Proctor Journal

Monday, July 7, 2008

6:00 p.m., Community Center, Council Chambers,

100 Pionk Drive

Mayor Anderson called the meeting to order at 6:00 p.m.

MEMBERS PRESENT:

Counselors Dave Brenna, Troy

Foucoult, Tom Lavato, Mayor

Stephen Anderson

MEMBERS ABSENT:

Councilor Erica Hom

Others in attendance included Mitzi Francisco, Police Records Coordinator; John Bray, City Attorney; Walter Wobig, Police Chief; Jim Rohweder; Jake Benson, Proctor Journal; Diana Colt, Railway Pizzeria; George Eilertson, Northland Securities.

The following motions were approved:

Motion by Lavato, seconded by Foucault and carried: To approve the June 16, 2008 Proctor City Council regular meeting minutes. Councilor Hom absent. M-173-08-401

Motion by Lavato, seconded by Foucault and carried: To approve the amended agenda to include removal of 7.B Resolution approving the official terms of offering for the issuance of $1,020,000 General Obligation Improvement Bonds and addition of 7.D First Reading of Abandoned and Junk Motor Vehicles. Councilor Hom absent. M-174-08-401

Motion by Brenna, seconded by Foucault and carried: To suspend the agenda to take input from the audience. Councilor Hom absent. M-175-08-401

Motion by Foucault, seconded by Brenna and carried: To authorize Mayor and City Administrator or Acting City Administrator to authorize changeovers up to $5,000. Councilor Hom absent. M-176-08-401

Motion by Brenna, seconded by Lavato and carried: To approve consent agenda as listed under 1. Communications; 2. Planning & Zoning Department Matters; 3. Clerk Advises Council and 4. Committee Reports with the exception of 1.C. I&I Surcharge Status and 4.A. Railway Pizzeria’s request for a Hoghead outdoor activity. M-177-08-401

3.A. To approve the Government Fund payroll period ended June 22, 2008 in the amount of $31,425.92; Liquor Fund payroll period ended June 22, 2008 in the amount of $3,923.55.

4.A. To approve the June 11, 2008 and June 30, 2008 Liquor Control Committee meeting minutes.

4.B. To approve the June 19, 2008 Proctor Economic Development Authority meeting minutes.

Motion by Lavato, seconded by Foucault and carried: To eliminate I & I surcharge as the program is fully funded. Councilor Hom absent. M-178-08-401

Motion By Lavato, seconded by Brenna and carried: To accept the June 11th & 30th, 2008 Liquor Control Committee meeting minutes. Councilor Hom absent. M-179-08-401

Motion by Brenna, seconded by Foucault and carried: To not issue that liquor license for 18 months to become available January 1, 2010. Councilor Hom absent. M-180-08-401

Motion by Lavato, seconded by Foucault and carried: To accept Liquor Store Financial Statement as of May 31, 2008. Councilor Hom absent. M-181-08-401

Motion by Foucault, seconded by Brenna and carried: To grant the request from Dick Kari for a Hoghead tent. Councilor Hom absent. M-182-08-401

Motion by Foucault, seconded by Brenna and carried: To accept the 2008 Hoghead Street Dance Application, but based on city code the dance would end at midnight. Councilor Hom absent. M-183-08-401

Motion by Lavato, seconded by Foucault and carried: To approve the list of delinquent garbage with the exception of 518 1st Street. Councilor Hom absent. M-184-08-401

Motion by Brenna, seconded by Foucault and carried: To raise the fee in the Fee Schedule for nonpayment of garbage from $15.00 to $50.00 beginning in 2009. Councilor Hom absent. M-185-08-401

Motion by Foucault, seconded by Brenna and carried: To authorize city staff to purchase wetlands. Councilor Hom absent. M-186-08-401

Motion by Brenna, seconded by Foucault and carried: To authorize city attorney and mayor to engage another party if necessary to acquire easements if not done by contractor. Councilor Hom absent. M-187-08-401

Motion by Brenna, seconded by Lavato and carried: To approve the request of Railway Pizzeria for a Hoghead outdoor activity contingent on payment of the proper fees. Councilor Hom absent. M-188-08-401

Motion by Lavato, seconded by Brenna and carried: To put in a City curb cut off Third Avenue for Ninth Street. Councilor Hom absent. M-189-08-401

Motion by Lavato, seconded by Foucault and carried: To approve the Government Fund bills listing in the amount of $155,610.07 and the Liquor Fund bills listing in the amount of $58,964.85 and the payments per the Schedule of Debt Service . Roll call vote: Councilors Dave Brenna: yes; Foucault: yes; Lavato: yes; Mayor Anderson: yes. Councilor Hom absent. M-190-08-401, 481

Motion by Lavato, seconded by Foucault and carried: To close the meeting to discuss 8. B. Teamster’s negotiation update. Councilor Hom absent. M-191-08-401

Motion by Foucault, seconded by Lavato and carried: To adjourn the meeting at 6:57 p.m. Councilor Hom absent. M-192-08-401

The following First Reading was held:

A First Reading was held on the following ordinance with the Second Reading to be enacted (at which time Council will vote to adopt or not adopt these ordinance changes) at the next regularly scheduled meeting after its publication:

Ordinance No. 08-03

Proposed Amendment to Proctor City Code

‘905 Abandoned and Junk Motor Vehicles

905.01. Declaration of public nuisance

The presence, accumulation, or improper storage of abandoned and junk motor vehicles on real property and the public streets and highways of this city is hereby found to create an unsightly condition tending to reduce the value of real property, to invite plundering, to create fire and safety hazards, and to constitute an attractive nuisance creating a hazard to the health and safety of minors. The accumulation and outside storage of such motor vehicles is further found to promote blight and deterioration in the community and may violate the zoning regulations of the city in many instances. It is further found that such abandoned and junk motor vehicles are often in the nature of rubbish, litter and unsightly debris. Therefore, the accumulation and storage of such motor vehicles on real property, except as hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such, which remedy shall be in addition to any other remedy provided in this or other ordinances of this city or by state law.

905.02. Definitions.

For purposes of this chapter, the following definitions shall be applicable:

Abandoned vehicle: means any motor vehicle unattended in the same position 48hours after being given notice (placard) and/or issued a traffic ticket or citation. Any vehicle left unattended for more than 48 hours on any public street or public ground or left unattended for more than 48 hours on a private property without the consent of the

property owner is deemed abandoned and constitutes a public nuisance. A vehicle shall not be deemed abandoned under this subsection if left unattended on private property completely outside of public view. A vehicle being held for storage by agreement or being held under police authority or pursuant to a writ or court order is not considered abandoned, nor may it be processed as abandoned while the police hold, writ, or court order is in effect.

Enforcement officer: The building official or the building officials designee or any police officer of the city.

Junked motor vehicle: means any motor vehicle is apparently inoperable; is partially dismantled, wrecked or discarded or any motor vehicle which is otherwise not in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates or other defects, has an approximate fair market value equal only to the approximate value of the scrap in it.

Motor vehicle accessories: means any part or parts of any motor vehicle.

Placard: a printed or handwritten poster for giving notice.

See section 905.05 (d). Notice to remove.

Private property: means any real property not owned by the federal government, state, county, city, vocational school district, school district or other political subdivisions.

Public property: means any real property owned by the federal government, state, county, city, vocational school district, school district or other political subdivision.

Removal: means the physical relocation of a motor vehicle from one location to another location.

Street: means any public highway, road or alley and shall mean the entire width between the boundary lines of any public way where any part thereof is open to the public for purposes of vehicular travel.

Unattended: shall mean unmoved from its location with no obvious sign of continuous human use.

Unregistered motor vehicle: means any motor vehicle that is not currently registered with a state motor vehicle division, any motor vehicle on which registration is currently suspended, any motor vehicle which improperly displays license plates, any motor vehicle which displays expired license plates or any motor vehicle which displays false license plates.

Vehicle: shall mean a motorized vehicle within the meaning of Chapter 168 and 168B of the Minnesota Statutes, whether or not such vehicle is registered under Minnesota law.

905.03. Abandoned Vehicle

For purposes of this article, the following irrefutable presumptions shall apply:

(1) A vehicle shall be presumed unattended if it is found in the same position 48 hours after being placarded and/or issued a traffic ticket or citation;

(2) Any vehicle left unattended for more than 48 hours on any public street or public ground or left unattended for more than 48 hours on private property without the consent of the property owner is deemed abandoned and constitutes a public nuisance. A vehicle shall not be deemed abandoned under this subsection if left unattended on private property completely outside of public view;

(3) Any vehicle remaining unclaimed in any impound facility for more than ten days after certified mail notice has been sent to the owners and lien holders of record shall be deemed abandoned.

905.03 (subd. 1) Abandonment of vehicles prohibited.

No person shall leave unattended any vehicle within the city for such time and under such circumstances as to cause the vehicle to reasonably appear to be abandoned.

905.03 (subd. 2) Exception.

This section shall not apply to a vehicle stored in an enclosed building, stored on premises licensed for the storage of impounded and/or junked vehicles or parked in a paid parking lot or space where the required fee has been paid.

905.03 (subd. 3) Enforcement Officers.

This article may be enforced by any or all of the following procedures:

(a) The building official or the building officials designee and any law enforcement officer may issue citations for violation of this section;

(b) An action for collection of a forfeiture may be commenced by issuance of a summons and complaint;

(c) Upon observing an abandoned vehicle, the building official or law enforcement officer shall placard the motor vehicle as abandoned. After the placard has remained on

such abandoned motor vehicle for 48 hours, a directed tow may be ordered.

905.04. Unregistered Vehicles

Unregistered motor vehicles prohibited on streets. No person shall cause any unregistered motor vehicle to be located upon any street

within the city.

905.04 (subd. 1) Enforcement Officer

Any law enforcement who discovers any unregistered motor vehicle located upon any street within the city may cause the motor vehicle to be removed to a suitable place of impoundment or immobilized. Upon removal or immobilization of the motor vehicle, the officer shall notify the chief of police or his designee of the location of the impounded or immobilized motor vehicle and the reason for the impoundment or immobilization.

905.04 (subd. 2) Exemptions.

A person charged with violating section 905.04 of this chapter may not be convicted if she/he produces in court or in the office of the arresting officer satisfactory evidence that, at the time of the issuance of the citation: (a) a complete application for registration of the motor vehicle, under MN Stats. 169.79, when required, accompanied by the required fee had been delivered to the state department of transportation or deposited in the mail properly addressed with postage prepaid; or (b) the motor vehicle was exempt from registration.

905.04 (subd. 3) Responsibility for costs.

The owner of any unregistered motor vehicle is responsible for all costs of towing, storing and disposing of the motor vehicle. Costs not recovered from the sale of the motor vehicle may be recovered in a civil action by the city against the owner.

905.05 Junked Vehicles

905.05 (subd. 1) Purpose.

Findings of fact.

The City Council finds that the storage of non-operating vehicles outside of licensed salvage yards or private garages is a public nuisance. The City Council finds that non-operating vehicles are eyesores, damage property values, create attractive hazards to children and provide shelter for rats and other pests.

905.05 (subd. 2) Storage prohibited.

No person owning or having custody of any junked motor vehicle or of any motor vehicle accessories shall store or allow any such vehicle or accessories to remain on any private or public property within the city, and no person owning or leasing any private property in the city shall store or allow any such vehicles or accessories to remain on his/her property. Junked motor vehicles and motor vehicle accessories which are stored or allowed to remain on private property or public property in violation of this section are hereby declared to be public nuisances and may be abated or removed as provided below.

905.05 (subd. 3) Storage permitted. Section 905.05 (a) shall not apply to any motor vehicle or any motor vehicle accessories which are stored and kept entirely out of the public view in a building enclosed on all sides and roofed. This section shall also not apply to a duly licensed business or commercial enterprise operated and conducted pursuant to law when such parking or storing of vehicles is necessary to the operation of the business or commercial enterprise.

905.05 (subd. 4) Enforcement Officer.

This article may be enforced by any or all of the following procedures:

(a) The building official or the building officials designee and any law enforcement officer may issue citations for violation of this section;

(b) An action for collection of a forfeiture may be commenced by issuance of a summons and complaint;

(c) Upon observing a junked vehicle, the building official or law enforcement officer shall provide notice that the vehicle is junked through the following methods:

905.05 (subd. 5) Notice to remove.

(a) Whenever the enforcement officer ascertains that an abandoned or junked motor vehicle is present on real property within the City, he shall cause a notice (placarded) and order to be placed upon such abandoned or junked vehicle and upon a conspicuous place on the property where said vehicle is located using substantially the following words:

NOTICE AND ORDER TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED MOTOR VEHICLE AND TO THE OWNER OR PERSON(S) IN LAWFUL POSSESSION OR CONTROL OF THIS LAND.

This vehicle (setting forth a brief description), located at (setting forth a brief description of the location) is improperly stored, and its present storage will be in violation of Section 905.05 of the Proctor City Code on (setting forth a date 14 days from the date of this notice and order) unless such vehicle is removed and stored within a building or opaque screened area pursuant to Section905.05 (b).

Failure to remove or store said vehicle is a misdemeanor. In addition, if you fail to remove and store said vehicle as provided herein within 14 days from the date of this notice and order, said vehicle shall be removed and disposed of by the City in accordance with the provisions of Minnesota Statutes, Chapter 168B. Said vehicle shall be removed and disposed of by the City in accordance with the provisions set forth in Minnesota Statutes, Chapter 168B unless a written appeal of this notice and order is filed with the Proctor City Administrator within fourteen (14) days from the date of this notice, in which case, you will be mailed written notice of the date, time and place of a public hearing before the City Board of Adjustment where you will be given the opportunity to be heard and present evidence to support your appeal.

Upon conclusion of the Board of Adjustment Hearing, the Board will prepare and forward a written recommendation to the Proctor City Council which may confirm, revoke, alter or cancel the notice and order of the enforcement official. Dated this: (setting forth of posing of order).

Signed: (setting forth name, title, address and telephone number of enforcement officer).

Dated: __________

(b) The notice set forth in subsection (1) of this Section shall not be less than eight inches by ten inches and shall be sufficiently weatherproofed to withstand normal exposure to the elements;

(c) In addition to the posting, the enforcement officers shall also serve, by first class mail on the day of posting or on the day immediately following, a copy of the written notice to the last registered owner of said vehicle and to the owner or persons in lawful possession of the real property upon which the vehicle is located. The enforcement official shall also prepare an affidavit setting forth the date, time, place and manner of the posting and service and the name and address of the persons so served. The return of such a mailing shall not invalidate the notice unless due to error on the part of the enforcement officer.

905.06. Hearing Procedure.

In the event that a timely appeal is filed with the City Administrator, the City Administrator shall, within four (4) weeks schedule a date for a public hearing before the Board of Adjustment.

The City Administrator shall, by first class mail, serve notice of the date, time, place and subject of the hearing to the appeal applicant at the address provided by the applicant in the appeal application. Said notice shall also be published once in a newspaper of general circulation within the city at least one week prior to the hearing.

Thereafter, the Board of Adjustment shall convene a public hearing as scheduled, at which time the owner or any interested person in subject motor vehicle(s), and any person in lawful possession the subject motor vehicle(s), and/or their counsel or designated representative, shall have the opportunity to present evidence and testimony to support the appeal of the enforcement officials notice and order. The Board of Adjustment may receive evidence and testimony from the enforcement official and any other parties who wish to be heard. Upon receiving the evidence and testimony, the Board of Adjustment shall make a written recommendation to the City Council.

The City Council shall review the recommendations of the Board of Adjustment and may confirm, modify, revoke, alter or cancel the order of the enforcement official. If the City Council determines that removal and proper storage of the subject motor vehicle(s) is required, the Council shall, by resolution, fix a reasonable time within which the motor vehicle(s) must be removed and stored in accordance with in accordance with Section 905.05 (b), shall provide that if the motor vehicle(s) is not so removed and stored within the time specified, the City shall remove and dispose of said vehicle(s) in accordance with Section 905.08 herein. The Council shall thereafter give a copy of the resolution to the enforcement official who shall cause said notice to be posted on the affected motor vehicle(s) and mailed to the last registered owner of said vehicle property and to the owner or persons in lawful possession of the real property upon which said vehicle(s) is located.

905.07. Failure to remove.

Failure by the owner of the motor vehicle or owner or person in lawful possession of the real property upon which the vehicle is located to remove or store the motor vehicle within the time specified in the notice or, if an appeal is timely filed, within the time specified in the City Council resolution, shall constitute a misdemeanor.

905.08. Abatement, removal and disposition.

Abatement and removal by city. If the registered owner of any motor vehicle which is in violation of this Chapter, or if the owner or person in lawful possession or control of the property upon which such vehicle is located, shall fail, neglect or refuse to remove or house such vehicle in accordance with the notice of the enforcement officer or, if the notice was timely appealed, the resolution of the City Council, the motor vehicle shall be deemed abandoned and the enforcement officer may remove, impound and dispose of such vehicle in the manner, and according to the procedure that abandoned and junk vehicles may be removed, impounded and disposed of by the City as set forth in Minnesota Statutes Chapters 168 and 168B.

905.09. Entry for removal or abatement.

Any person, at the direction of the enforcement officer, is hereby expressly authorized to enter upon private property for the purpose of enforcing the provisions of this ordinance. It is unlawful for any person to interfere with or hinder such person so authorized to enter upon private property in the performance of these duties.

905.10. Prohibition on streets, highways, or rights-of-way.

It is unlawful for any person to park or leave an inoperative vehicle in the right-of way of public streets, provided that a reasonable time, not to exceed 24 hours from the time of disability, is permitted for the removal or servicing of a disabled motor vehicle. Thereafter, the City may remove, impound and dispose of such vehicles in accordance with the procedures set forth in Minnesota Statutes, Section 168B.

905.11. Restoration of vehicles.

Notwithstanding provisions of this Chapter to the contrary, one motor vehicle that is being kept for restoration purposes may be stored on each residential parcel of land if:

(1) The motor vehicle is kept under a tarp or is kept behind opaque visual screening; and (2) Substantial and verifiable progress is made toward the restoration of the vehicle beginning within 180 days after it is parked on the lot and continuing thereafter until the restoration is completed.

The foregoing is only a summary of the proceedings of the regular City Council meeting described above.

The complete minutes of such meeting are available in the office of the City Administrator during regular business hours of the City.

/s/ James Schulzetenberg

James Schulzetenberg,

Deputy City Clerk

P.J. July 31, 2008

berg

Deputy City Clerk