HomeMy WebLinkAboutCCWkspAgneda 1-6-10Falcon Heights City Council Workshop City Hall 2077 W Larpenteur Ave. 6:30 p.m. AGENDA January 6, 2010 1. Larpenteur Avenue Streetscape Update 2. Tobacco Violation Ordinance Amendment
Discussion If you have a disability and need accommodation in order to attend this meeting, please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at
651-792-7600. We will be happy to help. ler
WKSP 1 1/6/10 TO: Mayor Lindstrom, Council members Gosline, Harris, Long, and Mercer-Taylor FROM: Justin Miller, City Administrator Re: Larpenteur Avenue Streetscape Update Explanation:
For the past two years, the city council, Larpenteur Streetscape Advisory Committee, staff and consultants have been working on plans to beautify and enhance the Larpenteur Avenue corridor.
SRF Consulting, the group that has been hired to develop the plans, has been working on different options since our last meeting and is prepared to share revised plans to the council
at this time. The most recent plan revisions are attached to this report, as well as an updated estimated budget. Staff and SRF consultants will be available during Wednesday’s workshop
to better detail the newest plans and to provide updates on the comments received from Ramsey County and the University of Minnesota. The current timeline for the project is: December
2009/January 2010 Plan revision Winter/Spring 2010 Plans and Specification Development/Bidding Spring 2010 Award bid Summer/Fall 2010 Construction
WKSP 2 1/6/10 TO: Mayor Lindstrom, Council members Gosline, Harris, Long, and Mercer-Taylor FROM: Justin Miller, City Administrator Re: Tobacco Violation Ordinance Amendment Discussion
Explanation: In late 2009, for the first time in several years, one of the city’s licensed tobacco vendors received a penalty for selling tobacco to an underage person. When staff and
legal counsel were discussing how to proceed with issuing a penalty for this infraction, it was discovered that specific terms were not outlined in the city code. Instead, the city relied
on authority under state statutes and imposed a fine of $500. In discussing this with other cities and the Ramsey Tobacco Coalition, it was found that most cities have a graduated penalty
scale built into their city code for vendors that sell tobacco to underage persons. Attached to this report is a draft ordinance amendment that attempts to start the discussion on how
to formalize our infraction penalty process. It is based on past practice as well as comparable fines that are levied by other cities. The ordinance calls for graduated penalties of
$250, $500, $1000, and license revocation for each infraction within a 24 month period. It also spells out how a vendor can request a hearing before the city council if they wish to
contest the penalty. If the city council wishes to proceed in this manner, staff will take the input from this discussion and have the city attorney draft a final ordinance amendment
for the council to approve at a future council meeting.
CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA ORDINANCE NO. ______ 1 AN ORDINANCE AMENDING CHAPTER 14 2 OF THE FALCON HEIGHTS CITY CODE 3 CONCERNING TOBACCO THE CITY COUNCIL OF FALCON
HEIGHTS ORDAINS: SECTION 1. Section 14-297 of the Falcon Heights City Code is amended by adding the following provisions: (c) Administrative Civil Penalties: Each license issued hereunder
shall be subject to suspension or revocation for violation of any provisions of this chapter or the laws of the State of Minnesota as follows: (1) First Violation: The first violation
of this chapter shall be punishable by a civil penalty of two hundred fifty dollars ($250.00). (2) Second Violation: A second violation of this chapter within any twenty four (24) month
period shall be punishable by a civil penalty of five hundred dollars ($500.00). (3) Third Violation: A third violation of this chapter within any twenty four (24) month period shall
be punishable by a civil penalty of one thousand dollars ($1,000.00) and a suspension of the license for ten (10) days. (4) Subsequent Violation: A fourth or subsequent violation of
this chapter within any twenty four (24) month period shall be punishable by revocation of the license. Any licensee whose license is revoked under this section shall not be eligible
for renewal for a period of two (2) years after the revocation.
(d) Hearing: Following receipt of a notice of a violation and penalty issued under this section, a license holder may agree to the presumptive penalty or request a hearing before the
City Council. A request for a hearing shall be made by the applicant or license holder in writing and filed with the City Administrator or designee within ten (10) days of the mailing
of the notice of the alleged violation. Following receipt of a written request for hearing, the applicant or license holder shall be afforded an opportunity for a hearing before the
Council. (e) Findings: If after the hearing the license holder is found in violation of this chapter, the Council may, impose the presumptive penalty or a different penalty. (f) Default:
If the license holder has been provided written notice of the violation and if no request for a hearing is filed within the ten (10) day period, then the presumptive civil penalty, suspension
or revocation imposed in this chapter shall take immediate effect by default. The City Administrator or designee shall mail notice of the fine, suspension or revocation to the applicant
or license holder. SECTION 2. This ordinance shall be effective immediately upon is passage and publication. ADOPTED this ______ day of ____________, 2_______, by the City Council of
Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ____________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Justin Miller, City Administrator/Clerk
Tobacco License and Fee Schedule 2009 1234 56789 10 11 12 13 14 15 16 17 18 A B C D E F G H I City License Fee General or Separate Application 1st Violation 2nd Violation 3rd Violation
4th Violation Clerk Violation Seller age Arden Hills $200 Separate $100 $500 $1000 & Suspension Revocation Not listed in Code None Falcon Heights $250 Separate not listed in Code Not
listed in code Not listed in code Not listed in Code Not listed in Code None Gem Lake $350 Separate $75 $200 $250 & Suspension $250 & Suspension $50 None Little Canada $250 Separate
$200 $500 $1000 & Suspension $1500 & Suspension $100,$125, $150, Misdemeanor None Maplewood $125 Separate $250 $500 1000& civil penelty revoke or suspension of license Not listed in
Code None Mounds View $200 General $150 $400 $500 Not listed in Code $100, $150, $200, $250 None New Brighton $275 General $100 $200 $300 Not listed in Code $50 None North Oaks $200
Separate $75 $200 $250 & Suspension $250 & Suspension $50 None North St. Paul $200 Separate $75 $200 $250 & Suspension Not listed in Code Not listed in Code None Roseville $100 Separate
Not listed in Code Not listed in code Not listed in code Not listed in Code Not listed in Code None Shoreview $250 Separate $250 $500 $1000 & Suspension $1500 & Suspension $50.$100,
$150, $200, $250 None South St. Paul $100 Separate $100 $200 $300 & Suspension revoke Not listed in Code none St. Paul $431 Separate $200 $400 Suspension Revocation Not listed in Code
None Vadnais Heights $250 Separate $250 $500 $1,000 *** Not listed in Code None West St. Paul $624.50 General $75 $200 $750 $1,500 $50 None White Bear Lake $100, if fail complience check
$175 General not listed in Not listed in Not listed in code Not listed in Code Not listed in Code None White Bear Thownship $100 Separate $75 $200 $250 $250 $50 None