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City Council Minutes Page 7 <br />November 15, 2021 <br />----------------------------- <br /> <br />Councilmember Beyer stated he would like to hear better reasons on why this is <br />needed. He noted limited speeds of ATVs is a factor as well. <br /> <br />Council consensus was not to move forward with an amendment. <br /> <br />th <br />9.2 Code Enforcement Action: 13690 186 Avenue <br /> <br /> Mr. Carlton presented the staff report. <br /> <br />Kurt Glaser, attorney with Berglund, Baumgartner, Kimball & Glaser, stated <br />th <br />Joe John, owner of 13690 186 Ave, is having issues cleaning up his property and is <br />offering to sign a consent decree if he is allowed an extension until April 2022 to <br />clean up the property. He stated the consent decree would allow the city to enter the <br />property and assist him with the cleanup. Mr. John has some mental health concerns, <br />and does not have a Guardian Ad Litem. Mr. Glaser recommended asking the court <br />for a court order as there are items of value on the property. Mr. John’s social <br />worker feels Mr. John can make decisions for himself and does not need a Guardian <br />Ad Litem; however, the city could be liable for removing items of value from the <br />property if Mr. John stated he did not have full ability to consent because of his <br />mental health. <br /> <br />Mayor Dietz noted the consent decree would not take effect until April 1, 2022, and <br />Mr. John would have until that date to continue cleaning the property. After that <br />point, the city would assist in the cleanup. <br /> <br />Councilmember Christianson asked how the timeline compared to past practice. Mr. <br />Carlton stated the timeline was similar to past practice. He added that a legal process <br />would have a similar timeline of April 2022. If Mr. John signed the consent decree, a <br />resolution would come to the Council at the December 6, 2021, meeting. If he did <br />not sign, the Council would need to have additional discussion. <br /> <br />Mr. Glaser clarified that, if Mr. John is found by the courts to not be competent, <br />based on testimony from his social worker and those he has dealt with from a mental <br />health standpoint, the city needs to start over with a court ordered abatement <br />process. At that point, the city has two choices, to use police power to enter the <br />property or to go through the full court ordered abatement process. The attorney <br />recommended the abatement process. <br /> <br />City Attorney Beck noted that the city could start the court ordered abatement <br />process at any time between now and April 2022. <br /> <br />Mr. Trebesch will continue to monitor the cleanup process. <br /> <br />9.3 Concept Review: Daniel Krueger, PID 75-871-0105 <br /> <br /> Mr. Carlton presented the staff report. <br /> <br />