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FALCON HEIGHTS CITY COUNCIL MINUTES -7- November 10, 2004 City Prosecuting Attorn~ -Minnesota's Domestic Violence Statutes (continued) In response to questions from Council member Talbot about a parent spanking a child in public or a couple arguing in an apartment, Attorney Costello said that what is involved is a question of degree or judgment. Minnesota allows corporal punishment, which is defined as reasonable force, to restrain or correct a child. Malicious punishment goes too far. It is unrestrained, it is not corrective. It goes too far. That is a gross misdemeanor offense. With regard to couples that are arguing: If police are called by the victim or a neighbor, they must investigate. They are obliged to respond, assess and investigate. They don't automatically arrest someone. They have to determine if there was an assault and who committed it. Then they would make an arrest. That is why there is training and supervision for the police to learn how to make those judgments. The Saint Anthony Police Department does a good job with that. APPROVAL OF MINUTES: The Council minutes dated October 26, 2004 were unanimously approved as presented. PUBLIC HEARINGS: None Scheduled CONSENT AGENDA: • Mayor Gehrz said that the General Disbursements amount needs to be adjusted from $96,245.85 to $149,040.85. The City received a check in the amount of $52,795 for State Fire Aid and will be transferring this amount to the Falcon Heights Fire Department's Fire Relief Association. Lamb moved approval of the Consent Agenda, as outlined below. The motion was unanimously approved. 1. General Disbursements through November 5, 2004: $ 149,040.85 Payroll (10/15/04-10/30/04 $ 11,038.29 2. Transfer of funds ($150,000) from the Water Special Revenue Fund (204) to the Public Safety Capital Project Fund (402) to help fund a new fire truck for 2005 MnDOT Maintenance Resolution Administrator Worthington said the City of Fridley has contacted staff regarding a need to communicate the impact on cities of MnDOT's lack of maintenance on state-owned roadways that traverse our communities. Fridley is asking cities to consider a resolution that asks MnDOT to regularly maintain guard rail, sound wall, and other fencing in their rights of way, in addition to regular mowing and maintenance of grass and plantings. In Falcon Heights, MnDOT has responsibility for Snelling Avenue. For many years, MnDOT did not mow the median of Snelling very often; as a result, the city received numerous complaints. Staff did communicate this problem to MnDOT; however, they did not increase the frequency of their maintenance and • as a result, Falcon Heights' public works maintenance began mowing the median and boulevards on Snelling Avenue in 1999. 7