CC_Minutes_2010_0308 - Laserfiche WebLink

Home

Regular City Council Meeting Monday, March 8, 2010 Page 8 fire hydrants); and minimal costs for the evaluation that are included as a part of the normal operations budget. Pust moved, Johnson seconded, authorizing the City's Fire Department to request the Insurance Service Office (ISO) evaluation for 2010; and authorizing the Mayor and City Manager to execute the document. At the request of Mayor Klausing and based on previous discussion in the benefit of pursuing this improved rating with costs deemed too great versus the marginal return, Acting Chief O'Neill advised that recent operational improvements (i.e., staffing, auto-aid agreement, dispatching through Ramsey County) had made great strides in making the rating improvements more beneficial to the City. Roll Call Ayes: Roe; Pust; Ihlan; Johnson; and Klausing. Nays: None. 11. Public Hearings 12. Business Items (Action Items) a. Consider Presumptive Penalty Approval for Don Pablo's Alcohol Com- pliance Failure Acting Police Chief Rick Mathwig briefly summarized the RCA, noting that the license holder did not participate in server training; and advised that this item had been delayed from a previous Council meeting when a 33% change of ownership had been indicated, and resulting paperwork trail confirmations. Mr. Mathwig advised that, at this time, staff was recommending a $500 fine and one day sus- pension, based on a first-time violation. Discussion included the change of ownership and recommendations of the City Attorney; whether the change of ownership was related to this violation or based on standard business practice; documentation for training and notices provided to management; previous awareness of ownership based on 2007 ordinance revi- sions and advised from the license holder's legal counsel; and defining statutory obligations of the City in providing notice to license holders. Daniel Tijerina, Managing Partner/License Holder Mr. Tijerina provided a history of when the current management had taken over the restaurant in September of 2008, and changes in top level management at that time nationally throughout their establishments. Mr. Tijerina advised that the failure was not due to a lack of knowledge, but simply due to paperwork not being adequately handled. Mr. Tijerina advised that it was standard practice to provide servers with training during their orientation, in addition to bar classes to alert servers to alcohol-related issues. Mr. Tijerina assured Councilmembers that, in