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Home My WebLink About2011 11-17 CHCA NOVEMBER 17, 2011 , MEETING OF THE BROOKLYN CENTER CHARTER COMMISSION Brooklyn Center, Minnesota Council/Commission Conference Room City Hall AGENDA 1. Call to Order: 6:30 p.m. 2. Roll Call 3. Consideration of the Minutes of September 22, 2011, Meeting a. Commissioners not at that Meeting will be shown as abstaining 4. Old Business a. Introduction of new Commissioners b. Report of sub-committee on eminent domain language C. Consideration of eminent domain changes 5. New Business a. Any new business? 6. Future Meeting dates a. Appointment of Nominating Committee 7. Adjournment I CHAPTER 9 EMINENT DOMAIN 44a Section 901 POWER To ACQUIRE PROPERTY The City may acquire by purchase, gift, devise or condemnation any property, real or personal, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the City for--apy a�public use or public purpose. Easements for slopes, fills, access, drainage, sewers, building lines, poles, wires, pipes, and conduits for water, gas, heat and power may be acquired by gift, devise, purchase or condemnation in the manner provided bylaw. Subdivision 1 Public use; public purpose. (a) "Public use" or"Public purpose" means, exclusively: (1)the possession, occupation, ownership and enjoyment of the land by the general public, or by public — - agencies; (2) the creation or functioning of a public service corporation; or (3) mitigation of a blighted area, remediation of an environmentally contaminated area, reduction of aban one property, or removal of a public nuisance. (b) The public benefits of economic development, including an increase in tax base, tax revenues, emp oymen , or genera economic hea ono y nemse ves cons i u e a is use or pu is purpose. I i Section 902 PROCEEDINGS IN ACQUIRING PROPERTY The necessity for the taking of any t property by the City shall be determined by the Council and shall be declared by a resolution which shall describe such property clearly and state the use to which it is to be devoted, In acquiring i property by exercising the power of eminent domain the City shall proceed according to the laws of this state,except as otherwise provided in this charter, Section 903 PAYMENT OF AWARD The City shalljwithin seventy 70 days after the filing of the commissioner's reportior in case of an appeal within forty five 45 days after the final judgments or stipulations of settlement thereon, pay any award of damages allowed pursuant to this section and State law whether by the commissioners or upon appeal, if not paid on time the court, on motion of the owner of the land, shall vacate the award and dismiss the procee ings against the Can _ Section 904 CITY MAY DISMISS PROCEEDINGS The City may dismiss all or part of the property being acquired in a condemnation proceedings so long as the dismissal is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken. When the proceeding is dismissed, the City shall pay all reasonable costs and expenses incurred by the condemnee including attorney's fees. The city has a 20 day free-look period from the initiation of eminent domain to dismiss proceedings or the city is obligate to pursue the offer. Section 905 CITY MAY TAKE ENTIRE PLANT If the City condemns a public utility which is operated at the time of the commencement of the condemnation proceeding as one property or one system it shall not be necessary in the condemnation proceedings or any of the proceedings of the Council to describe or treat separately the different kinds of property composing such system but all of the property lands articles franchises franchise values and rights which comprise such system may unless otherwise ordered by the court be treated together as one property and an award for the whole property in one lump sum may be made by the commissioners or other body assessing the damages on condemnation This does not prevent the City when the plant and property are separable into distinct parts from acquiring only such part or parts thereof as may be necessary in the public interest. I 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 Robert Marvin Eileen Oslund Chair 2011 4711 Twin Lake Ave (29) Audit Chair 2011 7118 France Ave N (29) 763-535-5498 6000 Ewing Ave N (29) 763-234-6137 marvin.r@comcast.net 763-537-2858 flyfinn7@msn.com 1/19/11-1/18/15 10/30/01-1/25/14 3/13/97-9/19/15 Harold Middleton Eric Pone Gary Brown 5418 Oliver Ave N (30) 4747 Twin Lake Ave N (29) Secretary 2011 763-549-5594 763-971-0114 7012 Willow Lane N (30) hjannifer@comcast.net ericpone@msn.com 763-560-6338 11/30/98-9/19/15 9/19/11-9/19/15 gary-julie-brown@comcast.net 6/25/04-6/28/12 Edward Nelson Renita Whicker Vice Chair 2011 6331 Beard Ave N #1 (29) Ellen Davis 5236 Great View Ave N (29) 763-560-1078 5301 Russell Ave N #206 (30) 763-536-8963 renitawhicker@hotmail.com 763-560-2308 1/6/05-6/26/12 9/19/11-9/19/15 louisdavis@q.com 9/19/11-9/19/15 Bee Yang 5429 Lyndale Ave N (30) 7224 Major Ave N (29) Gail Ebert 763-561-8038 phone: 1613 Irving Lane N (30) 8/2/10-8/1/14 1/19/11-1/18/15 763-566-6803 10/30/07-10/9/11 Mark Yelich 6018 Beard Ave N (29) Nathan Lackner 763-486-6001 5300 Girard Ave N (30) 1/19/11-1/18/15 763-438-0702 nathanlackner@gmail.com 1/19/11-1/18/15 1 vacancy Updated 10/21/11