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Mounds View City Council July I1, 2005 <br />Regular Meeting Page 9 <br />City Administrator Ulrich referenced the administrative penalties listed noting that the Police <br />• Department has been utilizing the administrative penalty process versus using the State Tickets <br />for moving violations. He stated that a number of cities have discontinued this practice due to <br />potential legal issues it could present adding that the Legislature was supposed to address this <br />issue last year and never did. He stated that the City has continued with this process adding that <br />the City should have the discussion as to whether this practice should be dropped from the Police <br />Department. He indicated that this issue would be included as an agenda item for the September <br />work session. <br />Mayor Marry asked if this process is now against the law. <br />City Attorney Riggs clarified that nothing has actually changed adding that there was supposed to <br />be some legislation addressing this noting that it is being done on a piece mail process. He <br />indicated that the City of Mounds View has been using this process for several years in addition <br />to several other Cities who are still using this process. He noted that several Cities have <br />discontinued using this process adding that this is something that Council should review and <br />decide if this is an appropriate process to continue to use for traffic violations. He stated that the <br />Courts are saying that the process should not be used adding that traffic offenses should run <br />through the Minnesota Court process. He stated that this has not been definitively answered <br />adding that this is something that Council should be aware of and review. <br />Mr. Nielsen noted that he was reviewing the comment in Claims and Disbursements adding that <br />. he had confused it with another statutory requirement for contracts and clarified that what they <br />are looking to ensure that the language is included within the contract and that the contractors are <br />being paid in a timely fashion. <br />City Attorney Riggs explained that the majority of the City's contracts do include the language. <br />He indicated that some of the outside engineering type situations did not include the language <br />adding that this has been corrected. He explained that technically, statutorily, they are not <br />required to have the language but they are subject to the requirement of filing a form IC134 <br />before final payment is paid. He stated that he and the League does recommends including this <br />language into the contract so that it is consistent with what the auditor is saying. He stated that <br />this has been done with the contracts where the City does have control of the drafting process. <br />MOTION/SECOND. Gunn/Thomas To Approve Resolution 6577 and waive the reading <br />Approving the 2004 Certified Annual Finance Report. <br />Ayes-5 Nays-0 Motion carried. <br />B, 7:05 p.m. Public Hearing and Second Reading of Ordinance 760 Authorizing <br />the Sale of Land Comprising The Bridges of Mounds View Golf Course to <br />the Mounds View Economic Development Authority. <br />Economic Development Coordinator Backman stated that on June 27, 2005 the Mounds View <br />• Economic Development Authority and the City Council considered and adopted the resolutions <br />