11-15-2021 Regular CCM - Laserfiche WebLink

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City Council Minutes Page 7 November 15, 2021 Councilmember Beyer stated he would like to hear better reasons on why this is needed. He noted limited speeds of ATVs is a factor as well. Council consensus was not to move forward with an amendment. 9.2 Code Enforcement Action: 13690 186" Avenue Mr. Carlton presented the staff report. Kurt Glaser, attorney with Berglund, Baumgartner, Kimball & Glaser, stated Joe John, owner of 13690186`' Ave, is having issues cleaning up his property and is offering to sign a consent decree if he is allowed an extension until April 2022 to clean up the property. He stated the consent decree would allow the city to enter the property and assist him with the cleanup. Mr. John has some mental health concerns, and does not have a Guardian Ad Litem. Mr. Glaser recommended asking the court for a court order as there are items of value on the property. Mr. John's social worker feels Mr. John can make decisions for himself and does not need a Guardian Ad Litem; however, the city could be liable for removing items of value from the property if Mr. John stated he did not have full ability to consent because of his mental health. Mayor Dietz noted the consent decree would not take effect until April 1, 2022, and Mr. John would have until that date to continue cleaning the property. After that point, the city would assist in the cleanup. Councilmember Christianson asked how the timeline compared to past practice. Mr. Carlton stated the timeline was similar to past practice. He added that a legal process would have a similar timeline of April 2022. If Mr. John signed the consent decree, a resolution would come to the Council at the December 6, 2021, meeting. If he did not sign, the Council would need to have additional discussion. Mr. Glaser clarified that, if Mr. John is found by the courts to not be competent, based on testimony from his social worker and those he has dealt with from a mental health standpoint, the city needs to start over with a court ordered abatement process. At that point, the city has two choices, to use police power to enter the property or to go through the full court ordered abatement process. The attorney recommended the abatement process. City Attorney Beck noted that the city could start the court ordered abatement process at any time between now and April 2022. Mr. Trebesch will continue to monitor the cleanup process. 9.3 Concept Review: Daniel Krueger, PID 75-871-0105 Mr. Carlton presented the staff report. 0VEAE1 er INATURE