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HomeMy WebLinkAboutCity Council Minutes 04-06-1999Adopted Minutes Regular Council Meeting April 6,1999 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on April 6, 1999. COUNCIL PRESENT: Mayor Tierney; Councilmembers Bildsoe, Slavik, Spigner, Black, Harstad, and Johnson. ABSENT: None. STAFF PRESENT: City Manager Johnson, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens. 3 Forum Trent Eisenberg, 2955 Pilgrim Lane, represented the Plymouth Youth Advisory Council. He showed the three types of drivers' identification issued by the State of Minnesota. He noted that the photos on the learner's permit and driver's license for individuals under age 21 are on a different location of the identification card and the date that the individual reaches 21 is clearly noted on the identification. The three identification cards are also different colors. He said the Youth Advisory Council wanted to present this information to the Council with respect to the Council's consideration of liquor and tobacco law violations. 4.1 Community Theater Week Proclamation Mayor Tierney proclaimed April 17-24 as Community Theater Week and recognized Georgann Wenisch and representatives of the Plymouth Westside Players. 5 Approve Agenda Mayor Tierney requested the addition of an item on grants available from the legislature. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to approve the agenda with the addition noted. Motion carried, seven ayes. 6 Consent Agenda Item 6.05 was removed from the Consent Agenda. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to approve the consent agenda as amended. Motion carried, seven ayes. 6.01 Approve Minutes Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to approve the March 16 regular meeting minutes and the March 13 special meeting minutes. Motion carried, seven ayes. Adopted City Council Minutes April 6, 1999 Page 2 6.02 Approve Disbursements Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-151 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MARCH 26, 1999. Motion carried, seven ayes. 6.03 Day of Remembrance Proclamation Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to proclaim April 11-18 as Days of Remembrance in memory of the victims, the survivors, and the liberators of the Holocaust. Motion carried, seven ayes. 6.04 Policy on Providing Information to the Public Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-152 APPROVING POLICY ON PROVIDING INFORMATION TO THE PUBLIC. Motion carried, seven ayes. 6.06 Appointment to Northwest Suburban Cable Commission Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-153 APPOINTMENT TO NORTHWEST SUBURBAN CABLE COMMUNICATION COMMISSION. Motion carried, seven ayes. 6.07 U—S West, Lot Division (99013) Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-154 APPROVING LOT DIVISION/LOT CONSOLIDATION FOR THE U—S WEST COMMUNICATIONS PROPERTY LOCATED AT 1330015TH AVENUE NORTH AND THE AT&T PROPERTY LOCATED AT 1332015TH AVENUE NORTH (99013). Motion carried, seven ayes. 6.08 Neil Weber Architects (99011) Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-155 APPROVING SITE PLAN AMENDMENT AND CONDITIONAL USE PERMIT AMENDMENT FOR A BUILDING ADDITION AND PARKING LOT EXPANSION AT THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS AT 330 VICKSBURG LANE NORTH (99011). Motion carried, seven ayes. 6.09 Purchase of Dump Box, Snow and Ice Equipment Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-156 APPROVAL OF PURCHASE OF ONE DUMP BOX, AND SNOW AND ICE EQUIPMENT FOR THE NEW REPLACEMENT SINGLE AXLE DUMP TRUCK. Motion carried, seven ayes. 6.10 Use of Parkers Lake Park for a Fundraising Event Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-157 APPROVING USE OF PARK BY THE AMERICAN DIABETES ASSOCIATION FOR A FUND RAISING EVENT. Motion carried, seven ayes. Adopted City Council Minutes April 6, 1999 Page 3 6.11 Operation of Snowmobiles in City of Plymouth Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-158 AMENDING PREVIOUS RESOLUTIONS INVOLVING THE OPERATION OF SNOWMOBILES WITHIN THE CITY OF PLYMOUTH. Motion carried, seven ayes. 6.12 Ridgemount Avenue Reconstruction Payment, Project No. 7004 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-159 APPROVING FINAL PAYMENT, RIDGEMOUNT AVENUE RECONSTRUCTION, CITY PROJECT NO. 7004. Motion carried, seven ayes. 6.13 1999 Suburban Rate Authority Membership Assessment Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-160 APPROVING PAYMENT OF 1999 MEMBERSHIP ASSESSMENT FOR SUBURBAN RATE AUTHORITY. Motion carried, seven ayes. 6.14 Reimbursement to Developer, Conor Meadows Plat Two (96150) Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-161 REIMBURSING DEVELOPER FOR REQUIRED TRUNK STORM SEWER CONSTRUCTION, CONOR MEADOWS PLAT TWO (96150). Motion carried, seven ayes. 6.15 Cornerstone Commons Addition Streetlight Project Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-162 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, CORNERSTONE COMMONS ADDITION. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-163 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, CORNERSTONE COMMONS ADDITION. Motion carried, seven ayes. 6.16 Drainage Easement Vacation, Minneapolis Industrial Park 6th Addition Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-164 ORDERING PUBLIC HEARING ON THE VACATION OF PART OF A DRAINAGE EASEMENT FOR PONDING LOT 1, BLOCK 1, MINNEAPOLIS INDUSTRIAL PARK 6' ADDITION. Motion carried, seven ayes. 6.17 Contract Award for Ferndale Road Street and Trail Improvements, Project 6007 Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-165 RESOLUTION AWARDING BID, FERNDALE ROAD STREET AND TRAIL IMPROVEMENTS, CITY PROJECT NO. 6007. Motion carried, seven ayes. Adopted City Council Minutes April 6, 1999 Page 4 6.18 Award Contract for 1999 Crack Repair Program Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-166 RESOLUTION AWARDING BID, 1999 CRACK REPAIR PROGRAM. Motion carried, seven ayes. 6.19 Consultant Agreement for Comprehensive Plan Update, Sanitary Sewer and Water Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-167 DESIGNATING BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC., AS CONSULTANT FOR COMPREHENSIVE PLAN UPDATE, SANITARY SEWER AND WATER ELEMENTS. Motion carried, seven ayes. 6.20 Agreement on Access to Electronic Proprietary Database System Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-168 AUTHORIZING MAYOR AND CITY MANAGER TO SIGN ELECTRONIC PROPRIETARY DATABASE (EPDB) LICENSE AGREEMENT WITH HENNEPIN COUNTY. Motion carried, seven ayes. 6.21 Adopt Findings of Fact for Civil Penalties for Liquor Law Violations Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt Findings of Fact for liquor law violation penalties imposed on March 16, 1999, for Applebaum Companies, Inc. d/b/a Sid's Discount Liquor, 10200 6th Avenue North (Attachment A); Ashbeck—Guth, Inc., d/b/a Colony Liquor Store, 15705 35th Avenue North (Attachment B); New Dynasty, Inc., d/b/a New Dynasty Restaurant, 14370 28th Place North (Attachment C); and Kiang's Inc., d/b/a Red Pepper Restaurant, 187 Cheshire Lane #110 (Attachment D). Motion carried, seven ayes. 6.22 Northwest Metro Drug Taskforce, Sergeants Position Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to authorize an increase by one, the number of authorized Sergeant positions in the Police Department in cooperation with the Northwest Metro Drug Task Force. Motion carried, seven ayes. 6.23 Establish Special Council Meeting and Topics for March 13 Meeting Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to establish April 13 at 7:00 PM as a Special City Council Meeting to consider the following topics: City Court; Policy on Funding Social Services; Liquor and Tobacco Ordinance; Summer Pool Passes; Citizen Survey; and the Establishment of Future Study Sessions and Topics. Motion carried, seven ayes. 6.24 Approval of Bids for Wood Fiber Systems for Neighborhood Playgrounds Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-169 APPROVAL OF WOOD FIBER SYSTEM FOR PLAYGROUNDS. Motion carried, seven ayes. Adopted City Council Minutes April 6, 1999 Page 5 6.25 Amendment to Ordinance Regarding Closure of Beaches Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt ORDINANCE 99-08 AMENDING CHAPTER VIII OF THE PLYMOUTH CITY CODE CONCERNING CLOSING OF BEACHES. Motion carried, seven ayes. 6.26 Donation from Plymouth—Wayzata Youth Baseball Association Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-170 APPROVING ACCEPTANCE OF DONATION. Motion carried, seven ayes. 6.27 Approval of Bids for 1999-200 Park System Concrete Projects Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt RESOLUTION 99-171 APPROVAL OF CONCRETE WORK FOR 1999 AND 2000. Motion carried, seven ayes. 7.1 1999 Street Reconstruction Project No. 9001 Public Improvement Hearing Public Works Director Moore said that the portion of this project near Deerwood Lane, Forestview Lane, and 4d' Avenue was initiated with a petition that the City received in 1997 due to surface water flooding in the area. The combination of the petition for drainage improvements and the street condition ratings form the basis for this project. The streets in this district are approximately 28 years old and are ranked fourth worst in the City. There is no concrete curb and gutter. The original estimated cost of reconstruction in the entire area was $2.1 million, but Magnolia Lane has since been deleted from the project. He described the proposed project and the storm water drainage area. The streets do not have storm drainage or curb and gutter, and would require total reconstruction due to their condition. The estimated cost of the project is 1.6 million, of which $413,000 would be assessed to the benefiting properties. The following estimated assessment rates are proposed: $1,028 per lot for street reconstruction, $1,159 per lot for curb and gutter, $1,075 per lot for local storm sewer, and $491 per acre for trunk storm sewer. He said there would be a cost to the City of Minnetonka for drainage improvements. Mayor Tierney opened the public hearing at 7:28 p.m. Jim Ayers, 12109 Highway 55, showed his property in the assessment area. His property is .75 acres from the nearest swale. He is not opposed to the project; however, he is opposed to the methodology associated with the policy that reaches beyond the maintenance district in which the work is being done to assess costs to landowners who in no way contribute to the water problem. He said that the City of Minnetonka is expected to pay $52,860 of the project cost, but he asked for assurance that Minnetonka will pay. He does not believe the assessment policy is fair and equitable, and asked that the Council review the trunk sewer assessment policy. Robert Reutiman, Jr., 11610 3`d Avenue North, said this project is overdue. He has had 4 inches of water in his basement and the streets are crumbling. He urged the Council to approve the project. Adopted City Council Minutes April 6, 1999 Page 6 Carl Unrath, 11209 Sunset Trail, said that no answers were provided at the public information meeting about the current flow rates through the system. He said a lot of area has been surfaced in Minnetonka. Also, if the roadway is expanded from 24 to 28 feet on Balsam Lane, it will create a steep slope off the roadway. He said that water backs up to 8 feet deep in his culvert. He has filled on his lot and would like to know how the improvements would impact his lot. He asked if the City could dredge some of the wetlands where water is leaving this area to allow for faster runoff. Mr. Unrath showed pictures of the culvert taken before and after construction in the area. He said that the problems need to be addressed, but he would like a 20 -year solution. He asked if the improvements will result in higher speeds on the streets, and asked why the streets need to be eight feet wider than currently exist. Marilyn Graczyk, 11420 Ridgemount Avenue, said she was assessed last year for the Ridgemount project and now would have more assessments. She was informed that the Ridgemount project payments would be over 10 years; however, that did not occur. She asked about the proposed width of Deerwood Lane and said that property owners should have definite answers prior to the beginning the project. Cristel Springer, 11107 Sunset Trail, appeared on behalf of her parents at 404 Forestview Lane. She showed pictures of their property which is flooded during heavy rains. Doug Hanson, 315 Balsam Lane, opposed the reconstruction project for Balsam Lane. He said Balsam Lane does not have the water problems that exist on Deerwood Lane, and he believes the reconstruction project may make water problems worse in the area. Steve Warren, 210 Deerwood Lane, said he would like to learn more about the project plans. He is concerned about the impact to the landscaping on his property. Mike Owens, 319 Balsam Lane, agreed that the improvements are needed, especially on Deerwood Lane. The streets are very poor, but he feels the drainage improvements are unwarranted for Balsam Lane. Mayor Tierney closed the public hearing. Public Works Director Moore responded to resident questions. He said that there will be a future public hearing on the assessments. He said the culvert under Ridgemount Avenue has not changed for years; however, trash guards have been added to the culvert which tends to plug the flowage. He said the overall flow is about 65 cubic feet per second, and the flow from Minnetonka is about 1/3 of this total. The rate of flow from Minnetonka is slower, but the flow amount is unchanged. He said it is difficult and costly to get permission to dredge wetlands. Also, the wetlands serve a purpose in cleaning the water. All of the roads in this project are proposed as 28 feet wide with curb and gutter, which is four feet less than the City's standard roadway width. This will allow for parking on one side of the roadway. He said that many of the detailed questions cannot be answered because the detailed design work has not yet been done. This will occur if the Council moves forward with the project. All affected residents will Adopted City Council Minutes April 6, 1999 Page 7 be invited to view the plans. The City Council determines the length of the assessment period when adopting the assessments. In response to a question by Councilmember Harstad, Director Moore explained how the water flows north of Sunset Trail and into the Deerwood area. He said the wetland outlets along Hemlock Lane and the culvert goes under Sunset Trail through St. Mary's Park, under Forestview Lane culvert and into the ditch system which meets at Forestview Lane and Deerwood Lane. There were no petitions for improvements on Balsam Lane. Although there was no flooding on Balsam Lane, the water from Balsam Lane feeds into that system. Councilmember Slavik asked if the Council can order the plans and specifications without ordering the improvements. Director Moore responded yes. However, the Council must order the improvements within six months or another public hearing is required. He noted that the City will incur substantial costs without knowing if the construction will be ordered. He said that after the plans are completed, staff recommends the assessment hearing be held prior to the award of the contract. It will take about two months to prepare the plans and specifications for the project at a cost of about 50,000. Councilmember Johnson asked about loss of trees and landscaping. She also asked if these properties have previously been assessed. Director Moore said some the project would not result in substantial tree removal. He stated these properties were assessed for sanitary sewer, watermain, and bituminous street in the late 1960's or early 1970's. Councilmember Spigner asked if a 25 foot street width could be considered. Director Moore said that a 25 foot wide street could be considered, but staff would then recommend no parking on both sides of the street. Councilmember Harstad asked if the storm sewer would be less effective if the curb and gutter is deleted from Balsam Lane. Director Moore stated that if the curb and gutter were deleted, a ditch swale system would need to be designed along the roadway. Councilmember Black asked if staff could conduct a public meeting with residents when the plans are completed. Public Works Director Moore responded that when the plans are prepared, staff will hold an open house and invite residents to view the plans. This will not impact the project timeline. Mayor Tierney said some property owners would like to maintain ponding in the front of their properties. She asked if this is possible. Director Moore said staff is working on the issue. Adopted City Council Minutes April 6, 1999 Page 8 Councilmember Slavik asked if staff anticipates any negative impacts on the affected properties from the improvements. Director Moore said a few trees will be removed, and the drainage issues will not be completely solved. Flooding should be alleviated on the driveways and streets, but there will still likely be flooding in low yard areas. He added that the road improvements are designed for a 20 -year period. Councilmember Slavik asked staff to address the concerns that speeding on the roads could increase due to the street widening. Director Moore said this is neighborhood traffic and should be handled through enforcement. Councilmember Spigner asked if alternate plans could be prepared for 28 foot and 25 foot street widths. Mayor Tierney spoke against the motion because there would no parking allowed with the 25 foot option. Councilmember Spigner said that the character of the neighborhood would be changed if the width of the road is increased. She believes the City should respect the way this neighborhood was designed. The lots are deep so people can park off of the street. Councilmember Johnson asked about the width of Kingsview Lane. Director Moore responded that it was constructed at a 28 foot width. The streets in the Cavanaugh Addition were a 32 foot width, except for Juneau which was narrower due to right-of-way constraints. Director Moore said that 25 foot widths have been constructed on some of the steeper streets on the east side of Medicine Lake. Director Hurlburt added that narrower streets were approved for a small portion of Plum Tree Addition. However, the road abuts a wetland and serves lots on only one side of the street. Councilmember Johnson asked if the narrower street could create problems with snow plowing, garbage collection, public safety vehicles, and buses. Director Moore said there is an impact for all of these types of vehicles if vehicles are parked on the narrower street. Councilmember Harstad said the cost savings from 28 foot width to 25 foot width is nominal on a per lot basis. He said that these homes are set far back from the roadway, so the impact from the widened road is nominal. He suggested that safety and convenience may be worth the extra three feet in street width. Dawn Edwards, 405 Deerwood Lane, said that six to eight homes at the north side of Deerwood Lane are very close to the street and no parking is allowed on Ridgemount Avenue. She said that on -street parking is needed for these homes. She also asked about centering of the project within the right-of-way. Joe Leach, 15 Deerwood Lane, said that the right-of-way is 66 feet, but the roadway is currently not centered. The entire roadway is on his half of the right-of-way. Adopted City Council Minutes April 6, 1999 Page 9 Doug Jeranson, 305 Forestview Lane, said his front yard is a wetland. When it hasn't rained for a long time, the water is as high as it used to be after a significant rain. He said that a 1 %4 inch rain over a 12 hour period increases the water significantly. The runoff does not occur like it did five to seven years ago. He said there is a deteriorating condition between Forestview Lane and where it drains across Sunset Trail and it needs to be addressed. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to adopt RESOLUTION 99-172 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, 1999 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 9001. Motion carried, seven ayes. 7.2 Civil Penalty for Liquor Law Violation of Four Seasons Liquor II Mayor Tierney opened the public hearing at 8:45 p.m. to consider a civil penalty for the liquor law violation relating to the off—sale intoxicating liquor license issued to Four Seasons Liquor II, Inc., 4232 Lancaster Lane. Public Safety Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on October 27, 1998, (police case #98-39156). He explained the compliance check that resulted in the illegal sale. The clerk asked for identification, and the compliance checker presented an unaltered driver license indicating an age of less than 21 years. The clerk then made the sale. When a police officer informed the clerk of the illegal sale, the clerk indicated that this was her second offense within one year. The employee pled guilty to a gross misdemeanor on March 4, 1999, and a fine of $400 was imposed. Notice of this hearing to consider a civil penalty was sent to the owner and manager of Four Seasons Liquor II. David Aulwes, owner of Four Seasons Liquor, said that the establishment had never failed a compliance check in 21 years of business. In this incident, the clerk looked at the identification, but made the sale anyway. He said that his employees card everybody within two decades of 21 years of age. He asked if the Council would give any consideration to human error and not complacency or laziness. He said that a suspension would cause serious harm to the business. A loss of sales on a slow day would be about $2,000 and on a busy day about $7,000. Mr. Aulwes said he has done everything possible to ensure that no sales to minors occur. He has nine children at home and does not favor youth access to alcohol. He said the clerk who made the sale was a 46 -year old woman, and he did not know that she had previously failed a compliance check. Councilmember Johnson asked if Mr. Aulwes had inquired about the clerks records when purchasing the store earlier in 1998. Mr. Aulwes said he was informed by the seller that Four Seasons was the only store with a perfect record, therefore, he continued with the initiatives to prevent sales to minors started by the former owner. He said the error made by the clerk was no different than an error in a checkbook. Adopted City Council Minutes April 6, 1999 Page 10 Councilmember Johnson said that this error is illegal. She asked what procedures Mr. Aulwes has implemented subsequent to the violation. Mr. Aulwes said their policy in place is fine but it is not possible to stop human error. The clerk who made the sale was fired. Councilmember Spigner expressed concern that the clerk looked at the identification, but did not verify the legal age. She said it is Mr. Aulwes's responsibility to ensure that no one makes an illegal sale in his establishment. Mr. Aulwes said his clerks are aware of the various forms of identification and know more than the City about checking identification. Councilmember Slavik noted that the largest writing on the identification of an individual under the age of 21 if the date of their 21St birthday. This clerk did not read the ID. She suggested that Mr. Aulwes could work with the police department on other possible procedures. Mr. Aulwes said he met with someone from the police department when he took over ownership of the store. He has concentrated all of his efforts on the issue of avoiding sales to minors, but it occurred anyway. He has fired all of his employees, and only he and his wife are working in the store. He is unsure they are going hire any employees because he doesn't know what additional efforts to take to ensure that this does not reoccur. Mayor Tierney closed the public hearing. Councilmember Black asked if this is the second offense. Public Safety Director Gerdes explained it is the second offense for this store; but the first offense for this owner. The violation should be considered as a first offense. He said that the license holder could check background information when taking over the store. The owner could check with the State to determine if there have been previous violations. Motion was made by Councilmember Harstad, seconded by Mayor Tierney, to adopt RESOLUTION 99-173 IMPOSING A CIVIL PENALTY AGAINST FOUR SEASONS LIQUOR II, INC., FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a 500 fine and 5 -day license suspension with all 5 days stayed if no further violations in 12 months. The days stayed which would be reinstated if there was an illegal sale in the next 12 months. Motion to amend was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to stay two days of the suspension. Councilmember Harstad noted that the licensee has no employees, and the probability of a recurrence is remote. Adopted City Council Minutes April 6, 1999 Page 11 Councilmember Bildsoe said the penalty would be consistent with the penalties imposed on other liquor establishments. The penalty relates to the violation that already occurred. Councilmember Johnson added that the employer could decide to hire employees in the next 12 months. Mayor Tierney expressed concern that businesses could be driven out of the City if the penalties are too high for violations. Councilmember Bildsoe said that if a business consistently sells alcohol to minors, he believes they should question whether to remain in that business. He supports a harsher penalty. Motion to substitute was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to amend the penalty to 5 days suspension with 4 days stayed for 18 months and a $500 fine. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to call the question. Motion carried, seven ayes. Vote on the substitute motion carried, seven ayes. Main motion as amended carried, seven ayes. The Council directed staff to prepare findings of fact for consideration at the next meeting with regard to the penalty imposed. 7.3 Liquor Law Violation of Blue Wave Ventures, Inc., d/b/a Green Mill Restaurant Mayor Tierney opened the public hearing at 9:25 p.m. to consider a civil penalty for the liquor law violation relating to the on—sale intoxicating liquor license issued to Blue Wave Ventures, Inc., d/b/a Green Mill Restaurant, 2705 Annapolis Lane North. Public Safety Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on November 6, 1998, (police case #98-42310). He explained the compliance check that resulted in the illegal sale. The bartender asked for identification, and the compliance checker presented a valid, unaltered driver license indicating that the person was under 21 years of age. The bartender then made the sale. The clerk pled guilty to a misdemeanor on March 5, 1999, as was fined $210. Director Gerdes said he was contacted by the business in December and assisted with training on January 30, 1999. Greg Proulx, one of the partners of Green Mill, gave a public apology for this occurrence. He said Green Mill had been in business in Plymouth for 63/4 years without failing a compliance check. He explained the testing policies and said that new procedures were implemented following this incident. Mr. Proulx said that due to busy sales, the server misread a 9 as a 7 on the driver license. He showed the bar service refusal log which was put in place, as well as the daily notes provided to all servers. They also have an employee agreement with respect to alcohol and tobacco sales. He said the software has just been installed on the cash register to allow an age check on an identification card; however, there are legal issues to be addressed Adopted City Council Minutes April 6, 1999 Page 12 regarding scanning driver licenses. He explained the company manual and said the number of staff alcohol training meetings has been increased from two to three each year. Mr. Proulx said the servers are aware of the various colors on the driver licenses, as well as the three dates. Their policy is to card anyone who looks under 35 years of age. Councilmember Bildsoe asked if he would support the City having an ordinance that requires identification in order to purchase liquor. Mr. Proulx responded that the concept has merit and is worth considering, but it may not solve all of the problems. Councilmember Bildsoe asked what Green Mill does if someone attempts to use a false identification to purchase alcohol. He said the police department can make an arrest if they are notified. Mr. Proulx responded that they are removed from the premises and asked to leave. He said that the City could also issue a notice to liquor establishments when there is a problem, such as a trend of false identifications from a certain state. He said the bartender to failed this compliance check is very tough on checking identification and is sickened by the violation. Councilmember Johnson commended the Green Mill for quickly taking action following the incident and for implementing innovative ideas to prevent future violations. Councilmember Harstad said that some establishments have adopted a zero tolerance policy and terminate an employee immediately for making an illegal sale. He said that other employees understand it is a serious violation if termination occurs. Mr. Proulx said that stronger action would have been taken against the employee if he had failed to ask for identification. Mayor Tierney closed the hearing. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to adopt RESOLUTION 99-174 IMPOSING A CIVIL PENALTY AGAINST BLUE WAVE VENTURES, INC., D/B/A GREEN MILL RESTAURANT FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a $500 fine and 5—day license suspension, with 3—days stayed which would be reinstated if there was an illegal sale in the next 12 months. Councilmember Johnson said the 5 -day suspension is similar to the penalty imposed on other restaurants, but more days are stayed due to the efforts of the establishment. Motion carried, seven ayes. The Council directed staff to prepare findings of fact for consideration at the next meeting with regard to the penalty imposed. Adopted City Council Minutes April 6, 1999 Page 13 7.4 Civil Penalty for Liquor Law Violation, TGI Friday's of Minnesota, Inc., d/b/a Italianni's Mayor Tierney opened the hearing at 9:53 p.m. to consider a civil penalty for the liquor law violation relating to the on—sale intoxicating liquor license issued to TGI Friday's Inc., d/b/a Italianni's, 220 Carlson Parkway. Public Safety Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on November 2, 1998, (police case #98-39905). He explained the compliance check that resulted in the illegal sale. The bartender requested identification and the compliance checker presented a valid, unaltered driver license indicating an age of less than 21 years. The bartender looked at it and compared the photo to the person, and then said "1978 is the correct year." The sale was then made. The employee pled guilty to a misdemeanor on January 11, 1999, and a fine of $210 was imposed. This is a second violation for the establishment. The first violation occurred on August 12, 1998, and the Council imposed a penalty of 5 -days suspension and $1,000 for that incident. Director Gerdes said he has provided training to the licensee subsequent to the first violation. The second violation occurred prior to their first hearing before the Council. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to postpone action on this incident until after the Council holds a study session on the liquor ordinance and presumptive penalties. Councilmember Johnson said she will not support the motion to table. She noted that the City Council appropriately handled a second violation by the Red Pepper Restaurant. Motion failed: Tierney aye; six nays. Scott Rusert, 333 South Seventh Street, with Rick Boisjolie, Manager at Italianni's. He apologized for the incident and commended the City Council for their action on the compliance checks. He said one of their employees broke the law. They have taken positive steps to prevent the situation from recurring. Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to suspend the rules and extend the adjournment to 10:30 p.m. Motion carried, seven ayes. Rick Boisjolie, General Manager for Italianni's, said the employee who committed the violation was dismissed. He said a calendar and identification book are posted in the server area. Their policy is to card anyone who appears 40 years or younger. Mr. Boisjolie said that Public Safety Director Gerdes presented a training session for the establishment, and they have updated their Responsible Alcohol Sales and Service program and recertified all employees in this program. He said that all employees must pass this test as part of their initial hiring process, and discount cards are not available to employees until the test is passed. The zero tolerance policy is in the employee handbook, and he is currently working on a reward program for employees who card unknown, but legal, drinkers who meet the age requirement for checking identification. Adopted City Council Minutes April 6, 1999 Page 14 Mayor Tierney supported the reward program for employees. She asked if the City should assist with this program. Public Safety Director Gerdes said it would be a business decision for the establishment. If any establishment informed the City of a desire to develop a program, the City would support them and provide the information necessary for the establishment to implement it. Mr. Rusert proposed that in lieu of a license suspension, the Council consider staying the entire suspension if Italiannis' directs its profits for a six-day period to the DARE Program. City Attorney Knutson said the City could not require a donation to the DARE Program. The Council could accept this voluntary offer of the establishment. Mayor Tierney closed the hearing. Councilmember Johnson said she is uncomfortable bartering on the penalty. Also, she said that underage alcohol sales affect high school age youth who are far beyond the DARE Program. City Manager Johnson suggested that the matters should be considered outside of this hearing. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 99-175 IMPOSING A CIVIL PENALTY AGAINST TGI FRIDAY'S OF MINNESOTA, INC., D/B/A ITALIANNI'S FOR LIQUOR COMPLIANCE CHECK VIOLATION, imposing a $1,000 fine and a 10—day license suspension, with 8 days stayed for 12 months if no further violations occur. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to call the question. Motion carried, seven ayes. Motion carried: five ayes; Spigner abstained; Tierney nay. Mayor Tierney indicated she is uncomfortable with the penalties for second offenses. Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to suspend the rules and extend the adjournment time to 11:00 p.m. Motion carried, seven ayes. The Council directed staff to prepare findings of fact for consideration at the next meeting with regard to the penalty imposed. 7.5 Civil Penalty for Liquor Law Violation, D & D of Minnesota Inc., d/b/a Famous Dave's BBQ Shack Mayor Tierney opened the hearing to consider a civil penalty for the liquor law violations relating to the on—sale 3.2 malt liquor and wine license issued to D & D of Minnesota Inc., d/b/a Famous Dave's BBQ Shack, 11308 Highway 55. Adopted City Council Minutes April 6, 1999 Page 15 Public Safety Director Gerdes said that an incident of selling alcohol to an individual under the age of 21 occurred on November 21, 1998, (police case #98-42318). He explained the compliance check that resulted in the illegal sale. The server rang up the order, and the same server delivered the drink to the table and was arrested for serving a minor. The officer then learned that the server was a 15 -year old juvenile. It is not illegal for the juvenile to work at the establishment, but the juvenile cannot be involved in serving liquor. Director Gerdes clarified that two separate violations occurred in this incident -- sale by a juvenile and sale to a minor. Bruce Judy, General Manager of the Famous Dave's in Plymouth, said that he understands it is a privilege that Famous Dave's was granted a liquor license. Their policy for this type of incident where the server cannot legally serve alcohol, is that the server asks a manager to make the sale. He does all alcohol training at the store. Since this incident occurred, they implemented a policy that no one under 18 years of age can touch alcohol in the store. He has also instituted a zero tolerance policy and posted information about the age requirements. Mr. Judy said that alcohol sales are only 0.5 percent of their profits. Mayor Tierney closed the public hearing. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to revoke the liquor license for a period of 12 months and to impose a $2,000 fine. Councilmember Spigner said that it is a very serious offense to put minor children in the position of serving alcohol. The establishment is putting them in a position of breaking the law and forcing them to be around alcohol. She doesn't believe that the establishment will be successful in always having someone 18 years or older available to make alcohol sales. She doesn't support allowing alcohol at this establishment until they have adequately addressed this issue. Motion to amend was made by Councilmember Black, seconded by Councilmember Bildsoe, to establish the amount of the fine at $500. Councilmember Harstad said he will not support revocation of the license. He does not want underage children at risk, but there are a large number of liquor establishments that employ individuals under 18 years of age. He does not believe revocation is reasonable for a first offense. Councilmember Bildsoe asked the City Attorney to comment on the motion. City Attorney Knutson stated the statute allows the Council to impose up to a 60 -day suspension and a $2,000 fine. Councilmember Spigner withdrew the motion. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to adopt RESOLUTION 99-176 IMPOSING A CIVIL PENALTY AGAINST D & D of Adopted City Council Minutes April 6, 1999 Page 16 MINNESOTA INC., D/B/A FAMOUS DAVE'S BBQ SHACK FOR LIQUOR COMPLIANCE CHECK VIOLATION, revoking the liquor licenses and imposing no fine. In response to a question by Councilmember Bildsoe, Public Safety Director Gerdes said that this is a significant violation because a juvenile sold alcohol to a minor at a liquor establishment. He has not previously seen a similar case during his career. He said that individuals under age 18 frequently work in grocery stores and the same rules apply. A clerk under age 18 would get another clerk of legal age to make an alcohol sale. Councilmember Slavik said she will support the maximum penalty of 60 -day suspension and 2,000 fine. Motion to amend was made by Councilmember Slavik, seconded by Councilmember Bildsoe, to impose a 60 -day suspension and $2,000 fine. Councilmember Spigner said she will support the motion, and will support revocation if this type of violation occurs again at this establishment. Motion to amend carried, seven ayes. Main motion carried, seven ayes. Staff was directed to prepare findings of fact for Council consideration at the next meeting relating to the penalty imposed. 7.6 On—Sale Intoxicating Liquor License for Grazzi LLC, d/b/a Siena Ristorante'Enoteca City Clerk Ahrens presented the staff report on the application of Grazzi LLC, d/b/a Siena Ristorante'Enoteca, for an on -sale and Sunday intoxicating liquor license at 3500 Vicksburg Lane North. Mayor Tierney opened the public hearing. Tom Webster, Siena Restaurant, explained the proposed restaurant. Mayor Tierney closed public hearing. Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to adopt RESOLUTION 99- APPROVING ON—SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR GRAZZI LLC. d/b/a SIENA RISTORANTE'ENOTECA, 3500 PLYMOUTH BOULEVARD. Motion carried, seven ayes. 7.7 Liquor License for Angeno's Plymouth Hill, Inc. City Clerk Ahrens presented the staff report on the application of Angeno's Plymouth Hill, Inc., d/b/a Angeno's Pizza. and Pasta for an on -sale 3.2 and wine license at 3355 Plymouth Blvd. Mayor Tierney opened the hearing. Adopted City Council Minutes April 6, 1999 Page 17 John Mooney, 10704 Pilgrim Lane, was present to answer questions. Mayor Tierney closed the hearing. Motion was made by Councilmember Spigner, seconded by Councilmember Johnson, to adopt RESOLUTION 99-178 APPROVING ON—SALE 3.2 MALT LIQUOR LICENSE AND WINE LICENSE FOR ANGENO'S PLYMOUTH HILL, INC. d/b/a ANGENO'S PIZZA AND PASTA, 3355 PLYMOUTH BLVD. Motion carried, seven ayes. 8.1 Future Traffic Signal Needs Public Works Director Moore presented the staff report on future traffic signal needs. Motion was made by Councilmember Johnson, seconded by Councilmember Black, to direct staff to make a request to Hennepin County for approval of the City to install traffic signals at the following locations: County Road 9 and Vicksburg Lane, Schmidt Lake Road and Northwest Blvd., and West Medicine Lake Drive and Northwest Blvd. Motion carried: six ayes; Bildsoe absent. 8.2 City of Plymouth. Zoning Ordinance Text Amendments (99019) Community Development Director Hurlburt presented the staff report on the proposed Zoning Ordinance Text Amendments relating to accessory buildings for residential uses. The Planning Commission and staff recommend approval of the amendments. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt ORDINANCE 99-09 AMENDING CHAPTER 21 (ZONING ORDINANCE) OF THE CITY CODE RELATING TO ACCESSORY BUILDINGS FOR RESIDENTIAL USES 99019), and RESOLUTION 99-179 APPROVING FINDINGS OF FACT FOR AMENDING THE ZONING ORDINANCE TEXT RELATING TO ACCESSORY BUILDINGS FOR RESIDENTIAL USES (99019). Motion carried, seven ayes. 8.3 (6.05) City Council Goals and Priorities Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to suspend the rules and extend the adjournment to 11:15 p.m. Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Black, to adopt RESOLUTION 99-180 AFFIRMING 1999-2000 COUNCIL GOALS AND PRIORITIES, replacing Council -Council and Council -Staff relationships with City Center Planning and Development/Plymouth Blvd. Streetscape. Motion to amend was made by Councilmember Johnson, seconded by Councilmember Slavik, to retain Council -Council and Council -Staff Relationships as Number 7 on the list. Motion carried, seven ayes. Main motion carried, seven ayes. 9.1 Public Safety Advisory Board Appointment Adopted City Council Minutes April 6, 1999 Page 18 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to declare a vacancy and appoint James Holmes to fill the vacancy for term to expire December 1999. Motion carried, seven ayes. 9.2 Legislative Update City Manager Johnson presented a brief legislative update. 9.3 Grants from the Legislature Mayor Tierney said that a resident recently notified the City that grants are available from the legislature for greenways. Public Works Director Moore said the City has applied for the Metro Greenway Grant that was referenced in the letter. He will notify the resident. Motion was made by Mayor Tierney, seconded by Councilmember Black, to adjourn the meeting at 11:09 p.m. CitClerk Adopted City Council Minutes April 6, 1999 Page 19 Attachment A CITY OF PLYMOUTH FINDINGS OF FACT AND DECISION City of Plymouth Liquor Licensing Complaint Against Applebaum Companies, Inc., d/b/a Sid's Discount Liquors On March 16, 1999, the Plymouth City Council met at its regularly scheduled meeting to consider adopting civil sanctions for a liquor license violation which resulted from a compliance check done in 1998. The liquor license holder was present and the City Council heard testimony from all interested persons wishing to speak at the meeting. FINDINGS OF FACT 1. Applebaum Companies, Inc., d/b/a Sid's Discount Liquors ("Sid's Discount Liquors") is the holder of an off -sale intoxicating liquor license issued pursuant to Plymouth City Code Section 1206. 2. Sid's Discount Liquors is located at 10200 6t' Avenue North in the City of Plymouth. 3. On November 2, 1998, Sid's Discount Liquors employees Darnell P. Alexander sold a twelve pack of Miller Genuine Draft beer to a person who was under twenty-one years of age. Darnell P. Alexander did ask to see identification. The underage person produced a valid Minnesota driver's license showing that he was under twenty—one years of age. Darnell P. Alexander then continued with the sale of the beer. 4. Darnel P. Alexander's sale of beer to an underage person was in violation of Minnesota Statute 340A.503, Subd. 2(1). 5. Copies of the Plymouth Police Department reports regarding this incident are incorporated into these Findings by reference. 6. On or about January 21, 1999, Darnell P. Alexander pleaded guilty to selling alcoholic beverages to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1). 7. On March 5, 1999, Sid's Discount Liquors was notified in compliance with law of the above violation, and informed that an administrative hearing would be held before the City Council on March 16, 1999. 8. The Notice informed Sid's Discount Liquors that civil sanctions would be considered as a result of the violation. Adopted City Council Minutes April 6, 1999 Page 20 9. Sid's Discount Liquors received the Notice and its representatives attended the March 16, 1999 City Council meeting. The representative admitted at the hearing that the violation occurred. The representative also admitted receiving notice from the City before November 2, 1998 that compliance checks would be conducted. 10. There are no mitigating circumstances that excuse the violation. DECISION 1. Sid's Discount Liquors off -sale intoxicating liquor license is suspended for five (5) consecutive days, to be determined at the discretion of the City. 2. Two (2) days of the license suspension are hereby stayed for one year from the date these Findings are adopted, upon condition of no violation of State law or City ordinance involving sale, consumption or display of alcoholic beverages. If a violation occurs, the stay shall be revoked immediately, if ordered by the City Council after a hearing. The hearing on the revocation of the stay may proceed before final disposition of the criminal case on the new violation. 3. Sid's Discount Liquors shall pay a civil sanction to the City in the amount of Five Hundred and No/ 100 Dollars ($500.00) by May 3, 1999. 4. The civil sanction imposed herein constitutes Sid's Discount Liquors first violation and first appearance before the City Council, pursuant to City Code Section 1206.22. Dated: April 6, 1999. Adopted City Council Minutes April 6, 1999 Page 21 Attachment B CITY OF PLYMOUTH FINDINGS OF FACT AND DECISION City of Plymouth Liquor Licensing Complaint Against Ashbeck—Guth, Inc., d/b/a Colony Liquor Store On March 16, 1999, the Plymouth City Council met at its regularly scheduled meeting to consider adopting civil sanctions for a liquor license violation which resulted from a compliance check done in 1998. The liquor license holder was present and the City Council heard testimony from all interested persons wishing to speak at the meeting. FINDINGS OF FACT 1. Ashbeck—Guth, Inc., d/b/a Colony Liquor Store ("Colony Liquor Store") is the holder of an off -sale intoxicating liquor license issued pursuant to Plymouth City Code Section 1206. 2. Colony Liquor Store is located at 15705 35th Avenue North in the City of Plymouth. 3. On November 6, 1998, Colony Liquor Store employee Raya L. Casper sold a four pack of Bartles & James wine coolers to a person who was under twenty-one years of age. Raya L. did ask to see identification. The underage person produced a valid Minnesota driver's license showing that he was under twenty—one years of age. Raya L. Casper then continued with the sale of the wine coolers. 4. Raya L. Casper's sale of wine coolers to an underage person was in violation of Minnesota Statute 340A.503, Subd. 2(1). 5. Copies of the Plymouth Police Department reports regarding this incident are incorporated into these Findings by reference. 6. On or about January 22, 1999, Raya L. Casper pleaded guilty to selling alcoholic beverages to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1). 7. On March 5, 1999, Colony Liquor Store was notified in compliance with law of the above violation, and informed that an administrative hearing would be held before the City Council on March 16, 1999. 8. The Notice informed Colony Liquor Store that civil sanctions would be considered as a result of the violation. Adopted City Council Minutes April 6, 1999 Page 22 9. Colony Liquor Store received the Notice and its representative attended the March 16, 1999 City Council meeting. The representative admitted at the hearing that the violation occurred. 10. There are no mitigating circumstances that excuse the violation. DECISION 1. Colony Liquor Store's off -sale intoxicating liquor license is suspended for five (5) consecutive days, to be determined at the discretion of the City. 2. Two (2) days of the license suspension are hereby stayed for one year from the date these Findings are adopted, upon condition of no violation of State law or City ordinance involving sale, consumption or display of alcoholic beverages. If a violation occurs, the stay shall be revoked immediately, if ordered by the City Council after a hearing. The hearing on the revocation of the stay may proceed before final disposition of the criminal case on the new violation. 3. Colony Liquor Store shall pay a civil sanction to the City in the amount of Five Hundred and No/100 Dollars ($500.00) by May 3, 1999. 3. The civil sanction imposed herein constitutes Colony Liquor Store's first violation and first appearance before the City Council, pursuant to City Code Section 1206.22. Dated: April 6, 1999. Adopted City Council Minutes April 6, 1999 Page 23 Attachment C CITY OF PLYMOUTH FINDINGS OF FACT AND DECISION City of Plymouth Liquor Licensing Complaint Against New Dynasty, Inc., d/b/a New Dynasty Restaurant On March 16, 1999, the Plymouth City Council met at its regularly scheduled meeting to consider adopting civil sanctions for a liquor license violation which resulted from a compliance check done in 1998. The liquor license holder was present and the City Council heard testimony from all interested persons wishing to speak at the meeting. FINDINGS OF FACT 1. New Dynasty, Inc., d/b/a New Dynasty Restaurant ("New Dynasty") is the holder of an on - sale 3.2 percent malt liquor license and a wine liquor license issued pursuant to Plymouth City Code Section 1206. 2. New Dynasty is located at 14370 28th Place North in the City of Plymouth. 3. On November 6, 1998, New Dynasty employee Jason H. Dang sold a bottle of Bartles & James wine cooler to a person who was under twenty-one years of age. Jason H. Dang did not ask to see identification, nor did he ask the date of birth of the underage person. 4. Jason H. Dang's sale of a wine cooler to an underage person was in violation of Minnesota Statute 340A.503, Subd. 2(1). 5. Copies of the Plymouth Police Department reports regarding this incident are incorporated into these Findings by reference. 6. On or about February 4, 1999, Jason H. Dang pleaded guilty to selling alcoholic beverages to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1). 7. On March 5, 1999, New Dynasty was notified in compliance with law of the above violation, and informed that an administrative hearing would be held before the City Council on March 16, 1999. 8. The Notice informed New Dynasty that civil sanctions would be considered as a result of the violation. 9. New Dynasty received the Notice and its representative attended the March 16, 1999 City Council meeting. The representative admitted at the hearing that the violation occurred. Adopted City Council Minutes April 6, 1999 Page 24 10. There are no mitigating circumstances that excuse the violation. DECISION 1. New Dynasty's 3.2 percent malt liquor license and wine license is suspended for five (5) consecutive days, to be determined at the discretion of the City. 2. New Dynasty shall pay a civil sanction to the City in the amount of Five Hundred and No/ 100 Dollars ($500.00) by May 3, 1999. 3. The civil sanction imposed herein constitutes New Dynasty's first violation and first appearance before the City Council, pursuant to City Code Section 1206.22. Dated: April 6, 1999. Adopted"City Council Minutes April 6, 1999 Page 25 Attachment D CITY OF PLYMOUTH FINDINGS OF FACT AND DECISION City of Plymouth Liquor Licensing Complaint Against Kiang's, Inc., d/b/a Red Pepper Restaurant On March 16, 1999, the Plymouth City Council met at its regularly scheduled meeting to consider adopting civil sanctions for a liquor license violation which resulted from a compliance check done in 1998. The liquor license holder was present and the City Council heard testimony from all interested persons wishing to speak at the meeting. FINDINGS OF FACT 1. Kiang's, Inc., d/b/a Red Pepper Restaurant ("Red Pepper") is the holder of an on -sale 3.2 percent malt liquor license and a wine liquor license issued pursuant to Plymouth City Code Section 1206. 2. Red Pepper is located at 187 Cheshire Lane, #110 in the City of Plymouth. 3. On November 2, 1998, Red Pepper employee Dzuy Nguyen Ho sold a Michelob beer to a person who was under twenty-one years of age. Dzuy Nguyen Ho did not ask to see identification, nor did he ask the date of birth of the underage person. 4. Dzuy Nguyen Ho's sale of beer to an underage person was in violation of Minnesota Statute 340A.503, Subd. 2(1). 5. Copies of the Plymouth Police Department reports regarding this incident are incorporated into these Findings by reference. 6. On or about February 5, 1999, Dzuy Nguyen Ho pleaded guilty to selling alcoholic beverages to an underage person in violation of Minnesota Statute 340A.503, Subd. 2(1). 7. On March 5, 1999, Red Pepper was notified in compliance with law of the above violation, and informed that an administrative hearing would be held before the City Council on March 16, 1999. 8. The Notice informed Red Pepper that civil sanctions would be considered as a result of the violation. 9. Red Pepper received the Notice and its representative attended the March 16, 1999 City Council meeting. The representative admitted at the hearing that the violation occurred. Adopted City Council Minutes April 6, 1999 Page 26 10. This is Red Pepper's second violation for selling alcoholic beverages to an underage person. The first violation occurred on June 6, 1998 and the City imposed a civil sanction for that violation on February 16, 1999. 11. The date of this second violation (November 2, 1998) was before the City Council took action on the first violation. 12. Since the City took action on the first violation, Red Pepper has voluntarily undertaken to receive training and education from the Plymouth Police Department to prevent illegal sales from occurring in the future. 13. Sections 11 and 12 above are mitigating circumstances that warrant that part of the civil sanctions for the second violation be stayed. DECISION 1. Red Pepper's 3.2 percent malt liquor license and wine license is suspended for ten (10) consecutive days, to be determined at the discretion of the City. 2. Eight (8) days of the license suspension are hereby stayed for one year from the date these Findings are adopted, upon condition of no violation of State law or City ordinance involving sale, consumption or display of alcoholic beverages. If a violation occurs, the stay shall be revoked immediately, if ordered by the City Council after a hearing. The hearing on the revocation of the stay may proceed before final disposition of the criminal case on the new violation. 3. The civil sanction imposed herein constitutes Red Pepper's second violation and second appearance before the City Council, pursuant to City Code Section 1206.22. Dated: April 6, 1999.