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Home My WebLink About01-10-2008 1 404520, Mounds View Charter Commission Minutes `+." • _ Thursday, January 10, 2008 i 7 ,D9 1. Call to Order—The meeting came to order at time 7:07 pm. 2. Roll Call— Present: J. Thomas, J. Miller, M.Haubrich, B.Thomas, B. Doty Excused: Absent : 3. Approval of agenda Motion by B. Doty, second by J. Miller to approve agenda as amended MOTION APPROVED Approval of minutes Motion by B. Doty, second by M. Haubrich to approve minutes of Dec 13, 2007 as amended MOTION APPROVED 4. Citizens comments from the floor None 5. Reports of the Chair Chair updated the Commission on the status of items that have been previously submitted to the Council for action. • 6. Reports of members M. Haubrich is working on a column including Charter Commission activity for local evens to submit to the local paper. B. Doty brought forward the discrepancy of the Charter language for the title of the City Clerk- Administrator. That issue will be added to the list of items for the joint meeting with the Council set for February 4th. Chair will follow up with the City Attorney on the legal definitions of the titles. B. Thomas shared that the Town Hall meeting has been tentatively announced. Acting City Administrator Ericson specified that the date is scheduled for April 19th. 7. Unfinished Business Chair presented the official language of 2007-05a that was amended and submitted to the Council. Motion by B. Doty, second by J. Miller to approve as written. MOTION APPROVED Chair presented draft language for granting authority to certify Administration Offense penalties. It is his belief that changes to Chapter 12 may not be necessary at this time so the draft concentrates on changes to Chapter 8. Further discussion with the Attorney will be necessary to clarify the necessary language. Discussion continued regarding whether language specifying a maximum dollar amount for certifying assessments in a year is necessary as well as other changes to the language in the draft. Acting City Administrator Ericson assisted with • the discussion including possible changes necessary to Code. Mounds View Charter Commission Minutes 411111 Thursday, January 10, 2008 8. New Business Discussion regarding certain fees and penalties being subject to the recently adopted 5% maximum increase allowed by Charter. It was not the intent of the Charter language to inhibit the kind of restructuring the city has proposed. The Chair will investigate possible language adaptation with the attorney to clear up the confusion. Upcoming agendas will continue the Administrative Offense discussion as well as any necessary follow-up after the joint meeting with the Council. 9. Adjournment Meeting adjourned at 8:20 pm. • s�. City of CHARTER COMMISSION MEETING Mounds 7:00 PM Thursday, Jan10, 2008 View Mounds View City Hall Preliminary AGENDA Charter Commission Chair 1. Call to Order Jonathan J Thomas 763.784.5205 2. Roll Call Vice Chair Bill Doty _Jonathan J Thomas _ Bill Doty 763.786.3421 _Jean Miller _ Barbara Thomas Michael Haubrich 2°d Vice Chair Jean Miller 763.786.3959 Approvalagenda of a enda and minutes Secretary Review and approve agenda Barbara Thomas Approval of Dec 13, 2007 Minutes 763.780.6226 Michael Haubrich 4. Citizens comments from the floor 763.432.3181 5. Reports of the Chair 6. Reports of members 7. Unfinished Business 10 min, Review discussion and updates submitted as Res 2007-05a 45 min, Continue work on Administrative Offenses language. 8. New Business 10 min, Review open list of items and priorities to determine future agendas. i 9. Adjournment . 10. Next Regular Meeting Date - February 14, 2008 City of CHARTER COMMISSION MEETING Mounds 7:00 PM Thursday, Jan10, 2008 -44._ • View Mounds View City Hall ' Preliminary AGENDA — Charter Charter Commission _ 44, Chair 1. Call to Order Jonathan J Thomas 763.784.5205 2. Roll Call Vice Chair Bill Doty Jonathan J Thomas Bill Doty 763.786.3421 Jean Miller Barbara Thomas Michael Haubrich _ 2"d Vice Chair Jean Miller 763.786.3959 3. Approval of agenda and minutes Secretary Review and approve agenda Barbara Thomas Approval of Dec 13, 2007 Minutes 763.780.6226 Michael Haubrich 4. Citizens comments from the floor 763.432.3181 5. Reports of the Chair • 6. Reports of members S met 55 6)—' 7. Unfinished Business 10 min, Review discussion and updates submitted as Res 2007-05a 45 min, Continue work on Administrative Offenses language. 8. New Business 10 min, Review open list of items and priorities to determine future agendas. 9. Adjournment 10. Next Regular Meeting Date - February 14, 2008 S Draft Working Document January 10, 2008 Proposed amendments for Charter Sections 8.06 and new Section 12.14 Section 8.06 Assessment of Penalties. Authority is granted to the City of Mounds View to pursue payment of unpaid property-based Administrative Offense penalties by a special assessment to property taxes. Assessment of Administrative Offense penalties shall proceed only in accordance with an ordinance adopted by the Council that must at least require the following: The City must attempt to obtain voluntary payment of the fees and penalties. The City must give notice to the property owner listed on the official tax records at least 30 days prior to imposing the assessment. The City must provide an opportunity for a hearing before a neutral third party in addition to the Council. Administrative Offense penalties and charges must be directly related to the property being assessed. Assessments under this ordinance shall be imposed in the same manner as special assessments pursuant to MN Statute 429.101, as amended. Section 12.14. Fines and Criminal and Civil Penalties. The Council may provide by ordinance that a violation of a City ordinance is either a misdemeanor or a petty misdemeanor, punishable in accordance with State law. In addition, the Council may establish by ordinance a procedure for imposing a civil penalty not exceeding $2,000 for each ordinance violation. This procedure must provide an opportunity for a hearing before a neutral party, which may be the Council, but at the request of the person charged with a violation a neutral party outside the Council and city staff will be arranged. 607.09 607.09 (Rev. 3/02) (1) "NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY: This property, (setting forth brief description) is unlawfully upon property known as (setting forth brief description of location) and in violation of Section 607.07 of the Mounds View Municipal Code, and therefore is declared to constitute a public nuisance and must be removed within seventy two (72) hours from the date of this notice. If this vehicle is not removed from the premises or placed in a lawful garage or storage building on or before (setting forth date and time)it shall be removed by order of the City of Mounds View. Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address and telephone number of enforcement officer)." (Ord. 694, 3-11-02) (2) Such notice shall be not less than eight inches (8")by ten inches (10") and shall be sufficiently weather proof to withstand exposure to the elements. (Ord. 694, 3-11-02) Subd. 5. Abatement: Except for vehicles constituting a public nuisance, which shall follow the procedures set forth in Section 607.07, all violations of this Chapter may be corrected by abatement by the City at the expense of the property owner, occupant, or other responsible party following the procedures listed herein. (Ord. 694,3-11-02) a. If the owner, occupant or other responsible party does not comply with the notice of violation within the time specified therein, the City Council may, after notice to the owner and occupant or other responsible party and an opportunity to be heard, provide for abating the nuisance by the City. (Ord. 694,3-11-02) b. The notice shall be served in the same manner as prescribed in Section 607.09, subdivision 4 and shall be given at least ten (10) days before the date stated in the notice when the Council will consider the matter. (Ord. 694, 3-11-02) c. If the notice of violation was served by posting, at least thirty (30) days shall elapse between the day of posting and the hearing. (Ord. 694,3-11-02) Subd. 6. Summary Abatement: The enforcing officer may provide for abating a public nuisance without following the procedure required in subdivision 5 above when: (Ord. 694,3-11-02) a. There is an immediate threat to the public health or safety. b. There is an immediate threat of serious property damage. c. A public nuisance has been caused by private parties on public property. (Ord. 694, 3- 11-02) City of Mounds View 607.09 607.09(Rev. 3/02) d. If the enforcing officer abates the nuisance pursuant to this Section, the officer must reasonably attempt to notify the owner, occupant, or other responsible party of the action and inform the owner, occupant, or other responsible party of the right to appeal any cost at the next regularly scheduled City Council meeting. (Ord. 694,3-11-02) Subd. 7. Cost Recovery: The owner of property on which a nuisance has been abated by the City, or a person who has caused a public nuisance on property not owned by that person, shall be personally liable to the City for the cost of abatement, including administrative costs. As soon as the work has been completed and the cost determined, the Clerk-Administrator or their designee shall prepare a bill for the cost plus an additional ten percent (10%) and mail it to the owner or other responsible party. Thereupon, the amount shall be immediately due and payable at the office of the Clerk-Administrator. (Ord. 694,3-11-02) a. Record of Abatement Costs: The Clerk-Administrator or Clerk-Administrator's designee shall keep a record of the costs of abatements done under this Section and shall report monthly all work done to the appropriate officer for which assessments are to be made, stating and certifying the description of the land, lots, parcels involved and the amount assessable to each. (Ord. 694, 3-11-02) Subd. 8. Assessment: If the cost, or any portion of it, has not been paid under subdivision 7, within thirty (30) days after the date of the bill, the unpaid cost may be certified against the property to which the cost is attributable. On or before September 1 of each year,the Clerk- Administrator or Clerk-Administrator's designee shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable. Before certification against the property, reasonable notice of the impending certification and an opportunity to be heard by the City Council must be given to the taxpayer of record. Failure of the taxpayer to receive the notice shall not invalidate the certification,however. The City Council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes, Section 429.101, and other pertinent statutes, for certification to the County Auditor for collection the following year along with current taxes or in such annual installments, not exceeding ten (10), as the City Council may determine in each case. (Ord. 694,3-11-02) Subd. 9. Landlord's Liability: (Ord. 694, 3-11-02) a. For the purpose of this subdivision, "owner" is defined to include corporations and partnerships as well as individual owners. b. Violation of the noise control regulations shall be the act of the owner of the residential dwelling unit as well as the persons on the premises who violate said regulations; except, that the owner shall be liable only for those violations occurring after receipt of written notice from the City of violation of the noise control regulations having occurred at the residential dwelling unit. City of Mounds View 429.101 UNPAID SPECIAL CHARGES MAY BE SPECIAL ASSESSMENTS. Subd. 1. Ordinances. (a) In addition to any other method authorized by law or charter, the governing body of any municipality may provide for the collection of unpaid special charges for all or any part of the cost of: (1) snow, ice, or rubbish removal from sidewalks; (2) weed elimination from streets or private property; (3) removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of sections 463.15 to 463.26; (4) installation or repair of water service lines, street sprinkling or other dust treatment of streets; (5) the trimming and care of trees and the removal of unsound trees from any street; (6) the treatment and removal of insect infested or diseased trees on private property, the repair of sidewalks and alleys; (7) the operation of a street lighting system; (8) the operation and maintenance of a fire protection or a pedestrian skyway system; (9) reinspections which find noncompliance after the due date for compliance with an order to correct a municipal housing maintenance code violation; (10) the recovery of any disbursements under section 504B.445, subdivision 4, clause (5), including disbursements for payment of utility bills and other services, even if provided by a third party, necessary to remedy violations as described in section 504B.445, subdivision 4, clause (2); or (11) [Repealed, 2004 c 275 s 5] as a special assessment against the property benefited. (b) The council may by ordinance adopt regulations consistent with this section to make this authority effective, including, at the option of the council, provisions for placing primary responsibility upon the property owner or occupant to do the work personally (except in the case of street sprinkling or other dust treatment, alley repair, tree trimming, care, and removal or the operation of a street lighting system) upon notice before the work is undertaken, and for collection from the property owner or other person served of the charges when due before unpaid charges are made a special assessment. Subd. 2. Procedure for assessment. Any special assessment levied under subdivision 1 shall be payable in a single installment, or by up to ten equal annual installments as the council may provide. With this exception, sections 429.061, 429.071, and 429.081 shall apply to assessments made under this section. Subd. 3. Issuance of obligations. (a) After a contract for any of the work enumerated in subdivision 1 has been let, or the work commenced, the council may issue obligations to defray the expense of any such work financed in whole or in part by special charges and assessments imposed upon benefited property under this section. (b) Section 429.091 shall apply to such obligations with the following modifications: (1) such obligations shall be payable not more than two years from the date of issuance; (2) the amount of such obligations issued at one time in a municipality shall not exceed the cost of such work during the ensuing six months as estimated by the council; (3) a separate improvement fund shall be set up for each of the enumerated services referred to in subdivision 1 and financed under this section. (c) Proceeds of special charges as well as special assessments and taxes shall be credited to such improvement fund. History: 1953 c 398 s 10; 1955 c 811 s 6; 1963 c 771 s 5; 1965 c 323 s 2; 1973 c 337 s 1; 1974 c 340 s 1,2; 1984 c 548 s 7; 1984 c 582 s 7; 1984 c 591 s 6; 1984 c 633 s 5; 1986 c 444; 1 Sp2003 c 21 art 11 s 29; 2004 c 275 s 2