Item 07J - Ord 810, Charter Amendments, 8.06 and 12.14

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Item No: 7J Meeting Date: June 23, 2008 Type of Business: CB Administrator Review: City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Clerk -Administrator Item Title/Subject: First Reading and Introduction of Ordinance 810, an Ordinance Amending Chapter 8, Section 8.06, and Chapter 12, Section 12.14 of the City Charter Relating to the Certification of Unpaid Property -Based Administrative Offense Penalties Background: The Charter Commission, at the request of the City, has been discussing possible Charter amendments to address a mechanism by which unpaid administrative offense penalties could be certified to the property taxes in a manner similar to a special assessment. The City Attorney has provided information, has attended a Charter Commission meeting and has been in consultation with the Commission during this process to assist with a satisfactory outcome. On June 12 of this year, the Charter Commission approved Resolution 2008-02, which is attached for your reference. Discussion: Attached is Ordinance 810 which incorporates the language adopted by the Charter Commission in Resolution 2008-02. The City Attorney has reviewed the final resolution and is comfortable with the language with the exception of the five underlined words in Section 8.06 as shown below: "The City must provide an opportunity for a hearing regarding the method of payment before either the City Council or a neutral third party as specified in City Code." Staff has communicated to Chair Thomas our concern with this underlined language and we have invited the Chair and/or commission members to attend this meeting. The City Attorney will be present at the City Council meeting to elaborate further on the underlined passage. Recommendation: Staff recommends the City Council approve the first reading and introduction of Ordinance 810, an ordinance amending Chapter 8, Section 8.06, and Chapter 12, Section 12.14 of the City Charter relating to the certification of unpaid property -based administrative offense penalties. Consistent with state law, the ordinance would go into effect 90 days after unanimously being adopted by the City Council. The public hearing and second reading is scheduled for Monday, July 14, 2008, at 7:05 pm.