I'm going to call the meeting to order. Please join in standing with liberty and justice for all. Jody DeRocco. Chesnik. President Nelson. President Pointer here. Willis. Here. Rager. Peterson. Here. Washe. Here. That brings us to the poor form. Individuals may address the council about any item not contained on the regular agenda. Here. Peter says. Here. Washy. Here. That brings us to the forum. Individuals may address the council about any item not contained on the regular agenda. Maximum of 15 minutes is allotted for the forum. The full 15 minutes are not needed for the forum. The city council will continue with the agenda. City council will take no official action on items discussed at the forum with the exception of referral to staff or commission or committee for future report. I do not have any cards to speak at the forum. Does anyone wish to speak at the forum tonight? If not, then we will move on to item 4, presentation of public information. Urell, you're going to start a new start a new job soon. Oh yes, I actually got the chance to start. Thank you guys or thank you, Mayor and Council, for having me here tonight. And thank you for the opportunity to just express my deepest gratitude to everybody here at Plymouth and then to share a little bit about my internship and not too much about my first day. I promise you it will not be an hour, maybe five minutes. But I, just to share a little bit more, I am an NPA student from St. Claude State University. I'm in my last semester and I had the chance to be the management intern here the past year at Plymouth. And it's been a very transformative experience for me just being able to see everything about local government, learning, and leading some of the special projects that I had. Like the performing measures or performing measures, performing measures, oh, it's a tongue twister. Through the office of the state auditor, just being able to see and lead that to put that together, having the chance to be a part of the building of the digital budget book that we had here, helping to plan and lead our the building of the digital budget book that we had here, helping to plan and lead our graduate student or the annual graduate student visit. It was very great just touring the city, seeing all that we had here, the different facilities that I've plimmed. I had the chance to shadow all of our amazing directors here, and to meet the team just to know more about the inner workings of local government, so it's been a very great opportunity for me. I've done so much. So I don't have my full list and I don't want to hold you guys all here tonight for too long, but I've also had the chance to, all right, well, one more thing actually. I had the chance to help with leading the internship lunches that we have here for our city interns, getting to plan our summer job faires that we have here for our city interns getting to plan our summer job fairs that we had. We've even had, I've had the chance to sit in a little bit as the city clerk in Durau Caw. So there's been so much this internship has offered and I think it's a really great opportunity not just for me but whoever else would be an intern coming in and I really appreciate everybody here at Plymouth for giving me this chance and from the bottom of my heart, thank you all so much. Well, you're all, I just want to thank you for all the work you've done over this time that you've been in an intern here. Plymouth feels very strongly, and I know Dave and his team feels very strongly about encouraging people to come into serving at a public level, especially a municipal local level. It's important to mentor and work with people and give them the exposure to what it's all about because people don't know what the city is all about. They just know this happens and that happens. They turn the water. It's on. Flesh the toilet, it flushes. You know, they drive on the roads, they're plowed, but they don't know all of the inner workings that happen here. So you've had a great opportunity to see all the, how the city works from the inside out. And we just sincerely appreciate the work in the effort it's just been a joy and a pleasure to have you here during your time. So the League of Minnesota Cities is fortunate and lucky to have you coming over to work with them. So I congratulate and wish you nothing but the best in your time in the future. And I'm sure we'll be seeing you around in future positions. Oh, definitely. Yep. Thank you so much. Any other comments? Consumnet, Chesnik. You're all thank you so much. I just, you're all the help that you've provided. The professionalism that you've showed, the dedication to the position. It just really, you've added so much value here and I really appreciate your time and I really hope our paths cross in the future. Councilor Willis. Thank you, Earl. Everything much, I appreciate your service and I hope that you've learned enough here to make career in public service. You'd make an excellent city man here someday. Thank you. Mayor. Yeah, Councillor Murr. I just want to say thank you because we both came in at same time. So we learned together and did a great together. It's like your energy and your knowledge were wonderful. So I thank you. Thank you. Dave. URL, thanks for all that you've done. I mean, she came in the door and she says, I want to be a city manager Well, I may be able to help you with that Or talk you out of it. No, I'm just kidding But Ural you've all kind of seen it and said it But she has a lot of enthusiasm. She asks so many great questions She's always apologizing for poking your head in my office. I've got some questions for you. And then I've got another one, another one. I said, don't worry, that's why we're here. And she's learned and she's adapted. And you've heard her speak tonight. I mean, she's great. She's a natural. So she is going to do great things. And we're proud of you, but we know that there's a lot URL. Thank you. Mayor. Yeah. If I may, I just want to add on and just say thank you. We're going to miss your energy and your enthusiasm. You've just been such a fun person to work with. And on behalf of, I'm sure all the directors here just wish you the best. And thanks for everything you contributed to the city. The day that our entrance leave is always really sad, but that was always the plan is to give them an experience that will be memorable so that they can go on and do amazing bright things in the future. So excited that we had you here and excited to see everything you do in the future and for anybody watching who wants to be an intern at the City of Plymouth, you will be posting, so make sure you submit your application. Thank you. All right, well once again, thank you, URL. We wish you the best. Thank you so much. All right, thanks. Thank you. Applause. That brings us to item five, approving the agenda. Council members may add items to the agenda, including items containing the council members including items contained in the council of motion member end and for discussion purposes, or staff direction only. The council will not only take official action items added to the agenda. Anything to be added to the agenda? And look for a motion. Move your agenda. Second. Okay, we have motion second. All those in favor say aye. Aye. Opposed? Now passes. Okay, we have motion second all those in favor say aye. Aye opposed now passes Next we have the consent agenda these items are to consider to be routine will be enacted by one motion There will be no separate discussion of these items less a council member or citizen sole request in which event the item where to move from the consent agenda and place elsewhere on the agenda Go to the council first anything we remove from consent Go to the audience any requests to move remove from consent They're bringing it back to a council for our motion Consent agenda mr. Mayor second we have motion a second all those in fear say aye aye All is opposed that brings us to public hearings Public hearing 7.1 public hearing on administrative penalties for feeling a tobacco sales compliance check for smoky's tobacco 1 0 1 0 0 6 Avenue sweet 1 11 Eric good evening mayor and council Before you this evening is a public hearing regarding a failed tobacco compliance check at smoky's tobacco Which is located at 10106 the avenue sweet 1 11 here in plumber The hearing is being held at the request of the owner of smoky's tobacco tobacco which is located at 10106 Avenue, Suite 111 here in Plemiff. The hearing is being held at the request of the owner of Smokies Tobacco, Mr. Anon Barbar-Rawi. My butchering that. Barbar-Rawi, perfect, thank you. Who is here this evening and prepared to speak before you? Before doing that, I will briefly summarize the details of the recent failed compliance check and provide the council with some background data on the Art Tobacco Compliance Check Program and provide a staff recommendation. So on July 31st of this year Officer Erdman from our department was assigned to conduct annual tobacco compliance checks at Plymouth businesses the city employed an underage buyer to conduct those tobacco compliance checks at Plymouth businesses. The city employed an underage buyer to conduct those tobacco compliance checks and Located one of those to a back-all compliance checks on the 31st was the store at 1016 Avenue number 11 Shortly after 12.30 p.m. on the 31st the underage buyer entered Smoky's tobacco and approached the counter. The buyer asked the clerk for a pack of camel blue cigarettes. The clerk requested to see the underage buyer's identification. The underage buyer did present their Minnesota ID card and the clerk viewed it. The clerk then handed the underage buyer their ID back and rang up the sale. After the transaction, the underage buyer left the store with the pack of cigarettes, their change, and a receipt for the sale. After the transaction the underage buyer left the store with the pack of cigarettes, their change and a receipt for the sale. Officer Erdman then approached the counter and identified herself as a police officer advising that they had just sold cigarettes to an underage buyer. The clerk was upset and apologetic. They stated that they had read the ID incorrectly. The clerk called their boss who spoke with Officer Erdman on the phone and was also a apologetic. They stated that they had failed compliance checks before and understood the process adding that they trained their employees heavily now. Officer Erdman reported that the boss that they were speaking to on the phone asked if they could get a break. Officer Erdman explained that they could not receive a break and that the transaction had already been completed. On August 13th of 2024, Sergeant Jeff Swankevich of our department met with Mr. Barbarawi at the police department for an administrative hearing where they discussed the violation and reviewed the presumptive penalty as described in City Code. During the hearing, Mr. Barbarawi explained that he has another story in another city outside of Plymouth that has failed the tobacco compliance check and indicated that the City Council that City had waived their fine. Mr. Barbara Rauy was not contesting the details that surrounded the compliance check failure here in Plymouth. This is the first failed compliance check for Smoky's tobacco in the last 36 months. The city ordinance lists the presumptive penalty to be a $500 administrative fine and a stayed five day suspension of their tobacco license, meaning that they will not have to serve any sort of suspension on their license. Over the past three years, there have been a number of businesses who have failed tobacco compliance checks throughout the city. In 2022, three businesses failed checks. Two businesses failed for the first time and paid their fine of $500. And one business failed for their second time within 30 months, 36 months, paid their fine answer the five day tobacco license suspension. In 2023, four businesses failed tobacco compliance checks. It was all of those four businesses first failure within 36 months. All four businesses paid their fine of $500. This year four businesses once again failed tobacco compliance checks, one of which is Smoky's tobacco. It was the first failure for all four of those businesses. The other three businesses have not contested the fines. One has paid, the other two businesses still have some time. Their due dates are later this month. And the fourth business is tobacco, smokies tobacco, who we're here discussing tonight. Based on the information presented above, its staff's recommendation that the city imposes a presumptive penalty is specified in city code. And with that Mr. Mayor, I would recommend that we open the public hearing, and I will stand for any questions. Before we open the public hearing I ask if there's any questions of our chief. No okay thank you we are. Thank you. I'm going to open up the public hearing. I have NN Barbara Rally. If you'd like to come and address the council. Dear council member, my name is Ann Ann Barbarawi. I'm the owner of Smokey Stobacco and Cigar in the State of Plymouth. We have been in the State of Plymouth for about six years. We never had a compliance check. And I'm not here today. I mean, we've always had compliance check, but we never failed a compliance check. And I'm not here today. I mean, we've always had compliance check, but we never failed a compliance check. And like the officer mentioned, that I'm not really here to discuss the facts or to discuss the details. I'm here just simply to explain as a business owner who have another similar business in different cities, how this impact my other businesses. And every, to bank, realizes application in every city, part of the requirement, and part of the question is, have you ever failed a compliance check? Lately, our business is heavily regulated. You know, we work really hard to make sure that we actually have trained staff, the right POS systems, and whatever it takes to prevent anyone from coming. And successful, we've been doing very, very good for the past six years, if we've been in a plymus. Having this in our record, just if I have to fill another tobacco license anywhere else, I will have to check that I have failed a compliance check. And this actually could be the reason for not renewing any other tobacco license I have in other cities. And possibly maybe the city of Epolymouth. Woodbury is one of the heavy ones, St. Paul, and Bloomington, one of the heavy ones as well. So all our business, I mean, we. Paul and Bloomington, one of the heavy ones as well. So, our business, I mean, we have to be very responsible. We have been doing really good for the past six years without a good record of being here and being always passing a compliance check. We never really failed. Thankfully, we've been having a really good staff and everything. Put in this and our record, would the city could be actually the reason like it's just to stop us from growing or like losing our business somewhere else. Especially also with the recreation of Marijuana and it's coming along. It's just been a lot of rules also we have to comply with and we might we're not sure if we have to have this license in the future if we are as a small Shahab or as a tobacco store, but for that reason we would love also for our record with the city to be clean. I'm simply just asking, he mentioned that we've had a compliance check failure back in 2018. It was with the city of St. Paul. And then also we failed because he changed the law that year, two times where you have to stop selling flavors and you have to stop selling little cigars and the tax was different. So it was very confusing for us. And then I contested for the same reason. It's not for the penalty or it's not for, it's just because we really do a good job and keep in our businesses clean. What they did for us that day just because we had a good record with the city, they basically give us one time pass where they said we will inspect your business in the next month or so three to six times. But if you fail once, we will proceed with this penalty and this with ticket. And I agreed to it. And then they did inspect us in one month, the three times. They did send a minor to the store. They inspected the flavors and everything. And thankfully, we passed it and we've been good. So what I'm asking the council member today, just considering how this is going to impact my other businesses and my other licensing, just to consider something similar to this, I am okay with paying the penalty, I am okay with figuring something out where, maybe for the next six months, if I fail, again, to impose this like penalty and then consider it as a compliance. This is really the only reason, and I would love if there is any way we could do it because I know from the city it's just a penalty. It's not a big deal. I'm talking to it's just a payment, which is not a big deal for us, but from it will impact all my other businesses and my other licensing. So I would really love to find a way where we could maybe give me another chance to like impose more compliance check to my store and other ones. I'm very happy to do so, but I would really love to keep my record with the city very clean. All right. Normally, we don't take a lot of questions from the Dias to the, but since the applicant is here, does any council members want to ask Mr. Barbaralee any questions? Okay. Thank you. Mr. Barbara Ali, any questions? Okay, thank you. Thank you. All right, with that, we're gonna close the public hearing. Bring it back for discussion with the council. Thank you. Comes to our point, Nair? Can you talk to me a little bit, Chief, about what happens to the record with this one and the stay. And I know like it follows the liquor stuff then if they get a second one, then things escalate from there. But this one time, what are the implications and how does our decision really truly affect other cities' decisions. Mayor and council member Pointer internally we keep records of within our tobacco or alcohol compliance check programs just record of pass and fails and there is a presumptive penalty grid. It's very similar to the alcohol compliance check penalty grid. So that first offense in 36 months, as I mentioned, is a little common. I mean, it doesn't. It does happen on an annual basis three or four times every year. Those businesses do have to just pay that $500 fine and have historically over the last three years done that. In terms of long term, I can't really speak to any reporting that we do. We don't report to the state or any other entities. It's really on the business owners as I'm understanding his statement here that when they make applications, they'll have to disclose that one of their businesses potentially had failed a compliance check. In a case of a first failure, you pay the fine, we do not treat them any differently. We will see them again next year when we do our annual compliance checks. If they have a second failure, then we go through the administrative hearing and then that five day suspension, they must serve, so they're not allowed to sell anything under their tobacco license for those five days. And then it escalates from there. So my question is, it's not going to boot him from playing it. Mayor and council, that's correct. Now the Council you as a Council can take whatever steps you would like, you know, in cases of egregious things, but for, you know, for this case particular, you know, the revocation of a tobacco license is not until your fourth offense in 36 months. So we're a long ways from that affecting Mr. Barbarale's business here in Plymouth. All right. Other comments come from her Peterson. It says that there's a the presumptive penalty is a $500 fine and a five-day state suspension. How long's that stay period? Mayor and council I don't think the statute or our city code dictates how long. If you recall our conversations that we had last year over the alcohol, we made a staff made a recommendation and maybe remove this state. It essentially is silent about how long if they fail in their second time within 36 months, then they do have to serve that five-day suspension. So I guess until they fail again in 36 months. Thank you. Councillor Archesneck. Chief, when a tobacco store passes an inspection? Is there any kind of notice saying congratulations you passed an inspection that is that sent to the store? Yes Mayor Colton we do send letters out saying congratulations you passed a good job been continued to keep up the good work so and you know as it was mentioned here Smokey's tobacco has historically done a phenomenal job with this and this is the first time that we at least are in our records show that they've ever failed the focus of the background. The focus of the focus of the background is that the focus of the background is that the focus of the background is that the focus of the background is that the focus of the background is that the focus of the background is that the focus of the background is that the focus of the background is that the focus of the background is that the focus of the background is that the focus of the background is that the focus of the And it wants to get a tobacco license. Do we have that check box that says, have you failed the compliance check? And what is our process or procedure, if we see that box checked? Mayor and council member Gregor, it's a good question. And I actually don't know the answer to whether or not that's on the application. Our licensing technician Heather Larson does a thorough background check. I would assume that they ask that question. One failed compliance check is not going to preclude them from obtaining a debacle license. It typically falls under the language of if there's a history of the the licensee applicant with you know character of ill-repewative we've heard that term before and maybe some you know, character of ill-reputed, if we've heard that term before and maybe some, you know, criminal history of supplying tobacco to minors and stuff like that that we're really more concerned about. But I'll ask and we'll get back to you. Jody? I mean, I can answer that question. The application does ask for if over license has been, if they had a license revoked in the last 12 months or if they had a license denied in the last 12 months, but we don't specifically ask if they have failed the compliance check. Thank you. It helps clarify that. You know, what I'm coming from on this, kind of bringing this maybe do a little bit of ahead, is what I hear the applicant on this, bringing this maybe to a little bit of a head, is what I hear the applicant saying is, he's okay paying the fine. That's not the issue. What I hear him saying is, I want this expunge from my record, because he wants to pretend that it never happened. And I want a second chance to give me one, two, three more inspections to show that I can be compliant, but the fact is he did fail. And I don't see how we can expunge anything from a record saying he did fail, let alone think about waving a fine, and he wasn't concerned about the fine anyway. So into me it's like, well, how far is that then if we let him do this to the other people that failed and are paying their fine. And they have that on their record that they had a failed compliance check. So I'm not in favor at all of granting that I'm in favor of what the staff's recommendation is just to move on with the fine and the record record the noncompliance. Other thoughts? Council Member Willis. Thank you, Mayor. I agree 100% just what you said. And I believe that the record is clear. And if you entertain a motion, I move that the city follow our procedure and policy and impose the sanctions provided for by that policy. As outlined in the resolution. Yes, yes, thank you. Yeah. Do we have any? Do we need a second? Second. No, we have a second. Any other discussion? All those in favor say aye. Aye. Aye. Opposed? That passes. Next we're on a general business, a point student member to the Parks and Recadvisory Commission. JT. Mr. Mayor and Council members, we went through the interview process to solicit and receive applications for our student, our first student member of the Parks and Recreation Advisory Commission, as you guys are aware, there was a subcommittee of council members who was responsible for reviewing the 14 applicants and interviewing six. I believe we interviewed six. We were all incredibly impressed with the applicant pool. It was, well, it restored my faith in the future of humanity, like just straight up 100%. And it was a very difficult decision, but we have decided on Pragya, who is not here this evening. Sravani is her last name, and Thacker, sorry, two different ones. So we have a recommendation for a resolution to adopt the appointment of Praga onto the Parks and Recreation Advisory Commission for a term that will last through May of next year. She's a senior at Wise at a High School and pending approval of her appointment. Her first meeting will be on Thursday evening for our Prague Meeting for September. And with that, I would stand for questions, but I would encourage you to chat with your other council members who are your very successful subcommittee and had a really good time. Mayor. All right. Questions? Will Council Member Poitner? I don't have a question, but I do have a comment. I agree. It was fun, and it was a chance to take a look at some really great students in Plymouth. And this was a really gonna go on consent and then we all said nope. We wanna call out these great kids. All right. Oh, come on, our Chasnick. Yeah, I just wanna echo JT's comment that it did restore my faith in humanity. These kids are so highly qualified, so well spoken. I mean, it was really just encouraging to meet them all. And it did give me a couple of ideas. One, you know, this is obviously a model, but with such an incredible applicant pool out there, you know, how might we be able to expand programs like that? Another question I had was, I know when I was in an intern program, I was assigned a mentor to make sure that I was kind of brought in and had a place, had a person to ask questions. And so I wanted to suggest that as a possibility, maybe one of the committee members could kind of take her under her wing. And I'd be happy to do that if that's appropriate, or if someone else is more appropriate, but just that kind of support. Yeah, I think JT can have that one covered. I think our staff is really good at bringing in our council members and sitting with them and talking and helping mentor them in their positions. Council member Gregor? Yeah, I just wanted to echo my fellow subcommittee members, comments and it sort of brings this meeting full circle after hearing from Urol with her internship experience that we are bringing another young person on board to our city government and getting them involved. And one of the things that we really recognized in talking to each of the student applicants was the need or the gap in our commission for that youth perspective, especially when it comes to our parks and recreation. So I am excited that we're able to do this and I'm hopeful that our we may be able to add more student members to this or other commissions in the future. So I'd like to make the motion to appoint Praga Thacker to the Parks and Recreation Commission. I can't. Second. Hey, we have motion in two seconds. Any other discussion? All those in favor say aye. Aye. Opposed? And that passes. Dave, any reports? Totally parts. Okay. Then we stand adjourned. Do you have any reports? Totally parts. OK. Then we stand adjourned. Thank you, everyone.