CC MINUTES 04231985 - Laserfiche WebLink

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-n -2- Motion by Councilman Marks and seconded by Councilman Ranallo to approve payment of all verified claims listed for April 23, - 1985 and submitted by the City Manager • during the Council meeting the same date. Motion carried unanimously. Motion by Councilman Enrooth and seconded by Councilman Makowske to approve payment of the March billing of $26,813.15 from the Metropolitan Waste Control Commission. Motion carried unanimously. Motion by Councilman Makowske and seconded by Councilman Marks to approve payment of $6,000 to School District #282 for the City's use of the Park View facilities during January, February, and March, 1985. Motion carried unanimously. Councilman Enrooth told attorneys Hance and O'Meara their detailed report on disposition of prosecutions in the agenda packet, 'had helped him to better under- stand why the law firm was requesting a raise in their monthly contract. Mr. Childs indicated the law firm had been submitting this type of listing for a long time but for reasons of confidentiality the reporthad been given only to the Police Department and not included in the Council agenda packets. He said he would be happy to include it. in future packets if that is the desire of the Council . Councilman Marks asked the attorneys why there were so many instances where DWI fines and sentences had been reduced by the judges.; Mr. Hance reiterated, as stated in • his April 19th letter to Mr. Childs, that he perceived many times the reduction had resulted from the judge's response to the City's position that all DWI cases where blood alcohol readings were more than- .12 should not be plea negotiated down to careless driving charges, where Minneapolis prosecuting attorneys have accustomed the same judges to reductions in charges when readings were lower. than .15. The,.; attorney said. the judges were also more apt to lower fines and don't seem to like to impose court costs where lower blood alcohol readings are involved leaving the City with less reimbursement to cover the costs of jailing the offender. Mr. O'Meara said Ramsey County judges 'do accept the lower readings and some Judges even ask prosecutors to reduce first offense charges. However, Mr. O'Meara told Councilman Enrooth he does perceive the judiciary understands the City is the big loser if fines and court costs are not set- high enough to cover incarceration costs for the City, and the attorney indicated he believed Judge Farrell , who tried the March cases, tries to impose court costs which would allow St. Anthony to recoup its costs. The judges often base the fine and sentences on whether or not the offender is going into a treatment program, and, Mr.. O'Meara told the Council , he knew of no reliable statistics which indicated there were more DW-I repetitions for those undergoing treatment. Mr. Hance added the sentence and fine would most likely be reinstated with a repetition but he agreed that would probably only happen if the offender were picked up ,in' the same county. The general consensus was to support Councilman Makowske's perception-- that public opinion would be with City policy to prosecute DWI cases to the limit. The Hance firm • request for a raise in their contract with the City was acted on later in the meeting. Motion by Councilman Makowske and seconded by. Councilman Marks to approve payment of $1 ,525.05 to Edward J. Hance for City prosecutions and copying charges from March 8 through April 3, 1985.