Agenda - Council - 03/13/2012 - Special

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"Whoever having control of real property permits it to be used to maintain a public nuisance or lets the same knowing it will be used is guilty of a misdemeanor." (Emphasis added). 10. City Code § 5.01.01 states in particular that in citing Minn. Stat. § 609.745, one of numerous criminal sections of Minnesota statutory law, the City has "adopted by reference and shall be in full and effect in the City as if set out here in full." 11. The City commenced a criminal proceeding in Anoka County District Court, "State of Minnesota vs. Keith Allen Kiefer," file number T6 -05- 25374. 12. In December 2006, the parties to the criminal proceeding reached an agreement, with court approval, to stay the criminal proceedings for 18 months. The order specifically stated the clean up would occur in three month increments as worked out between the parties. Kiefer, in accordance with the court ordered stay and agreement, the parties engaged in efforts to resolve the underlying citation issue, at least for a time in 2007. During the same discussions, the City sought to include other matters, referencing their concerns as further nuisances. Although there is some dispute between the parties as to whom was to contact whom and when, the evidence is sufficient to show the parties were engaged in negotiations and were attempting to negotiate a resolution within the required criminal court order time period of 18 months. 13. From the time of the criminal court order staying the proceeding for 18 months, that period would have ended in or about June of 2008. 14. There is nothing in the criminal court record brought that the parties sought to dissolve the stay until the City of Ramsey's dismissal of the action in November 2007. 15. The City of Ramsey has in its Code a subsection, 5.08 titled "Public Nuisance." 16. Under Ramsey City Code § 5.12.03, it states: The City Council of the City of Ramsey has determined that the health, safety, good order, general welfare, and convenience of the public is 6