Minutes - Council - 05/12/1998 - Laserfiche WebLink

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suspension for ten days. Chief Gustafson stated that because these are the first violations of this ordinance, he is very concerned about precedent setting for future violations. He explained that the Anoka County District Court has taken the position that the administrative civil penalty system may not be used with regard to juveniles charged with violating the ordinance and, therefore, juveniles violating this will need to be charged with misdemeanors in District Court. To be consistent, Chief Gustafson felt that all individuals charged should be prosecuted through the Court system and charged with a misdemeanor. With regard to the licensees, Chief Gustafson recommended offering to stipulate a settlement with them, as first time violators, which settlement would require payment of the $500 mandatory fine and no license suspension. Attorney Goodrich suggested that the court may be willing to amend the misdemeanor to a petty misdemeanor. Motion by Councilmember Haas Steffen and seconded by Councilmember Beahen to direct the City Attorney and the Police Chief to prosecute in District court, the individual sellers charged with violating Ordinance No. 98-02 and charge each of them with a misdemeanor. Motion carded. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beahen, and Zimmerman. Voting No: None. Absent: CouncilmemberBeyer. Motion by Councilmember Haas Steffen and seconded by Councilmember Beahen to direct the City Attorney and Police Chief to negotiate with the licensees charged with violating Ordinance//98-02 and offer to settle the violation with each of them by paying a $500 administrative civil penalty and require no tobacco license suspension. Motion carded. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beahen, and Zimmerman. Voting No: None. Absent: CouncilmemberBeyer. Case #7: Consider EDA Funding of a Critical Trail Link City Administrator Norman stated the purpose of this case is for Council to consider Economic Development Authority (EDA) funding of a 1,307 foot trail connection along County Road #116. Three critical trail links were constructed in 1997, using this same funding source. Those three projects include Ramsey Elementary School to Sunwood Drive along County Road #5, the path along 153rd Avenue from C.R. #5 to the Municipal Center, and also the Cottonwood Park area. Mr. Norman explained that an element of the Regency Pond subdivision park dedication requirement called for trail construction in several areas of the plat, including a segment in the road right-of-way of County Road #116, easterly to Sunwood Drive. These trails are to be paved by the developer. What is being proposed is a trail from Sunwood Drive to the existing trail at Wendell's, Inc. This 1,307 feet of path, at an expected cost of $8.35 per foot is currently unfunded but can be accommodated as part of the developer's administration and coordination of the rest of the trail project. Mr. Norman stated that the developer of Regency Pond was directed to have the trails done prior to May 16, 1998, to provide for the volunteer planting project on that day, within the trail corridor. He summarized the City Council/May 12, 1998 Page 11 of 16