HomeMy WebLinkAbout2008 09-03 CHCMMINUTES OF SEPTEMBER 3, 2008
BROOKLYN CENTER
CHARTER COMMISSION MEETING
Called to order by Chairman Stan Leino at 7:00 PM.
Roll Call: Secretary Gary Brown called roll; Gary Brown, Gail Ebert, Stan Leino, Bruce Lund,
Harold Middleton, Ed Nelson, Mary Nierengarten, Eileen Oslund, and Richard Phillips were present.
Also Present: City Attorney Charles LeFevere, City Manager Curt Boganey, and City
Councilmember Mark Yelich
Old Business
Chairman Leino reviewed options the Commission had regarding the proposed charter amendment;
Take no action
Change /amend previous actions by commission
Approve changes as proposed by City Attorney in resolution
Amend resolution proposed by City Attorney
Attorney LeFevere indicated that no public monies could be spent to advocate passage of the proposed
amendment and also read the proposed question that the city council must still approve, which can also
not advocate passage of the amendment. Questions about inclusion of the second subdivision of 12.13
(previously considered by the charter commission) were asked of Attorney LeFevere. Attorney LeFevere
responded by saying that the proposed amendment could be adopted by the commission, but that the
second subdivision would give the city more latitude for assessments not covered by state law. City
Manager Boganey indicated that the issue will be on the city council agenda Monday evening.
Motion by Nelson, seconded by Lund to rescind the action previously taken on July 10, 2008. Passed
unanimously (9 -0).
Motion by Nelson, seconded by Middleton to adopt the attached resolution. This is the resolution
prepared by the city attorney, which removes the word "any" and adds an "s" to the word violation in the
first sentence of Subdivision 1. Passed unanimously (9 -0).
New Business
Next meeting to be held on September 18, 2008, to discuss actions by city council for the charter
amendment, possible education of public regarding proposed charter amendment, position paper to be
prepared by secretary Brown and discussion regarding the Rules of Procedure referring to quorum.
Motion by Phillips, seconded by Nierengarten to adjourn the meeting at 7:55 PM. Passed
unanimously (9 -0),
Submitted for consideration,
Gary E. Brown, Secretary
BROOKLYN CENTER CHARTER COMMISSION
CITY OF BROOKLYN CENTER
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION SUBMITTING PROPOSED CHARTER AMENDMENT:
ADDING NEW SECTION 12.13
WHEREAS, the Brooklyn Center Charter Commission has determined that it is
reasonable, appropriate and in the best interests of the citizens of the City of Brooklyn Center
that the Brooklyn Center Charter be amended as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED, by the Brooklyn Center Charter Commission
that the following amendment is submitted to the Brooklyn Center City council to be placed on
the ballot at the general election in November, 2008, all pursuant to and in accordance with
Minnesota Statutes, Section 410.12, Subd. 1.
1. Add new section 12.13. Fines and Penalties as follows:
Subdivision 1. The Council shall establish by ordinance a procedure for
imposing an administrative penalty for violations of the City Code or a City
ordinance. The procedure shall provide that any party charged with an
administrative penalty will receive notice of a violation and an opportunity to be
heard by a neutral party. The procedure shall authorize the City to use the
services of a third party hearing officer to decide whether an administrative
penalty should be imposed.
Subdivision 2. Upon passage of an administrative penalty ordinance, the
City Council shall provide by ordinance that unpaid administrative penalties be
collected as a special assessment against property. The ordinance shall provide
that the City will first attempt to obtain voluntary payment of the penalty. The
ordinance shall also provide that notice and opportunity to be heard be given to
the property owner listed on the official tax records before the penalty is
assessed.
2. The Secretary is directed to submit this resolution to the City Council. J
Adopted by the Brooklyn Center Charter Commission this 3I J day of Ser
2008.
Stan Leino, Chairman
ATTEST:
Gary E. Irowi, Secretary
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