2013-06-26 CC Packet - Laserfiche WebLink

Home Browse Search

City of Centerville Council Meeting Minutes June 12, 2013 VII. OLD BUSINESS 1. None. VIII. NEW BUSINESS 1. Imposition of Presumptive Civil Penalty Liquor Violation — Trio Inn — Mr. Paul Montain Administrator Larson stated that the Trio Inn failed their state mandated liquor compliance check in January, 2013 and per City Code, the establishment/owner has an opportunity for an administrative hearing which is taking place this evening. The presumptive penalty for a first violation is $500 plus license suspension of five days, but may be modified by City Council. Mr. Montain was present. Attorney Glaser stated that a bartender served a minor in January, 2013 and that Mr. Montain is not objecting to this charge. He is requesting that the City allow him to pay the fine without suspending his liquor license for the five day period. Mr. Montain requested that Council consider accepting a larger fine, not more than double the current amount of $500 in lieu of the 5 day suspension. Mr. Montain apologized for the incident and stated that he has numerous policies, aides and procedures to ensure that this type of mistake does not happen; however, a mistake was made. A Motion was made by Council Member Fehrenbacher and seconded by Council Member Love to impose a Civil Penalty for Liquor Violation in the amount of $1,000 in lieu of license suspension for 5 days associated with the January 17, 2013 Code Violation and conviction. Discussion ensued regarding current code requirements, the City's latitude to impose such fines, potential probationary period and potential future violations. All present voted in favor of the motion, except Council Member King opposed. Motion passed 2. Planning & Zoning Commission Recommendation a. Variance Request, Front Yard Setback, 7261 Main Street — Mr. Jeffrey Magdik Mayor Wilharber stated that the submitted request is for a front yard setback that would encroach 13 feet into the required 35 feet per City Code. Council Member Love stated that the Planning and Commission recommended the variance, however, several members concerns and there was a split vote. He also stated that the next door neighbor does not have an issue but previously proposed to purchase the property from the County. Motion by Council Member Love seconded by Council Member Paar to approve the findings and recommendation of Planning & Zoning Recommendation allowing for a variance associated with the front yard setback. All in favor. Motion passed unanimously. b. Lot Split, Acquisition of a Portion of Property from 7230 LaValle Drive to 7242 LaValle Drive — Ms. Kathy LaValle Administrator Larson briefly reviewed the findings associated with Planning & Zoning's recommendation and stated that moving the property line would not impact future building spaces. Page 3 of 7 P3