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Home My WebLink About2011/12/06 - ADMIN - Minutes - Charter Commission - RegularOFFICIAL MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA December 6, 2011 7:00 p.m. – City Hall Council Chambers 1. Call to Order Vice Chair Skinner called the meeting to order at 7:05 p.m. 2. Roll Call and Attendance Members Present: JC Beckstrand, Jim Brimeyer, Gary Carlson, Jim de Lambert, Terry Dwyer, Brian Fiderlein, Matthew Flory, Ken Gothberg, Nathan Prosser, Pat Skinner, Erica Gutmann Strohl, and Henry Solmer. Members Absent: Lynne Carper and Tamara Nugteren (excused). Others Present: Nancy Stroth, City Clerk/Charter Commission Liaison, Gary Morrison, Assistant Zoning Administrator, and Tom Scott, City Attorney. 2a. Requests for Excused Absences It was moved by Commissioner de Lambert, seconded by Commissioner Flory, to accept the excused absences of Lynne Carper and Tamara Nugteren. The motion was unanimously approved. 2b. Introduction of New Member and Reappointments Ms. Stroth introduced new Commissioner Henry Solmer appointed March 11, 2011 with term expiration on March 11, 2015 and filling the vacancy of Brittney Turner. Commissioner Solmer then introduced himself. 2c. 2012 Term Expirations Ms. Stroth reviewed terms of commissioners and indicated a new form is being used for all of the City’s Boards and Commissions who are seeking reappointment. She requested that Commissioners Beckstrand and Dwyer, whose terms are up in early 2012, to complete the forms. 3. Approval of Minutes It was moved by Commissioner Gothberg, seconded by Commissioner Beckstrand, to approve the minutes of March 9, 2011, as submitted. The motion passed unanimously. 4. Old Business 4a. Review of 2011 Elected Officers Vice Chair Skinner stated that Lynne Carper currently serves as Chair, he currently serves as Vice Chair, and Brian Fiderlein currently serves as Secretary. 5. New Business 5a. Proposed Civil Penalty Charter Amendment Mr. Morrison explained the proposed Charter amendment to Section 11.05 adding language authorizing the City to implement an administrative penalty program and assess unpaid fines to properties, similar to the City’s special assessment program. He stated the City would also be authorized to add a penalty to cover the City’s administrative and legal costs incurred in the Charter Commission Minutes -2- December 6, 2011 process of assessing the penalties. He indicated the administrative penalty program would create a citation, similar to the County’s citation process that would keep fees collected in-house and help pay for the process, would require less staff time, and increase efficiencies. He noted that the intent of the amendment is not to raise money but is an attempt by the City to recoup all fines. He added the proposed Charter amendment will provide the City with solid legal ground for assessment of unpaid fines. He advised that most of the fines are property-related fines in violation of the City’s zoning ordinance, e.g., vehicles parked illegally, violation of Conditional Use Permit conditions, disrepair of a fence, or failure to shovel sidewalks. Mr. Scott explained there is currently no provision under the statute for a statutory city to assess unpaid fines; however, as a Charter city, the City can add assessment language to its Charter and other cities have done this. Commissioner Gutmann Strohl requested clarification regarding Section (d)(2) of the Civil Penalty Ordinance and how the City will calculate seven days to pay the fine or request a hearing. She felt that seven calendar days did not give a person sufficient time and suggested that this be revised to ten or fourteen days. Commissioner Beckstrand suggested that Section (d)(1) of the proposed Civil Penalty Ordinance be revised to require citations be issued in person or by certified or registered mail rather than first class mail. He also agreed with the suggested revision to Section (d)(2) to increase the number of days to pay a fine or request a hearing. Commissioner Dwyer asked if the term “person” is broad enough to include an entity as it relates to Section 11.05(a) of the proposed Home Rule Charter amendment. Mr. Scott acknowledged that an owner of property charged with a civil penalty could be an entity and agreed that Section 11.05(a) should be revised to state “…for any person or entity charged with a civil penalty...” Vice Chair Skinner questioned whether the third line of Section 11.05(a) of the Charter amendment should state “person charged with a civil penalty to be affirmatively notified of the penalty and to have an opportunity to be heard in response to the charge” to avoid a situation where someone claims they did not know they were served. Mr. Scott advised that the Charter amendment provides there must be adequate notice resulting in an opportunity to be heard. He added that the proposed Ordinance will provide further details. Vice Chair Skinner suggested that the second line of Section 11.05(c) be revised to state “Paragraph (b) of this Section, the assessment may include a late payment penalty or penalties to cover…” It was moved by Commissioner de Lambert, seconded by Commissioner Carlson, to amend Chapter 11 of the City Charter by adding Section 11.05 pertaining to civil penalties and assessment of unpaid fines to read as follows: CHAPTER 11. MISCELLANEOUS PROVISIONS Charter Commission Minutes -3- December 6, 2011 Section 11.05. Civil Penalties. (a) The City Council may establish by ordinance a procedure for imposing a civil penalty for any violation of a city ordinance. The procedure must provide an opportunity for any person or entity charged with a civil penalty to be notified of the penalty and to have an opportunity to be heard in response to the charge. (b) The City Council may provide by ordinance that unpaid civil penalties be collected through a process similar to a special assessment against real property if the violation relates to the maintenance of the property or to an activity, use, or delivery of City service associated with the property. The ordinance must provide that the City should first attempt to obtain voluntary payment of the penalty. The ordinance must also provide that notice and an opportunity to be heard be given to the property owner listed on the official tax records before the penalty is assessed. (c) With respect to unpaid civil penalties assessed against real property pursuant to Paragraph (b) of this Section, the assessment may include a late payment penalty to cover the administrative and legal costs incurred by the City in connection with collecting the unpaid penalties. Commissioner Prosser asked if the term “person” is adequately defined. Commissioner Brimeyer asked if the term “property owner” should be used. Mr. Scott advised that the term “entity” would include property owner. He stated that these terms can be further defined in the ordinance. Commissioner Beckstrand suggested a friendly amendment to revise Section 11.05(c) to state “With respect to unpaid civil penalties assessed against real property pursuant to Paragraph (b) of this Section, the assessment may include late payment penalties to cover the administrative and legal costs incurred by the City in connection with collecting the unpaid penalties.” Commissioner de Lambert agreed to the friendly amendment. Commissioner Carlson seconded the friendly amendment. Hearing no objection, Vice Chair Skinner declared the amendment to Section 11.05(c) adopted. The motion was unanimously approved. 6. Future Meetings Vice Chair Skinner stated that the next Charter Commission meeting is scheduled for Wednesday, March 14, 2012 at 7:00 p.m. 7. Communications 7a. Outstanding Citizen Award Program Ms. Stroth advised that the Outstanding Citizen Award Program is a new program being initiated by the City and information is on the City’s website. She stated that a task force will be appointed Charter Commission Minutes -4- December 6, 2011 by the City Council and asked if any of the Charter Commission members were interested in serving on the task force. She also requested nominations from the Charter Commission for Outstanding Citizen Award nominees. 8. Adjournment The meeting adjourned at 7:47 p.m. Respectfully submitted by: Nancy Stroth, Charter Commission Liaison and Brian Fiderlein, Secretary