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Home My WebLink About06-12-2008 City of CHARTER COMMISSION MEETIN• Mounds 7:00 PM Thursday, Jun 12, 200: View Mounds View City Hall � I Preliminary AGENDA tji Charter Commission Chair 1. Call to Order Jonathan J Thomas 763.784.5205 2. Roll Call Vice Chair Bill Doty Jonathan J Thomas k Bill Doty 763.786.3421 \ Jean Miller Barbara Thomas Michael Haubrich 2"d Vice Chair Jean Miller 763.786.3959 Approvalagenda of and minutes Secretary Review and approve agenda Barbara Thomas Approval of May 8, 2008 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 45 min, Review Resolution 2008-02, on Administrative Offenses language. 8. New Business 10 min, discuss next months agenda. 9. Adjournment 10. Next Regular Meeting Date - Jul 10, 2008 • 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 �__ with the exception of the r:..., underlined words and is comfortable with the language five under lined 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. Ordinance 810 Report June 23, 2008 Page 2 Respectfully submitted, V G.w(Ld E1,2uA 1 Jim Ericson Clerk-Administrator Attachments: 1. Charter Commission Resolution 2008-02 2. Ordinance 810 City of Resolution No. 2008-02 Mounds View Charter Commission Mounds Preliminary Draft Dated Jun 10, 2008 View Whereas, the Mounds View Charter Commission has reviewed the requests for updates to sections of the Mounds View Charter that are deemed necessary for the City of Mounds Charter View have the authority to certify certain property based Administrative Offenses in a similar manner as special assessments, therefore Commission the Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision Chair 7, recommends the following amendments by the addition of the blue and double underlined Jonathan J Thomas language and by the deletion of the Red and stricken language. The Mounds View Charter 763-784-5205 Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. Vice Chair Bill Doty CHAPTER 8 763-786-3421 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS 2nd Vice Chair Jean Miller Section 8.06 Certification of Administrative Offense Penalties. Authority is granted to the City of 763-786-3959 Mounds View to certify unpaid property-based Administrative Offense penalties by a special assessment to property taxes. Assessment of Administrative Offense penalties shall proceed only in Secretary accordance with an ordinance adopted by the Council that must require at least the following: Barbara Thomas 763-780-6226 The Ci m st .ive notice to . - •ro•e ner listed on h- official tax r- .rds at leas 0 ea srior Michael Haubrich to imposing the assessment. 763.432.3181 • The City must attempt to obtain voluntary payment of the fees and penalties and allow the property owner the opportunity to choose assessment as a method of payment. The City must provide an •.••r .ni • 1-, in. •- • - , - •' • •. 't 'es •ri • , • •-ari • • - r- Council. Administrative Offense penalties and charges must be directly related to the property being assessed according to City Code and as published in the fee schedule. Assessments under this ordinance shall be imposed in the same manner as special assessments as defined in MN Statute and specified in City Code. CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section12.14 Fines 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. The Council shall establish by ordinance a procedure for imposi•g a civil penalty known as an administrative offense as defined in City Code. Section 12.-1-415. This Charter becomes effective January 1, 1980, or thirty days after adoption,whichever comes later. Respectfully submitted, • Jonathan J Thomas, Chair Barbara Thomas, Secretary ORDINANCE NO. 810 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA 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 THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Chapter 8 of the City Charter be amended by the addition of the new Section 8.06 as follows: CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8.06. Certification of Administrative Offense Penalties. Authority is granted to the City of Mounds View to certify unpaid property-based Administrative Offense penalties by certification to property taxes. Collection of Administrative Offense penalties shall proceed only in accordance with an ordinance adopted by the Council that must require at least the following: The City must give notice to the property owner listed on the official tax records at least 30 days prior to imposing the certification. The City must attempt to obtain voluntary payment of the fees and penalties and allow the property owner the opportunity to request certification as a method of payment. The City must provide an opportunity for a hearing regardin• the method of •a ment before either the City Council or a neutral third *art as s•ecified in Cit Code. Administrative Offense penalties and char•es must be direct) related to therp operty being assessed according to City Code and as published in the fee schedule. Certifications under this ordinance shall be imposed pursuant to MN State Statutes including 366.011, 366.012, 415.01, and 429.101, as amended and as specified in City Code. SECTION 2. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Chapter 12 of the City Charter be amended by the addition of new language in Section 12.14 and the former language in Section 12.14 be renumbered as Section 12.15 as follows: . Ordinance 810 Page 2 of 2 CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12.14. Fines and Civil Penalties. The Council may provide by ordinance that a violation of a City ordinance is either a misdemeanor or a Pett misdemeanor, punishable in accordance with State law. The Council shall establish by ordinance a procedure for imposing a civil penalty known as an administrative offense as defined in City Code. Section 12.15. This Charter becomes effective January 1, 1980, or thirty days after adoption, whichever comes later. SECTION 3. This ordinance shall take effect ninety days after the date of its publication. Read by the Mounds View City Council on this 23rd day of June, 2008. Read and passed by the Mounds View City Council on this 14th day of July, 2008. Publication Date: July 23, 2008 Rob Marty, Mayor ATTEST: Jim Ericson, Clerk-Administrator (SEAL) Draft Working Document June, 2008 Proposed amendments for Charter Sections 8.06 and new Section 12.14 Section 8.06 Certification of Administrative Offense Penalties. Authority is granted to the City of Mounds View to certify unpaid property-based Administrative Offense penalties by certification to property taxes. Collection of Administrative Offense penalties shall proceed only in accordance with an ordinance adopted by the Council that must require at least the following: The City must give notice to the property owner listed on the official tax records at least 30 days prior to imposing the certification. The City must attempt to obtain voluntary payment of the fees and penalties and allow the property owner the opportunity to request certification as a method of payment. The City must provide an opportunity for a hearing before either the City Council or a neutral third party as specified in City Code. Administrative Offense penalties and charges must be directly related to the property being assessed according to City Code and as published in the fee schedule. Certifications under this ordinance shall be imposed pursuant to MN State Statutes at including 366.011, 366.012, 415.01, and 429.101, as amended and as specified in City Code. Section 1 7 1 A Fines and Civil Penalties.n The Council provide a ��. i-t 1 GhIQIIiF.J. I IIG VVUIIVII may by ordinance that G violation of a City ordinance is either a misdemeanor or a petty misdemeanor, punishable in accordance with State law. The Council shall establish by ordinance a procedure for imposing a civil penalty known as an administrative offense as defined in City Code. Item No: 7A 110 Meeting Date: July 14, 2008 Type of Business: CB Administrator Review: City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Clerk-Administrator Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Public Hearing to Consider the Second Reading and Adoption of Ordinance 810, an Ordinance Amending Chapter 8, Section 8.06, and Chapter 12, Section 12.14 & 12.15 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. This Ordinance was presented to the City Council for a first reading at the June 23, 2008, City Council Meeting. 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." The City Council, City Attorney and Jonathan Thomas (Charter Commission Chair) discussed the language and the consensus was to revise the language as shown below: "The City must provide an opportunity for a hearing regarding the certification before either the City Council or a neutral third party as specified in City Code." • Recommendation: Staff recommends the City Council approve the second reading and adopt Ordinance 810, an ordinance amending Chapter 8, Section 8.06, and Chapter 12, Section Ordinance 810 Report • July 14, 2008 Page 2 12.14 and 12.15 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. In addition, an Ordinance Summary will be published in the next edition of the Mounds View/New Brighton Bulletin, which is consistent with the Mounds View City Charter. Respectfully submitted, Jim Ericson Desaree Crane Clerk-Administrator Assistant City Clerk-Administrator Attachments: 1. Charter Commission Resolution 2008-02 2. Ordinance 810 • 3. Ordinance Summary Desaree Crane From: Desaree Crane Sent: Friday, July 11, 2008 7:55 AM To: 'Jonathan J Thomas'; *MVCouncil; Mark Beer; Jim Ericson Cc: Scott Riggs ; Barbaralthomas@hotmail.com Subject: RE: Mounds View Charter Amendment-Chapter 8 and 12 Good Morning everyone. The Charter Amendment that is currently on the City Council agenda for Monday will need to be continued and not voted on. The Mayor just reminded me that he will not at the meeting. We need an unanimous vote for this amendment. We will just open the public hearing for public comment and then continue it to the last meeting in July. Therefore, this Council Meeting will probably be a very, very short meeting. (- : Call me if you have any questions. Thanks (- : Des Original Message From: Jonathan J Thomas [mailto:jthomas@usinternet.com] Sent: Thursday, July 10, 2008 8:35 PM To: Desaree Crane Cc: JThomas ; Scott Riggs ; Barbaralthomas@hotmail.com Subject: Re: Mounds View Charter Amendment - Chapter 8 and 12 Desaree, I am in full agreement with Scott Riggs reply and though I am currently in Arkansas, I plan to be back by the the 14th. > Hi Jonathan. Hope your holiday was great! (- : > The Charter Amendment is currently on the City Council agenda for a > public hearing and second reading on Monday (7/14) . Before Jim Ericson > left on vacation, he stated to me that there was a small language > change. Do you have that change? I wanted to make sure I had that in > the Ordinance. > Thanks (- : Des 1