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.