01-22-2008 CC MIN - Laserfiche WebLink

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Citq Council Minutes January 22, 2008 Page 6 Mayor I{linzing opened the public hearing. There being no one to speak to this issue, Mayor • Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 08-02 AMENDING THE ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED, CASE NO. ZC 08-01. MOTION CARRIED 3-0. 7.1. Administrative Hearing for Aldi Foods Inc Rega_*ding Alcohol Compliance Check Ms. Allard presented the staff report. Bill Duesenberg, District Manager for Aldi's-Stated that Aldi's had just opened up and has all new staff members. He stated there are 45 stores in his division with 23 of them in Minnesota and this is the only compliance check they have ever failed. He apologized to the Council and asked them to consider waiving the penalty. He stated he has setup training through Sherburne County for all the Aldi's employees in his district. Councilmember Farber stated it wasn't fair to have the other four failed licensees pay the penalty and then reduce it for Aldi's. Councilmember Morin concurred and stated he didn't see any special circumstances that should be considered to deviate from the penalty. Mayor Klinzing stated the Council can't deviate from the penalty unless there aze mitigating circumstances and she didn't feel there were any in this case. • Mr. Beck stated there should be a resolution denying the appeal and enforcing the penalty as provided in the ordinance. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO DENY THE APPEAL AND TO ENFORCE A $500 PENALTY TO ALDI FOODS, INC. FOR AN ALCOHOL COMPLIANCE VIOLATION ON NOVEMBER 15, 2007. MOTION CARRIED 3-0. 7.2. Consider Tobacco License fo Ali Sadeq Al's Smoke hop Inc Ms. Allard presented the staff report. Councilmember Farber questioned the position of the U.S. Attorney. Chief Beahen stated the U.S. Attorney's office responded by stating it is not their position to give or not give approval to any process the Council may be involved in. He stated they adamantly denied getting involved in this matter. Mr. Beck stated Mr. Sadeq indicated he has no affiliation with Sabry Wazwaz and suggested a condition to the license stating that the city would have grounds to consider revocation of the license if it became aware of Mr. Wazwaz, or anyone else not meeting the qualifications for a license, having any ownership or management rights and responsibilities in the business. ~, ..