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Home My WebLink AboutCC agenda 3-24-10CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA March 24, 2010 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ C. PRESENTATIONS: 1. Neal Kwong Award 2. Commission Updates D. APPROVAL OF MINUTES: March 10, 2010 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 3/12/10: $24,358.47 Payroll through 3/15/10: $14,761.02 2. City License Applications 3. Salary Adjustment for Lisa Abernathy G: POLICY ITEMS: 1. Adoption of Social Host Ordinance H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: es\.pdf\PersistentHandler CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA March 10, 2010 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM _X_ HARRIS _X_ GOSLINE _X_ LONG _X_ MERCER-TAYLOR _X_ MILLER _X_ C. PRESENTATIONS: D. APPROVAL OF MINUTES: February 10, 2010 Approved F. PUBLIC HEARINGS: F. CONSENT AGENDA: Chuck Long Moved Approval 5-0 1. General Disbursements through 2/11/10: $155,568.93 General Disbursements through 2/18/10: $19,368.04 General Disbursements through 3/4/10: $142,851.63 Payroll through 1/29/10: $16,677.44 Payroll through 2/26/10: $16,443.45 2. City License Applications 3. Acceptance of Donation to Fire Department 4. Designation of Handicapped Parking at 1498 W. California Avenue 5. CERT Grant Application 6. Rain Barrel Grant Application 7. Authorize Final Payment of $21,131.32 and Commence the One-Year Warranty Period on 2009 Contract A and Adopt a Resolution to Accept the Work Completed. 8. Establish a special revenue fund for the Emerald Ash Borer Grant G: POLICY ITEMS 1. Broadband Technology Opportunity Grant Support Pam Harris Moved Approval 5-0 K. INFORMATION/ANNOUNCEMENTS: L. COMMUNITY FORUM: M. ADJOURNMENT: 7:40PM REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date March 24, 2010 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 3/12/10: $24,358.47 Payroll through 3/15/10: $14,761.02 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date March 24, 2010 Agenda Item Consent F2 Attachment N/A Submitted By Michelle Tesser, Deputy City Clerk The City That Soars! Item City License Applications Description The following individuals have applied for a Municipal Business License for 2010. Staff has received the necessary documents for licensure. 1. Curves The following individuals have applied for a Tree Trimmers/Removal Contractors License for 2010. Staff has received the necessary documents for licensure. 1. Pioneer Tree & Landscape, Inc. 2. All Seasons Tree Service and Snowplowing Inc. The following individuals have applied for a Mechanical Contractor’s License for 2010. Staff has received the necessary documents for licensure. 1. Boehm Heating Co. 2. Dahms Heating, Inc. 3. R.C. Hoffman Plumbing, Inc. 4. Freier Electric & Heating, Inc. Budget Impact N/A Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the the 2010 City License Applications. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date March 24, 2010 Agenda Item Consent F3 Attachment None Submitted By Justin Miller, City Administrator The City That Soars! Item Salary Adjustment for Lisa Abernathy Description The city’s compensation policy states that a 5% step increase be awarded to employees upon their fifth year of employment with the city. Lisa Abernathy’s five year anniversary will be on March 29, 2010, and therefore is eligible to receive this pay adjustment. Budget Impact This adjustment was included in the 2010 annual budget. Attachment(s) None Action(s) Requested Staff recommends that the Falcon Heights City Council approve a 5% step salary adjustment for Park and Recreation Supervisor Lisa Abernathy. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date March 24, 2010 Agenda Item Policy G1 Attachment Social Host Ordinance Submitted By Michelle Tesser, Deputy City Clerk The City That Soars! Item Adoption of Social Host Ordinance Description Council discussed adopting a Social Host Ordinance at the March workshop. The ultimate goal of adopting a social host ordinance is to deter underage possession and consumption of alcohol in the City of Falcon Heights. There are currently over 40 cities and counties that have adopted a Social Host Ordinance including the City of Roseville and St. Paul. The social host ordinance holds person(s) criminally responsible who host or allow events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting or allowing the event or gathering supplied the alcohol. Under state law, it is illegal for an adult to buy or furnish alcohol to a minor. This ordinance criminally penalizes the host, tenant or property owner if the person knows or reasonably should know that an underage person will or does consume or possess any alcohol and the person fails to take responsible steps to prevent possession or consumption by the underage person. Budget Impact Any prosecution fees would be covered under the city’s monthly retainer. Attachment(s) Social Host Ordinance Action(s) Requested Staff recommends the adoption of the attached Social Host Ordinance. CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA ORDINANCE NO. ____________ AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY OF FALCON HEIGHTS CITY CODE CONCERNING SOCIAL HOSTS THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: SECTION 1. Chapter 30 of the Falcon Heights City Code is amended by adding Article II to provide as follows: ARTICLE II. SOCIAL HOSTS Sec. 38-40. Purpose and Findings. The City Council intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons criminally responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The City Council finds: (a) Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of twenty-one are harmful to those persons and constitute a potential threat to public health requiring requiring prevention or abatement. (b) Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions. (c) Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present and, condone the activity, and in some circumstances provide the alcohol. (d) Even though giving or furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption. (e) A deterrent effect will be created by holding a person criminally responsible for hosting an event or gathering where underage possession or consumption occurs. 150490v01 RNK:03/04/2010 1 Sec. 38-41. Definitions. Unless otherwise expressly stated, whenever used in this article, the following terms shall have the following meanings: Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced. Alcoholic Beverage means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. Event or Gathering means any group of three or more persons who have assembled or gathered together for a social occasion or other activity. Host or Allow means to aid, conduct, entertain, organize, supervise, control, or permit a gathering or event. Parent means any person having legal custody of a juvenile: (1) As natural, adoptive parent, or step-parent; (2) As a legal guardian; or (3) As a person to whom legal custody has been given by order of the court. Person means any individual, partnership, co-partnership, corporation, or any association of one or more individuals. A person does not include any city, county, or state agency. Residence, Premises or Public or Private Property means any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. Underage Person is any individual under twenty-one (21) years of age. Sec. 38-42. Prohibited Acts. (a) It is unlawful for any person(s) to (1) host or allow an event or gathering at any residence, premises, or on any other private or public property where alcohol or alcoholic beverages are present when the person knows that an underage person will or does (i) consume any alcohol or alcoholic beverage; or (ii) possess any alcohol or alcoholic beverage with the intent to consume it and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s). 150490v01 RNK:03/04/2010 2 150490v01 RNK:03/04/2010 3 (b) A person is criminally responsible for violating 38-42(a) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. (c) A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible. Sec. 38-43. Exceptions. (a) This article does not apply to conduct solely between an underage person and his or her parents while present in the parent’s household. (b) This article does not apply to legally protected religious observances. (c) This article does not apply to retail intoxicating liquor or 3.2 percent malt liquor licensees, municipal liquor stores, or bottle club permit holders who are regulated by Minn. Stat. §340A.503 Subd.1(a)(1). (d) This article does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment, or where the underage person is performing an alcohol compliance check at the direction of a law enforcement angecy. SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED this ______ day of ______________, 2010, by the City Council of the City of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ________________________________ Peter Lindstrom, Mayor ATTEST: ________________________________ Justin Miller, City Clerk/Administrator