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4. Axel's Compliance ChecksCITYOF CHANHASSEN /700 P!ark.i Bouieva c~ PO [}ox 147 (}!iarr~lassen MN .55317 Administration Ph(~e 952 2? 1100 Fax %2 227 11!0 Building Inspeclions Fax 952227 1190 Engineering Ph~'~u 95? 2271160 Fax 952 22~ ~170 Finance Psr;~ 952227 114U F~x: 952 227 11 ~0 Park & Recreation P~ 952227 1120 Fsx 952 227 ~1!~) 2310 (} ul[u Boulev}rd qa~u 952 2?7 i400 Fax 952 22/!404 Planning a Natural Resources Fa~ %?2'27 !110 Public Works 15m Park R(a: Phor(}: 952 22 1300 Fax 952 227 Senior 6enler Pt~one )52 227 1125 F~x 952 227 11!0 Web Site t,w:. 3 o~a,~tsassen r~r us MEMORANDUM TO: FROM: DATE: Todd Gerhardt, City Manager Karen J. Engelhardt, Office Manager March 1, 2004 SUB J: Update on Internal Compliance Checks, Axel's, 560 West 78th St. As you may recall, Axel's failed compliance checks conducted by the Carver County Sheriff's Department on October 7, 2002 and then again on June 6, 2003. Both violations involved the sale of liquor to minors. The City Council assessed the following penalties against Axel's: · First Violation: Axel's paid a $1,000 fine. Second Violation: Axel's paid a $3,000 fine, made a $500 donation to MADD, attended a Victim's Impact Panel, and is required to report back to the City Council within 6 to 12 months on the progress of their in.- house compliance checks and training. Attached please find information that Axel's has supplied that supports completion of the requirements for the second violation. Representatives of Axel's will be present on Monday night. No action is required by the Council. The 6ilt ot 6hanhassen · A growing ,;orx~n~un,t'v with clean lakes, quaiity schools a charming downtown, thriving businesses, winding trails, and beautiful parks A great place to liv~ work and river grille MARCH 1, 2004 TO ALL CITY COUNCIL MEMBERS: AXEL'S HAS MADE NUMEROUS CHANGES IN OUR POLICIES TO MAKE SURE WE ADHERE TO ALL LIQOUR LAWS. WE AS A COMPANY IN WHOLE HAVE BEEN PREFORMING IN HOUSE COMPLIANCE CHECKS. WE HAVE A ZERO TOLERANCE POLICY IN THIS MATTER. WE HAVE IMPLEMENTED A YEARLY ALCOHOL TRAINING SEMINAR DONE WITH ALL THE EMPLOYEES. ALSO, TONYA SWENSON AND BARB KUZELKA ATTENDED A MARD SEMINAR RECENTLY. WE WILL CONTINUE TO DO THIS AS WELL. WE PRESHIFT ON THIS MATTER EVERY PRESHIFT WITH OUT STAFF. WE HAVE CALENDARS WITH TODAYS DATE AND THE DATE OF THE DRINKING AGE. WE BOUGHT BOOKS ON VALID IDENTIFACTIONS. WE PUT ON OUR COMPUTERS WHAT THE DRINKING AGE IS AS OF TODAY. SINCERELY, i CRISTI ANDERSON GENERAL MANAGER 1318 Sibley Memorial Highway Mendota, Minnesota 55150 (612) 686-4840 Fax (612) 688-3413 AXEL'S/BONFIRE COMLIANCE CHECK COMPLETION FORM RESTAURANT: DATE: NAME: D.O.B. SERVER/BARTEND NAME: PASS OR FAlL SIGNATURE AXEL'S/BONFIRE COMLIANCE CHECK COMPLETION FORM RESTAURANT: NAME: SERVER/BARTEND NAME: PASS OR FAlL4~/~ ~5>c9 SIGNATURE '~'~J ?~'//: '" AXEL'S/BONFIRE COMLIANCE CHECK COMPLETION FORM RESTAURANT: DATE: SERVER/BARTEND NAME: PASS OR FAIL SIGNATURE AXEL'S/BONFIRE COMLIANCE CHECK COMPLETION FORM RESTAURANT: NAME' SERVER/BARTEND NAME: PASS OR FAIL SIGNATURE AXEL'S/BONFIRE COMLIANCE CHECK COMPLETION FORM RESTAURANT: SERVER/BARTEND NAME: PASS OR FAIL SIGNATURE, 02/27/2004 15:17 Axel's/Bonfire in-store Compliance Check Policy starting immediatley, we will be conducting monthly in-store alchohol awareness compliance checks. We will be using decoys between the ages of 21-25 to test employees at random for prohibiting sales of alcohol to under-age persons, and requiring positive identification bearing proof of age. If you fail an in-store test, you will receive a one week suspension without pay. We are conducting these in-store compliance checks to better insure that our staff adhere scrupulously, and at all times, to laws prohibiting the sale of alchohol to under-age persons. Thank you, l_~inda Young and. CharH¢ Burrows 02/2?/2004 15:18 6517350094 CHARLIER~E PAGE 02 THE HENNEPIN COUNTY MAI VICTIM IMPACT PANEL Minneapolis Community & Technical College, Bul 1415 Hennepin Ave. Minneapolis, MN 55403 COMPLETED THE HENNEPIN COUNTY MADD VICl IMPACT PANEL HELD ON JANUARY 17, 2004. A $35.00 CASH FEE HAS BEEN COLLECTED. THIS IS YOUR RECEIPT OF VERIFICATION OF ATTENDANCE. THIS WILL BE THE ONLY VERIFIC3 WE WILL PROVtDE"TO YOLt: DO NOT't40~E YOU.R. RECEIPT. DANITA L. AHRENS, HENNEPIN COUNTY VICTIM IMPACT PANEL COOI~ REGISTRATION LINE 651-220-0866 MADD, Hcnncpin County Chapter ~D lding T 'IM ~TION DINATOR 15:18 6517350094 CHARLIER~E THE HENNEPIN COUNTY MAI VICTIM IMPACT PANEL )D Minneapolis Community & Technical College, Building T 1415 Hennepin Ave. Minneapolis, MN 55403 SWENSON, TONYA IRENE COMPLETED THE HENNEPIN COUNTY MADD VIC~ IMPACT PANEL HELD ON JANUARY 17, 2004. A $35.00 CASH FEE HAS BEEN COLLECTED. THIS IS YOUR RECEIPT OF VERIFICATION OF ATTENDANCE. THIS WILL BE THE ONLY VERIFICI WE WILL PROVIDE TO YOU. DO.NOT LOSE yOUR RECEIPT. JIM ,TION DINATOR DANITA L, AHRENS, HENNEPIN COLINTY VICTIM IMPACT PANEL COO! REOISTRATION LINE 651-220-0866 MADD, Hennepin County Chapter 03 11/13/208S 09:58 6517368894 CHARLIER~E Activism J Victim Services f Education' September 10, 2003 Deana Sanford Chadie Rae, [nc. Axel's / Bonfire 1424 Weir Drive Woodbury, I~tN 55125 Dear Ms. Sanford: Mothers Against Drunk Ddving-Hennepin County would like to thank you roI donation of $500.00. We appreciate your thoughtfulness in this girt that h~ the fight against impaired driving, support the victims of this violent crime, underage drinking. The only way to solve the drinking and driving pmbtems in our nation Is to society's views and attitudes--to change the 18,000 deaths and the 1.2 mi,l( that take place on our nations highways every year. We are dedicated to m change. Because of corporate donors like you, we am encouraged to keep striving t~ mission and to keep offering assistance to victims of this violent crime. We your spirit of cooperation! Thank you once again for your support. Together, we will make a differenc{ our roadways safer. Sincerely, / Alida My~ Leif~eit Chapter Adminl~mtor Hennepln ~un~ Chair ~*=Tbis is your fete~pt. 5ave for tax pu~. ~ 77~ don~ys) In ~ of t~ ~ r~ce/ved no goods or serves for b~ ~on~fbut~ amo~ PAGE 02 Mothers Against Drunk Driving HENNEPIN COUNTY CHAPTER 3432 Denmark Avenue, PMB #248 Eagan. MN 55123 Phone (651)463-7155 Fax (651 )463-8139 your ips us win nd prevent hange )n Injuries ~king U~is wards our ~pplaud and make City Council Meeting - ~gust 11, 2003 Councilman Peterson: Motion to approve. Mayor Furlong: And a second? Councilman Ayotte: Second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? Hearing none, without objection we'll proceed to the vote. Councilman Peterson moved, Councilman Ayotte seconded to approve the request for an on-sale intoxicating liquor license, including Sunday sales, for Rey Azteca, Inc., dba Rey Azteca at 7874 Market Boulevard as presented. All voted in favor and the motion carried unanimously with a vote of 4 to 0. CONSIDER STIPULATION OF FACTS AND CIVIL SANCTION~ FAILURE OF ALCOHOL COMPLIANCE CHECK~ 560 WEST 78TM STREET~ CHARLIE RAE~ INC. DBA AXEL'S. Roger Knutson: Mayor I' 11 make a brief staff report if that' s okay. Mayor Furlong: Thank you. Roger Knutson: This matter is coming back to you. It was tabled from a previous council meeting. On June 6, 2003 the sheriff's department conducted a compliance check with Axel's and a bartender we believe sold liquor to an underage person. This is the second incident at Axel's. There was a prior one last October in which a Stipulation was entered into. The Stipulation provided on the prior offense that if there's a subsequent offense within 5 years there'd be a 3 day suspension that was otherwise due under the first violation would be imposed and they'd have to serve that. Based upon the circumstances of this case, which I've laid out in my letter to you, how the compliance check was conducted, and it was conducted in a way that was not 100 percent compliant with the requirements of our ordinance, we recommended that the City Council approve the Stipulation of Facts and Civil Sanctions which have been signed by the attorneys subject to your approval. This would result in a $3,000 fine and a $500 donation to MADD which has to be paid before June Ist. If this is approved, this would go on the record. The two violations together would be deemed as one violation and a second subsequent violation after this, which we hope there never will be, presume penalties of 6 day suspension. We're recommending approval. If you have any questions I'd be happy to try to answer them. I believe the applicant and her attorney is here as well. Mayor Furlong: Thank you. Are there any questions? Question of clarification. In the Stipulation agreement it talks about the paragraph 6, replacing the state suspension set forth in the prior agreement. Without understanding all the legal ness, this civil penalty and the donation to MADD is above and beyond what was previously paid is that correct? Roger Knutson: That is correct. They previously paid I believe $1,000 and 3 day suspension was stayed. So in lieu of that 3 day suspension, which we are, this sets aside, you're giving a total penalty of $3,000 cash. $3,000 above what was paid before and $500 donation to MADD. Mayor Furlong: Okay, thank you. City Council Meeting - August 11, 2003 Councilman Peterson: Roger let's just talk philosophically for just a few minutes. Is there anything, let's assume that I for one philosophically don't think that our state ordinances is the most appropriate or the fairest to our citizens and potentially the people that were involved in any of these kinds of situations. I mean do we have to lobby our legislators to potentially change something? As an example, if we take a license away, the question philosophically is are we punishing the right people. We have limitations on fine. With that being said, can we do anything other than lobby our state legislators to potentially change that? Roger Knutson: That would be my recommendation if you don't like what the state statute provides and we can't go beyond what state statute allows, which is different for example for violations of sale of tobacco products to minors. There are no limitations basically on the fines in what you can do them. Why they have it in one place for liquor and not for tobacco, that's a question I can't answer. Different legislative sessions dealt with it. Councilman Peterson: Do you have any recall as to how, or when the last time this was updated or changed by the State? Has this been a long standing ordinance or has it been reviewed every year? Roger Knutson: No, it's not been reviewed in, it's been $2,000 and 60 days as long as I can remember. Councilman Peterson: That's a long time. Roger Knutson: That's a long time. Councilman Peterson: Okay, thanks. Councilman Ayotte: Is there something that, the punitive aspects of things is one point but, and it's a little bit towards what Craig's talking about but I'm not a philosopher. I'm just trying to figure out what Axel's can do to educate it's staff or maybe address the way it's laid out. You know when you go into the bar, boy it's busy because you folks are successful there. I want Axel's to prosper and keep on making money and thriving because it's good for the community. And I want Axel's to stop giving liquor to underage folks. So and last time we talked to them we talked about doing something educationally, and I got a lot of north and south. You know good things are going to happen and we've got this program but there's got to be a mason why what happens happens. Is there any way that we can, as a council, request of Axel's in addition to dealing with this particular situation, truly figure out what is happening and what can be done to mitigate risk to an underage person going in there and drinking. Roger Knutson: First ! believe Mr. Ortman is prepared to explain to you, the council, what they have in mind as far as continuing practices and changing their practices. I would point out from my experience in other communities that compliance checks do have, the desired effect of a compliance check is not to find someone selling. The desired effect is to find people not selling. That's what we hope for. But in communities, other communities I work in they have been doing this for a number of years, they have found that compliance checks do have that effect. I don't know if it's universal but my experience has been that people sit up and take notice and it has had a good effect. Now some cities what you would call Best Management Practices and they have all sorts of things, but those are things also that the owner can implement I believe. They aren't full proof and mistakes still can be made, but I believe if the owner is very adamant about it and educates his employees and this is no reflection on Axel's but I know in a lot of establishments employees come and go fairly regularly and so it's necessary to re-educate or City Council Meeting - August 11, 2003 educate new employees as they come on board. And I think that can have an effect and I think Mr. Ortman would like to explain to you what they have in mind for better educational efforts at Axel' s. Mayor Furlong: Okay. Any other questions for staff?. If not, Mr. Ortman. Or other representatives. Thank you. Ray Ortman: Thank you Mr. Mayor and Honorable council members. We're here today in regard to the Stipulation and specifically to respond to Councilman Ayotte's very important question about what is Axel's doing to make sure that this doesn't happen, and we wanted to impress upon you how seriously Axel's takes this and share with you some of their existing policies and procedures and also some new ones that have been developed in light of the most recent incident, to do everything that's humanly possible to keep underage people from being able to consume alcoholic beverages at Axel' s. It will not be full proof because there's humans involved and humans make mistakes but Axel's will do everything that it can do, and is open to additional suggestions beyond what the materials we will lay before you as right now. I would like to beg your indulgence to let Tonya Swenson, the General Manager of Axel's explain to you the various things that are already in Axel's policy and then briefly describe for you the additional policies that are being undertaken in the wake of this incident, if I may have your indulgence. Tonya Swenson: Good evening. Sorry about my voice. I don't have it much anymore but I'm here tonight. I've been General Manager at Axel's for the past 3 years and I've been with the company since they were established 7 years ago. I'm here tonight to assure you that we are doing everything we believe within our power to insure that Axel's does not serve underage persons. Did you handout the, okay. Let me go through some of our policies and procedures that we've been doing over the years at Axel's. First thing is that we, Axel's generally does not cater to a younger clientele. We're more of a supper club. We don't see a lot of 21 year old or younger persons coming into our restaurant. We do hole annual liquor awareness seminars to all of our employees which are mandatory. We just finished one last Saturday, and I do have those copies of employee signatures and verification forms. My managers and I attended the County compliance seminar which was in Cologne in April. In our employee manuals it states in there very clearly in the server and bartender manuals that Axel's requires them to card anybody appearing to be under the age of 30, and we have actually even changed that to the age of 40. I do have a sign posted in the front door also that let's customers know that they will be asked for an ID if you appear to be under the age of 40. And our servers and bartenders have been very strict about that and they have actually even turned people away that obviously were over 21. Some 30-35 and some of the persons have gone home and gotten their ID and came back even. They're also, if somebody comes in and orders a drink and they have people with them and say the other 3 people have gone to the restroom, they wait until the people get back before they'll serve them. And they're watching each other's back too. Sometimes people start in the bar and then they're transferred over to tables in the dining room and I've heard many of my servers ask them, well did you ID this person already, so we've been very good about that. We also have signs throughout the restaurant. We have hot pink notes on the computers which has been there for quite some time. We have signs on our schedule board, bulletin board that says that you must card. We also hold pre-shift meetings nightly which at least weekly we talk about carding and remind the staff. The bartenders will not always attend that because they're behind the bar at the time but the manager's always sure to go back and share with them what we've talked about in pre-shift. We also type up the features for the day and at the bottom we have little pre-shift notes which usually include our carding policies. The bartender that failed the compliance check, Todd Wittenberg, was fired from Axel's. We have a no tolerance, it says in our employee manuals, which they sign when they're hired. If they do fail they will be terminated. We also have a new City Council Meeting - August 11, 2003 policy that we've come up with that hopefully will help ensure that this will never happen again. We are going to start having our own in-store compliance checks, and this is going to be at all four of our restaurants. We have put this policy in our last paycheck at all the restaurants so every server and bartender got this in their hand stating what our policy is, and I believe we've handed you a copy of that. This is starting this money at all the stores and if they fail the compliance check, they are suspended for one week without pay. And if they pass it we're going to do a either a cash or gift certificate reward. Something along those lines. I think that's about all I have for you. If you have any suggestions we would love to hear them. We are trying to do everything we can. People make mistakes. It's unfortunate so any questions for me, or any suggestions on what we can do. I'd like to hear them. Mayor Furlong: Questions. Councilman Ayotte: Yeah just, partially a suggestion, partially a question. Probably the best source of people who know how to ensure that we don't have young people going in and trying to get a drink are your bartenders and the people who wait on folks, right? It seems to me, you know a punitive action sometimes is very, very apropos, and I understand what you're doing here. But logistically when you walk into Axel's, and I've been there a few times...the ability for a bartender to control what's going on there may be difficult. Have you done anything to take a look at the way that you're set up? Have you done anything to query your employees to ask what their views are? I mean policies are great and so forth and I'm sure you're wanting to put parameters and constraints, how about the fact finding part of things? Have you talked to your employees to figure out what can be done in terms of set up, layout and so forth? Ray Ortman: If I may interject here, I'm sorry Councilman but it is my understanding that there are multiple managers. There's like a hostess station that you come into and it's the policy is working properly and apparently it failed in this case because not everyone was where they usually are, but if the policy's working properly, when anyone comes in the restaurant, those people that greet them and welcome them, you know if they look like they're young, and if they're doing their job according to the way they've been trained, they will go and alert the server or the bartender and say hey, this person looks young. Make sure you check their ID. ! know that from my visits with the Axel's people in preparation for tonight's session and I knew, I don't know if that's the respond you were looking for or suggesting Mr. Councilman but it is an indication of a way that Axel's is trying to deal with sort of multi-tiered layout of the restaurant. Where you've got someone coming in. They're greeted immediately and those people, if they're doing it the way they've been trained, will be alerting the other folks down the line... Tonya Swenson: There's also my managers and I, there's myself and two other managers at Axel's and we've also talked about this obviously and I've also asked of them to be more aware and to be watching our clientele closely so if there is an underage person, that looks underage to them, that they can walk to the bar and kind of make sure that we are carding and following our policy. Mayor Furlong: Questions, Councilman Labatt. Councilman Labatt: Just a couple comments. Well two for two with them, but I'm just wondering if you know, the fine and the donation to MADD, I'm just wondering if we can add there, you know MADD has their victim impact panels and statements. Councilman Peterson: What's that? City Council Meeting - august 11, 2003 Councilman Labatt: Where people who are victimized by drunk drivers or people who are, like Axel's who have been caught, will go and they'll talk in front of panels about what they've done and what they've experienced and how, the steps that they're implementing and how maybe other companies or establishments can increase their security measures in this compliance check. So I'd like to add that in addition to the $3,000 and $500 donation that they contact the MADD state office and offer up their services to one of their victim impact panels. Tonya Swenson: I think that's a good idea. Councilman Peterson: Supporting that, I think the idea of hiring their own person I think is commendable and a neat idea quite frankly, which I think you'll probably get more mileage out of that than you will anything else. Because if they know they're going to be checked once a month, that's different than once or twice a year and it's going to keep them attuned, which I think is a great idea. And unfortunately all of our establishments in town aren't large enough to be able to afford something like that necessarily, but with your presence in the Twin Cities area, obviously you can and move it from establishment to establishment so. And I think that having your managers go speak as Steve has mentioned, I think will be valuable for them too so. Mayor Furlong: It's a great idea. I guess the other question or comment that I'd be interested in, and again this new monthly self compliance check policy which you're instituting, you know I guess I'd be interested if you're willing to come back in 6, 9, 12 months and just let us know how it's going. And honestly report what the effect has been and maybe so we can see how it's working. And if you work with MADD on the impact, if I wrote it down right, just kind of give us some, you know kind of a, maybe there will be some more positive news at that time to report but I'd be interested in some follow-up if that's something you'd be willing to do. Tonya Swenson: Oh yeah, sure. Mayor Furlong: To come back and let us know how it's going and maybe there are other things as part of this that you find and you can, there are other policies that you've changed as well. Any other questions? Councilman Labatt: No, I'm fine with what the Stipulation says. I just wanted to add that one caveat to it, and I can supply them with a phone number right here... Mayor Furlong: Thank you very much for coming. Tonya Swenson: Thank you. Mayor Furlong: We'll bring it back to council now for any other discussion if there is some. Councilman Peterson: The only other discussion doesn't really relate to Axel's per se, as I think they've gone a long ways in dealing with a difficult, unfortunate situation but you know as I articulated a little bit, when we take the license away from an establishment, it's even more clear in my earlier comment, I think we're punishing the wrong people. Like example in this case, the bartender's gone so they're not going to be affected by closing them down. The employees that are still there that didn't do anything wrong are going to be penalized. The residents that use our establishments are going to be penalized. And obviously the ownership is, but I think the fine is a more appropriate course of action because it really hits only the owners and not the employees and not the residents but again our hands are somewhat tied and that's what's frustrating me that this is simply not what I feel is in the most appropriate best interest of our citizens and our 10 City Council Meeting - August 11, 2003 community. So I ask that the next time we have the Senator and our other legislators in here, let's talk to them about it. Councilman Labatt: Well I think, I don't know Craig if I totally agree. I still think it's, yeah the bartender's been punished but you've still got to send a message to the management. Now, I look at it being, it's no different than doing maintenance on a restaurant when you've got to close down you[grill for a day to clean the duct work. You post your notice pointing in advance we'll be closed this date, this date, this date. You know if they want to state the reason why, because their's license's been suspended by the City for selling underage they can do that, or if they want to say we're closed for maintenance but I still think it sends a message to management that we're serious. And it gives them a chance to do maintenance maybe on a couple days. Councilman Peterson: Well, what if it's 6 days or what if it's 9 days? Councilman Labatt: Well then they can remodel like Ayotte wants. Councilman Ayotte: I didn't say remodel. I just said look at the way it's laid out and deal with that from a procedure wise. There's always, any time something bad happens, good things happen. And that's what's happened here. Some of the ideas that are percolating up. I really believe the MADD organization is just excellent and the thing we want to do is make sure that young people don't go to Axel's or any other establishment, drink, get drunk and hurt themselves or others. That's the concern that I've got. And if we educate and pass information back and forth, then irrespective of down the road, this immediate situation has turned into a good thing. So let' s find a little bit of a positive aspect to this particular event. That' s all I have to say. Mayor Furlong: Thank you. I think I would agree and it's a bad situation but the key here is to keep alcohol out of the hands and mouths of those that aren't legally old enough to drink and that's everybody's goal here. I think as Councilman Peterson stated, our hands are a little bit tied by state statute in terms of how we can help accomplish that, and I don't think it's an either or. I think having both mechanisms of closure and fine is the way to go to give the council the discretion to use those, and from time to time one of those may be more appropriate than the other, depending on the circumstances so. That being said, you know in terms of this agreement I think it's reasonable given the circumstances so is there any other discussion? If not, is there a motion. Councilman Labatt: I would move that we approve the Stipulation agreement as presented tonight and with just giving Mr. Ortman direction to contact MADD state office. Mayor Furlong: Okay. As part of that request? Councilman Labatt: Yeah. Mayor Furlong: Approve the Stipulation agreement but not with. Councilman Labatt: Approve the agreement with a little side caveat of. Mayor Furlong: The two requests. Councilman Labatt: The two requests for, yep. Mayor Furlong: Okay. Is there a second? 11 City Council Meeting - August 11, 2003 Councilman Peterson: Second. Mayor Furlong: Is there any other discussion? Seeing none we'll proceed with the vote. Councilman Labatt moved, Councilman Peterson seconded that the City Council approve the Stipulation of Facts and Civil Sanctions concerning Axel's recommending a $3,000 fine, a $500 donation to MADD, and that the October and June violations be deemed a single violation, with the caveat that Axel's contact the State office of MADD to address their Victim's Impact Panels and report back to City Council in 6 to 12 months. All voted in favor and the motion carried unanimously with a vote of 4 to 0. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE LOT 8~ BLOCK RICE LAKE MANOR INTO 4 LOTS; NORTHEAST CORNER OF WEST 86TM STREET AND TIGUA LANE; 8590 TIGUA LANE~ KURT MILLER. Kate Aanenson: Thank you. The subject site, Highway 101, West 86th and Tigua Lane. The subject lot. There's one existing home on the property. The Miller's are requesting to subdivide. This is the existing home on the lot and creating 3 additional lots. It is zoned RSF. All lots do meet the requirements of the zoning ordinance. The Planning Commission heard this item on July 15th and just made one additional request and that would be that the driveway on Lot 3 move, come off as close on this side so it's not in the sight distance area. The staff and the Planning Commission are recommending approval. The conditions are found starting on page 6 of the staff report. Again it's a pretty straight forward subdivision. No rezoning involved. Just a straight preliminary plat. You'll be seeing it again when it comes back for final plat but we are recommending approval as did the Planning Commission and I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Any questions for staff? Councilman Ayotte: No sir. Mayor Furlong: The only question I had, and maybe I'll direct it to you Teresa. There was quite a bit of discussion at the Planning Commission regarding the lift station that would be associated with these 3 lots. And I know the Planning Commission asked staff to go back and re-look at it and see if there's a way to build in flexibility for the future and other factors. Have you had a chance to do that at all or could you give us an update? Teresa Burgess: That was done. I checked with Matt Saam who reviewed this plat. The lot to the south was looked at. If you remember the map that was shown first, that is Highway 312. Future 212 that bounds this area, and the property directly to the south could potentially develop, however it's limited how much land would be available for development. We estimate that one lot would possibly be able to drain towards this direction in a gravity flow system and the force main that will come off of this lift station is adequate to do that. We will design the lift station so that it can handle that additional lot. Any other property or any other lots that would potentially come out of that area would be able to gravity flow into the adjoining neighborhood and connect there but we do not see a lot of development happening there. Mayor Furlong: Okay. So we're going to make the most use out of that given that lift stations are expensive to operate, or cost money to operate obviously annually in the city's budget. 12 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA IN RE: City of Chanhassen Liquor Licensing Complaint Against Charlie Rae Inc., d/b/a Axel's STIPULATION OF FACTS AND CIVIL SANCTION The City of Chanhassen, through its undersigned attorney, and Axel's, through its undersigned attorney, hereby agree and.stipulate as follows: 1. Axel's Restaurant is licensed under Chanhassen City Code Chapter 10, Article 1I, to operate an on-sale liquor establishment at 560 West 78th Street in the City of Chanhassen, Minnesota. 2. On October 7, 2002, an employee of Axel's sold intoxicating liquor to an underage person on the licensed premises of Axel's in violation of Chanhassen City Code Section 10-47(a). The parties entered into a Stipulation of Facts and Civil Sanction concerning that violation which was approved by the Chanhassen City Council on January 13, 2003. 3. On June 6, 2003, an employee of Axel's allegedly sold intoxicating liquor to an underage person. The sheriff's report states: Whittenburg was the bartender who sold the liquor to the decoy. In Whittenburg's statement he told me that he asked the decoy for her identification, and the decoy told Whittenburg she did not have it, and would return to her car to get it. When the decoy got up to leave, Whittenburg asked the decoy how old she was and the decoy told 107464 Whittenburg twenty-one. Whittenburg then told the decoy it was okay to have the drink. 4. Section 10-36(b) of the Chanhassen City Code provides: Underage persons. If underage persons are used for compliance checks they shall not be guilty of tmlawful possession of alcohol when such items are obtained as a part of a compliance check. No underage person used in compliance checks shall attempt to use a false identification misrepresenting the person's age, and all underage persons lawfully engaged in a compliance check shall answer all questions abut the person's age asked by the licensee or his or her employee and shall produce any identification for which he or she is asked. 5. The circumstances surrounding the June 6th sale justifies a departure from the presumptive civil penalties set forth in Section 10-40 of the Chanhassen City Code. 6. Axel's shall pay the City a civil penalty of $3,000 and shall donate $500 to MADD by September 1, 2003. The penalty set forth in paragraph 6 above replaces the stayed suspension of Facts and Civil Sanction entered into concerning the set forth in the Stipulation October 7, 2002 sale. 8. For purposes of calculating possible further civil penalties the October 7, 2002 and June 6, 2003 sales shall be deemed combined and shall collectively be considered one violation. 9. Axel's waives its right to the hearing provided by Mim~esota Statutes Section 340A.415 and Chanhassen City Code Section 10-39. 10. The civil sanction set fbrth in Section 6 is contingent upon the Chanhassen City Council's approval. If the City Council rejects the sanction agreed to in this Stipulation in favor of more severe sanctions, Axel's has the absolute fight to withdraw this Stipulation and its waiver of hearing and to have a hearing before the City Council. 107464 2