Loading...
HomeMy WebLinkAbout6.a. Minutes f th December 13, 2006 Special City Council ProceedingsROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS DECEMBER 13, 2006 CALL TO ORDER Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was duly held on Tuesday, December 5, 2006, at 6:08 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter attending Staff members present were City Administrator Verbrugge, Assistant City Administrator Foster, Pohce Chief Kalstabakken and City Clerk Domeier. NEW BUSINESS 2.a. 2007 Liquor License Renewals Clerk Domeier stated the purpose of the Special Meeting was to continue discussion of 2007 liquor license renewals so that the applications could be forwarded to the State to allow sufficient time for review and approval. The City Council reviewed the 2007 liquor license renewals at its regular meeting on December 5, 2006. At that time, the City Council tabled action to December 19, 2006 to allow the City Attorney time to review the City liquor code as it relates to the obligation of a liquor licensee to be in compliance with City Code. Ms. Domeier stated that the City Attorney did review the City Code and that a violation of a zoning code provision would fall into the same category as the violation of a liquor code provision. Before the City imposed license discipline such as civil penalties, suspension, revocation or non renewal for such a code violation, it would have to give the hcensee or applicant an opportunity for a hearing. Ms. Domeier further stated that at this time the City Attorney has recommended the license in question be issued. City Administrator Verbrugge stated he spoke with the manager at MGM regarding the sign issue. He stated that MGM has indicated they will comply with the Ordinance and change the sign. MGM will bring forward a tunelme for switching out the sign and will stay within the time period to stall any enforcement action. Council Member Sterner questioned the follow -up action for the liquor establishments that failed the compliance checks. Police Chief Kalstabakken stated the need to allow the license holder an opportunity to either request a hearing or to enter into a Consent Order regarding the violations. He stated that two of the establishments, Shenanigan's and City Limits, have agreed to enter into a Consent Order admitting to the failed compliance check and paying a $500.00 fine. However, one of the establishments, Rosemount Liquor Mart, has received its second violation in a 24 month period. He added that while Rosemount Liquor Mart would like to resolve the issue they are still hesitant with moving forward on the violation. Mr. Kalstabakken stated that the City of Rosemount does not have a matrix of penalties for a second or third violation. He added that an average for Dakota County municipalities imposing a civil fine for a second violation is $750 and also includes a three day suspension of the liquor license. Inver Grove Heights has never imposed a civil penalty when there has been a violation; in those cases the State has a civil penalty which they impose; Lakeville has a three day suspension for a second violation; Eagan charges a $1,000 fine for a second violation; Farmuigton imposes a $500 fine with a seven day license suspension; Burnsville ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS DECEMBER 13, 2006 has a $750 fine with a three day license suspension; and Richfield has a $1,500 fine with a five day suspension. Mr. Kalstabakken brought forward a recommendation using the average of a $750 fine and a three day suspension for the second violation. Council Member DeBettignies questioned if a matrix was available for the third violation. Mr. Kalstabakken responded that no City has less than a $1,000 fine with a suspension of the license from six to 21 days. Council Member DeBettignies questioned if the suspension was for consecutive days. Mr. Kalstabakken stated the suspension schedule would be set by the City. Mayor Droste questioned if there are any state laws around the violations or if it is strictly Local jurisdiction. Mr. Kalstabakken responded if the City didn't impose action, the State would impose the penalty. He was not aware if the State had a graduated scale for the fines or penalties. Council Member Shoe Corrigan stated there should be written policy that would be carried from here on out. Mr. Kalstabakken stated that City Attorney LeFevere's opinion with having a matrix is that it does not allow you to take individual circumstances into consideration. Mr. Kalstabakken stated the City would want to be consistent even without the matrix. Council Member DeBettignies suggest imposing into the wordage that the City could affix to any premise transaction. The penalty could be based upon the transaction at the premise. Council Member Baxter inquired how the sales clerk is charged. Mr. Kalstabakken stated the sales clerk would receive a gross misdemeanor. Council Member Baxter stated that a sales clerk is charged with a crime but the establishment only receives a $500 fine which seems lax. Council Member Shoe Corrigan stated the issue is whether we issue the permit without a hearing. Mr. Verbrugge stated the license could not be withheld without allowing the applicant a hearing. Mr. Verbrugge added that staff is looking for feedback on how to handle the second offense. Council Member Baxter stated he accepts City Attorney LeFevere's opinion but also believed that the businesses have an obligation to be a good citizen The businesses need to follow the ordinances. He added the City should be stern to avoid gaining a bad reputation as a community that sells alcohol to minors. Motion by Shoe Corrigan. Second by DeBettignies. Motion to approve the liquor hcense renewals as listed for the year 2007 with the condition that the renewals for Applebee's and McDivot's are subject to receiving the required accountant's statements before December 31, 2006. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS DECEMBER 13, 2006 Discussion ensued regarding direction on the current violations. Council Member Shoe- Corrigan was concerned with store clerks receiving adequate training. Mr. Kalstabakken stated that a stipulation in the resolution could be to agree to training. He added that conditions for penalties may be added Council Member Shoe Corrigan stated a cleat message needs to be sent to the businesses about the violations. Mr. Verbrugge stated the City Council should decide how severe the progression should be set. Council Member Baxter stated that for the third violation the City should come clown hard. Council Member DeBettigrnes suggested developing a matrix of $500.00 fine for the first offense; $1,000 fine with a three day license suspension for the second offense; and a $1,500 fine with a consecutive six day license suspension for a third offense. Mr. Verbrugge suggested that whatever day of the week the penalty occurs on that the suspension begin the same day of the week. Council Member Shoe Corrigan requested that training and enforcement be added to the third offense. Mayor Droste agreed with the average and stated the City Council should discuss and put a policy in place with the ability to look at extenuating circumstances. Mr. Kalstabakken stated typically in an ordnance the City Council would have control to go outside the penalty for different circumstances. Council Member Baxter was in agreement with a $1,000 fine and a three day license suspension. He stated a fine doubling is not unreasonable and a three day suspension will get the businesses attention. He further stated that the third offense should be harsher and include a six day suspension period. Mayor Droste directed staff to develop a matrix and bring to a work session for discussion and to establish a policy Council Member Shoe Corrigan preferred a $1,000 fine and a three day hcense suspension. Council Member Sterner suggested establishing what the average is by going with a $750 fine and a three day license suspension. Council Member DeBettigrues desired to remain aggressive with the fines and suspension periods Council Member Baxter suggested leaving the issue to Mr. Kalstabakken to design a matrix using his best judgment. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 6:57 p.m. The meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk