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Home My WebLink About2012/03/14 - ADMIN - Agenda Packets - Charter Commission - RegularAGENDA CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA March 14, 2012 7:00 p.m. –City Hall Council Chambers The mission of the Charter Commission is to evaluate and propose changes which are warranted in the city Home Rule Charter as provided by State Statute. Home Rule Charters are, in effect local constitutions passed by local voters and cannot conflict with state laws. Commissioners are appointed by the Chief Judge of Hennepin County District Court and serve on a volunteer basis. (Commissioners are not appointed by City Council.) Staff provides assistance to prepare agendas and performs other administrative duties. 1. Call to Order 2. Roll Call & Attendance a. Requests for Excused Absences b. Commissioner Reappointments c. 2012 Term Expirations 3. Approval of Minutes – December 6, 2011 Charter Commission Meeting 4. Old Business 5. New Business a. Election of Officers b. Proposed Annual Report for District Court – Year 2011 c. Legislative Update – Gary Carlson 6. Future Meetings 7. Communications a. Liaison Update b. Other 8. Adjournment For more information or questions regarding this agenda, please contact Nancy Stroth at 952- 928-2840 or Chair Lynne Carper at 952-928-9846. Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call Administrative Services at 952-924-2505. NAME/TITLE (Appointment Date) ADDRESS/ZIP CONTACT INFO TERM EXPIRES Beckstrand, Jon (JC) (2/6/2008) 4386 Wooddale Ave S 55424 (W) 952-807-0623 (C) 612-810-8495 jbeckstrand@comcast.net jc.beckstrand@aon.com 1/27/2016 Brimeyer, Jim 02/05/10 1306 Westwood Hills Rd 55426 (W) 952-767-0722 brimgroup@aol.com 1/22/2014 Carlson, Gary (10/12/2006) 4018 Quentin Ave S 55416 (H) 952-926-6968 (W) 651-281-1255 (C) 612-791-8783 garyncarlson@comcast.net 10/2/2014 Carper, Irving Lynne - Chair (4/29/2003) 4010 Highwood Rd 55416 (H) 952-928-9846 ICarper1@Fairview.org 12/11/2012 de Lambert, James (1/3/06) 9257 W. 22nd Lane 55426 (C) 612-750-6680 (W) 763-489-3150 jimd@liesch.com 3/14/2013 Dwyer, Terry (2/12/2008) 3810 Ingelwood Ave S 55416 (H) 952-922-8750 dwyer816@yahoo.com 1/27/2016 Fiderlein, Brian - Secretary (3/22/01) 2820 Vernon Ave S. 55416 (H) 952-285-5106 (C) 952-201-5985 bfiderlein@gmail.com 3/12/2013 Flory, Matthew (3/1/2010) 3244 Edgewood Ave S 55426 (H) 952-681-7688 (W) 651-255-8190 (C) 651-335-8926 livinginlenox@gmail.com 3/1/2014 Gothberg, Ken (10/10/2006) 3411 Aquila Lane 55426 (H) 952-933-2935 (W) 612-875-4080 kgothberg@msn.com 6/19/2015 Prosser, Nathan (12/11/2008) 6020 Minnetonka Blvd 55416 (W) 612-339-6900 (C) 952-412-6483 ndprosser@yahoo.com 12/11/2012 Nugteren, Tamara (11/12/2010) 1637 Utah Dr. S 55426 (H) 952-544-4038 tnugteren@earthlink.net 11/12/2014 Skinner, Patrick -Vice Chair (10/9/2006) 3336 Huntington Ave S 55416 (C) 651-895-5041 pataskinner@gmail.com 11/21/2012 Gutmann Strohl, Erica (8/25/2009) 2828 Dakota Ave S 55416 egstrohl@gmail.com 3/1/2014 Solmer, Henry (3/11/2011) 4717 West 28th St 55416 952-848-0340 hsolmer@comcast.net 3/11/2015 VACANT 2016 Stroth, Nancy - Staff Liaison 5005 Minnetonka Blvd 55416 (W) 952-928-2840 (Fax) 952-924-2170 (C) 612-418-8986 nstroth@stlouispark.org Charter Commissioner Roster February 2012 UNOFFICIAL 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 ST. LOUIS PARK CHARTER COMMISSION ANNUAL REPORT Calendar Year Ending December 31, 2011 The St. Louis Park Charter Commission is active and met twice in 2011. In December the Charter Commission reviewed and approved an amendment adding Section 11.05 to Chapter 11 regarding civil penalty provisions; and asked the St. Louis Park City Council to prepare amendments to the City’s Charter. Charter Review The Charter Commission held elections for officers at its annual meeting on March 9, 2011. Commissioner Lynne Carper was elected to the position of Chair, Commissioner Patrick Skinner was re-elected to the position of Vice Chair, and Commissioner Brian Fiderlein was elected to the position of Secretary. Commissioners met again on December 6, 2011 to discuss a proposed amendment to Chapter 11 authorizing the City to implement an administrative penalty program and assess unpaid fines to properties. The Charter Commission approved the amendment to add Section 11.05 Civil Penalties to the City Charter. The public hearing and first reading of the charter amendment is scheduled for Council consideration on February 21, 2012. Commissioner Brittney Turner resigning from her position on August 22, 2011. A new Charter Commissioner, Henry Solmer, was appointed on March 11, 2011. Commissioners reappointed in 2011 were James deLambert and Brian Fiderlein. Respectfully Submitted: Lynne Carper, Chair Nancy Stroth, Staff Liaison 4010 Highwood Rd City of St. Louis Park St. Louis Park MN 55416 5005 Minnetonka Blvd 952-928-9846 St. Louis Park MN 55416 952 928-2840