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Home My WebLink About1/8/14 AgendaCITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA January 8, 2014 A. CALL TO ORDER: B. ROLL CALL: LINDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER-TAYLOR ____ STAFF PRESENT: FISCHER ____ C. PRESENTATIONS: 1. Oaths of Office by Council members-elect Harris and Gosline D. APPROVAL OF MINUTES: December 11, 2013 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 1/2/2014: $166,842.42 Payroll through 12/31/2013: $30,413.93 2. Approval of City Licenses 3. Designating Official Depositories for 2014 4. Review Elected Official Out-of-State Travel Policy 5. Review and Adopt Council Standing Rules 6. Council/City Commission Liaison Assignments 7. Appoint Acting Mayor 8. Mileage Reimbursement Rate for 2014 9. 2014 Fee Schedule 10. Appointment of LeKetta Troupe to Parks & Recreation Commission 11. Payment #5 to T.A. Schifsky & Sons, Inc. for the 2013 Pavement Management Project G: POLICY ITEMS: 1. Amend Tobacco Ordinance H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES December 11, 2013 A. CALL TO ORDER: 7:00PM B. ROLL CALL: LINDSTROM _X_ HARRIS _X_ GOSLINE _X_ LONG _X_ MERCER-TAYLOR _X_ STAFF PRESENT: FISCHER _X_ OLSON _X_ JONES _X_ C. PRESENTATIONS: 1. Bulky Waste Project Report Deb Jones introduced Susan Young of Foth Infrastructure & Environment to provide an update on this summer’s bulky waste removal project in the cities of Falcon Heights and Lauderdale. Susan Young of Foth provided the attached presentation and answered questions from the Council. D. APPROVAL OF MINUTES: November 13, 2013 APPROVED *At this time in the meeting the Mayor introduced Marc Culver, new City Engineer to Roseville and Falcon Heights. Marc provided a brief history of himself to Council. E. PUBLIC HEARING: 1. 2014 Budget Presentation Bart Fischer presented the 2014 budget to Council and answered questions. Due to the size of the budget presentation, it will not be attached to the minutes. It is available to view at City Hall or online at www.falconheights.org under the “City Government” tab. Mayor Lindstrom opened the public hearing at 7:57PM. The public hearing was closed at 7:58PM as there was no one present. Resolutions 13-35 and 13-36 Pam Harris Moved, Approval 5-0 F. CONSENT AGENDA: Chuck Long Moved, Approval 5-0 1. General Disbursements through 12/06/2013: $452,440.08 Payroll through 11/30/2013: $31,020.21 2. Approval of City Licenses 3. Appointment of Prosecuting Attorney 4. Appointment of City Attorney 5. Appointment of City Engineer 6. Appointment of City Auditor 7. Designation of Official Newspaper 8. 2014 Cost of Living Adjustments 9. Joint Powers Agreement of Water Commissioners Agreement 10. Joint Powers Agreement with Ramsey County for New Voting System 11. CAD Agreement with Ramsey County 12. Approval of Contract with Element Materials Technology to Complete 2014-2018 CIP Soil Borings 13. Recognition of Adopt-A-Crop Participants 14. Fire Truck Contract 15. Annual TIF Transfer 16. Fire Contract with Lauderdale 17. Annual Budget Amendments 18. Appointment of Amino Mohamed to the Human Rights Commission 19. Appointment of Deborah Alexander to the Planning Commission 20. Appointment of David Murphy to the Planning Commission G: POLICY ITEMS: 1. Amended Rental License Ordinance Chuck Long Moved, Approval 5-0 Bart Fischer presented the staff report to Council and answered questions about the proposed changes. H. INFORMATION/ANNOUNCEMENTS: Council Member Beth Mercer-Taylor Provided an update on the Environment Commission meeting on December 9, 2013. Council Member Chuck Long Provided a brief update on the recent Parks and Recreation Commission meeting on December 9, 2013. Mayor Peter Lindstrom Announced that he had presented at the Metropolitan Council regarding the ongoing sustainability efforts in Falcon Heights. City Administrator Bart Fischer Announced that the next Council Meeting, scheduled for December 25, 2013 would be canceled due to the holiday. I. COMMUNITY FORUM: J. ADJOURNMENT: 8:29PM REQUEST FOR COUNCIL ACTION The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 1/2/2014: $166,842.42 Payroll through 12/31/2013: $30,413.93 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date January 8, 2014 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Approval of City Licenses Description The following individuals have applied for a Mechanical License for 2014. Staff has received the necessary documents for licensure. 1.Genz Ryan Plumbing & Heating 2.Falcon Plumbing, LLC 3.Norblom Plumbing 4.Kline Corporation DBA Practical Systems The following individuals have applied for a Tree Trimming/Treating/Removal License for 2014. Staff has received the necessary documents for licensure. 1.St. Croix Tree Service, Inc. 2.Northern Arborists 3.Hugo’s Tree Care, Inc. 4.Rainbow Tree Company 5.Total Tree Care The following individuals have applied for a Municipal Business License for 2014. Staff has received the necessary documents for licensure. 1.Parents United for Public Schools 2.BM4 Fitness, LLC DBA Snap Fitness Falcon Heights 3.Blomberg Pharmacy 4.Premier Health The following individuals have applied for a Refuse/Recycle License for 2014. Staff has received the necessary documents for licensure. 1.Keith Krupenny & Son Disposal Service, Inc. The following individuals have applied for a Home Occupation License for 2014. Staff has received the necessary documents for licensure. 1.David L. Wasson Graphic Design Meeting Date January 8, 2014 Agenda Item Consent F2 Attachment N/A Submitted By Michelle Tesser, Assistant to the City Administrator Families, Fields and Fair __________________________ The following individuals have applied for a General Construction License for 2014. Staff has received the necessary documents for licensure. 1.Kraus-Anderson Construction Company 2.Ray Anderson & Sons Co., Inc. Budget Impact N/A Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2014 City License Applications. REQUEST FOR COUNCIL ACTION The City That Soars! Item Resolution Designating Official Depositories for 2014 Description All investments are made according to State law and the City’s Investment Policy. The City Administrator and/or Finance Director is authorized to deposit general and other funds therein and make investments and transfers for funds for the City of Falcon Heights. Collateral is furnished by the financial institutions as required by law. Budget Impact Attachment(s) Resolution 14-01 Action(s) Requested Staff recommends that the Council approve the official depositories for 2014. Meeting Date January 8, 2014 Agenda Item Consent F3 Attachment Resolution 13-01 Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ CITY OF FALCON HEIGHTS COUNCIL RESOLUTION January 8, 2014 No. 14-01 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR THE CITY OF FALCON HEIGHTS BE IT HEREBY RESOLVED, by the city council of the City of Falcon Heights that the following financial institutions be designated as depositories for funds of the City of Falcon Heights: US Bank System, LMC 4M Fund (checking account) US Bank National Association RBC Capital Markets, LLC Morgan Stanley, LLC Wells Fargo Advisors, LLC Minnesota Municipal Money Market Fund (4M and 4M Plus Funds) PMA Securities Inc, PMA Financial Network Inc (4M and 4M Plus Investment Pools) Wells Fargo Securities, LLC BE IT FURTHER RESOLVED that the City Administrator and/or Finance Director is authorized to deposit general and other funds therein and make investments and transfers of funds for the City of Falcon Heights. Collateral shall be furnished by the financial institutions as required by law. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor January 8, 2014 LINDSTROM ____ In Favor Attested by: ________________________ GOSLINE Bart Fischer HARRIS ____ Against City Administrator LONG January 8, 2014 MERCER-TAYLOR REQUEST FOR COUNCIL ACTION The City That Soars! Item Review of Elected Official Out-of-State Travel Policy Description In 2005, the Minnesota State Legislature passed a requirement that cities adopt a policy that regulates out-of-state travel by elected officials. The Falcon Heights City Council adopted the attached policy on November 9, 2005. One provision of the statute is that the policy be reviewed annually by the City council. Budget Impact N/A Attachment(s) Elected Official Out-of-State Travel policy Action(s) Requested Staff recommends that the Falcon Heights City Council affirm the attached City of Falcon Heights Elected Official Out-of-State Travel policy adopted November 9, 2005. Meeting Date January 8, 2014 Agenda Item Consent F4 Attachment Elected Official Out-of-State Travel Policy Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Review and Adopt Council Standing Rules Description Each year at the first Council meeting, the City Council reviews the operating procedures it intends to use, and decides if changes are warranted. Staff has no recommendations for changes in the standing rules at this time Budget Impact N/A Attachment(s) City Council Standing Rules Action(s) Requested Adopt standing rules as amended 2/8/2006 for 2014. Meeting Date January 8, 2014 Agenda Item Consent F5 Attachment City Council Standing Rules Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Council/City Commission Liaison Assignments Description Councilmembers are each assigned to serve as a liaison between City Council and various commissions each year. Assignments for 2014 are as follows: •Planning Commission – Pam Harris •Human Rights Commission – Chuck Long •Parks and Recreation Commission – Chuck Long •Environment Commission – Beth Mercer-Taylor •Neighborhood Commission – Peter Lindstrom •Northeast Youth and Family Services – Keith Gosline •Ramsey County League of Local Governments – Beth Mercer-Taylor •U of MN Campus Area Coordinating Committee and Stadium Area Advisory Group – Peter Lindstrom •North Suburban Cable Commission – Rick Talbot Budget Impact N/A Attachment(s) N/A Action(s) Requested I recommend approval of the above assignments. Meeting Date January 8, 2014 Agenda Item Consent F6 Attachment N/A Submitted By Peter Lindstrom, Mayor Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Appointment of Acting Mayor Description Periodically, the Mayor’s absence requires that official duties (such as signing official documents, running City Council meetings, etc.) need to be conducted in a timely manner. Past practice has been to rotate this position among the various City Council Members. The 2013 Acting Mayor was Council Member Keith Gosline. The Mayor still retains the right to name other Council Members as Acting Mayor when planned absences are anticipated, but the formal designation of an Acting Mayor allows for continuity of operations in the case of an emergency or unplanned absence. Budget Impact N/A Attachment(s) N/A Action(s) Requested I recommend that the Falcon Heights City Council approve Council Member Beth Mercer-Taylor as the 2014 Acting Mayor. Meeting Date January 8, 2014 Agenda Item Consent F7 Attachment N/A Submitted By Peter Lindstrom, Mayor Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Mileage reimbursement rate for 2014. Description The business mileage reimbursement rate allowed by the IRS is 56.0 cents per mile effective January 1, 2014. This is a 0.5 cent per mile decrease in the mileage rate allowed by the IRS in 2013. Budget Impact The mileage reimbursement rate is 56.0 cents per mile effective January 1, 2014. Attachment(s) N/A Action(s) Requested Staff recommends allowing the IRS approved reimbursement mileage rate of 56.0 cents per mile when employees use their personal vehicles for city business. Meeting Date January 8, 2014 Agenda Item Consent F8 Attachment N/A Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item 2014 Fee Schedule Description Each year the City Council is required to approve a fee schedule that identifies the various fees charged by the City. Staff reviews these fees each year to ensure that the costs charged cover the City’s expenses and so they are competitive with other cities of comparable size. Staff’s recommendations for 2014 are incorporated into the attached draft fee schedule. Changes are noted in strikethrough and new language indicated by underlining. Budget Impact These fees have been incorporated into the 2014 budget. Attachment(s) Draft 2014 Fee Schedule Resolution 14-02 Action(s) Requested Staff recommends that the Falcon Heights City Council adopt the attached Resolution 14-02 approving the 2014 City of Falcon Heights fee schedule. Meeting Date January 8, 2014 Agenda Item Consent F9 Attachment Draft 2014 Fee Schedule Resolution 13-02 Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ FEE SCHEDULE 20134 December 12, 2012January 8, 2014 A. LICENSES 1. Business Licenses Item Fee Bus Benches (Courtesy) $ 25.00 per bench Filling Stations Less than 15 hours $ 100.00 15-20 hours $ 400.00 20 hours or more $ 500.00 General Business $ 50.00 Pool Halls $ 800.00 Precious Metal Dealer Investigation fee/general $1500.00 Investigation fee/MN only $ 500.00 License fee $2000.00 Restaurants Lunchroom $ 50.00 Less than 15 hours $ 100.00 15-20 hours $ 400.00 20 hours or more $ 500.00 Therapeutic Massage License Investigation fee $ 350.00 License fee $ 100.00 2. Liquor Licenses Item Fee Bottle Club $ 300.00 Liquor, Off-Sale $ 310.00 Liquor, On-Sale $4000.00 Liquor, Special Event $ 25.00 Liquor, Sunday $ 200.00 Malt Beverage, Off-Sale $ 150.00 Malt Beverage, On-Sale $ 500.00 Malt Beverage, On-Sale (with wine license) $ 1.00 Wine License $2000.00 Temporary Liquor License $ 50.00 Background Checks (per license) $500.00 3. Other Licenses Item Fee Amusement machines (per machine) $ 30.00 Cigarette sales $ 250.00 Contractor licenses $ 35.00 Itinerant salespersons & solicitors (for profit only) $ 25.00 (Charitable) Free Pool tables (per table) $ 30.00 Refuse Haulers $100.00 1 Rental License $ 50.00 Re-inspection (due to initial failure) $ 50.00 2 B. PERMITS 1. Building permit fees: Total Valuation 20142 Fee $1.00 - $500.00 $25.00 $501.00 - $2,000.00 $25.00 for first $500, $3.25/each additional $100, to and including $2000 $2,001.00 - $25,000 $73.75 for first $2000, $14.75/each additional $1000, to and including $25,000 $25,001.00 - $50,000 $413.00 for first $25,000, $10.75/each additional $1000, to and including $50,000 $50,001.00 - $100,000.00 $681.75 for first $50,000, $7.50/each additional $1000, to and including $100,000.00 $100,001.00 - $500,000.00 $1,056.75 for first $100,000, $6.00/each additional $1000, to and including $500,000 $500,001.00 - $1,000,000.00 $3,456.75 for first $500,000, $5.00/each additional $1,000, to and including $1,000,000 $1,000,001 and up $5,956.75 for first $1,000,000, $4.00/each additional $1,000 Other Inspections and Fees: 1. Inspections outside of normal business hours $47.00 per hour1 (minimum charge – two hours) 2. Re-inspection fees assessed under provisions of Section 305.8 $47.00 per hour1 3. Inspections for which no fee is specifically indicated $47.00 per hour1 (minimum charge – one-half hour) 4. Additional plan review required by changes, additions or revisions to plans $47.00 per hour1 (minimum charge – one-half hour) 5. For use of outside consultants for plan checking and inspections, or both actual costs2 1 Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. 2 Actual costs include administrative and overhead costs. *Building Permits are subject to the State Surcharge 2. Relocation of structure or building: $150.00 3. Demolition or removal of structure: $1.25/1,000 cubic ft; minimum $50.00 3 4. Mechanical permit fees a. Residential Work Base Fee $30.00 Gas Piping $10.00 $500 valuation or less (repair or installation) $ 6.00 Each additional $500 cost of repair or installation Gas or oil fired furnaces or boilers $25.00 First 100,00 BTU input or less. $ 5.00 Each additional 100,00 input or fraction thereof. Warm air or hot water heating system $30.00 First 100,000 BTU input for construction, installation, alteration, or replacement of each warm air furnace duct work or hot water system per unit. $ 6.00 Each additional 100,000 BTU input or fraction thereof. $20.00 First 100,000 BTU input per unit on unit heaters $ 5.00 Each additional 100,000 BTU input or fraction thereof. Air conditioning $30.00 First 5 tons (60,000 BTU) of air conditioning per unit or of cooling for duct work for air conditioning. $ 6.00 Each ton (12,000 BTU) or fraction thereof over first 5 tons for duct work or air conditioning. Other Items $35.00 Wood burning furnace per unit $35.00 Swimming pool heater per unit $25.00 Air exchanger with duct work per unit $25.00 Gas or oil space heater per unit $25.00 Gas direct vent heater per unit $25.00 Gas fireplace log or heater per unit $25.00 Gas hot water heater for domestic hot water b. Commercial Work Gas piping, refrigeration, chilled water, pneumatic control, ventilation, exhaust, hot water, steam, and warm air heating systems. This fee shall be $50 plus 1-1/4 percent (1.25%) of the total valuation of the work. Value of the work must include the cost of installation, alteration, addition, and repairs, including fans, hoods, HVAC units and heat transfer units, and all labor and materials necessary for installation. In addition, it shall include all material and equipment supplied by other sources when those materials are normally supplied by the contractor. 4 5. Plumbing Permit Fees. $30.00 base fee plus $7.00 per fixture installed 6. Sewer Connection or Repair $50.00 7. Water Connection Meter Size Fee 3/4" $ 62.00 1" $ 115.00 1-1/2" $ 265.00 2" $ 470.00 3" $1,080.00 8. Street Opening Fee $25.00 (plus cost of permit) 9. Fence Permit Fee $40.00 10. Residential Driveway Permit Fee $25.00 $40.00 11. Commercial Driveway Permit Fee Subject to Building Permit Fees 112. Temporary Sign Permit $30.00 123. Permanent Sign Permit $50.00 134. Dumpster Permit $ 20.00 (30 days) $10.00 (14 days) (Dumpster permits can be renewed once) C. PLANNING FEES Item Fee Comprehensive Plan Amendment $550.00 Conditional Use Permit $500.00 Design Review (when required by code) $ 50.00 Lot Split (one lot into two) $ 250.00 Planned Unit Development $ 500.00 Rezoning/Zoning Amendment $ 500.00 Subdivision (>1 new lot) $ 300.00 + $ 100.00/lot created Variance $ 350.00 5 D. FACILITY RENTAL FEES Private use of public facilities is permitted on a space available basis. Reservations and damage deposits are required for private use of the following community facilities. Discounted rates are available for weekly bookings: Park and Facility Rental Fees * For park building rentals there is a $200 damage deposit required that needs to be made in a separate form than the payment. Deposit will be refunded upon return of the key and inspection of the park building. * Key pick up is two days prior to scheduled event and can be picked up at City Hall Monday –Friday 8:00am-4:30pm, (Summer hours: 7:30am- 5:00pm Monday-Thursday, Friday 7:30am-noon Memorial Day- Labor Day) * Keys can be dropped off at the key box located on the city hall building (near the front doors ) or during City Hall office hours. * Park building rental permits will be issued when payment is received. Holding reservations without payment is not accepted. *If you plan on bringing any equipment (i.e. inflatable devices, dunk tanks etc.) into the park you must disclose this to a city employee during the reservation process. The city may require documentation such as: a hold harmless agreement or certificate of insurance naming the city has an additional insured. Venue Amenities included in rental Half Day 9am-3pm 4pm-10pm Full Day 9am-10pm Community Park Building and Upper Picnic Area 2050 Roselawn Ave. (corner of Roselawn and Cleveland) Park Building Full Kitchen (stove, oven, frig/freezer, sink, microwave) Tables and Chairs Inside Bathrooms 2 BBQ Grills 9 Outdoor picnic tables Parking lot (50) and off street parking $100.00 + Tax $200.00 + Tax East Picnic Area (near playground) 2 Picnic Tables Trash receptacles Portable bathroom Parking lot (50) and off street parking $20.00 + Tax $35.00 + Tax Lower Picnic Area (Southwest corner of park) 2 Picnic Tables 1 BBQ Grill Trash receptacles Portable bathroom Parking lot (50) and off street parking $20.00 + Tax $35.00 + Tax Curtiss Field Building and Picnic Shelter 1551 W. Iowa Ave. Park building Inside Bathrooms Playground Basketball hoop and half court 2 picnic tables Portable bathroom Parking lot (10) and off street parking $50.00 + Tax $100.00 + Tax Rentals: Play Kit Play kit variety of balls, frisbees, and other play equipment $15.00 + Tax Set up/Tear Down $25.00 6 City Hall Rental Fees City Hall Capacity Rates (3 hours) Hours must fall within half/full hours Half Day 9am-3pm 4pm-10pm Full Day 8am-10pm Council Chambers Full Room (includes kitchen facility) 150 75- Seated $115.00 $175.00 $250.00 Council Chambers Front Half 75 30 Seated $50.00 $100.00 $150.00 Council Chambers Back Half 75 30 Seated $50.00 $100.00 $150.00 Kitchen Facility 10 6 Seated $25.00 $50.00 $50.00 Conference Room 8 maximum $30.00 $60.00 $100.00 Set Up Fee Excludes governmental entities $25.00 * For city hall rentals there is a $200 damage deposit required that needs to be made in a separate form than the payment. Deposit will be refunded upon return of the key and inspection of the park building. * Key pick up is two days prior to scheduled event and can be picked up at City Hall Monday –Friday 8:00am-4:30pm, (Summer hours: 7:30am- 5:00pm Monday-Thursday, Friday 7:30am-noon Memorial Day- Labor Day) * Keys can be dropped off at the key box located on the city hall building (near the front doors) or during City Hall office hours. * Building rental permits will be issued when payment is received. Holding reservations without payment is not accepted. * City Hall cannot be rented for private social gatherings 7 Field/Court/Rink Rental Fees You may rent Community Park’s soccer field, tennis courts or basketball courts and Curtiss Field’s ice rink (seasonal). Discounted rates are available for weekly bookings. Renters Fee (3 hr. block time) Fee Seasonal 3 hr block time April-October Consecutive times in one week Additional Hours Resident $20+ tax - $10 + tax Non Resident $30+ tax - $10 + tax Youth Organizations ages 2-18 (must be open to serving residents of Falcon Heights) $20+ tax 2-3 times per week $50.00 4-5 times per week $100.00 6-7 times per week $150.00 $10 + tax Adult Organizations $30+ tax 2-3 times per week $75.00 4-5 times per week $125.00 6-7 times per week $175.00 $10 + tax Striping a soccer field $25 case by case basis Fees apply only for games and practices. Tournaments or special events/services are subject to additional fees. Field rental permits will be issued when payment is received. Disclaimer: All short term rentals (1-5 times) entitle the customer to use of the field as is: anything additional will be the customer’s responsibility (i.e. striping the field or providing bases.) Special request of services will be dealt with on a case by case basis and may include extra fees. All requests should be discussed with the Parks and Recreation Department at 651-792-7617. 8 E. FACILITY USE BY PUBLIC SERVICE ORGANIZATIONS 1. Public facilities are available for use on a reservation basis. 2. The following shall be allowed use of public facilities but set up/tear down fees apply: a. Specifically listed local organizations: • League of Women Voters • Senior Citizen Groups (Falconeers, Roseville Area Seniors) • Ramsey County League of Local Governments • League of Minnesota Cities/Association of Metropolitan Municipalities • Watershed management organizations • Scouts, Brownie Troops, 4-H, Campfire • Neighborhood Groups (e.g. Grove Association, Maple Knoll Courtyard Homeowner’s Association) • 55 Alive Mature Driving Class • Cable Commission • Developers when presenting to neighbors • Legislators for informational (non-campaign) meetings, except after the filing date and before the November election of a legislative election year unless requested by a majority of the city council • Northwest Youth and Family Service • Lauderdale and Falcon Heights Lions Club • Roseville Rotary Club • Party Precinct caucuses, legislated district conventions and county conventions under the requirements of MN State Statute 202A.192 • AARP Tax Services • Hobby groups or clubs that meet the following criteria: o Falcon Heights based (A minimum of 25% of on-going members or participants are Falcon Heights residents). o Non-profit o Open membership o Founded on a hobby o Actively reaches out to include people of different ages, especially youth, to encourage intergenerational exchanges of information o Encourages a community service and/or benefit component • Falcon Heights neighborhood or community groups whose activities are open to all and for the sole purpose of developing, fostering and strengthening neighborhood and community well-being. b. Any organization that meets the above guidelines yet uses a facility more than twice a year shall be charged $100 per year. c. The organization or group cannot be a private, business, political, or religious organization. d. Any organization denied free use under this policy as defined in this section may appeal to the city council. 9 F. MISCELLANEOUS FEES. Item Fee Agendas (Council or Planning) 1 $15.00/year City Council Minutes1 $35.00/year Planning Commission Minutes1 $20.00/year Single copies $ .25/page for first 100 pages Assessment search $20.00 Maps $ 6.50 Open burning permit $25.00 (no charge for recreational fires) Returned Check Fee $25.00 1 The charges apply only when hard copies are mailed. These documents can be viewed free of charge on the website or at City Hall. G. FALSE ALARM FEES 1. Fire False Alarms $175.00 for second false alarm and $225.00 for the third and all subsequent false alarms at an address within one calendar year. 2. Security False Alarms $60.00 for second call and $75.00 for the third and each subsequent false alarm at an address within one calendar year. 3. Penalties and Assessment Penalties for late payment and assessment of unpaid fees are the same as stipulated for unpaid utility fees in the city code. H. VEHICLE EMERGENCY RESPONSE The fee for emergency personnel response to accidents is $350.00/vehicle. I. PARKING FEES Item Fee Application fee for residential area permit parking $ 200.00 Annual residential area parking permits First two vehicles $ 15.00/vehicle Third and subsequent vehicles $ 25.00/vehicle Lost permit replacement $ 7.00 Temporary parking permit (up to 3 weeks) $ 3.00/vehicle Temporary parking permit for 5 or more vehicles for a one-time/ one-day event $ 25.00/event Mobile Storage Structure (up to 72 hours) $ 10.00 J. RENTAL HOUSING RE-INSPECTIONS $50.00 for third and subsequent inspections K. SANITARY SEWER The sanitary sewer fee for residential units is $28.75 per quarter plus $.0188311 per cubic foot of water usage during the months of November – January. For apartment units, the rate will be $28.75/unit/quarter plus $.0188311 per cubic foot of water used in November. For residential units, this will serve as the maximum fee for other quarters throughout the year, but the actual amount billed may be lower depending on water usage. For commercial units, the fee is $..0188311 per cubic foot of water usage during each month. 10 L. STORM DRAINAGE The fee for storm drainage is $22.00 per quarter for residential units and $205.32 per acre for commercial and apartment units. M. HYDRANT WATER The fee for hydrant water is 6% surcharge of the water bill. N. RECYCLING The recycling charge is $9.75 per quarter for residential units. O. STREET LIGHTING The street lighting fee is $6.00 per quarter for residential units and $0.02 per lineal foot frontage for commercial properties monthly. P. FEES FOR UNSPECIFIED REQUESTS A private party or public institution (hereinafter applicant) making a request to the City for approval of a project or for public assistance must cover the City's consultants' costs associated with reviewing the request. Prior to having the request considered by the City, the applicant must deposit an escrow fee in an amount that is estimated to cover the City's consultants' costs as determined by the City Administrator. If the City's consultants' costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be required to cover the additional costs. The City shall use the applicant's fees to cover the City's actual consultants' costs in reviewing the request regardless of the City's action on the applicant's request. If the applicant's escrow fees exceed the City's actual consultants' costs for reviewing the request, the remaining escrow fees shall be refunded to the applicant. 11 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION January 8, 2014 No. 14-02 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A RESOLUTION ADOPTING A FEE SCHEDULE THE CITY COUNCIL OF FALCON HEIGHTS RESOLVES: The City of Falcon Heights Fee Schedule attached hereto as Exhibit A and incorporated herein by reference is hereby adopted. This schedule shall be effective upon passage. ADOPTED this 8th day of January 2014, by the City Council of Falcon Heights, Minnesota. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor January 8, 2014 LINDSTROM ____ In Favor GOSLINE Attested by:_________________________ HARRIS ____ Against Bart Fischer LONG Administrator MERCER-TAYLOR January 8, 2014 REQUEST FOR COUNCIL ACTION The City That Soars! Item City Commission Appointment Description I recommend LeKetta Troupe be appointed to the Falcon Heights Parks and Recreation Commission. Budget Impact N/A Attachment(s) LeKetta Troupe’s application. Action(s) Requested Approval of the above appointment. Meeting Date January 8, 2014 Agenda Item Consent F10 Attachment Application Submitted By Mayor Peter Lindstrom Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Approve Payment #5 to T.A. Schifsky & Sons, Inc. for the 2013 Pavement Management Project Description On May 8, 2013, the City Council awarded the 2013 Pavement Management Project (PMP) to T.A. Schifsky & Sons, Inc. Payment #5 is in the amount of $19,788.67 and includes the following work: • Bituminous paving • Driveway restoration • Tree installation This is not a final payment. Engineering Staff is working with the contractor to review all quantities in preparation of a final payment. Budget Impact This project is being funded from the following sources: • Special Assessments • Municipal State Aid (MSA) dollars • Tax increment financing (TIF) • City funds (infrastructure, utility) • Capitol Region Watershed District cost-share Attachment Payment #5 Action(s) Requested Approve Payment #5 to T.A. Schifsky & Sons, Inc. for the 2013 Pavement Management Project. Meeting Date January 8, 2014 Agenda Item Consent F11 Attachment Payment #5 Submitted By Kristine Giga, Civil Engineer Families, Fields and Fair __________________________ Engineering Copy Finance Copy Contractor Copy Payment No. :5 Partial Payment FH 13-07 2013 Falcon Heights Pavement Management Project CONTRACTOR: T.A. Schifsky & Sons, Inc. 2370 Highway 36 E North Saint Paul, MN 55109 651-777-1313 Original Contract Amount$1,033,858.22 Contract Changes$16,324.69 Revised Contract Amount$1,050,182.91 % of Contract Complete 97.7% Value of Work Completed$1,010,495.17 5% Retainage$50,524.76 Previous Payments$940,181.74 Payment Due This Voucher$19,788.67 DATE: City Administrator DATE: City Engineer DATE: Contractor's Representative Funding P-13-07 Streets 4,379.54$ 124-030-002 P-13-07 Sanitary Sewer 0.00$ 124-050-008 P-13-07 Alley 12,533.22$ Non-Participating Storm Sewer 2,875.93$ Total 19,788.67$ CITY OF FALCON HEIGHTS Contract Date: May 8, 2013 CONTRACT VOUCHER CITY OF FALCON HEIGHTSFH-13-072013 PAVEMENT MANAGEMENT PROJECT PAY ESTIMATE #5 FOR WORK COMPLETED THROUGH10/15/2013 ITEM NO.ITEM DESCRIPTIONUNITUNIT PRICE EST. TOTAL QUANTITYEST. TOTAL COST QUANTITY PREVIOUS ESTIMATE AMOUNT PREVIOUS ESTIMATE QUANTITY COMPLETED TO DATE TO DATE TOTAL AMOUNT 2021.501MOBILIZATION (5% MAXIMUM)LS42,000.00$ 1.0042,000.00$ 1.00$42,000.001.00$42,000.00 2101.502CLEARING TREE200.00$ 6.001,200.00$ 5.00$1,000.005.00$1,000.00 2101.502GRUBBING TREE200.00$ 6.001,200.00$ 6.00$1,200.007.00$1,400.00 2104.501REMOVE SEWER PIPE (STORM)LF8.24$ 570.004,696.80$ 563.00$4,639.12563.00$4,639.12 2104.501REMOVE CONCRETE CURB & GUTTERLF2.25$ 2906.006,538.50$ 3,687.92$8,297.823,687.92$8,297.82 2104.505REMOVE CONCRETE SIDEWALKSY3.45$ 310.001,069.50$ 385.14$1,328.73385.14$1,328.73 2104.505REMOVE CONCRETE VALLEY GUTTERSY3.40$ 116.00394.40$ 73.30$249.2273.30$249.22 2104.505REMOVE BITUMINOUS DRWY. PAVEMENTSY2.00$ 117.00234.00$ 188.99$377.98309.53$619.06 2104.505REMOVE CONCRETE DRWY. PAVEMENTSY2.00$ 264.00528.00$ 92.70$185.40107.98$215.96 2104.509REMOVE MANHOLE OR CATCH BASINEACH395.00$ 10.003,950.00$ 17.00$6,715.0017.00$6,715.00 2104.511SAWCUT CONCRETE PAVEMENTLF1.50$ 643.00964.50$ 638.50$957.75638.50$957.75 2104.513SAWCUT BITUMINOUS PAVEMENTLF1.50$ 2506.003,759.00$ 1,918.50$2,877.751,918.50$2,877.75 2104.523SALVAGE MH OR CB CASTINGEACH51.50$ 14.00721.00$ 14.00$721.0014.00$721.00 2104.523SALVAGE MH COVEREACH20.60$ 18.00370.80$ 18.00$370.8018.00$370.80 2104.523PIPE CROSSING EACH721.00$ 1.00721.00$ 1.00$721.001.00$721.00 2104.603SAWCUT AND REMOVE BIT. FOR CURB AND GUTTER REPLACEMENTLF4.12$ 58.00238.96$ 19.00$78.2819.00$78.28 2105.501COMMON EXCAVATION (P)CY12.36$ 257.003,176.52$ 269.00$3,324.84269.00$3,324.84 2105.501COMMON EXCAVATION (BITUMINOUS PAVEMENT RECLAMATION)CY5.10$ 2488.0012,688.80$ 2,354.00$12,005.402,354.00$12,005.40 2105.501SALVAGE AND PLACE RECLAIMED AGGREGATE (CV)CY1.03$ 230.00236.90$ 230.00$236.90492.00$506.76 2105.507SUBGRADE EXCAVATIONCY14.42$ 100.001,442.00$ 135.70$1,956.79135.70$1,956.79 2105.604GEOTEXTILE FABRIC, TYPE 2 NON-WOVENSY3.09$ 3370.0010,413.30$ 3,985.00$12,313.653,985.00$12,313.65 2112.501AGGREGATE GRADING AND COMPACTIONRDST190.55$ 69.0013,147.95$ 66.00$12,576.3066.00$12,576.30 2123.610STREET SWEEPER W/PICK UP BROOMHR105.00$ 90.009,450.00$ 64.50$6,772.5064.50$6,772.50 2211.501AGGREGATE BASE TON11.00$ 273.003,003.00$ 135.50$1,490.50135.50$1,490.50 2231.501BITUMINOUS PATCH MIXTURETON85.00$ 65.005,525.00$ 27.67$2,351.9519.67$1,671.95 2331.603SAW AND SEAL CONTROL JOINT IN BITUMINOUS PAVEMENTLF2.50$ 6050.0015,125.00$ 4,906.00$12,265.004,906.00$12,265.00 2331.604BITUMINOUS PAVEMENT RECLAMATIONSY0.75$ 22632.0016,974.00$ 21,401.00$16,050.7521,401.00$16,050.75 2357.502BITUMINOUS MATERIAL FOR TACK COATGAL2.00$ 2192.004,384.00$ 1,379.86$2,759.721,459.86$2,919.72 2360.501TYPE SPWEB240B WEARING COURSE MIXTON64.00$ 3008.00192,512.00$ 2,388.06$152,835.842,539.52$162,529.28 2360.501TYPE SPWEA240B WEARING COURSE MIX DRWYTON140.00$ 16.002,240.00$ 0.00$0.0016.94$2,371.60 2360.502TYPE SPNWB230B NON-WEARING COURSE MIXTON62.00$ 3008.00186,496.00$ 2,704.58$167,683.962,730.07$169,264.34 2451.607TRENCH EXCAVATIONCY15.45$ 4011.0061,969.95$ 2,394.95$37,001.962,394.95$37,001.96 2502.52115" DUAL WALL HDPE STORM PIPELF25.75$ 256.006,592.00$ 257.00$6,617.75257.00$6,617.75 2502.54115" PERFORATED HDPE STORM PIPELF33.99$ 321.0010,910.79$ 322.00$10,944.78322.00$10,944.78 2502.54124" PERFORATED HDPE STORM PIPELF69.01$ 540.0037,265.40$ 539.00$37,196.39539.00$37,196.39 2503.51112" RCP PIPE SEWERLF31.93$ 127.004,055.11$ 77.00$2,458.6177.00$2,458.61 2503.602SANITARY SEWER SERVICE REPLACEMENTEACH2,420.50$ 2.004,841.00$ 1.00$2,420.501.00$2,420.50 2503.60312" HDPE SEWER PIPELF24.72$ 145.003,584.40$ 179.00$4,424.88179.00$4,424.88 2503.603SANITARY SEWER REPAIRLF224.54$ 10.002,245.40$ 10.00$2,245.4010.00$2,245.40 2504.602ADJUST GATE VALVEEACH242.05$ 15.003,630.75$ 21.00$5,083.0521.00$5,083.05 2506.502CONSTRUCT CB- MH TYPE B W/CASTING, SPECIAL STRUCTUREEACH2,472.00$ 1.002,472.00$ 1.00$2,472.001.00$2,472.00 2506.502CONSTRUCT CATCH BASIN MANHOLE TYPE B W/CASTINGEACH2,873.70$ 17.0048,852.90$ 19.00$54,600.3019.00$54,600.30 2506.502CONSTRUCT CATCH BASIN TYPE B W/CASTINGEACH1,957.00$ 14.0027,398.00$ 12.00$23,484.0012.00$23,484.00 2506.502RECONSTRUCT SANITARY OR STORM SEWER MANHOLE/CATCH BASINLF1,009.40$ 2.002,018.80$ 3.00$3,028.203.00$3,028.20 2506.521F & I MANHOLE COVEREACH195.70$ 19.003,718.30$ 19.00$3,718.3019.00$3,718.30 2506.522ADJUST MANHOLE FRAME & RINGEACH607.70$ 23.0013,977.10$ 16.00$9,723.2019.00$11,546.30 2506.522ADJUST CATCHBASIN FRAME AND RINGEACH185.40$ 12.002,224.80$ 7.00$1,297.809.00$1,668.60 2506.602CONNECT TO EXISTING STRUCTUREEACH1,339.00$ 9.0012,051.00$ 10.00$13,390.0010.00$13,390.00 2506.603EXTRA DEPTH MANHOLELF123.60$ 22.712,806.96$ 0.00$0.0023.67$2,925.61 2013 Falcon Heights PMP Page 1 of 3 CITY OF FALCON HEIGHTSFH-13-072013 PAVEMENT MANAGEMENT PROJECT PAY ESTIMATE #5 FOR WORK COMPLETED THROUGH10/15/2013 ITEM NO.ITEM DESCRIPTIONUNITUNIT PRICE EST. TOTAL QUANTITYEST. TOTAL COST QUANTITY PREVIOUS ESTIMATE AMOUNT PREVIOUS ESTIMATE QUANTITY COMPLETED TO DATE TO DATE TOTAL AMOUNT 2521.6184" CONCRETE SIDEWALKSF4.89$ 5654.0027,648.06$ 7,357.51$35,978.227,357.51$35,978.22 2531.501CONCRETE CURB & GUTTER DESIGN B-618LF10.51$ 515.005,412.65$ 1,236.90$12,999.821,236.90$12,999.82 2531.501CONCRETE CURB & GUTTER DESIGN B-618, RANDOMLF17.20$ 2391.0041,125.20$ 2,424.50$41,701.402,424.50$41,701.40 2531.5076" THICK CONCRETE DRIVEWAY PAVEMENTSY49.75$ 248.0012,338.00$ 91.13$4,533.72105.65$5,256.09 2531.5078" THICK CONCRETE DRIVEWAY PAVEMENTSY60.05$ 16.00960.80$ 0.00$0.000.00$0.00 2531.6046" CONCRETE-VALLEY GUTTERSY52.20$ 265.0013,833.00$ 199.88$10,433.74199.88$10,433.74 2531.618TRUNCATED DOMESSF38.11$ 552.0021,036.72$ 552.00$21,036.72552.00$21,036.72 2541.5051"-3" WASHED ROCKCY31.00$ 1851.0057,381.00$ 2,439.00$75,609.002,442.28$75,710.68 2563.601TRAFFIC CONTROLLS12,900.00$ 1.0012,900.00$ 1.00$12,900.001.00$12,900.00 2565.602PVC LOOP DETECTORS, 6' x 6'EACH772.50$ 12.009,270.00$ 12.00$9,270.0012.00$9,270.00 2573.502SILT FENCE LF1.29$ 730.00941.70$ 0.00$0.000.00$0.00 2573.530STORM DRAIN INLET PROTECTIONEACH82.40$ 40.003,296.00$ 52.00$4,284.8052.00$4,284.80 2573.540FILTER LOG TYPE WOOD FIBER BIOROLLLF2.06$ 320.00659.20$ 0.00$0.000.00$0.00 2575.5022" BB RED MAPLEEACH339.90$ 3.001,019.70$ 0.00$0.003.00$1,019.70 2575.604MINERAL SOD, WITH 6" TOPSOILSY5.15$ 1436.007,395.40$ 2,100.50$10,817.582,100.50$10,817.58 2582.5032.5' X 6' CROSSWALK MARKING WHITE EPOXYSF4.12$ 210.00865.20$ 234.00$964.08234.00$964.08 CRAWFORD ALLEY ALTERNATE A (CONCRETE)2531.5075" THICK CONCRETE PAVEMENTSY32.00$ 680.0021,760.00$ 680.00$21,760.00680.00$21,760.00 SUPPLEMENTAL AGREEMENT 12104.513SAWCUT BITUMINOUS PAVEMENTLF1.50$ -31.00(46.50)$ 0.00$0.000.00$0.00 2105.501COMMON EXCAVATION (BITUMINOUS PAVEMENT RECLAMATION)CY5.10$ -68.00(346.80)$ 0.00$0.000.00$0.00 2105.507SUBGRADE EXCAVATIONCY14.42$ -10.00(144.20)$ 0.00$0.000.00$0.00 2112.501AGGREGATE GRADING AND COMPACTIONRDST190.55$ -3.00(571.65)$ 0.00$0.000.00$0.00 2123.610STREET SWEEPER W/PICK UP BROOMHR105.00$ -5.00(525.00)$ 0.00$0.000.00$0.00 2231.501BITUMINOUS PATCH MIXTURETON85.00$ -3.00(255.00)$ 0.00$0.000.00$0.00 2331.603SAW AND SEAL CONTROL JOINT IN BITUMINOUS PAVEMENTLF2.50$ -270.00(675.00)$ 0.00$0.000.00$0.00 2331.604BITUMINOUS PAVEMENT RECLAMATIONSY0.75$ -624.00(468.00)$ 0.00$0.000.00$0.00 2357.502BITUMINOUS MATERIAL FOR TACK COATGAL2.00$ -62.00(124.00)$ 0.00$0.000.00$0.00 2360.501TYPE SPWEB240B WEARING COURSE MIXTON64.00$ -85.00(5,440.00)$ 0.00$0.000.00$0.00 2360.502TYPE SPNWB230B NON-WEARING COURSE MIXTON62.00$ -85.00(5,270.00)$ 0.00$0.000.00$0.00 2504.602ADJUST GATE VALVEEACH242.05$ -2.00(484.10)$ 0.00$0.000.00$0.00 2573.502SILT FENCE LF1.29$ -50.00(64.50)$ 0.00$0.000.00$0.00 2573.530STORM DRAIN INLET PROTECTIONEACH82.40$ -2.00(164.80)$ 0.00$0.000.00$0.00 2573.540FILTER LOG TYPE WOOD FIBER BIOROLLLF2.06$ -10.00(20.60)$ 0.00$0.000.00$0.00 2503.60312" HDPE SEWER PIPELF24.72$ 314.007,762.08$ 314.00$7,762.08314.00$7,762.08 2506.502CONSTRUCT CATCH BASIN TYPE B W/CASTINGEACH1,957.00$ 2.003,914.00$ 2.00$3,914.002.00$3,914.00 SUPPLEMENTAL AGREEMENT 22506.502REPLACE CB #21 LS1,737.07$ 1.001,737.07$ 1.00$1,737.071.00$1,737.07 2532.501MILL EXISTING SURFACE 2"LS3,630.00$ 1.003,630.00$ 1.00$3,630.001.00$3,630.00 2502.601IRRIGATION REPAIRLS233.46$ 1.00233.46$ 1.00$233.461.00$233.46 2502.601IRRIGATION REPAIRLS987.93$ 1.00987.93$ 1.00$987.931.00$987.93 2506.521FURNISH AND INSTALL CASTING FRAMEEA405.90$ 23.009,335.70$ 23.00$9,335.7023.00$9,335.70 2521.618INSTALL 4" DRAINTILE AROUND EXISTING STREET SIGNS IN SIDEWALKEA32.00$ 8.00256.00$ 8.00$256.008.00$256.00 2532.501MILL BUTT JOINTSLF3.00$ 819.002,457.00$ 819.00$2,457.00819.00$2,457.00 2575.609FURNISH AND INSTALL LANDSCAPE ROCKLS611.60$ 1.00611.60$ 1.00$611.601.00$611.60 2013 Falcon Heights PMP Page 2 of 3 CITY OF FALCON HEIGHTSFH-13-072013 PAVEMENT MANAGEMENT PROJECT PAY ESTIMATE #5 FOR WORK COMPLETED THROUGH10/15/2013 ITEM NO.ITEM DESCRIPTIONUNITUNIT PRICE EST. TOTAL QUANTITYEST. TOTAL COST QUANTITY PREVIOUS ESTIMATE AMOUNT PREVIOUS ESTIMATE QUANTITY COMPLETED TO DATE TO DATE TOTAL AMOUNT TOTAL PROJECT COST 1,050,182.91 $ $989,664.99$1,010,495.17 2013 Falcon Heights PMP Page 3 of 3 REQUEST FOR COUNCIL ACTION The City That Soars! Item Approve Amended Tobacco Ordinance Description At the November and December workshops Council discussed revising the tobacco ordinance to amend definition language from nicotine and lobelia delivery devises to electronic delivery devices. The new electronic delivery device definition is Electronic Delivery Device shall mean any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device shall include any component part of such a product whether or not sold separately. Electronic delivery device shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. This definition change would affect the important areas of the tobacco ordinance in these areas: •Prohibit sampling e-cigarettes within the indoor areas of establishments; •Prohibit the sale of tobacco products without first having obtained a tobacco retailer license; •Prohibit the proximity to youth oriented facilities (1,000 feet); •Prohibit the distance from other retail sales of tobacco products (2,000 feet); and •Prohibit open e-cigarettes displays that are accessible to the public without intervention. •Allow authorized city officials to include annual compliance checks of electronic delivery devices. The council also discussed adding strict language prohibiting the seller of tobacco and electronic delivery devices to be at least 18 years of age or older. These changes have been amended and are attached hereto. Meeting Date January 8, 2014 Agenda Item Policy G1 Attachment Amended Tobacco Ordinance Submitted By Michelle Tesser, Assistant to the City Administrator Families, Fields and Fair __________________________ Budget Impact N/A Attachment(s) Amended Tobacco Ordinance Action(s) Requested Staff recommends that the Falcon Heights City Council approve the amended tobacco ordinance. ORDINANCE NO. 14-01 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE FALCON HEIGHTS CITY CODE CONCERNING TOBACCO THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: SECTION 1: Chapter 14 Article IX of the Falcon Heights City Code is amended by deleting “Nicotine or lobelia delivery device” and inserting in its place “Electronic delivery device.” SECTION 2: Section 14-293 of the Falcon Heights City Code is amended by deleting the definition “Nicotine or lobelia delivery device” and adding the following definition to provide: Electronic Delivery Devices. Electronic Delivery Device shall mean any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device shall include any component part of such a product, whether or not sold separately. Electronic delivery device shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes and is being marketed and sold solely for that approved purpose. SECTION 3: Section 14-294 of the Falcon Heights City Code is amended by adding the following subsection: Sec. 14-294. License. L. Proximity to youth-oriented facilities. No license shall be granted pursuant to this section to any person for any retail sales of tobacco, tobacco products, tobacco-related devices, or electronic delivery devices within one thousand (1,000) feet of any school, playground, house of worship, or youth-oriented Doc. #174035v.1 RNK: 12/20/2013 1 facility, as measured by the shortest line between the space to be occupied by the proposed licensee and the occupied space of the school, playground, house of worship, or youth-oriented facility, unless that person has been in the business of selling such products in that location on the effective date of this subsection. For the purpose of this section, a youth-oriented facility is defined to include any facility with residents, customers, visitors, or inhabitants of which twenty-five percent (25%) or more are regularly under the age of twenty-one (21) or which primarily sells, rents or offers services or products that are consumed or used primarily by persons under the age of twenty-one (21). M. Proximity to other tobacco retail establishments. No license shall be granted pursuant to this section to any person for any retail sales of tobacco, tobacco products, tobacco-related devices, or electronic delivery devices within two thousand (2,000) feet of any other establishment holding such a license, as measured by the shortest line between the space to be occupied by the proposed licensee and the occupied space of the nearest existing licensee, unless that person has been in the business of selling such products in that location upon the effective date of this subsection. N. Sale by minors. It shall be unlawful for any business licensed under this ordinance to allow any person under the age of eighteen (18) years to sell, offer for sale, or attempt to sell tobacco, tobacco products, tobacco-related devices, or electronic delivery devices. SECTION 4. Effective Date: This ordinance shall take effect from and after its passage. ADOPTED this 8th day of January, 2014, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ________________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Bart Fischer, City Administrator/Clerk Doc. #174035v.1 RNK: 12/20/2013 2