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HomeMy WebLinkAbout2009-12-29 Set Agenda �� CITY OF CENTERVILLE er�vi.t(.e t--) ' OUNCIL MEETING AGENDA Established In P W v Tuesday, December 29, 2009 6:30 p.m. or shortly thereafter OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign -up sheet and give it to the Mayor or a Staff person by 6:15 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING(S) 1. Sahawk of Minnesota, Inc./DBA Kelly's — Liquor Compliance Check Violation III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. December 9, 2009 City Council Meeting Minutes (Pages 1 -7) 1 V. CONSENT AGENDA 1. City of Centerville December 10, 2009 through December 29, 2009 Claims (Check # 25026 - 25068) (Page 8 & Page 8a) 2. Centennial Fire District Claims through December 22, 2009 (Check #4045- 4116) (Page 9) 3. Centennial Lakes Police Department Claims through December 10, 2009 (Check #7555 - 7579) (Page 10 -11) 4. Successful Performance Review Ms. Kim Stephan, Secretary/Receptionist — from Step 7, Grade 4 to Step 8, Grade 4 5. Successful Performance Review Ms. Teresa Bender, City Clerk VI. AWARDS/PRESENTATIONS /APPEARANCES 1. Mr. Greg Kieselhorst — Centerville Lions (Annual Ice Fishing Contest) VII. OLD BUSINESS 1. Backup Power for Well #1 (Tabled from 11/23/09 Mtg.) a. Lino Lakes Interconnect Agreement (Pages 12 -21) 4 .. ' VIII. NEW BUSINESS 1 , e 1. Centerville Lions (Pages 22 -367, a. Special Event Permit Milting Contest/Young Eagles Airplane Rides) b. Temporary/Event Liquor License c. Temporary/Event Charitable Gambling Permit (Raffle) 2. Res. #09 -0XX — 2010 Appointments (Pages 37 -42 & 42a) 3. Res. #09 -OXX — Sponsorship of CDBG Application (Pages 43 -53) 4. Anoka County Request for Res. #09 -0XX or Letter of Support for High Speed Broadband Connectivity (Pages 42b -42d) 5. Consider Findings and Decision Regarding Liquor License Violation Sahawk of Minnesota, Inc./DBA Kelly's (Pages 42e -42v) IX. ANNOUNCEMENTS/UPDATES 1. City Administrator, Dallas Larson a. Dangerous & Potentially Dangerous Animals (Pages 54 -58) X. ADJOURNMENT * *REMINDERS ** City Hall Will Be Closed on the Following Days: December 24, 2009, 12:00 — 4:00 p.m. December 25, 2009, All Day January 1, 2010, All Day Planning & Zoning Commission Meeting — January 5, 2010, 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting — January 6, 2010, 6:30 p.m. Council Chambers City Council Meeting — January 13, 2010, 6:30 p.m. Council Chambers City Council Meeting — January 27, 2010, 6:30 p.m. Council Chambers CITY OF CENTERVILLE *Check Summary Register© 12/29/0911:01 AM Page 1 eraerviffe DECEMBER '2009 - UPDATE Name Check Date Check Amt 10100 MAIN STREET BANK Paid Chk# 025069 BELDEN, JOHN C. & JULIANNE 12/29/2009 $2,620.00 7056 CENTERVILLE RD - 23312224 Paid Chk# 025070 HEALTH PARTNERS 12/29/2009 $4,894.12 2010 JANUARY HEALTH INSURANCE Paid Chk# 025071 JEZIORSKI, MIKE 12/29/2009 $1,500.00 TUITION REIMBURSEMENT FOR MGMT Paid Chk# 025072 LINCOLN MUTUAL LIFE & 12/29/2009 $181.58 JANUARY 2010 LIFE INS. Paid Chk# 025073 QWEST 12/29/2009 $424.74 651. 429 -4750- SERV FROM 12 -1 Paid Chk# 025074 WHITE BEAR LOCKSMITH 12/29/2009 $80.00 REPAIR LOCK ON BACK DOOR OF CI Paid Chk# BI- WEEKLY ACH 12/10/2009 $18,171.16 Paid Chk# 81- WEEKLY ACH 12/23/2009 $17,053.02 Total Checks $44,924.62 THEICITIZEN Your Community Newquper December 8, 2009 Teresa Bender, City Clerk City of Centerville 1880 Main Street Centerville, MN 55038 Re: Official Newspaper Dear Teresa, We request that the city of Centerville consider, once again, appointing The Citizen as its official newspaper in 2010. Not only do we meet all legal publication requirements under the State of Minnesota, but we con- tinue to distribute our paper by U.S. Mail to every home within the Centerville City Limits. Our circulation is audited by John Caylor, Ltd., CPA, an independent firm. We accept legal notices by e-mail to Editor @ReadTheCitizen.com with a copy to Publisher@ ReadTheCitizen.com. Please identify these notices as ` Notices" in the subject line. We would also appreciate receiving a paper copy via fax or US Mail for our files. For 2010, our legal advertising rate is $9.30 per column inch. Legal notices will be printed in 7 -point type at nine lines per inch unless otherwise directed. In addition, we will continue to publish the notices on our website at no additional charge. Our deadline is Friday, by noon, for the following week's paper. As we have in prior years, we will make every effort to accommodate last- minute requests up until Monday at noon before we go to press. We look forward to this opportunity once again to serve the City of Centerville. If you have any questions or concerns, please feel free to call me. Sincerely, ' i medl uis Melamed PO Box 393 • Hugo, MN 55038 • 651- 426 -6399 • www.ReadTheCitizen.com 1/7 COUNTY OF ANOKA OFFICE OF COUNTY ADMINISTRATION s GOVERNMENT CENTER 2100 3RD AVENUE STE 700 • ANOKA, MN 55303 -5024 (763)323 -5742 • Y' November 30, 2009 The Honorable Mary Capra ', '�� t c Mayor, City of Centerville 1880 Main Street Centerville, MN 55038 Dear Mayor Capra: On November 24 the Anoka County Board approved Resolution #2009 -127, High Speed Broadband Connectivity in Anoka County. The attached resolution was introduced by Commissioners Kordiak and West and marks one milestone in the Connect Anoka County Project. The project started last spring and is focused on increasing the availability of high- speed broadband and fiber -optic connectivity in the county. The county is actively pursuing a private broadband partner and intends to apply for federal stimulus funding. While the final project design will depend on the partner selected and funding received, the county has set the following fiber routing priorities: Option 1. Connect all institutional locations including county, city, school district and college buildings. Option 2. Include Option 1, plus key business locations. Option 3. Includes Options 1 and 2, plus build out to unserved and underserved areas in the county. During the last several months the county has collected a significant amount of information related to broadband in Anoka County and has posted it to its project Web site, www.ConnectAnokaCounty.com. This information includes results from a telephone survey of area residents, input from stakeholder and community meetings, and maps of broadband coverage. I am writing to ask your city to consider a resolution or letter of support for the project. Attached is a draft resolution for your modification and consideration. FAX: 763 - 323 - 5682 Affirmative Action / Equal Opportunity Employer TDD/TTY: 763 - 323 -5289 November 30, 2009 Page 2 The county has also organized a group of public stakeholders representing cities, school districts, colleges, and other institutions. Your city is encouraged to participate. The next meeting is scheduled for December 10, 2009, at 3 p.m. in Room #772 of the Anoka County Government Center (2100 3` Ave., Anoka). We hope that you or your designee will be able to attend. Thank you for your attention to this request for support. If you have questions, please contact me at the number above, or Matt Schmit, Project Coordinator, at 763- 422 -7426. Sincerely, 0 92_ 4 6 1 . David J. iM'nke Deputy County Administrator DM:de Enclosures c: %/Dallas Larson, City Administrator • i/L • BOARD OF COUNTY COMMISSIONERS Anoka County, Minnesota DATE: November 24, 2009 RESOLUTION #2009 -132 OFFERED BY COMMISSIONERS: Kordiak, West, Lang, Berg, LeDoux, Sivarajah, and Erhart HIGH SPEED BROADBAND CONNECTIVITY IN ANOKA COUNTY WHEREAS, the County recently embarked on a project to determine the interest in High Speed Broadband Connectivity in the County; and, WHEREAS, the County knows of the growing need for greater speed, greater access, and continued competition for Broadband connectivity, and the County recognizes the growing need and benefit of high -speed connectivity for our governmental entities, businesses and residents; and, WHEREAS; the County understands the benefits of enhanced competition, cost savings, and reasonable pricing; and, WHEREAS, the County understands the economic and social benefits for governmental entities, businesses, and residents to compete in a global society; and,' WHEREAS, the County sees the benefits to citizens for health care enhancements, educational pursuits, home based commuting, and growing desire for information; and, WHEREAS, the County recognizes the absence of effective connectivity to many governmental entities, businesses and residents in the County; and, WHEREAS, the County understands the benefits of collaboration with local government, education, and private stakeholder partners: NOW, THEREFORE, BE IT RESOLVED the County supports the issuance of a Request for Proposals to attract a private partner, and the submission of a federal grant proposal to secure funding for our High Speed Broadband vision, thereby reducing the cost to our community of improved High Speed Broadband Connectivity. BE IT FURTHER RESOLVED that the County supports further collaboration with local government, education and private partners to further a high speed broadband vision and strategy for our community. BE IT FINALLY RESOLVED the County recognizes the need to take action to further High Speed Broadband Connectivity throughout the County to ensure a long term benefit to all citizens. STATE OF MINNESOTA) • COUNTY OFANOKA ) SS YES NO 1, Terry L. Johnson, County Administrator, Anoka County, Minnesota, DISTRICT #1 —BERG X hereby certify that I have compared the foregoing copy of the resolution of the county board of said county with the original record DISTRICT #2 —LANG X thereof on file in the Administration Office, • Anoka Coanty, Minnesota, as stated in the minutes of the proceedings of said board at a. DISTRICT #3 — WEST X meeting duly held on November 24, 2009, and that the same is a true and correct copy of said DISTRICT #4— KGRDIAK X • original record and of the whole thereof, and that • said resolution was duly passed by said board at said meeting. DISTRICT #5 — LeDoux X Witness my hand and seal this 24th day ofNovem•. 2009. DISTRICT #6 — SIVARAIAH X 1,21; I Alai / TERRY L. JOHNSON DISTRICT #7 — ERHART X C *LINTY ADMINISTRATOR RESOLUTION #2009 -? RESOLUTION OF SUPPORT FOR HIGH SPEED BROADBAND CONNECTIVITY WHEREAS, Anoka County has embarked on a project to determine the interest in and needs for high speed broadband connectivity in Anoka County; and, WHEREAS, there are increasing educational, economic, and community benefits to increased high speed connectivity; and, WHEREAS, (optional city - specific): NOW, THEREFORE, BE IT RESOLVED the City of supports the effort of Anoka County to develop a broadband vision and solicit public /private partnerships through a Request for Proposal process. BE IT FURTHER RESOLVED the City of supports submission of a federal grant to secure funding to implement the broadband vision. BE IT FURTHER RESOLVED that the City of recognizes that broadband through optical fiber will be a long -term benefit to all citizens. BE IT FINALLY RESOLVED (optional city- specific). Cd v v r `` ✓ w ir 1880 Main Street, antenna 9.0(55038 Established 1857 651 -429 -3232 or Ea;, 651 -429 -8629 December 29, 2009 Memo to Council: Re: License Violation -Sale of Liquor to Minor Background: On November 27, 2009, the Centennial Lakes Police Department conducted compliance checks of the various liquor establishments, including Sahawk of Minnesota, Inc., dba Kelly's, which has been licensed by the City for sale of on -sale liquor. During that compliance test, an employee of Sahawk, Sonja Archer made a sale of intoxicating beverage to an underage buyer and was immediately issued a citation for gross misdemeanor violation of Minnestota Statute 340A.503. Licensees are responsible for the conduct of their employees and as such, Sahawk of Minnesota, Inc. is subject to civil penalties of City Code Chapter 111, section 111.26. While the employee has not yet been adjudicated on the violation, there is an urgency to consider this matter, as the license runs to December 31, 2009, and is not being renewed. The evidence of the violation is clear and substantial. Violation hearing Pursuant to City Code, the licensee has been given not less than ten days notice of the violation and scheduled hearing before the Council on the matter. Sahawk of Minnesota, Inc. is afforded the opportunity to appear before the Council to offer evidence and make a case of why the city should not impose the civil penalty for the violation. The purpose of the hearing is to consider the apparent license violation of Sahawk of Minnesota, Inc., dba Kelly's and determine the appropriate penalty. The "Penalty Grid" contained in the City Code suggests a penalty of $500 and suspension of the license for five days for a first violation. The Council has authority to impose a penalty of up to $2000 and suspension of up to 60 days in accordance with the City Code. Since the license expires on December 31, 2009, the maximum suspension available would be two days. Recommendation: I recommend that the Council impose a penalty of $750 plus a two -day suspension, however that the suspension be stayed upon receipt of the monetary penalty in the form of cash, a cashier's check or certified check, and subject to the requirement that there be no further violations during the remaining license term. If no further violations occur, the suspension would be cancelled. Dallas Larson, City Administrator - / � Minnesota Department of Public Safety O tt' Alcohol and Gambling Enforcement �� . 444 Cedar Street, Suite 133 � St-Paul, MN 55101 -5133 651-201-7507 • TTY 651 - 282-6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or relaxed until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/Camty Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code ONSS License Period Ending 12/31 /20)716# • 20065 City/County where license approved. Cent et. v 11e Licensee Name Sahawk of Minnesota Inc. Trade Name Re22y's Licensed Location address 7098 Centerville Rd City, State, Zip Code Cent erville, MN 55038 Business Phone 651/653 -7791 .ICEN,CF, PEES: Off Sale $ Sunday $ p On Sale $ Aap0It-� AA By signing this renewal a plica dn bee§ ;dctla; ' in ownership i I Lie� p , ptlrant certifies that there has m ownershi on the a licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewaL Applicant's signature on this renewal confirms the following; Failure to report any of the following will result in lines, 1, Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township/county in the sate of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been convicted of any criminal violations or imposed with any civil penalties. If so, please report on back of this application. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor lice ns s are a mp 'f sales are less than $25,000 at on sae, or $50,000 at off sale). tears -asp ran tune nnn ) •30 csa - na. /f7' /f - OQ (Signature certifies abov info tion to be correct a license has been approved b city county. City C9erk/C nnnty Date ■/ /do (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license). tk,lire/Sheriff Signatnrc nee (Signature certifies licensee or associatetEv'e.no&.$eencitM (hiring the past five y S r any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. 1 ?' ,�,� t � z y,!E�41 i�R reAv " 7i PS 9093 -05 Judicate below changes of corporate officers ‘ partners. home addresses or telephone leD hone numbers: Indicate below any interest whatsoever. directly or indirectly in other liquor establishments; Jteoort below details of liquor law violations (dvil or criminal) that have_nrc within the last fire seam. Mates. offense‘ or other penalties. including Liquor Control Penal . • (4 /J. ./ � t / •', - — E 51.00 /2/Ve16 /SS c rte *ot 4 Citv /County Comments; 1 %4 Officer Jason Corlew Centennial Lakes Police Department • 54 North Rd. Circle Pines MN 55014 �EN Hd1A 763- 784-2501 LAKE S November 29, 2009 Dallas Larson City Administrator 1880 Main St. Centerville, MN 5538 City Administrator Larson, During the alcohol sales compliance check that 1 recently conducted one of the businesses in your city that are licensed to sell alcohol failed the check. I directed an underage buyer into this business for the purposes of ensuring that the business is taking the appropriate measures to sell their alcohol products to aduhs. The business that failed the compliance check is listed below. Kellys !Comer Bar 7098 Centerville Rd The employee that sold the alcohol to the underage buyer was issued a summons for the violation under state statue 340a.503, this violation is a gross misdemeanor. I am advising you of the violation since this sale to the underage buyer may also be a violation of your city ordinance. Please feel free to contact me if you have any questions regarding this matter. Sincerely, Corlew #124 CLPD Alcohol Compliance Officer 102 4C/ ,88rz i f Ct 0 Alain Stack Cantervia'hf2(5503B ��ctaffisli& f Ct 8857 631429.3232 or ra.Ct5f- 429-8629 December 1, 2009 Terry Sager Sahawk of Minnesota, Inc. DBA Kelly's 7098 Centerville Road Centerville, MN 55038 Dear Mr. Sager: Recently the Centennial Lakes Police Department conducted the annual alcoholic beverage sales compliance check. We received a report that your business failed that check and permitted the sale of an alcoholic beverage to a minor. City Code establishes a presumptive civil penalty for Liquor violations. The penalty for a first violation is $500 plus license suspension of five days. In order to afford you the opportunity for a hearing to prove that you/your employee(s) have not failed this compliance check, a Council meeting has been scheduled for December 29, 2009, at 6:30 p.m. If you choose to forgo the hearing and accept the penalty, please contact me. I have enclosed a copy of City Code, Chapter 111 and correspondence from the Centennial Lakes Police Department dated December November 29, 2009, for your information. If you have any question or concerns regarding this matter, please feel free to contact me. Sincerely, Dallas Larson, City Administrator Enc. Cc: Kurt Glaser, City Attomey Teresa Bender, City Clerk 103 41 �` - J ' CASE FILE # y l�- O'@t1�7 DATE [9931 e l CENTENNIAL LAKESPOLICE DEPARTMENT FORMAL COMPLAINT REQUEST CITY OF: CIRCLE PINES _ LEXINGTON CENTERVILLE COMPLAINANT INFORMATION: NAME etortiam ie I &Sae pb DATE OF BIRTH ADDRESS PHONE NUMBER: HOME WORK pEFENDANTINFORMATIONj NAME .r� ,, � r 55 t. 1 r .& ' . DATE OF BIRTH 71Z7 60 ADDRESS thteaq ate 0 to yowl ?Pi PHONE NUMBER: HOME WORK /Iyr4 DRIVERS LICENSE NUMBER (If Applicable) OFFENSE INFORJMTIONt DATE f 1 12.7 t / Q�-- 7�� TIME MST( LOCATION 7n i.!/►v[D�1)ttl.L ' R P M ) OFFENSES: L CIRCLE • 1. %Aie r4 A kto ho l 4o 61110 N STATUTE * %iii . Se .Z Misd. R. STATUTE* Wed. GM 3. STATUTE# Misd. GM 4. STATUTE* _ Mlsd. GM 5. STATUTE# Misd. GM BRIEF NARRATION: \ e toes OFFI ! 104 7 /2/. Add'I 0 1 1 11 1 .1 1 111 CENTENNIAL LAKES PONCE DEPT, JCF: D = 16716 CORLEW, JASON 1lon GIESE, MATTHEW Told Velum Mahn "room I OM 1 It Dreeaed pane: I Tep1 Value iD.OD 1 as am PM 11!27/2008 07 b6 PM Mal VMS Receered psi* MOAO r ,. i MOO Cods CMaMol on: liri ___ 1 it 1 O knkleM Narrative 1 OFFICERS WERE ASSIGNED TO COMPLETE ALCOHOL COMPLIANCE CHECKS IN THE CITIES OF CIRCLE PINES, LEXINGTON, AND CENTERVILLE. OFFICERS USED A 20 YEAR OLD MALE VOLUNTEER TO COMPLETE THE CHECKS. THE MALE WAS ID'D BY MN DL AS SCOTT KOJETIN. SCOTT HAD A VALID MN DL g WHICH WAS PHOTOCOPIED PRIOR TO STARTING THE DETAIL. SCOTT WAS GIVEN VERBAL INSTRUCTIONS ON HOW TO COMPLETE THE PURCHASE. SCOTT WAS PHOTOGRAPHED AND ASKED TO EMPTY HIS POCKETS EXCEPT FOR HIS MN DL. SCOTT WAS GIVEN A FIVE DOLLAR BILL SERIAL NUMBER 1B002929358 TO PURCHASE ALCOHOL AT THE BUSINESS UNDER MY DIRECTION. SCOTT ARRIVED AT KELLY'S BAR AND WALKED INTO THE BUSINESS WITH OFFICER GIESE. OFFICER GIESE TOOK A POSITION IN THE BAR WHERE HE COULD OBSERVE THE ACTIONS BETWEEN THE BARTENDER AND SCOTT. OFFICER GIESE ADVISED ME BY PHONE A SALE TO SCOTT HAD BEEN MADE. 1 AEGY1M A- AdeN MwMed. AC• g Mon. C•Ceeelelr Mr e. D -Dr, F•F�re�PerNA. G- Ors*n, J -JambA ed, AM M - M.iS 4 MP-MSc Person. I.Oarlwaved O -Oerw, P• Pewe.Ber. PT- Pepsi/abr. Pt -Rows. 5 • taiss Vona new ■ Pmon 5 eueleee latidlittall 1 8834 282M ST WYOMING, MN FEMALE WHITE Ninon - D Stance KOJETiN, scow DANIEL siiiiittam .. O Lipman Ous ee sea i iiimini ._I L 111 Page 1 of 2 1 05 1z/ Narrative 1 Continuation: Page 1 of 1 Case Number: •09278663* Author: JASON CORLEW 1 ARRIVED AT THE BAR AND SPOKE WITH OFFICER GIESE AND SCOTT. BOTH PARTIES ADVISED ME THE FEMALE ARTENDER SOLD A BOTTLE OF COORS LIGHT TO SCOTT. OFFICER GIESE TOOK POSSESSION OF THE BOTTLE AND LACED IT IN HIS SECURE SQUAD UNTIL IT COULD BE PROPERLY PLACED INTO EVIDENCE. 1 MADE CONTACT WITH THE BARTENDER SONJA. I ASKED TO SPEAK WITH SONJA IN A MORE QUIET PART OF THE BAR SO I WOULD NOT DISTURB HER BUSINESS. I ADVISED SONJA SHE HAD SERVED TO A MINOR AND SHE IMMEDIATELY TOLD ME THE DRNERS LICENSE SAID 1986. 1 ADVISED SONJA IT DID NOT SAY 1986, BUT IT SAID 1989. 1 ASKED SONJA TO GET HER MN DL SO 1 COULD IDENTIFY HER. SONJA TOLD ME SHE WAS NOT GOING TO LET ME SEE HER IDENTIFICATION UNTIL SHE SAW THE ID THE MALE HAD. 1 ADVISED SONJA IF SHE HOES NOT COOPERATE WITH ME SHE COULD BE TRANSPORTED TO JAIL SONJA DECIDED SHE WOULD COOPERATE WITH ME AND I IDENTIFIED HER BY MN DL AS SONJA ARCHER. 1 COMPLETED A CITATION FOR GROSS MISDEMEANOR FOR SALE OF ALCOHOL TO A MINOR. 1 EXPLAINED THE SUMMONS TO SONJA AND ASKED HER IF SHE HAD ANY QUESTIONS. SONJA TOLD ME SHE DID NOT, BUT SWEARS THE ID SAID 1986. I ADVISED SONJA THE DL SHOWS A DATE OF BIRTH OF 1989 AND A UNDER 21 DESIGNATION IN BOLD LETTERS 014 THE TOP OF THE PHOTO. SONJA WAS COMPLIANT AND POLITE THROUGH MOST OF THE INVESTIGATION. OFFICER GIESE COMPLETED AN EVIDENCE FORM AND PLACED THE EVIDENCE 114T0 EVIDENCE LOCKER 6. NO FURTHER INFORMATION AT THIS TIME. CLEAR i --- 1z , os SUPPLEMENT REPORT CENTENNIAL LAKES POUCE DEPT. MN0020300 JCF: ❑ pw•K DI O twins OMOoe %k Z 10000 GIESE, MATTHEW MN MMus Slot ts.% 110.00 Fa =wawa *Fa Tow Ws DemesmIssass IEOM I Toed WUs Recovered saw [{GAO Weston or Osonswthenst c: c -c, ubC Cads geNMlDOtlon 131."lhtr: I SdMk Nsndvs 1 WAS ASSIGNED ALCOHOL COMPLIANCE CHECKS WITH OFFICER CORLEW. I WAS IN PLAINCLOTHES, DRIVING AN UNMARKED DEPARTMENT VEHICLE, 1 WAS WITH VOLUNTEER KOJETIN. g I WALKED INTO KELLYS AND SAT AT A TABLE, AND GAVE KOJETIN A FIVE DOLLAR BILL AND ADVISED HIM TO WALK UP TO THE BAR AND ATTEMPT TO PURCHASE A BOTTLE OF BEER. 1 WAS A POINT OF VANTAGE TO SEE KOJETIN THE WHOLE TIME AND MONITORED THE TRANSACTIONS. I ADVISED KOJETIN IF THE WAITRESS ASKED TO SEE Hi8 IDENTIFICATION, TO GIVE IT TO THEM. I OBSERVED KOJETIN REQUESTED A BOTTLE OF BEER, AND THE WAITRESS TOOK HIS I.D.. I OBSERVED THE FEMALE GIVE KOJETIN HIS I.D. BACK, AND HAND HIM A BOTTLE OF BEER. 1 OBSERVED THE FEMALE GO TO THE CASH REGISTER. AND HAND HIM BACK HIS CHANGE. KOJETIN WALKED TO MY TABLE, WFtH A BOTTLE OF COORS LIGHT, AND HANDED ME S1.50 IN CHANGE. NUECOM A• Pad Motet AC• Anwar' atm. C•Cangast D -DWI F- FNmAdp n 0 • 02 a J M• Mentlwed ,MP• wee Pow. I.00Nr*admit, 0.Oar, P. Prover. Pr• PrryMUM, R -Rpa*, a•& A Is...M t WNt6wt ElParon MW: ads NMw: Pas; ❑ DueYra • kiliallillanall . ❑ Person umr: AIIN; -. ❑ haka fi a Adtliwo r^- Ali: Ow, ark Sox ■ Rrer. 3 lia e�, o n Pow: 4I 5aswvSSOr: Eas Copy Ti 1 - . CAN timber: aVSQ Ps 1 of 2 107 gi Narrative 1 Continuation: Page 1 of 1 Case Number: 09278663 Author, MATTHEW GIESE I CALLED OFFICER CORLEW VIA CEU. PHONE AND ADVISED HIM A SALE WAS MADE. I TOOK THE BOTTLE OF COORS IGHT WITH THE CHANGE, AND KOJETIN AND I WALKED BACK TO MY CAR, WHILE OFFICER CORLEW CAME INSIDE THL iUSINESS TO COMPLETE PAPERWORK. I SECURED THE BOTTLE OF COORS LIGHT IN MY SQUAD ALONG WITH THE CHANGE. AT BASE I PLACED THE CONTENTS OF THE BOTTLE INTO A RED EVIDENCE CONTAINER, AND DUMPED THE REST OUT. I PLACED THE RED CONTAINER, EMPTY BOTTLE OF COORS LIGHT, AND THE CHANGE IN AN EVIDENCE BAG, ANO SECURED IT INTO EVIDENCE LOCKER 6. SEE EVIDENCE SHEET. AT BASE I HAD KOJETIN COMPLETE A VOLUNTARY STATEMENT WHICH I5 ATTACHED TO THIS REPORT. END OF SUPPLEMENT. 108 1/ O. ' . . . . . . • •, • . , • . . . ' c2TATIoN roa °lops MISDEMMIMOR- • . • sill' 01 *initial% -- • ' • . • . . • • , .ournetair 000R2 COD3I'lli - OP ./12;024A -' . - . • - inn trinnerall DESTR,Itit . . .. . . . , . .. .. . cielfire Walt. • . • - GROSS xxsztaummot 1 • State. icf: :: , : • • . : . • • .. (.. • : • ' . 'Plaintiff ..'. ..-,' ' , • ' .. District Court .File NO.. •• ' . - - '• . . • • .511:1 . •. - . . . • . s .. v %Dependant.. I, . • •• . • • . • ' Defendant's DCi/314" WO. .' . • . •. , . .. . . - • • - - ' . , . : .. •• Athfress:(4034.42( 5f . .. - . . . •. . • . • ... • To: The anaTinenamegt Defendant. . .. •• ' , . . . .. . . . . . , . . . .. . . .' zoir Witli **RUT **RUT -911D . to appear on the - 44n . day ■ . . Za at': - i 'On - - .o!dlock :31'.. before the aboernamed. Co .at.04' Mush:: coun y 325 East•M . 'n •g to anl hf-Chasge .. that on the . • .Pf. ./092th .. , ' • LOOS , • 1 7Air . .. 44 ' AZ1 • -, n in thar.dity o : gqi4. '• n the, County of Anoka, Sta e o , Minnesota, you coileittad' the fo rim"ng described often:km(0): • . ' • • • • :. '., . . • 1 • • -*, :' • .22 TO Orriatas: Pleas* indicate on this fors 110,;. charge. (inCalding . . . • lesaer•inciiiided ,iiiedeataaore) for Thick the deteadnet is to be charged and relateed.pureuana to thil citation. Thank 1 . ', ' . • . . .... ...-4. . . • : - . .. . taunt 1 • . t ilt, 1. , . _ Count I Charge: 5a9k Can to 1Y) y 1 g t• Charge: , A • • • . Minn: stat:. ort: 4tha:5-0.; , Minn. Stat. tact:ions • • .• • • Maximum Sentence: (' 4q fib- . us_ o0 ' MasimUm ;Sentence: . I 7 ' • . . . • • • . ••• . '. . Count 2 • . Count a A • ,>•.*: .. . . . , . Charge: • ' . . - : t Charge: • . Minn . Stat.. Section: •• • . Minn. Stat. Section:. ' . . r • • • Maicinutt Sentence: • . . . Maximum • Sentence: ., • • • . .. - • .. If you fail to appear in the Anoka Count iistrict .court at the .tiate *stated above in response to this citation; • a: ..t. oi our arrest *ay be issued by the •court. , , • • / 7/0 1 . .. ' . . •• . • . . . ‘. . . .. . . . • . ed .. , • • • • • :0 A cer. a . - • • - Ure ,e .. - e or )3a•ge No. ..... .., . . • " v . • . Ai .. ....• , •,„i„/A ,.., • . - •2'.. • • . • , of -- • c Departs:St : • ' . . • • . . . . . aaaaaaaaaaa********* ****** * ****** a *** .9( • • \ c .\ -, . • • • Defendant's • acknowledgement of roe:yip • • ' • I . k‘ •- ' . . • . \ original —Court -Administration . • Pink - De Want.. - •• . . . ,...„.... snaky - Officer • .' • Gold -' Inmate File . . • ACJP-014 • Form 104 05/96 • • . 109 • - • VICTIMS DEFENDANT 5Oh) itrc Centennial Lakes Police Department c••• N•. i 117 01 EVIDENCE RECEIPT 00/79 (.3 ITEM TIME t 2wR ' 7 tr- $aq rotaihiL :: 1 t fa 1 Mar t rest / 2 w � IN resin i I N0 r o Mal" / ail' r' F� ., • r . / ?MD DL of )N v 27 f r ] LOr • CHAIN Of POSSESSION: u`g' I7'' Harp) T M 0•N P Fen � • -e ' �,:1 L 16 O- vyjcgtc 6 avompeen/m. sae,. • MN17E ORIGINAL CANARY 1ST COPY PINK END COPY 11 o %s CENTENNIAL LAKES POLICE DEPARTMENT j VOLUNTARY STATEMENT `" Department Case Number _ V 1 Officer's Badge Number � fl iE 1 �D el in , Date of Birth: (Firs[) (M) Address: City/State: Home Phone: Wulf Phone: i do voluntarily give the following statement to the Centennial Lakes Police Department: 4t et* jraj 'sham L.a4 a1 & a4'4 al tostiresee !. tier for Watroaj !r(res Witt 404P-ortli» Oa J.11 jen a-P1 rare* o pet Lai t et tua 1;4Id . the Cca•1' L c1aw4 ri if,Q is 5ts.+ This statement, consisting of 1 pages, including corrections if any, which I have initialed, is true and correct to the best of my knowledge, Signed: Date: II /gJ tver r 111 '�`� C 0 0 0 V L 3 1 a V I 1 t W ! E E h d L U ' r o firSi 1 ni e A. g 1 _o 1 o u i I i I? 1-1 ° 1 1 J 1 E Sl 2 io a .e 112 '1/2,C (B) The enlargement, substantial alteration or extension shall not be allowed unless the Council approves an amendment to the license. (Ord. #13, adopted 8/28/2002) § 111.25 PUBLIC CHARACTER OF LIQUOR SALES. No sale of liquor shall be made to or in guest rooms of hotels unless: (A) The Hiles of the hotel provide for the service of meals in guest rooms; (B) The sale of the liquor is made in the manner on -sales are required to be made; (C) The sale accompanies and is incidental to the regular service of meals to guests therein; and/or (D) The rules of the hotel and the description, location and number of the guest rooms are fully set out in the application for the liquor license. (Ord. #13, adopted 8/28/2002) § 111.26 PRESUMPTIVE CIVIL PENALTIES. (A) Purpose. The purpose of this section is to establish a standard by which the City Council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this chapter. These penalties are presumed to be appropriate for every case; however, the Council may deviate in an individual case where the Council finds that there exist substantial reasons making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the state' or city to prevent the sale of alcohol to minors, When deviating from these standards, the Council will provide written findings that support the penalty selected. (B) Minimum penalties for violations. The minimum penalties for convictions or violations must be presumed as follows (unless specified, numbers below indicate consecutive days' suspension). (1) The following violations require revocation of the license on the first violation: (a) Commission and/or of a felony related to the licensed activity; (b) Sale of alcoholic beverages while license is under suspension; and (c) Sale of intoxicating liquor where only license is for 3.2 percent malt.., liquor. (2) Any violation not listed in the previous information would be heard by the Council and they would review all information and circumstances and determine a 113 /eZ penalty with the maximum fine of $2,000 and/or 60-day suspension or determine the license should be revoked. (3) License holders have the right to request a hearing before the City Council if not in agreement with the presumptive penaky. The City Administrator also has the right to request a bearing before the Council if he or she or they believe there exists substantial reason making it appropriate to deviate from the presumptive penalty. If the City Administrator and licensee agree on the presumptive penalty, these will be reported to the City Council in a staff report. (C) Multiple violations. At a licensee's first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the presumptive penalty for each violation under the first appearance column in division (B) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's (D) Subsequent violations. (1) Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Administrator and licensee agree in writing to add the violation to the fast appearance. (2) The same procedure applies to a second, third or fourth appearance before the Council. (E) Subsequent appearances. (1) Upon a second, thud or fourth appearance before the Council by the same licensee, the Council may impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. (2) However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this section. (F) Computation of violations. Multiple violations are computed by checking the time period of the three years immediately prior to the date of the most current violation. (G) Other penalties. Nothing in this section shall restrict or limit the authority of the Council to suspend up to 60 days, revoke the license, impose a civil fine not to exceed $2, 000, to impose conditions or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this chapter. 114 ,��� (H) Notification. If a licensed establishment is cited for a violation of this chapter, the Chief of Police must provide a letter of notification to the licensee and the City Council through the City Administrator within 30 days after the violation occurred. (1) Regular penalty grid Type of License Fast Violation Second Violation Third Violation Fourth Violation On -sale $500 and 5 Days $1,000 and 10 $2,000 and 15 Revocation Intoxicating Suspension Days Suspension Days Suspension Liquor Off-Sale $500 and 3 Days $1,000 and 7 $2,000 and 12 Revocation Intoxicating Suspension Days Suspension Days Suspension Liquor On -sale Beer and $500 and 5 Days $1,000 and 10 $2,000 and 15 Revocation Wine Suspension Days Suspension Days Suspension Off-sale 3.2 $1,000 and 10 $1,500 and 20 $2,000 and 40 Revocation percent Malt Days Suspension Days Suspension Days Suspension Liquor (Ord. #13, adopted 8/28/2002) § 111.27 EFFECTIVE DATE, This chapter shall be effective immediately upon the date of its publication. (Ord. #13, adopted 8/28/2002) 1 15 721