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<br />Councilmember Strommen stated given that the legislation did not pass she has a concern on <br />whether the City has legal authority to proceed with this type of program. <br /> <br />Councilmember Dehen asked how many other cities use this type of program. <br /> <br />Police Chief Way listed the cities and indicated he has spoken to staff at a few of the cities <br />regarding how they administer the program. <br /> <br />Mayor Pro Tern Elvig asked how other cities administer the program when there is a legal <br />opinion that suggests they cannot. <br /> <br />Police Chief Way replied some do it for ordinance violations only. The legislation that was <br />introduced lists the violations that fines could be administered for. Cities like Minnetonka <br />include.in their ordinance that the fines could be administered for traffic violations, but they do <br />not use it for these types of offenses. They are using it for abatement things and boating <br />violations; anything the community service officer writes tickets on. White Bear Lake has <br />included in their ordinance that the fines can be administered for traffic violations; they write <br />about 400 tickets per year, but of that only a handful are for traffic, the rest are for boating <br />violations and parking violations. About $10,000 to $12,000 per year of revenue comes in from <br />those 400 tickets. Columbia Heights writes more traffic tickets with their ordinance, but <br />speeding tickets for speeds less than ten miles per hour over the speed limit are very rare. They <br />utilize it for things like stop sign violations and code violations addressed by the community <br />service officer. <br /> <br />Councilmember Olson questioned how this type of program could be administered if it is in <br />violation of State law. <br /> <br />Police Chief Way explained State law does not specifically state that it cannot be done. The <br />legislation that was introduced would specifically give the power to the municipalities for the <br />things listed. In the State Auditor and Attorney General opinion, unless the law grants that <br />power to the municipalities it should not be done. <br /> <br />Interim City Administrator Nelson indicated the legislation that was introduced was to clarify the <br />existing legislation by expressly authorizing municipalities to administer the fines. <br /> <br />Councilmember Dehen stated cities have being doing this, and the legislature tried to give this <br />express authority to the cities. He inquired about the position of the League of Minnesota Cities. <br /> <br />Police Chief Way indicated the League of Minnesota Cities supported the legislation and lobbied <br />for it. The League of Minnesota Cities is not in support of cities administering the fines without <br />the legislation. That is position stated by Anne Finn ofthe League. <br /> <br />Councilmember Jeffrey asked if the League of Minnesota Cities is willing to send the City a <br />letter to that effect. <br /> <br />City Council Work Session / July 17,2007 <br />Page 2 of 12 <br />