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CITY OF FALCON HEIGHTS
REGULAR CITY COUNCIL MEETING
MINUTES OF MARCH 13, 1996
Mayor Gehrz convened the meeting at 7:03 P.M.
PRESENT
Mayor Gehrz, councilmembers Gibson Talbot, Hustad and Jacobs. Also present was
city prosecutor Costello, administrator Hoyt and recording secretary Phillips.
COMMUNITY FORUM
There was no one wishing to take advantage of the community forum.
MINUTES OF FEBRUARY 28, 1996
Minutes were approved as corrected.
CONSENT AGENDA APPROVED
Motion was made by Councilmember Gibson Talbot to approve the consent agenda.
Motion passed unanimously.
1. Disbursements
2. Licenses
3. Bookkeeping transaction to close the Risk Management Fund
4. Request for authorization to hire a streetsweeper for the city's spring
and fall streetsweeping
5. Awarding contracts for tree removal and tree trimming for 1996
POLICY AGENDA
APPOINTMENT TO THE CITY COUNCIL
Mayor Gehrz briefly summarized the appointment process when there is a vacant
councilseat and announced that out of the six candidates applying for the position,
Laura Kuettel was selected to fill the vacancy. Councilmember Hustad moved to
appoint Kuettel to the council for the duration of the term until 12/31 /97. Motion
passed unanimously.
City Council Minutes
March 13, 1996
Page 2
PROPOSED AMENDMENT TO CHAPTER 2(A) OF THE ADMINISTRATIVE CODE
RELATED TO THE HUMAN RIGHTS COMMISSION
Administrator Hoyt explained that the proposed amendment reflected a change in the
role of the human rights commission since its inception in 1968 to update the
structure of the commission and to make it more flexible and responsive to the city's
current needs. The commission would meet semi-annually and at the council's request
on an as-needed basis. Four additional commissioners, including one youth
commissioner, would be appointed by the council when the city has a specific human
rights issue to address. After modifying the proposed amendment, Councilmember
Jacobs moved to adopt the revisions. Motion passed unanimously. Councilmember
Gibson Talbot moved to repeal the current commissioners' terms of Tai Shigaki, Ted
Johnson and Paul Martinez. Motion passed unanimously.
CONSIDERATION OF ORDINANCE 96-02 REGARDING TOBACCO
RELATED PRODUCTS
Administrator Hoyt explained that the city's ordinance governing tobacco sales to
minors was reviewed by Martin Costello, the city's prosecuting attorney. State
statute now defines the sales of tobacco to minors as a gross misdemeanor and it
specifically states that localities cannot be less stringent than the state statute.
Therefore, the city must prosecute clerks under the gross misdemeanor charges
instead of its own ordinances. Mr. Costello recommended repealing the section
regarding clerk penalties in order to preserve uniformity with the state statute. Also
in Chapter 5-1.03 subd. D (7), language is recommended to clarify that youth that
purchase tobacco products under the supervision of an adult engaged in education or
research purposes are exempt from state legal penalties. This section allows youth
working with the police department to legally purchase tobacco during compliance
checks.
Councilmember Hustad stated his objection to the state preempting local tobacco
ordinances by requiring a minimum gross misdemeanor penalty for tobacco sales to
minors. This penalty of up to 53,000 and 90 days in jail is too tough and will rarely,
if ever, be imposed. The penalty called for by the city ordinance and now preempted
by the state was more reasonable and more likely to be enforced. Councilmember
Jacobs moved to approve Ordinance 0-96-02. Mayor Gehrz and Councilmembers
Gibson Talbot and Jacobs voted yes. Councilmember Hustad abstained.
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City Council Minutes
March 13, 1996
Page 3
ANNOUNCEMENTS
Administrator Hoyt announced that the Falcon Heights/Lauderdale Lion's Club recently
donated 5228 to the city to finance the park and recreation summer open gym
program at Falcon Heights School.
ADJOURN
Meeting adjourned at 7:45 PM.
Patricia Phillips
Acting Recording Secretary
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Susan L. Gehrz, Mayor