The URL can be used to link to this page

Home My WebLink AboutCity Council Minutes 04-12-1976 SpecialPage 84 1. I MINUT i S SPECIAL COUNCIE,MEETING A ril 12 1976 A special meeting of the., Plymouth City Council was called to order by Mayor Hilde at 7:35 P.M. ip the Council Chambers of the, Public Works Building, 14900 Twenty- third Avenue North, on April 12, 1976 to,.)consider action on the intoxicating liquor license issued to Sylvester J. Rudolph, PRESENT: Mayor Hilde, Councilmen Hunt, Neils, Seibold and Spaeth, Sylvester J. Rudolph Md his attorney, Robert J. Neary, Glenn E, Purdue, Assistant City Attorney, Police Chief Hawkinson and Officers Ted Larsen and Mary Nelson. ABSENT: None r After hearing evidence on the record and argument of counsel, the Ciy Council of the City of Plymouth made the following Findings of Fact, Conclusions and Decision and Order: WHEREAS, Sylvester J, Rudolph presently holds , license issued by the City of Plyietouth to sell intoxicating liquors at -off -sale at the Highway Liquor Store, located at 3435 North County Road 16 in the.City of Plymouth, and WHEREAS, Mr, Rudolph was convicted of violations of the City Code of the City of Plymouth, Chapter,V, Section 1,18(b) (v) , in that on November 1, 197` and on November 3, 1975-ne did sell intoxicating liquor,to minors at the Highwey Liquor Store in the City of Plymouth, and sentence was imposed by the Court as indicated in the certificates of conviction, and WHEREAS, the offenses for which Mr. Rudolph was convicted and sentenced are also violations of the City Code of the City of Plymouth, Chapter III, Section 4.15(').; and WHEREAS, the offenses of November 1 and November 3 were not willful, and WHEREAS, the offenses of November 1 and November 3 of which Mr. Rudolph was convicted are directly related to the purposes of regulating they occupation or business for' which Mr, Rudolph is licensed, and WHEPEAS, the offenses of.0ich Mr. Rudolph was convicted do relAte directly to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the occupation or business, and WHEREAS, the nature of the offenses of which Mr, Rudolph was convicted is serious and is of great concern to the Council and City of Plymouths, qnd WHEREAS,, the licensee has not shown competent evidence of sufficipnt rehabilitation and preent fitness to perform the duties of the occupation or business; for which he is licensed, as defined in Minnesota Statutes 1974, Chapter 364, such as to preclue,e the fuspension or revocation of the license, and WHEREA'$, Chapter III, Section 4,19 of the City Code of the City of Plymouth does authorize the Council to revoke or suspend the license previously granted to Mr. Rudolph, or to take other appropriate action; 0 f 1 Special Council Meeting April 12, 1976 Page 15 MOTION was made by Mayor Hilde, seccnded by Councilman Seibold, to adopt RESOLUTION NO. 76-192't, A RESOLUTION SUSPENDING THE LICENSE OF SYLVESTER J., RUDOLPH TO SELL INTOXICATING LIQUORS AT OFF -SALE FOR A PERIOD OF SEVEN (7) DAYS, COMMIENCING APRIL 17, 1976 AND)ENDING AT APRIL 25, 1976 and that the City staff be authortzed to recover the costs incurred by the City of Plymouth to conduct this hearing and that this amount is to be recovered from Mr. Sylvester J. Rudolph's bond. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to direct staff to prepare the cost figures for the City's direct costs to conduct this liquor violation hearing and make them avail ti able for the Council meeting of April 19. Motion carried, five ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to direct staff to prepare an amendment to Chapter IIa of the City Code estahlishing a minimum time frame by liquor violation for the suspension o revocation of the liquor license. Mction carried, five ayes. MOTION was mace by Mayor Hilde, seconded by Councilman Seibold, to direct staff to make provision that no legal fees shall be incurred for the preparation of this ordinance amendment. Motion carried, five ayes. U MISCELLANEOUS Councilman Seibold reviewed the Fire Apparatus Cowittct's report. MOTION was made by Councilman Seibold, seconded by Councilman Neils, to adopt RESOLUTION N0, 76-193, A RESOLUTION AWARDING BID FOR 1250 CPM PUMPER TRUCK TO JOHN BEAN DIVISION OF FMC CORPORATION FOR THE SUM OF $77,500 TO BE 4PROPRIATED FROM THE REVENUE SHARING FUND. Motion carried on a Roll Gall vote, five ayes. MOTION was made by Councilman Seihnld, seconded by Councilman Neils, to adoW: RESOLUTION NO. 76-194, A RESOLUTION REJECTING BIDS RECEIVED ON MARCH 9, 1976 FOR AERIAL PLATFORM APPARATUS. Motion carried on a Roll Call vote, five ayes. 85= TJf; O o Special Council Meeting April 12, 1976 Page 15 MOTION was made by Mayor Hilde, seccnded by Councilman Seibold, to adopt RESOLUTION NO. 76-192't, A RESOLUTION SUSPENDING THE LICENSE OF SYLVESTER J., RUDOLPH TO SELL INTOXICATING LIQUORS AT OFF -SALE FOR A PERIOD OF SEVEN (7) DAYS, COMMIENCING APRIL 17, 1976 AND)ENDING AT APRIL 25, 1976 and that the City staff be authortzed to recover the costs incurred by the City of Plymouth to conduct this hearing and that this amount is to be recovered from Mr. Sylvester J. Rudolph's bond. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilman Hunt, seconded by Councilman Seibold, to direct staff to prepare the cost figures for the City's direct costs to conduct this liquor violation hearing and make them avail ti able for the Council meeting of April 19. Motion carried, five ayes. MOTION was made by Councilman Spaeth, seconded by Councilman Hunt, to direct staff to prepare an amendment to Chapter IIa of the City Code estahlishing a minimum time frame by liquor violation for the suspension o revocation of the liquor license. Mction carried, five ayes. MOTION was mace by Mayor Hilde, seconded by Councilman Seibold, to direct staff to make provision that no legal fees shall be incurred for the preparation of this ordinance amendment. Motion carried, five ayes. U MISCELLANEOUS Councilman Seibold reviewed the Fire Apparatus Cowittct's report. MOTION was made by Councilman Seibold, seconded by Councilman Neils, to adopt RESOLUTION N0, 76-193, A RESOLUTION AWARDING BID FOR 1250 CPM PUMPER TRUCK TO JOHN BEAN DIVISION OF FMC CORPORATION FOR THE SUM OF $77,500 TO BE 4PROPRIATED FROM THE REVENUE SHARING FUND. Motion carried on a Roll Gall vote, five ayes. MOTION was made by Councilman Seihnld, seconded by Councilman Neils, to adoW: RESOLUTION NO. 76-194, A RESOLUTION REJECTING BIDS RECEIVED ON MARCH 9, 1976 FOR AERIAL PLATFORM APPARATUS. Motion carried on a Roll Call vote, five ayes. 85= RESOLUTION NO. 76-192 USPE_ND-IN6 LIQUOR—IMNSE SYLVESTER J. RUDOLPH HIGHWAY LIQUOR STORE FIRE APPARATUS BIDS RESOLUTION N0, 76-193 AMING 11D FOR 1250 GPM PUMPER TRUCK JOHN DEAN DIV, FMC CORP. RESOLUTION NO. 76-194 REJNG IDS R AERIAL PLATFORM APPARATUS TJ O o RESOLUTION NO. 76-192 USPE_ND-IN6 LIQUOR—IMNSE SYLVESTER J. RUDOLPH HIGHWAY LIQUOR STORE FIRE APPARATUS BIDS RESOLUTION N0, 76-193 AMING 11D FOR 1250 GPM PUMPER TRUCK JOHN DEAN DIV, FMC CORP. RESOLUTION NO. 76-194 REJNG IDS R AERIAL PLATFORM APPARATUS v Special Council Meeting Apri 1 129 1916 Page 86 N 1fJTI0N was made by Councilman Hunt, seconded by Councilman Seibold, o, approve the committee's recommendation on the timetable for the purchase of an aerial platform Muck, requiring it to be in service not later than July 19 1979. Motion carried, five ayes. Planner DilleruJ presanteda concept„ plan for ,Downtown Plymouth. DN,4TC1W1i' PLYNOWN CONCEPT PLAN NOTION was made.,by Councilman Hunt, secondpol by Councilman Neils, recommending that the alignment of 34th Avenue North be moved further north in such a manner as to create a new tier of lots south of 34th Avenue North and to separate the Cily Center from the Post Office and that the City attempt to purchase more land for park purposes from the western end of the area which is guided LA4 located west of Fernbrook Lane and north of 34th Avenue North. Notion carried, five ayes. Mayor Hilde adjourned the meeting at 11-015 P,N, 0 Secretary to Council cr 0