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HomeMy WebLinkAbout2012 01-19 CHCA CHARTER COMMISSION January 19, 2012 Brooklyn Center, Minnesota City Hall Council /Commission Conference Room AGENDA 1. Call to Order: 6:30 p.m. 2. Roll Call 3. Consideration of the Minutes of November 17, 2011 Meeting a. Commissioners not at that Meeting will be shown as abstaining 4. Old Business a. Introduction of new Commissioners b. Nominations for Executive Committee positions i. Chairman ii. Vice Chairman iii. Secretary iv. Audit Chair V. Public Relations Chair C. Consideration of eminent domain changes 5. New Business a. Any new business? 6. Future Meeting dates 7. Adjournment MINUTES OF November 17, 2011 BROOKLYN CENTER CHARTER COMMISSION MEETING Called to order by Chairman Stan Leino at 6:35 PM Roll Call: Stan Leino, Gary Brown, Ellen Davis, Ed Nelson, Eileen Oslund, Gail Ebert, Mary O'Connor, Marl-, Yelich, and Bee Yang were present. Absent: Harold Middleton, Nathan Lackner, Robert Marvin, Eric Pone, and Renita Whicker Eileen Oslund and Mary O'Connor requested that full names be read for roll call (due to the number of new members). Consideration of Minutes: Motion by Nelson, seconded by Yelich to approve minutes of the September 22, 2011, commission meeting; approved unanimously. Old Business: Introduction of new members: Ellen Davis was introduced to the Charter Commission Report of sub - committee on Eminent Domain language: Motion by Nelson, seconded by O'Connor to review language section by section, passed unanimously. Motion by Ebert, seconded by Yelich to approve changes to Section 9.01 as submitted, passed unanimously. Motion by Nelson, seconded by Ebert to discuss Section 9.03, passed unanimously. Motion by Brown, seconded by Nelson to modify the additional sentence to Section 9.03 to read as follows: "If the award is not paid ^tee according to state statute the court, on motion of the owner of the land, shall vacate the award and dismiss the proceedings against the land." passed unanimously. Motion by Nelson, seconded to discuss Section 9.04, passed unanimously. Motion by Nelson, seconded by Ebert, with a friendly amendment by Davis to approve addition to Section 9.04 as amended: "The city has a 20 60 day flee -feel-, period from the initiation b the he city council of eminent domain to discuss proceedings unless an extension is stipulated and agreed to by all parties." Secretary Brown was directed to prepare a complete Chapter 9 (Eminent Domain) for final review at the next meeting of Charter Commission. Future Meeting Dates: January 19, 2012, to be held at 6:30 PM Meeting Adjourned at 8:45 PM: Submitted for consideration, Gary E. Brown, Secretary 4 CHAPTER 9 EMINENT DOMAIN Section 9.01. 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 any public use or purpose. Easements for slopes, fill, 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 by law. 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 abandoned property, or removal of a public nuisance. (b) The public benefits of economic development, including an increase in tax base, tax revenues, employment, or general economic health, do not by themselves constitute a public use or a public purpose. Section 9.02. PROCEEDINGS IN ACQUIRING PROPERTY. The necessity of the taking of any 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 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 9.03 PAYMENT OF AWARD. The city shall, within seventy days (70) days after the filing of the commissioner's report, or in the 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 the award is not paid the court, on motion of the owner of the land, shall vacate the award and dismiss the proceedings against the land. Section 9.04 CITY MAY DISMISS PROCEEDINGS. The city may dismiss all or part of the property being acquired in a condemnation proceeding 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 thee condemnee including attorney's fees. The city has a 60 day period from the initiation by the city council of eminent domain to discuss proceedings unless an extension is stipulated and agreed to by all parties. Section 9.05. CITY MAY TAKE ENTIRE PLANT If the city condemns a public utility which is operated at the time of the commencement of the condemnation proceedings 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 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 CHAPTER 9 EMINENT DOMAIN Section 9.01. 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 any public use or purpose. Easements for slopes, fill, 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 by law. 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 eg neral 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 abandoned property, or removal of a public nuisance. (b) The public benefits of economic development, including an increase in tax base, tax revenues, employment, or general economic health, do not by themselves constitute a public use or a public purpose. Section 9.02. PROCEEDINGS IN ACQUIRING PROPERTY. The necessity of the taking of any 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 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 9.03 PAYMENT OF AWARD. The city shall, within seventy days (70) days after the filing of the commissioner's report, or in the 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 the award is not paid the court, on motion of the owner of the land, shall vacate the award and dismiss the proceedings against the land. Section 9.04 CITY MAY DISMISS PROCEEDINGS. The city may dismiss all or part of the property being acquired in a condemnation proceeding 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 thee condemnee including attorney's fees. The city has a 60 dU period from t a the initiation by the city council of eminent domain to discuss proceedings unless an extension is stipulated and agreed to by all parties. Section 9.05. CITY MAY TAKE ENTIRE PLANT If the city condemns a public utility which is operated at the time of the commencement of the condemnation proceedings 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 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.