inquiry about special election time lines. Chairman Leino was directed to request further clarification from the city clerk and check on the possibility of removing the primary requirement. e) Chairman Leino announced an opening on the commission with the resignation of Commissioner Pone. VIII. New Business a)Meeting dates for 2013 were set to: 4/11/2013, 7/18/2013, 10/17/2013, 1/16/2014. Moved by Marvin, seconded by Brandvold, passed unanimously. b)Reviewed charter sections 5-8. Chairman Leino was directed to ask for clarification of the verbiage in Section 5.01 about an ordinance needing to be "passed by the Council" before being referred to the voters and ask if this is a summarization of the review process outlined in Section 5.06. As a general change, Chairman Leino was directed to request a list of all instances in the charter referencing the position of City Treasurer that should be changed to Finance Director. Chairman Leino was directed to inquire about the existence of a purchasing policy in accordance with section 6.05. Chairman Leino was directed to inquire if the contracting law reference in 2 Section 6.06 is still valid. Chairman Leino was directed to inquire about the purpose of a 4/5 majority needed to reduce budget amounts in an existing budget in Section 7.08. Chairman Leino was directed to ask the finance director if the disbursement verbiage in Section 7.10 covers current electronic processes. c) Commission will review charter sections 10-12 at next meeting. Commissioner Davis left the meeting at 8:30 pm. IX. Adjournment Marvin moved to adjourn at 8:50 pm, seconded by Kragness Kauth, passed 9-0. Minutes submitted by: Mark Goodell 3 Sharon Knutson From: Stan Leino <sleino@prosourcetech.com > Sent: Wednesday, February 20, 2013 2:22 PM To: Sharon Knutson Cc: mary_oconnor08@hotmail.com ; myrnakauth@usfamily.net ; Mark Yelich; Robert Marvin (Robert@RJMarvin.com ); gary-julie-brown@comcast.net ; ebesfamily@msn.com ; mgoodell@gmail.com ; lieslrohland@comcast.net ; hjannifer@comcast.net ; louisdavis@q.com Subject: FW: Proposed Charter Attachments: City Council Proposed Charter Changes suggested language.pdf Dear Sharon, Would you mind forwarding this document to the Commissioners since not all of the Commissioners have e- mail? Thank you! Stan Leino, J.D. I Title Specialist ProSource Technologies, LLC I sleino(aprosourcetech.com 763.233.5496 I fax 763.786.1030 Cell 763.234.6137 "A page of history is worth a volume of logic." Justice Holmes From: Curt Boganey [mailto:cboganey@ci.brooklyn-center.mn.us] Sent: Tuesday, February 19, 2013 4:47 PM To: Stan Leino Cc: Sharon Knutson; Vickie Schleuning; BC City Council Subject: Proposed Charter Hello Stan, In response to the Commission's request for staff comment regarding possible changes to the City Charter; the attached suggestions have been endorsed by the City Council. The Council asked that I communicate their willingness to meet with the Charter Commission upon your request; if you deem a meeting necessary and or appropriate. The proposed language is not intended to be the final or only options to address staff and City Council concerns. We trust that these suggestions will be given due consideration as we believe the Charter will be improved with their adoption. Please let me know if you have any questions at all! Comeaus L. ogavl-ee -CA4 1 City Council Proposed Charter Changes o Chapter 2 Form of Government o Section 2.05a Procedures to fill Council Vacancies by Special Election The Charter requires the Council to hold an election within a time frame of 90- 120 days following the vacancy. Comment: State Law governing elections makes it impossible to hold an election within the 90-120 day time frame. The minimum number of days is about 168 days. We suggest a time frame of perhaps 200 days or general language that relates to State Law, i.e. as soon as practicable consistent with State Statute. Suggested language: The special election shall will be held not later than two hundred (200) days Gooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. Except as provided in this Section and Section 4.03 of the City Charter, all of the provisions of the Minnesota election law are applicable to the election as far as practicable. o Section 2.05b.5 — Council Vacancies — Council Appointment The Charter requires the special election to be held between 105-135 days following the vacancy. Comment: Remove time frame requiring the City Clerk to schedule a special election "not sooner than 105 days and not later than 135 days. This is the same issue as above and we recommend a similar solution. Suggested language: The special election shall will be held not later than two hundred (200) days CC —4 e s and not later than one hundred thirty five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. Except as provided in this Section and Section 4.03 of the City Charter, all of the provisions of the Minnesota election law are applicable to the election as far as practicable. •Chapter 4 Nominations and Elections o Section 4.06 Canvass of Elections The Charter requires the Council to canvas election results within five days after any election. Comment: Remove the 5-day requirement to canvass the election results. The current language is inconsistent with State Law which requires canvassing for a special primary election on the 2 nd or 3 rd day following the election and canvassing special election results between the 3rd and 10 th day after the election. A change would allow the Council to meet on Monday for all special and general elections. Alternative language to consider; "between the third and the 10 th day after any regular, primary or special election" (Brooklyn Park) Suggested language: The Council shall meet and canvass the election returns between the third (3rd) and the tenth (10th) day within five (5) days after any regular, primary or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. •Chapter 5 Initiative and Referendum o 5.06 Actions of Council on Petition The Charter requires the Council to call a special election within 30 to 45 days of final action on a petition. Comment: Current State Law requires a minimum time frame that exceeds 45 days. We Recommend at time frame beginning with no less than 60 days and or language that reference the State Statue instead of a set time frame. Suggested language: Such special election shall be held not later than sixty (60) days less than thirty from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a regular election is to occur within three (3) months, the Council may submit the ordinance at that election. Except as provided in this Section of the City Charter. all of the provisions of the Minnesota election law are applicable to the election as far as practicable. •Chapter 6 Administration of City Affairs The Charter limits the City Manager to selecting a Fire Chief only from existing members of the Fire Department o Section 6.02 Powers and Duties of the City Manager •Subdivision 3.b Comment: " Delete this section from the City Charter. It establishes discriminatory treatment of a single Department Head appointee with no valid basis. Suggested language: The Fire Chief shall be appointed from the members of the Fire Department. set forth in paragraph (a) of this Subdivision. n Subdivision 3.c The language establishes an additional requirement governing the management of fire personnel. Comment: Delete this section from the Charter. It is establishes discriminatory treatment of one class of employees with no valid basis. Suggested language: Annninteriontc nod nromntintis of 111 other mernherc attics Fire Dengrtment chgll by the Fire Chief but shall be made final only upon approval of the City Manager. 1 .0 1 1 1 _C A.1 • A. _1 _11 1 b y •. . • promotions, suspensions and removals of Fire Department members shall be on the basis of merit and fitness and upon the provisions of all applicable ordinances. •Chapter 9 Eminent Domain o Section 9.04 City May Dismiss Proceedings The Charter allows the City to dismiss a proceeding so long as the dismissal is filed prior to the expiration of the time for an appeal or before entry of a judgment. Comment: Current state law and case law is not totally compatible with this Charter language. Consideration should be given to deleting this Charter Section. Suggested language: The City may dismiss all or part of the property being acquired in a condemnation proceeding •'4" t •" been taken. in accordance with State Law. When the proceeding is dismissed, the City shall pay all reasonable costs and expenses incurred by the condemnee including attorney fees. t Sharon Knutson From: Sent: To: Cc: Subject: Sharon, Stan Leino <sleino©prosourcetech.com > Wednesday, February 20, 2013 4:43 PM Curt Boganey Sharon Knutson Thank You! Again, could you please forward a printed version to the Charter Commissioners since some Commissioners do not have e-mail? Thank you! Stan Leino, J.D. I Title Specialist ProSource Technologies, LLC I sleino@prosourcetech.com 763.233.5496 I fax 763.786.1030 Cell 763.234.6137 "A page of history is worth a volume of logic." Justice Holmes From: Curt Boganey [mailto:cboganey(@ci.brooklyn-center.mn.us] Sent: Wednesday, February 20, 2013 2:11 PM To: Sharon Knutson; Stan Leino Cc: Vickie Schleuning; LeFevere, Charlie L. Subject: RE: The Inquiries Continue. Hello Stan, Please see responses below. From: Sharon Knutson Sent: Tuesday, January 29, 2013 2:50 PM To: Curt Boganey Subject: FW: The Inquiries Continue. From: Stan Leino [nnailto:sleino(aprosourcetech.com ] Sent: Tuesday, January 29, 2013 2:33 PM To: Sharon Knutson Subject: The Inquiries Continue. Dear Sharon, I know that City staff and you are busy preparing some responses to our assorted inquiries from the Charter Commission. At the January Meeting, I was presented with several follow-up and further inquiries, some of which Mister Boganey and you have already answered. 1 I shall forward the draft Minutes from the January Meeting so that you can get a broad idea of the questions, but in the interim, here are some further inquiries: Regarding Section 2.05b, the Commission was wondering whether the Charter requires a uniform application for Council vacancies filled by appointment, which was some Commissioners' interpretation. I believe the language means that when a vacancy occurs under section 2.05 a uniform application approved by the City Council shall be provided to those seeking to be appointed. In Section 5.01, the language "passed by the Council" before sending an ordinance to the voters was unclear. Some Commissioners wondered whether this is a summarization of the review process in Section 5.06. I took the 5.01 language to mean that the Council simply creates the referendum language similar to ballot referenda for Charter Amendments. I believe the language in 5.01 is a summarization and the process outlined in 5.06 regarding a petition for an ordinance shall be followed. Would Mister Jordet have any concerns with changing references in the Charter to "City Treasurer" to "Finance Director" or similar language? I believe that a change from "City Treasurer" to Finance Director is unnecessary and potentially counterproductive. The Treasurer is a qualified person designated by the City Manager to carry out specific financial duties outlined in the Charter. That person could be the Finance Director. Director of Fiscal Services, Chief Financial Officer, Assistant City Manager for Financial Operations, the Budget Director, Assistant Finance Director, etc. Carrying out the duties of Treasurer is only one of many duties and responsibilities of the Finance Director. I would strongly discourage amending the charter to include a new name for the position that would carry out these functions. I would also add that the duties of Treasurer are commonly known and established often referenced in State Law. The same is not true for the position of Finance Director, Budget Chief, Fiscal Director, etc. I am sending a copy of my responses to the City Attorney, should he have a differing opinion regarding any of my responses. Thank you! Stan Leino, J.D. l Title Specialist ProSource Technologies, LLC I sleino@prosourcetech.com 763.233.5496 fax 763.786.1030 Cell 763.234.6137 "Learning to program has no more to do with designing interactive software than learning to touch type has to do with writing poetry." Ted Nelson 2 Sharon Knutson From: Stan Leino <sleino@prosourcetech.com > Sent: Wednesday, February 20, 2013 4:50 PM To: Curt Boganey Cc: Sharon Knutson; Robert Marvin (Robert@RJMarvin.com ); myrnakauth@usfamily.net ; mary_oconnor08@hotmail.com ; renitawhicker@hotmail.com ; Mark Yelich; mgoodell@gmail.com ; ebesfamily@nrisn.com ; hjannifer@comcast.net ; gary-julie- brown@comcast.net ; lieslrohland@comcast.net ; louisdavis@q.com Subject: RE: More Charter Inquiries? Thank you for that information! Sharon, Regarding the 4/5 vote, some Commissioners were interested why a simple majority would not suffice if you have any information in that regard. Regarding Section 7.10, I do not have the Charter with me, but as I recall that language, the Section describes who may sign checks on behalf of the City. We were curious as to whether that dated language needs to be modernized to reflect the vast transition to electronic transactions, such as direct deposit, wire transfers, "e-payments," etc. Thank you! Stan Leino, 3.D. I Title Specialist ProSource Technologies, LLC I sleino(aprosourcetech.com 763.233.5496 I fax 763.786.1030 Cell 763.234.6137 "A page of history is worth a volume of logic." Justice Holmes From: Curt Boganey [mailto:cboganey(Thci.brooklyn-center.mn.us ] Sent: Wednesday, February 20, 2013 2:20 PM To: Sharon Knutson; Stan Leino Cc: Vickie Schleuning; LeFevere, Charlie L. Subject: RE: More Charter Inquiries? Please see responses below. From: Sharon Knutson Sent: Thursday, January 31, 2013 4:08 PM To: Curt Boganey Subject: FW: More Charter Inquiries? Hi Stan, I've forwarded the inquiries to Curt for review and response. Sharon From: Stan Leino rmailto:sleino@prosourcetech.com] Sent: Thursday, January 31, 2013 3:58 PM To: Sharon Knutson Subject: More Charter Inquiries? Dear Sharon, Please don't shoot the messenger! Seriously, I am following up with the inquiries from the Charter Commission for responses from staff: Does the City have a purchasing policy in accordance with Charter Section 6.05? Yes, the City does have a purchasing policy in accordance with Charter Section 6.05. Is the contracting law referenced in Section 6.06 still valid? Yes, I believe that 471.345 is still the Statute governing the letting of contracts by the City. Do we have an history or policy for requiring a 4/5-majority to reduce budget amounts in an existing budget as contemplated in Section 7.08? About three to four years ago the City Council voted unanimously by resolution to reduce budget appropriations. I am unaware of any time that appropriations have been reduced during the fiscal year. My earlier inquiry regarding whether the language of the Charter is sufficient to address electronic financial transactions references Section 7.10. Stan, I am not sure I understand this statement. Please elaborate. Hopefully, this will be the last list of inquiries about the Charter for a time. I have copied the City Attorney on my responses if he has a different opinion I will let you know. Thank you! Stan Leino, J.D. I Title Specialist ProSource Technologies, LLC I sleino©prosourcetech.com 763.233.5496 I fax 763.786.1030 Cell 763.234.6137 "An optimist stays up until midnight to see the new year in. A pessimist stays up to make sure the old year leaves." Bill Vaughan 2 Sharon Knutson From: Curt Boganey Sent: Thursday, February 21, 2013 11:07 AM To: 'Stan Leino' Cc: Sharon Knutson; Robert Marvin (Robert@RJMarvin.com ); myrnakauth@usfamily.net ; mary_oconnor08@hotmail.com ; renitawhicker@hotmail.com ; Mark Yelich; mgoodell@gmail.com ; ebesfamily@msn.com ; hjannifer@comcast.net ; gary-julie- brown@comcast.net ; lieslrohland@comcastnet; louisdavis@q.com Subject: RE: More Charter Inquiries? Hello Stan, Regarding Section 7.10, the Charter states that the Council may by ordinance make further regulations for the safekeeping and the disbursement of funds by the City. We believe this language provides sufficient authority to the Council to allow electronic transactions, wire transfers etc. Regarding the 4/5 vote requirement, I have no information that would illuminate the question as to why a simple majority would not suffice. If I were to speculate it would be that some might fear that a Council might reduce an appropriation in mid- year as a retaliatory act rather than for sound business reasons. For example a majority of the Council gets upset with a particular employee or group of employees, since employees report to the City Manager and not the Council, the Council in theory could reduce the budget appropriation for the department as a means of punishment. I think this is a far-fetched scenario and the Council has other ways to address employee concerns, but the basic concept is that budget reductions can be used exact pain. The 4/5ths vote may exist to protect against this type of misuse of the budget. Please let me know if you have further questions. From: Stan Leino [mailto:sleino(aprosourcetech.com ] Sent: Wednesday, February 20, 2013 4:50 PM To: Curt Boganey Cc: Sharon Knutson; Robert Marvin (Robert@RJMarvin.com ); myrnakauth(ausfamily.net ;mary oconnor08@hotmail.com ; renitawhickerhotmail.com ; Mark Yelich; mgoodell(agmail.com ; ebesfamily(amsn.com ; biannifer(acomcast.net ; qary- iulie-brown©comcast.net ; lieslrohlandcomcast.net ; louisdavis(aq.com Subject: RE: More Charter Inquiries? Thank you for that information! Sharon, Regarding the 4/5 vote, some Commissioners were interested why a simple majority would not suffice if you have any information in that regard. Regarding Section 7.10, I do not have the Charter with me, but as I recall that language, the Section describes who may sign checks on behalf of the City. We were curious as to whether that dated language needs to be modernized to reflect the vast transition to electronic transactions, such as direct deposit, wire transfers, "e-payments," etc. Thank you! Stan Leino, J.D. I Title Specialist ProSource Technologies, LLC I sleino@prosourcetech.com 763.233.5496 I fax 763.786.1030 Cell 763.234.6137 1 "A page of history is worth a volume of logic." Justice Holmes From: Curt Boganey [nnailto:cboganey(aci.brooklyn-center.mn.us ] Sent: Wednesday, February 20, 2013 2:20 PM To: Sharon Knutson; Stan Leino Cc: Vickie Schleuning; LeFevere, Charlie L. Subject: RE: More Charter Inquiries? Please see responses below. From: Sharon Knutson Sent: Thursday, January 31, 2013 4:08 PM To: Curt Boganey Subject: FW: More Charter Inquiries? Hi Stan, I've forwarded the inquiries to Curt for review and response. Sharon From: Stan Leino [mailto:sleino(aprosourcetech.com ] Sent: Thursday, January 31, 2013 3:58 PM To: Sharon Knutson Subject: More Charter Inquiries? Dear Sharon, Please don't shoot the messenger! Seriously, I am following up with the inquiries from the Charter Commission for responses from staff: Does the City have a purchasing policy in accordance with Charter Section 6.05? Yes, the City does have a purchasing policy in accordance with Charter Section 6.05. Is the contracting law referenced in Section 6.06 still valid? Yes, I believe that 471.345 is still the Statute governing the letting of contracts by the City. Do we have an history or policy for requiring a 4/5-majority to reduce budget amounts in an existing budget as contemplated in Section 7.08? About three to four years ago the City Council voted unanimously by resolution to reduce budget appropriations. I am unaware of any time that appropriations have been reduced during the fiscal year. My earlier inquiry regarding whether the language of the Charter is sufficient to address electronic financial transactions references Section 7.10. Stan, I am not sure I understand this statement. Please elaborate. 2 Hopefully, this will be the last list of inquiries about the Charter for a time. I have copied the City Attorney on my responses if he has a different opinion I will let you know. Thank you! Stan Leino, J.D. I Title Specialist ProSource Technologies, LLC I sleino(aprosourcetech.com 763.233.5496 I fax 763.786.1030 Cell 763.234.6137 "An optimist stays up until midnight to see the new year in. A pessimist stays up to make sure the old year leaves." Bill Vaughan 3