HomeMy WebLinkAbout2007 11-28 CHCMBROOKLYN CENTER CHARTER COMMISSION
MINUTES OF NOVEMBER 28, 2007
The Brooklyn Center Charter Commission meeting was called to order by Chairman Stan
Leino at 7:00 PM.
Roll Call: Secretary Gary Brown called roll; Gary Brown, Stan Leino, Bruce Lund, Mary
Nierengarten, Eileen Oslund, Richard Phillips, Ed Nelson, Harold Middleton, Richard
Theis, and Gail Ebert were present.
Absent: None.
Approval of Minutes: The draft minutes of the October 24, 2007, meeting were
reviewed. Lund made a motion, seconded by Phillips to approve the minutes as
submitted. Passed unanimously 10- 0.
Old Business
Administrative Fines Charter Commission reviewed the proposed charter amendments by
City staff regarding Fines and Penalties (Chapter 12). The following changes to the proposed
new section 12.13 were offered by commission members:
Motion by Brown, seconded by Middleton, to strike "which may be the city council"
from the second sentence of Subdivision 1, passed unanimously 10 -0.
Motion by Theis, seconded by Middleton, to change "person" to "party" in the same
sentence, passed unanimously 10 -0.
Motion by Lund, seconded by Middleton, to change "may" to "shall" in the third
sentence, passed unanimously 10 -0.
Motion by Theis, seconded by Nelson, to change "non -City employee" to "third party
hearing officer" passed unanimously 10 -0.
Motion by Nelson, seconded by Phillips, to add an introductory statement to
Subdivision 2, "Upon passage of an administrative penalty ordinance," and to strike
out completely the following from sentence one in subdivision 2 "which was the
subject matter, or related to the subject matter, of the penalty or against the property
which was the location of an activity, proposed use, delivery of the City service, or
other circumstances that resulted in the penalty." as well as changing the remaining
"may" and "must' to "shall" and strike the word "an" from the last sentence of
Subdivision 2 passed unanimously 10 -0.
Secretary Brown then read the following as changed by the commission and all
commissioners agreed that these were the changes as voted upon.
Section 12.13. Fines and Penalties.
Subdivision 1. The Council may establish by ordinance a
procedure for imposing an administrative penalty for any violation of the
City Code or a City ordinance. The procedure mus shall provide that any
per-so 'party_ charged with an administrative penalty will receive notice of
a violation and an opportunity to be heard by a neutral party, w-kieh may
b th e ty eounei The procedure may shall authorize the City to use the
services of a non City empleyee third Dartv hearing officer to decide
whether an administrative penalty should be imposed.
Subdivision 2. U'pon 'passage of an administrative 'penalty
ordinance. Tthe City Council ffi&y shall provide by ordinance that unpaid
administrative penalties be collected as a special assessment against
property which was the subjeet lated to the subje mat4ef, o f
taav pena
propos tir e,, deliv of City set=viee, or- rv ther Gi r -e stanees tha4 rresulte
in the pena4y The ordinance must shall provide that the City will first
attempt to obtain voluntary payment of the penalty. The ordinance must
shall also provide that notice and an opportunity to be heard will be given
to the property owner listed on the official tax records before the penalty is
assessed.
Attendance Anthony Mills contacted Chairman Leino to indicate he had received secretary
Brown's letter regarding attendance and that he had moved out of the City of Brooklyn
Center and thus Chair Leino declared the that Commissioner Mills seat be open.
Motion by Brown seconded by Nelson to send Commissioner Richard Theis (on behalf of the
Charter Commission) to the City's annual meeting of commissions and council members,
passed unanimously 10 -0.
Next meeting: January 23, 2008 (Annual Meeting).
Adiournment Brown made a motion and seconded by Middleton, to adjourn the meeting
at 9:14 PM. Motion passed unanimously 9 -0 (Commissioner Nierengarten had to leave
early).
Submitted for consideration,
Gary E. Brown
Secretary
Charter Commission Minutes Page 2 10/24/07