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ARDEN HILLS CITY COUNCIL—December 13, 2010 17 T R US 10/Highway 96 Grade Separation Project — Environmental Assessment Review (continued) 96; and the construction of noise walls in the southwest quadrant. He clarified that the discussions regarding the dirt and fill generated from the project will be discussed with the County outside of this document. MOTION: Councilmember McClung moved and Councilmembcr Holden seconded a motion to Authorize Staff to Submit Comments on the US 10/Hiahway 96 Environmental Assessment to Ramsey County on Behalf of the City of Arden Hills Including the Comments of the City Council as Summarized by Public Works Director Maurer. The motion carried unanimously(5-0). C. Administrative Hearing for Arden Hills Tobacco Compliance Violation City Administrator Klaers stated on November 24, 2010, the Ramsey County Sheriff's Department conducted tobacco compliance checks in Arden Hills. Arden Hills Tobacco did not pass this compliance check because one of their employees sold tobacco products to a minor. Subsequent to that incident, the Ramsey County Sheriff's Department received a complaint that another violation had occurred. According to City Code, prior to the imposition of a fine for a tobacco sales violation, a hearing must be held before the City Council unless the license holder elects to waive his right to a public hearing. The owner of Arden Hills Tobacco was notified of the fine and hearing via certified mail on December 6, 2010 and asked to respond by December 9, 2010. The City has received no response. Arden Hills Tobacco passed the December 6, 2010, compliance re-check conducted by the Ramsey County Sheriff. This is an administrative hearing being held in compliance with City Code. Per City Code and the City Attorney's recommendation, the fine for two violations is proposed to be imposed. City Attorney Jerry Filla clarified a hearing is an opportunity for the licensee to respond to the citation and fines being proposed. Mr. Ibrahim Aqel, Owner of Arden Hills Tobacco, stated that he has taken the recommended measures to ensure that a tobacco sale to minors does not occur. He provides the proper training to his employees but he cannot be with them all the time. He does not dispute the citation on November 24 but does dispute the sale that allegedly occurred on November 27. The store passed a violation check on December 6 and he stated that the sales clerk would not have had a tobacco sale to a minor so close to the first citation. Mayor Harpstead asked if there was surveillance tape for the incident on November 27. The time documented for this occurrence was noted at 5:00 p.m. Mr. Agel stated he had not received a copy of the police report for the incident on November 27 so he did not have surveillance tape of this available. City Attorney Filla pointed out there was sufficient legal evidence to consider two separate violations had occurred and two fines could be imposed. There is no reason to doubt the minor or the minor's parents in the second incident.