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