4. Illegal Beer sales to minor, Brooks superette II Manager's Comments - Update: The City Council , r
requested that Brook's be given one additional `-�
opportunity to meet with the City Council.
II This letter is that invitation. Representatives
of Brooks contacted me this past week stating
that they had not received my letter from
I Thomas J. Campbell two weeks ago and would definitely be present
Roger N. Knutson Monday evening. They stated that there was (612)456-9539
Thomas M. Scott no intent on their part to flaunt the City (612)456.9542
Gary G. Fuchs Council's request, but by contrast, were
II James R.Walston
Elliott B. Knetsch not knowledgeable o the request. �.�t/
Gregory D.Lewis .r�'
Dennis J. Unger
etglIel'
�-i t q /
Gateway Foods, Inc. Mr. Larry W. Kordisch
5720 Smetana Drive, Suite 300 11324 Shady Glen Road
IMinnetonka, Minnesota 55345 Oklahoma City, OK 73162
Brooks Food Market Mr. Brian J. Keller
I 594 West 78th Street 1824 Coventry Lane
Chanhassen, Minnesota 55317 Oklahoma City, OK 73120
Mr. Rudolph A. Comchoc Mr. Terrance V. Helz
II W5548 Eagles Point Road W5190 Birchwood Lane
LaCrosse, Wisconsin 54601 LaCrosse, Wisconsin 54601
I Mr. William C. Jameson
1656 Keller Court
Onalaska, Wisconsin 54650
IRE: Application for Off-Sale Non-intoxicating Liquor License
Gentlemen:
IOur office is legal counsel for the City of Chanhassen. On
Monday, April 8, 1991, the City Council considered your application
for an off-sale non-intoxicating liquor license. You were requested
I to appear at the Council meeting to explain the illegal sale to
minors that took place on December 4, 1990. Enclosed is a copy of a
letter from the County Attorney's office concerning the sale.
1 The City Council is very concerned about your failure to
attend the April 8th Council meeting. Illegal sale to minors is a
I very serious matter as is your apparent unwillingness to work with
the City to prevent future illegal sales. The Council will once
again consider your application at its April 22, 1991, Council
meeting. Please attend. Failure to do so may result in the Council
Irefusing to approve your license application.
F.ICEIVED -ry truly you - ,
IAPR 12 1991 CAMPS -, TSON, SCOTT
& HS, P.A.
CITY OF CHANHASSEN
II
BY:
RNK:srn Roge Knutson
cc: Mr. Don Ashwortyh
IMayor and Council Members
Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122
I
I . .
.. ) -,
1 art `tt CARVER COUNTY COURTHOUSE
MICHAEL A. FAHEY
I )) 600 EAST 4TH STREET,80X 12
Carver County Attorney J_ 00 EAS ,MINNESOTA 55318.2188
,tom �� 16121448-1200
Assistants: �N iv E s0
' Jean e . Bartz r couvry O�1 C 1 J L hG
Duane A.
Peter A.C. Ivy
Peter J.Orput
;' Chantal S. Sorenson 1991
James W. Keeler Jr. January 23 ,
I -.Ms. Sally Hultman
Manager, Brooks Food Market
594 West 78th St.
IIChanhassen, Minnesota 55317
Ms. Laurie Ann Spagenske
I 600 Santa Vera Drive, #1
Chanhassen, Minnesota 55317
RE: Violation of Minnesota Statute 340A.503, Subd. 2 (1) and .
340A.702 (8) : Furnishing Alcoholic Beverages to Person under
II21 years of age.
To those this matter concerns:
Please take notice that on December 4, 1990, a confidential
informant, aged 18, while under the direct supervision of certified
IIpeace officers, entered sed a twelve pack of Miller Lite Chanhassen and purchased Lite beer from Ms .
Spagenske, a Brooks employee.
According to the police report, Ms. Spagenske never asked the
allegedly young-looking informant for any proof of identification;
she observed accepted
undercover officer standing near the rcounter.transaction Mss
I observed by an
Spagenske was then promptly identified.
This investigation was not conducted pursuant to any
complaints regarding the Chanhassen Brooks Food Market; rather,
this project was taken pursuant to the commendable initiative of
the individual officers involved. Notably, these officers did not
II single out any given establishment but rather contacted every off-
sale establishment in the Chaska and Chanhassen area in a short
time span to see what, if any, liquor law violations were taking
11 place.
Largely because of the nature of this investigation, law
II enforcement officials and this prosecuting agency have decided not
to press formal charges against Ms. Spagenske for this specific
incident. Nevertheless, please be advised that the Carver County
IIAfinnathe Adios/Erral Opportunity Employer ,
Prrukrl on Reeyeirl Pups*
rney 's Office will not brook further alcoholic beverage sales
,.,,: • .._
1 r . I
., ., .
, •
to p ersons under 21 years of age. All Brooks employees should be r
to persons
advised accordingly.
I appreciate your prompt and sincere consideration to this
important matter.
I
Sincerely, I
- "2 „? (7 /24____/..e. )4"--x t . . Y
Peter A. C. I v II Assistant County Attorney
I
cc: Michael A. Fahey, Carver County Attorney
Sgt. Bill Hudson, Southwest Metro Task Force
Scott Harr, Director, Chanhassen Department of Public Safety
Sgt. Robert Bergmann, Carver County Sheriff's Office
1
1
1
1
1
1
I 1
I
II
1
2 1
II
■
r
CITYOF P ,5
E
, IV CHANHASSEN
1
I690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 • FAX (612) 937-5739
I NOTE: The City Council asked to meet with
March 29, 1991 representatives of MGM Liquor Warehouse,
Brooks Superette and Holiday Stationstore.
I
Mr. Richard Larson Ms. Sally Hultman, Manager
II MGM Liquor Warehouse Brooks Food Market
530 West 79th Street 594 West 78th Street
Chanhassen, MN 55317 Chanhassen, MN 55317
I Mr. Todd Preuschl, Manager
Holiday Stationstores
441 West 79th Street
IChanhassen, MN 55317
Re: 1991/92 Off-Sale Liquor Licenses:
IIDear License Holders:
On Monday, March 25, 1991, the Chanhassen City Council reviewed
1 both on and off-sale liquor license applications, including your
own. The background investigation revealed an illegal sale
occurring at your establishment this past year. A copy of the
I County Attorney's letter to you was made available to the City
Council . It was the belief of this office that the County
Attorney's handling of the violations was reasonable and that each
of the three establishments having a violation would ensure that
such does not occur in the future (see attached report) .
Following discussion, the City Council acted to request that I
I invite you to meet with them at their next regular meeting - April
8, 1991, 7: 30 p.m. This action should not be construed as a denial
of your 1991/92 off-sale license. By contrast, staff has completed
I all licensing requirements for your establishment and has forwarded
the license application to the state for processing. We anticipate
receipt of the official license from the state prior to the renewal
date of May 1st. Again, the City Council's action to request that
I you meet with them is not currently affecting your ability to
continue to sell off-sale after May 1st.
I The Council 's request to have you meet with them on April 8th
recognizes the city's desire to ensure that sales to minors does
not occur. I am anticipating that the points of discussion on
IIApril 8th will include:
II
I
• r .,
March 29, 1991 • -
Page 2 I
- What actions have you taken since the illegal sale's date
to ensure that such does not reoccur?; and I
- What forms of support can the city provide to our license
holders?; and
- What forms of deterrents should be considered by the city I
if a future violation should occur?; and
- Should the city have our Public Safety Commission meet II
with all license holders to grapple with these same
issues on a yearly basis? I
As noted earlier in this letter, I do not see the -City Council 's
request to meet with them on April 8th as an indication that your
1991/92 off-sale license is in any form of jeopardy. I will make ,
one exception to that statement - if you fail to attend the April
8th meeting or in other fashion flaunt the city's request to work
with them on this issue. I see the City Council as coming into the II
April 8th meeting with a strong desire to be open and honest in
dealing with the question of how we can reduce the number of sales
to minors. Again, I would hope that you will similarly'•approach
this meeting. I cannot over emphasize that to disregard the '
Council 's request to work with them and/or to flaunt this request
would be a grave mistake.
Should you have any questions, please feel free to contact me. '
Since ely, i
1,•-• CL„,_,_7-7 Don Ashworth I
City Manager
DA:k I
Enclosure
cc: Mr. Charles L. Van Sloun, MGM Liquor Warehouse 1
Holiday Stationstores Main Office, Attn: Legal Department
Ms. Traci M. Kelley
Ms. Laurie A. Spagenske I
Mr. Larson: Our records indicate that you have not applied for, II
nor received, a cigarette license since you began operations.
Attached is an application for a cigarette license as well as a
bill for all previous years. Payment is required before the City II
will issue your 1991/92 off-sale liquor license.
. 1
II
City Council Meeting - April 8, 1991
Councilman Mason moved, Councilwoman Dialer seconded to approve the City Council
Minutes dated March 25, 1991 as amended and the Planning Commission Minutes
• dated March 20, 1991 as presented. - All voted in favor and the motion carried
' unanimously.
VISITORS PRESENTATIONS: None
1 PUBLIC HEARING: HEARING AS A RESULT OF VIOLATIONS FOR SELLING LIQUOR TO MINORS,
MGM LIQUOR WAREHOUSE, BROOKS SUPERETTE AND HOLIDAY STATION STORES, APPROVAL OF
1991/92 LICENSES.
Public Present:
Name Address
Todd Preuschl Holiday Station Stores
' Richard Larson
Deputy Larry King MGM Liquor Warehouse
Carver County Sheriff's Department
' Mayor Chmiel: Anyone wishing to address this specific item at this time? Don?
Don Ashworth: Would you like me to give an overview? At the last City Council
meeting the Council looked at pending on and off sale liquor licenses. As a
part of that process, staff does inform the City Council of any infractions that
had occurred during the past year. The three you had noted occurred on one
' evening and in talking with the police and Sheriff's Department, they really
felt that we would not have this type of problem into the future. That they had
talked with the three parties and felt again that it would not be a problem.
The Council action was to allow staff to continue processing those applications
' so there was nothing, no action taken by the City Council *that would take away
from those licenses. However, the City Council did ask that the three parties
come before you and really talk about how or what they are doing to insure that
this type of incident would not occur into the future. The Council has a copy
of the letter that was sent to each of the three property owners and I see that
Mr. Larson is here but I'm not sure I know. Is anyone here from Brook's?
' Mayor Chmiel: I don't see anyone here. They were all informed and requested to
be here?
' Don Ashworth: Yes. All three received, well in fact in most instances the
letter went to 2 or 3 individuals. The clerk or person who was involved with
the incident on that night. The owner, if local such as Mr. Larson and then the
' company in cases like Brook's or Holiday.
Mayor Chmiel: Being we have two of the people here, I guess what we're really
looking to see is to have you come up here and tell us how you're going to try
to eliminate. Not try but eliminate the problems that existed and making sure
the people that are being sold either beer or liquor are really checked out
fully. It is a concern to the Council. We look at it from two different
' standpoints.
' 3
-- ------ ------- -------- - - - -
City Council Meeting - April 8, 1991
Todd Preuschl: Okay. In the past we are all trained to card everybody
regardless of age, within reason and that's been the strict guidelines by
Holiday. They have a policy set regardless of who's working welling cigarettes
or alcohol beverages to minors, it won't be tolerated by the store. First time
is a 3 day suspension which our clerk did receive without pay. Second time is
immediate termination and prosecution under the full extent of the law. She's a
very, well the person it happened to, she's working right now as a matter of
fact . She is one of my most trusted and valued employees and I'm sure this is
just an isolated incident . I haven't had any problems other than this one time
in the year that I've been manager at the store. In fact we've caught quite a
few people as far as forgers and thieves as far as we finally got ahold of the
condom thief and so forth. Also some other youngsters trying to get away with
switching beer from 12 packs of Coke to 12 packs of beer. Doing the old
switcharoo and we caught them. I think they're being prosecuted at this moment.
I'm not sure. But as far as I know, we've done all things possible as far as
our company guidelines are set in conjunction with the State guidelines too.
Mayor Chmiel: Are there specific requirements that you indicate to your
employees when they come on board?
Todd Preuschl: Yes. I personally train every employee that walks through the ,
door now. They work with me for one week. Then they're cut free with
assistants. My assistant manager, I have two now thank God. But I've been
under staffed for about a year but it's not becoming fully staffed again. I had
some problems there but they got ironed out now. I haven't had any problems
since then. Our store's been running pretty well. Hopefully it looks nice for
• the community and services everybody well. I hope so anyway. '
Mayor Chmiel: I think that's right. It does. The only thing is as I said. We
just , maybe the rest of the Council would like to say something. i
Councilwoman Dimler: I'd just like to ask. Did I hear you say that you card
everybody within reason unless they're obviously?
Todd Preuschl: Yes. Everybody within reason.
Councilwoman Dimler: Okay, so why the slip up obviously here? '
Todd Preuschl: I'don't know. I wasn't there myself that particular evening. I
was given a telephone call as soon as the incident occurred and I came out to
the station immediately. I'm only 5 minutes from the station so. I'm sure they
were extremely busy. I'm not even sure which night. It's been so long ago I
can't remember what night it actually happened. It could have been a shipment
night when we have boxes laying everywhere and one person in the security area
and she's just trying to get the people flowing out the door. That's a very
good possibility.
Councilwoman Dimler: But you plan to keep that policy? ,
Todd Preuschl: Absolutely. That is a directive from our main office. It's
also my directive and I was really tee'd off at ker because she didn't follow my' II
directive. I've told them all hundreds and hundreds of times so the next time
she's, it doesn't matter what happens. She may be a valued employee but she
4 ,
1
City Council Meeting - April 8, 1991
will hit the road the next time if it ever happens again. That includes myself.
If it happens to myself, the same thing applies. So it doesn't matter who you
are.
Mayor Chmiel: Anyone else? If not, thank you. Appreciate it. Dick?
' Richard Larson: Good evening. Richard Larson, MGM Liquor Warehouse, Chanhassen
and Waconia. A couple of points from my business' standpoint. The second thing
that I did in September of 1982. The first thing of course was receiving my
license from the City of Chanhassen. The second thing was to establish repoire
with the Carver County Sheriff's Department, at that time Chief Jack Hendrickson
and arrange for the implementation of off duty deputies to work in our
establishment expressly for the purpose of checking ID's. This was set up on a
weekend only basis and to this day occurs that way unless we feel we have some
reason to bring them in on special duty basis. The reason I bring this point up
is I would like to stress to the Council and to the City of Chanhassen that our
' number one priority since day one is to run a clean operation. We know we're a
regulated industry. We understand the implications of intentionally or
unintentionally mistakenly sell to an underaged, intoxicated or even for that
matter, belligerent individual. What we have been doing, we've been open now
' for 9 1/2 years. This is our first chargeable offense. The individual in
question has been employed at the store part time. Full time during the day,
part time in the evenings, for a little over 5 years. He's a 34 year old
gentleman. I myself also was not there on the night of the incident. I did
talk to the person in question and my obvious question of course to begin with
was, how come you didn't card him? The response from the individual .was that
the person appeared old enough. I've never seen the individual in question. I
' have no idea and I'm not using that as an excuse but the guy that did not card
him is a guy who is one of our most aggressive checkers. The Minnesota Licensed
Beverage Association is an industry association that we are a member of and have
been for the last 10 years. It is an organization that not only helps our
industry, legislatively, politically, but also allows individual owner/operators
the advantage of training, both preventive and well for that matter defensive.
' It's kind of the nature of our business. And all of our employees are required
to attend what they call TM seminars which are Trainer Management seminars. Not
only in the identification of a potential underaged situation but also the
identification of intoxicated or otherwise influenced customers. It's something
that I've always done. I've always stressed. I am confident that my 13
employees here in Chanhassen, my 7 employees in my Waconia operation, I could
obviously parade them all in here and sing song in verse of the training that
they receive. It's an ongoing program. I'm an owner/operator. I'm in the
store. Some of those in this room are customers and I think that for those who .
know me, they understand that what I say is how things go. I'm a hands on
' operator. Always have been and I am here to answer any questions. I also have
Deputy Larry King with me for one reason and that is Deputy King has been the
scheduler of our security since 1984. Bob Bergman did it before that and I felt
that Larry, not representing Carver County Sheriff's Department but representing
myself in the 9 years of our relationship, understands how we run our operation.
How his deputies are instructed. What they're to do and he's here to answer
questions that may come up. I am here now to address any questions that you,
II the members of the Council and the Mayor would have.
11 ' 5
1
City Council Meeting - April 8, 1.991 - -Mayor Chmiel: Good. Thank you. Does anyone have any specific questions at "-
this time?
Councilwoman Dimler: I guess I'll ask the same question. Do you card '
everybody?
Richard Larson: No. It 's a very difficult question that's been since 1933 I '
suppose. I don't know. What we do is we try to establish guidelines. There
are certain procedures that you follow. Obviously physical appearance.
Actually the second question that comes after physical appearance, if there's a
question, you look at some of the things that people do. You look at whether or
not the person that's standing on the other side of the counter is looking at
you or looking down or to the side. You look and see, for some reason it 's very
significant what they're wearing both male and female. We've tried different
policies. We've tried the policy card everybody. It's a good policy but
there's a catch. If for example Councilwoman Dimler you're in line. I'd like
to say that you probably need to be carded but if we have a policy that
everybody needs to be carded and you're there to make a purchase. You don't
have your ID. What do we do? You're probably 21. I would say that you
probably are but the person that was in line behind Councilwoman Dimler is 21. I
sell you your goods and you go on your way and I ask that young man for an
identification. He says but I've got mine. Here it is but you sold to her and
she didn't have it. Why? It's an unusual situation but you're discriminating.
So we've tried anyone that appears 30 and under. Okay? A 21 year old clerk's
opinion of who appears 30 and under is much different than a 38 year old so what
. we have done is we use the training that's offered to us through our
organization. It 's a step by step procedure of looking at the customer.
Identifying the situation. Watch their body language and go from there.
Councilwoman Dimler: I was in a restaurant once and they had the cutest little
button and I don't think it offended anybody. It said, you've got the cutest
little baby face, may I see your ID and they card everybody and I don't mind it.
Richard Larson: Again, those have been offered to our organization statewide
on many occasions. We've tried that. I don't know why certain people become
offended by asking for identification, be they 21 or 85 but we have found that .
that's the case. Men more so than women. Sometimes a confrontation arises
between a clerk and a customer simply for asking the question when in fact the
answer is obvious. And until we figure out a way to solve that problem, I think
we're going to have to stick with the guidelines that have been set up.
Actually Robert Schafer who is the drug and alcohol kind the of the guru at the
University of Minnesota is the one that has set this program up. Sharp
individual. They're studied all these, the good, the bad, the pluses, the
minuses and this is what we run with. We have to. Any suggestions that we
could receive from anybody, including the Council of course would be more than
welcomed as this is an issue that we've wrestled with for a number of years.
It's a difficult issue to deal with. '
Mayor Chmiel: . Okay. Anyone else?
Councilman Wing: Did you want to call on Deputy.King? I
Mayor Chmiel: If he'd like, sure. Would you like to come up Larry?
6
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City Council Meeting - April 8, 1991
Larry King: He's already issued my disclaimer so I won't say anything more
about that . But any questions about scheduling or any of the duties we have
within MGM, I could probably answer those.
Councilman Wing: Can you at all represent a deputy that served Chanhassen for
decades with a question?
Larry King: I was assigned to Chanhassen for about 12 years.
' Councilman Wing: Yes sir. All I wanted to know, Larry we had 3 right in a row.
MGM, Brook's and Holiday all had this same violation occur in a short period of
time. You've been in the city a lot and worked with us a lot. Were these random
historic events or might we have a problem? Might there be a need to clamp down
in your opinion? I mean here's 1, 2, 3. They happen random but maybe these
things are going on constantly up until someone brought attention to it. Would
you consider these irrelevant events or something to be clamped down on and
' watched much closer from this point on?
Larry King: Even one sale, I don't know if you could call it irrelevant but I
think in the world of realities, there's always been and probably will always be
some under aged purchase and consumption until the system's developed that's
full proof. As long as there's human beings involved in the sale, there will be
•
' some mistakes over time. From an enforcement standpoint, I would be most
alarmed if we were getting consistent information or responsible individuals
reporting somebody regularly selling to individuals under aged. Or people of -
age who were supplying. Those are leads that law enforcement, we follow up on
on a regular basis. But from the store's standpoint, we were hired by MGM to do
one thing and one thing only and that was to stay at the front of the door. We
don't look for shoplifters. Generally we don't help carry out unless the stock
' guy's backed up but we're basically there for one purpose. It's to stay at the
front of the store and to watch for under aged purchasing or false
identification issues. That 's what we've done to the best of our ability but to
' this day I can't stand before you and .tell you that I'm full proof either.
There may have been nights I've been on duty there and someone may have slipped
through that I thought was old enough too. Unfortunately it does occur. 'I
don't see it as a problem right now and I think spot checking certainly is a way
of keeping the industry on it's toes. I don't say that that's wrong. It's just
again a world of reality. It does happen unfortunately.
Councilman Wing: I think the Council's kind of called a red alert here and I'm
just saying, might we be able to call off the red alert a little bit? You're
not seeing a big flag waving? -
' Larry King: No. In the 12 years I've worked here, I never received any
information that anybody was intentionally selling under age in the city. We
did have some other problems with on sale locations and we dealt with those
directly but never with any of the off sell.
Councilman Wing: I think really what you're saying is the intent is just not to
I sell to an under aged individual. That's really not the intent of the store.
Just to make another whatever it is for whatever they're buying. .But we're so
strong into the standpoint of our drug task force within the city and all these
things all tie in together and somehow if we can keep kids out of this town from
7
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City Council Meeting - April 8, 1991
/I
buying,y g, th at s what we really have to do. That's the main intent of the Council
as well. We're not here to publically ridicule. That's not the intent. But we
do want to see that the checks are made on anyone that looks anywhere close or
those that you have question or sometimes you think maybe they're old but yet
maybe they should be checked. I think that's a very important thing for us to
have within the City of Chanhassen. Not just an easy spot to stop and pick it II
up because that was indicated from the individual who said, I can go anywhere
and buy and I'm under age. And he said okay, let's see. Show me and they did.
And this wasn't the only place. This wasn't the only town. It was all over. '
Larry King: This has occurred in the past. In the 6 years, I've worked there 9
years and the 6 years I've been responsible for the scheduling, personally I've
made dozens of arrests in the store for people with either false identification
or for already purchasing and so from an enforcement standpoint we do take a
very aggressive stand. Mr. Larson's also been very firm about anybody that's
belligerent or even with a bad attitude in the store and we've asked those
people to step out even though they're of age. The issue has been one of being
obnoxious or whatever to a clerk so from his standpoint he's very conservative
on the entire issue. Whether it's under age consumption or any type of behavior
that relates to alcohol or abusive substances. We have dozens of arrest reports
documented. I don't think we'd have the time tonight to go through all the
statistics but personally I've arrested dozens and I know the other 8 officers
that have worked there, they've also been involved in the similar type of
arrests. .
Mayor Chmiel: Thank you. Anyone else?
Councilman Mason: Just in general, I was one of the people that did some
rambling about this 2 weeks ago and I do appreciate the fact that it's, I was
just talking with a friend of mine who used to bartend and he was telling me how
difficult it is with that issue of knowing where the line is. I appreciate the
fact that you folks came in and talked about it. I think it's clear you guys
are trying to do what you can do. I recognize it's a very difficult problem and
I appreciate you coming in tonight. Reinforcing what I've kind of felt about
your organization anyway. So thanks.
Mayor Chmiel: One other point I'd like to bring up is, I would like to see '
Brook's Food Market, being they're not here this evening, I want to see them at
our next Council meeting.
Councilman Workman: I guess I hadn't heard it explained the way Rich explained
it and myself being I think the youngest person on the Council. Up until not
that long ago I was getting, if I went into a place where they didn't know -me,
they would card me.
Councilwoman Dimler: Rightfully so. 1
Mayor Chmiel: You've got a baby face is what she's saying.
Councilman Workman: Yeah, I have the Larry King look. But you know, it's cute ,
and it's fun and you know when I'm really old like 45 I'll really appreciate
that but when I'm 25 and I'm 26 now it's not so cute anymore that I'm getting
carded and you want to get a little respect you know. I'm going to be 32 this '
8
City Council Meeting - April 8, 1991
year and I still get the feeling if I go into a store where they don't know me
that they're going to ask me. And you know, I can remember after a hot summer
' day after going into a store like that and somebody much younger than myself
telling me or presenting to me, I want to see your ID. I didn't start a fist
fight but it was like you know, I'm getting a little tired of this and you get
' your eyre up a little bit . So I never really had it explained to me but I did
have it explained to me like this, because I asked the person. I said why are
you carding me? Do I look like I'm 18? They said it's not that you look like
you're 18 if you're 28. It 's that there's a lot of 18 year olds that look like
they're 28. And so then I felt good and they got me the heck out of the store.
But I mean, because it did become a point with me because it was just happening
all too often. Did I go in with that dumb look on my face or whatever. What's
the problem? Am I looking her in the eye or something? But I do want to
' . reinforce the Brook's thing. I think we've had some cigarette sales problems
there also. Maybe there's some leadership problems down there. I don't know
what kind of action we can take to, May 1st is the effective date of the liquor
licenses probably but I would be all for strong demands, if in fact they're not
taking the Council serious in this matter. I do appreciate the gentlemen that
have come in and helped us to rectify the problem.
tMayor Chmiel: Is there anyone else wishing to address this? This is a public
hearing as I mentioned. If hearing none, I'd like a motion to close the public
hearing.
II
Councilman Wing moved, Councilwoman Dialer seconded to close the public hearing.
All voted in favor and the motion carried. The public hearing was closed.
IMayor Chmiel: Any further discussions?
' Councilman Wing: I would move not approving the Brook'sSuperette license
pending their appearance before the City Council prior to May 1st.
Mayor Chmiel: With the approval of the MGM and Holiday?
Councilman Wing: Yes. Approval of MGM and Holiday.
' Don Ashworth: This, if I may Mr. Mayor.
Mayor Chmiel: Yes.
' Don Ashworth: Following our last meeting I felt that the Council's intent was
to try to discuss with each of the owners and so this was not established as a
hearing under which you would deny a particular application. It was my belief
' that if we ended up not having a .response from the owners, you would still have
a 2 week period of time to our next meeting, to send a formal notice and at the
end of, or I should say at our next meeting if Brook's at that time would decide
' not to attend again, you'd be in a position to deny that application but it
should not occur this evening.
Councilman Wing: That covers the intent of my motion. I withdraw that motion
I - then accordingly.
Mayor Chmiel: Okay. Anyone second that motion?
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City Council Meeting - April 8, 1991
Councilman Workman: I second that non motion. /I
•
Mayor Chmiel: Alright . I guess all we have to do is move right along. Is that
right Roger? •
Roger Knutson: Yeah. Just vote on the motion.
Councilwoman Dimler: I'd just like to say without a motion here, just ,a couple
comments and I know now that the two applicants that did come in and they have
really explained their procedures and I think they are doing a good job and this '
was just an isolated incident but I do think that because Brook's chose to
ignore it , I do think maybe it is in order because I remember when I made the
motion originally. We didn't even know if it was supposed to be a public hearing
or not but we did refer to legal counsel at that point and Roger recommended
that we have a public hearing. But it was my understanding at that point in
your memo Don that we could at that time deny or do revocation of a license
even. So I do think a motion is in order.
Mayor Chmiel: Can I address that just a little? The existing license is still
operating. We have not pulled that. ,
Councilwoman Dimler: That 's correct.
•
Mayor Chmiel: And what you're saying is if they are not here by the next ,
Council meeting that we then have that opportunity to withdraw that license from
" Brook's? -
Councilwoman Dimler: Well it was my understanding that, the motion that I made
•
was to pass them all except the three that we were going to.
Mayor Chmiel: And we did that last week. Or 2 weeks ago.
Councilwoman Dimler: Yes. So Brook's right now is not on the list to be, you
know it was not passed with the consent agenda. And it was my understanding now
that we have to make a motion that we will approve Holiday and MGM but because
•
Brook's didn't appear, that we wouldn't.
Councilman Wing: Which is still actually just pending.
Mayor Chmiel: Yes. But we're still giving them that opportunity to be present
at our next council meeting prior to the May 1 deadline?
Councilwoman Dimler: Oh sure. Absolutely. Yes.
Councilman Wing: With a letter I understand being sent?
Mayor Chmiel: That 's correct. A letter will be sent requesting that they be
present at that meeting.
Councilwoman Dimler: I want to make absolutely sure that we did, that we were '
going to move MGM and Holiday now because I don't think they were included.
Mayor Chmiel: We did move that already.
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City Council Meeting - April 8, 1991
Councilwoman Dimler: No, I think we withdrew those three. Last time I'm
talking about . I want to make sure that they are now on.
•
• Mayor Chmiel: That 's correct .
Councilwoman Dimler: But Brook's again is still on hold until they appear
before us.
•
Mayor Chmiel: I would say that that motion is correct .
Don Ashworth: Perhaps staff misunderstood the intent. It was our belief. It
takes the State 30-45 days to complete the licensing process so we initiate a
process here. The Council ends up approving a letter that would go to the
' State. The licenses then come back to the City before they're actually given to
each of the owners. It was our assumption that you were allowing the processing
to continue. In other words, for staff to submit the entire list to the State
but with the understanding that we would meet with the three owners. We looked
at the first meeting, this one as an informal one in which we'd try to get input
from the owners and assuming we received cooperation, that the Council would
again allow those licenses to be issued. What I'm hearing the Council say is
that you do want to look at a potential revocation associated with Brook's. We
will now send Brook's a formal letter stating that since they did not attend the
informal session, that they need to be here 2 weeks from today as the Council
will consider on that evening formally revocating their license.
•
Mayor Chmiel: Either approving or revocating. .
Don Ashworth: Right . Do you agree Roger?
Roger Knutson: Technically what you're doing is you're not approving a new
license for next year. Not revoking their current license. Just not giving
them a license for next year.
' Mayor Chmiel: That 's correct. Now that there's clarification, I think a motion
is in order.
Don Ashworth: I was also going to say, I see Brook's as a company store.
Potentially they simply haven't received this letter.
Mayor Chmiel: The manager has jurisdiction over that store and should have been
' here.
Don Ashworth: I agree.
' Mayor Chmiel: Okay. I would like that as a motion. Someone make the motion?
Councilman Wing: That would be the motion to approve MGM and Holiday?
' Mayor Chmiel: Right.
' Councilman Wing: And we're really putting on hold Brook's Superette prior to
their appearing before the Council prior to May 1st?
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City Council Meeting - April 8, 1991
Mayor Chmiel: Right.
I
Councilman Workman: Second. '
Councilman Wing moved, Councilman Workman seconded to approve the 1991/92 liquor
licenses for MGM Liquor Warehouse and Holiday._ Brook's Superette will be put on
hold subject to appearing before the City Council prior to May 1, 1991. All
voted in favor and the motion carried unanimously.
APPROVE CONTRACT AMENDMENT $1 FOR HNTB. AUDUBON ROAD SOUTH, PROJECT 89-18.
Charles Folch: Mr. Mayor, members of the Council, this item was presented
before you at the last City Council meeting and was tabled pending further
information and a better explanation for this contract amendment and a
description of the remaining work to be completed. At my request the project
consultant engineer, Chet Harrison has provided two letters which are included
in your packets. The first letter describes, further describes the need for
these additional services and differentiates which portion of this contract
amendment has actually been performed in 1989 and what portion is for remaining
work to be completed this year. The other letter further spells out exactly the
remaining work on the project to be completed and the associated engineering
services. Chet is here tonight to address any questions that, further questions
that you may have on this matter. 1
Mayor Chmiel: Okay, let me just ask one specific question. I tried to see you
today but I missed you. The additional 75 hours. We go to another second
billing dated February 19th and under the Construction Engineering Services cost
to date. Estimated, project manager was 240 hours. We spent 205. The
estimate to complete is 60 for a total of that 265 hours. Now if we had the
estimate at 240, we only spent 205, shouldn't we have 35 hours plus that we
should have credit for taking that off to the 60? Maybe you can address that?
I was just doing a little simple arithmatic there and I was just.
Charles Folch: Maybe Chet would be better familiar to answer that question.
Chet Harrison: I hope I can and I apologize for not being at the last Council
meeting. I stated so in my letter that I submitted to you and I do apologize
for that because I like to be here to answer these kinds of questions when they
come up originally. What we did in the column of spent hours is actually what
we have billed. So we have not billed you for 240. We have billed you for 205
so what I'm saying is that to complete I need 60 and in fact I'm asking for an
additional 25 hours to get the project completed over what it was originally
estimated. Does that answer your question?
Mayor Chmiel: Okay. Estimated and completed. You're looking at 60 hours
additional?
Chet Harrison: Right. It's actually 25 addition hours from the original
estimate but we haven't spent, we haven't billed you for 240. We've billed you
for 205.
Mayor Chmiel: Alright. Very good. Now some of the other things that I was
looking. For the existing survey of what was done on the road, wasn't all of '
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