Agenda Packets - 2003/06/23 - Laserfiche WebLink

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Mounds View City Council June 9, 2003 Regular Meeting Page 20 alerted Mr. Anderson. Citations were issued, the matter went to Court and was pled down to a 1 lesser charge so there was not a conviction for cruelty to animals. The issue arises because the 2 individual was not convicted of cruelty to animals so the prosecuting attorney did not include the 3 $2,000 costs from the Humane Society as a request for restitution from the Court. 4 5 City Attorney Riggs indicated there is no clear cut answer as to whether this is a City bill. He 6 then commented that because the matter involves the health, safety and welfare of residents, the 7 City has to be involved and, usually, the costs from the Humane Society are included and sought 8 as restitution from the individual but this time that did not happen. 9 10 City Attorney Riggs further explained that the matter was pled to a housing code violation versus 11 cruelty to animals so that is why the collection of the bill at the Humane Society was overlooked. 12 13 Mayor Linke asked for more information and asked Staff to contact the Humane Society and 14 discuss splitting the bill with them. 15 16 Council Member Stigney asked whether the City could seek payment from the individual. 17 18 City Attorney Riggs indicated the City can attempt to collect the money from the individual as a 19 civil matter but he does not feel that the amount is assessable because there was no nuisance 20 situation that was abated. 21 22 Council Member Marty asked if the prosecuting attorney had any responsibility for the bill. 23 24 City Attorney Riggs indicated that the costs are discretionary costs and the judge may not have 25 made the determination to order restitution. 26 27 There was consent to direct Staff to discuss the matter with the Humane Society and ask that they 28 split the bill with the City. 29 30 Interim City Administrator Ericson reminded Council that Staff would be interviewing firms for 31 legal services Thursday from 9:00 a.m. to 3:00 p.m. and asked that any interested Council 32 Members attend. 33 34 11. APPROVAL OF MINUTES 35 36 A. City Council Minutes May 27, 2003 37 38 MOTION/SECOND: Marty/Gunn. To Approve the City Council Minutes of May 27, 2003, as 39 Presented. 40 41 Ayes – 4 Nays – 0 Motion carried. 42 43 Mayor Linke asked that the agenda be changed to move the minute approval to before the reports 44 section. 45