Loading...
HomeMy WebLinkAboutCCMin_94Aug3~, ~' CITY OF FALCON HEIGHTS REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 3, 1994 Mayor Baldwin convened the meeting at 6:36 p.m. PRESENT Baldwin, Gehrz, Hustad, and Jacobs. Asleson, Kelly, and Filla. ABSENT Gibson Talbot. COMMUNITY FORUM There were no comments from the floor. SPECIAL ORDER OF BUSINESS 1.3- Also present were Hoyt, Mayor Baldwin presented a recognition plaque to Mr. Tom Kelly, who resigned as Finance Director on July 29th. The Council thanked Mr. Kelly for his five years of service and wished him well at his new position in White Bear Township. MINUTES OF JULY 13, 1994 A correction was made to the minutes to indicate on page one the presence of Councilmember Gehrz. Minutes were approved unanimously as amended. CONSENT AGENDA APPROVED Council approved the following consent agenda by unanimous consent: 1. Disbursements a. General disbursements through 7/21/94, $81,721.25 b. General disbursements through 7/28/94, $17,898.72 c. Payroll, 7/1/94 to 7/15/94, $14,123.31 d. Payroll, 7/16/94 to 7/31/94, $16,684.32 2. Licenses 3. Purchase of Universal Tripod and Harness which also includes Retrieval Rope 4. Purchase of two heart defibrillators with associated equipment 5. Repair of Fire Truck 757 6. Accept resignation of Tom Kelly, Finance Director 7. Hiring of a temporary accountant through Accountemps until a permanent cit accountant is hired 8. Approval of contract for landscape planning services with the Hoisington Koegler Group 9. Request that the city continue support of the RSVP program 10. Designation of streets to be posted "No Parking" and "Permit Parking Only" during the State Fair 11. Acceptance of the Minnesota Urban and Community Forestry Challenge Grant for $4,000.00 Page 2 City Council Minutes August 3, 1994 POLICY AGENDA ~. PROPOSED REVISIONS TO THE CITY'S CODE REGARDING TOBACCO LICENSING AND SALES OF TOBACCO TO MINORS, CHAPTER 5, SECTION 1.03, SUBD. D AND CHAPTER 5, SECTION 4.01 SUBD. (A), BUSINESS LICENSE FEES Mayor Baldwin outlined the proposed ordinance regarding an increase in tobacco licensing fees and penalties to salespersons and vendors that sell tobacco products to minors. City Attorney Filla stated that he believed the ordinance, as presented, was practical and enforceable. Mr. Ken Balma, representing Super America, asked 1) will the underage buyers of the tobacco be penalized under this ordinance; 2 ) what is the timeline of the increasing penalties; and 3 ) has the city considered any form of "positive motivators" or rewards for passing compliance checks? Super America has its own compliance training program and have found about a 50o compliance rate metro- wide. Mr. Balma contended that, sooner or later, someone at the Falcon Heights store will be penalized. Mayor Baldwin responded that penalties are cumulative within a 12 month time frame. As for rewards for passing checks, the city can't financially reward clerks or vendors, but may have the resources to post signage at sites where checks have been successful. License fees are set to recover only the costs associated with regulating a business; they are not excess revenue to the city. As for minors, the city will have knowledge only of those minors used in compliance checks. Councilmember Hustad asked why Super America has such a high failure rate in its own compliance checks. Mr. Balma cited the high employee turnover rate and the desire of clerks to avoid conflict as the primary reasons. Mr. Martin Hill, representing Tom Thumb, explained his store's training policy regarding tobacco and alcohol sales to minors. He asserted that the proposed license fee and penalties would be a burden on retailers who are already trying to regulate themselves. He stated his belief that fines should instead be placed upon the minor buying the product, not the clerk selling it. Finally, Mr. Hill implied that this local regulation might drive his business out of Falcon Heights. Councilmember Gehrz asked Mr. Hill to describe the problems in his current training program, as Tom Thumb has failed compliance checks in Falcon Heights. Mr. Hill asserted that he does a good job of training, but that there is only so much he can do. The retail public is often offended by requests for age identification. Councilmember Hustad asked how much revenue Tom Thumb would lose in a five day cigarette suspension. Mr. Hill answered that the loss would be several thousand dollars each day, plus the loss of future Page 3 City Council Minutes > August 3 , 1994 ~• sales from people who cannot rely upon Tom Thumb to supply their cigarettes. Mayor Baldwin stated that the city's job is to license businesses and the sale of tobacco, not to oversee the actions of store clerks or purchasers. This ordinance is not unique to Falcon Heights and is not even the strictest ordinance in the area. Alan Bradshaw, representing Falcon Heights Amoco, also stated that he tries very hard to train his employees not to sell to minors. He suggested that store employees be required to sign a letter stating that they won't sell cigarettes to minors and have that letter on file at City Hall. When an illegal sale takes place, it can be shown that the employee was at fault, not the license holder. He also suggested that the City send personalized "congratulations" letters to those clerks that pass compliance checks. Mr. Bradshaw further stated that he would support a license fee increase if the fees would go toward education and uniform training purposes instead of compliance checks. Police do not stop minors for cigarette possession and yet have the time to do compliance checks. Fines on businesses will not solve the underlying social problems associated with underage tobacco use. Mayor Baldwin explained that he understands the issues of peer pressure and how a young clerk might not want to deal with confrontation at the counter. However, he also explained that the city's compliance checks do not involve any coercion at all and do not involve the use of fake identification. When a youth compliance checker is told he cannot buy cigarettes due to age, the youth is instructed to simply walk away. Councilmember Hustad noted that, with the change of police provider in January 1995, there will be an officer in the city limits 24 hours each day. The idea of having police monitor youth tobacco usage is a realistic possibility. Motion by Councilmember Jacobs to approve the ordinance as presented, with one addition including language providing for license revocation in the event that a vendor with a suspended license continues to sell tobacco products. Motion passed unanimously. ANNOUNCEMENTS Councilmember Hustad passed out information from the Minnesota State Planning agency on public sector payroll costs versus private sector costs. Administrator Hoyt reported on three successful events of the previous week: National Night Out, Teen Night Out, and the Ice Cream Social. Thanks were extended to the many volunteers who Page 4 City Council Minutes August 3, 1994 1.3 v coordinated these events. Hoyt also extended best wishes to departing Finance Director Kelly from herself and the city staff. ADJOURNMENT The meeting adjourned at 7:40 p.m. .~ Tom Baldwin, Mayor C~ Carla Asleson Recording Secretary 1