Agenda Packets - 2005/08/22 - Laserfiche WebLink

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Mounds View City Council July 11, 2005 Regular Meeting Page 9 City Administrator Ulrich referenced the administrative penalties listed noting that the Police 1 Department has been utilizing the administrative penalty process versus using the State Tickets 2 for moving violations. He stated that a number of cities have discontinued this practice due to 3 potential legal issues it could present adding that the Legislature was supposed to address this 4 issue last year and never did. He stated that the City has continued with this process adding that 5 the City should have the discussion as to whether this practice should be dropped from the Police 6 Department. He indicated that this issue would be included as an agenda item for the September 7 work session. 8 9 Mayor Marty asked if this process is now against the law. 10 11 City Attorney Riggs clarified that nothing has actually changed adding that there was supposed to 12 be some legislation addressing this noting that it is being done on a piece mail process. He 13 indicated that the City of Mounds View has been using this process for several years in addition 14 to several other Cities who are still using this process. He noted that several Cities have 15 discontinued using this process adding that this is something that Council should review and 16 decide if this is an appropriate process to continue to use for traffic violations. He stated that the 17 Courts are saying that the process should not be used adding that traffic offenses should run 18 through the Minnesota Court process. He stated that this has not been definitively answered 19 adding that this is something that Council should be aware of and review. 20 21 Mr. Nielsen noted that he was reviewing the comment in Claims and Disbursements adding that 22 he had confused it with another statutory requirement for contracts and clarified that what they 23 are looking to ensure that the language is included within the contract and that the contractors are 24 being paid in a timely fashion. 25 26 City Attorney Riggs explained that the majority of the City’s contracts do include the language. 27 He indicated that some of the outside engineering type situations did not include the language 28 adding that this has been corrected. He explained that technically, statutorily, they are not 29 required to have the language but they are subject to the requirement of filing a form IC134 30 before final payment is paid. He stated that he and the League does recommends including this 31 language into the contract so that it is consistent with what the auditor is saying. He stated that 32 this has been done with the contracts where the City does have control of the drafting process. 33 34 MOTION/SECOND. Gunn/Thomas To Approve Resolution 6577 and waive the reading 35 Approving the 2004 Certified Annual Finance Report. 36 37 Ayes-5 Nays-0 Motion carried. 38 39 B. 7:05 p.m. Public Hearing and Second Reading of Ordinance 760 Authorizing 40 the Sale of Land Comprising The Bridges of Mounds View Golf Course to 41 the Mounds View Economic Development Authority. 42 43 Economic Development Coordinator Backman stated that on June 27, 2005 the Mounds View 44 Economic Development Authority and the City Council considered and adopted the resolutions 45