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Home My WebLink About2012 02-04 CHCA I CHARTER COMMISSION February 4, 2012 Brooklyn Center, Minnesota City Hall Council /Commission Conference Room AGENDA 1. Call to Order: 10:00 a.m. 2. Roll Call 3. Consideration of the Continuing Resolution Regarding Eminent Domain Changes 4. Old Business a. Nominations for Executive Committee positions i. Vice Chair ii. Secretary 5. Future Meeting dates 6. Adjournment i Date: January 26, 2012 From: Stan J. Leino, Chairman To: Charter Commissioners The Meeting on February 4 will be limited to consideration of the final revision of the Eminent Domain Charter recommendation to the City Council and appointment of a Secretary and /or Vice Chairperson for 2012. Please come prepared to vote on the Charter proposal. If you cannot attend this Meeting, please immediately notify me as soon as possible. Part of the Continuing Resolution approved at our January Meeting was that if we do not have a minimum of 10 Commissioners at the February 4 Meeting, then I am authorized to postpone the Meeting. In other words, if more than 4 people are going to be absent, then we get to enjoy our Saturday. i t 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 a public use or up blic 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 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 the condemnee including attorney's fees. The city has a 60 day period from i i the initiation by the city council of eminent domain to dismiss 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. 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 Eric Pone Chair 2012 4711 Twin Lake Ave (29) Public Relations Chair 2012 7118 France Ave N (29) 763 -535 -5498 4747 Twin Lake Ave N (29) 763 - 234 -6137 marvin.r a,comcast.net 763 - 971 -0114 flyfinn7(c�msn.com 1/19/11- 1/18/15 ericpone(c�msn.com 3/13/97 - 9/19/15 9/19/11- 9/19/15 Harold Middleton Gary Brown 5418 Oliver Ave N (30) Renita Whicker 7012 Willow Lane N (30) 763 -549 -5594 6331 Beard Ave N #1 (29) 763 -560 -6338 hianniferacomcast.net 763 -560 -1078 gary Julie- brownCwcomcast.net 11/30/98- 9/19/15 renitawhicl:er c,hotmail.com 6/25/04- 6/28/12 9/19/11- 9/19/15 Edward Nelson Ellen Davis 5236 Great View Ave N (29) Shanna Woods 5301 Russell Ave N #206 (30) 763 -536 -8963 4502 58th Ave N 9302 (29) 763 -560 -2308 1/6/05- 6/26/12 phone: IOUisdayisL&Q.com 10/31/11- 10/31/15 9/19/11 - 9/19/15 Mary O'Connor 5429 Lyndale Ave N (30) Bee Yang Gail Ebert 763 -561 -8038 7224 Major Ave N (29) 1613 Irving Lane N (30) 8/2/10 - 8/1/14 phone: 763 -566 -6803 1/19/11 - 1/18/15 10/30/07 - 1/3/16 Eileen Oslund Audit Chctir 2012 Mark Yelich Nathan Lackner 6000 Ewing Ave N (29) 6018 Beard Ave N (29) 5300 Girard Ave N (30) 763 -537 -2858 763 - 486 -6001 763 - 438 -0702 10/30/01 - 1/25/14 1/19/11- 1/18/15 nathanlacliier�'gmail.corn 1/19/1.1- 1/18/15 Updated 113112 i