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01-05-10 Special CC Minutes Special Meeting of the City Council January 5,2010 Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on January 5, 2010 at 6:00 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Administrative Hearing - Tobacco License - Walgreens - 5695 Duluth Street Mayor Loomis opened the meeting and introduced City Attorney Allen Barnard. Allen Barnard presented an overview of the administrative hearing process and answered questions from the Council. Allen Barnard administered the oath to those present to testify. Eric Steinhoff, Attorney representing Walgreens, introduced the Store Manager and District Manager, stated that Walgreens is taking the violations very seriously, they have a comprehensive tobacco sales program, they have strict education program and training, and they also do independent stings and they would like to review their license. Nick Christoff, District Manager, stated they would be open to working with the Police Department for additional training for the staff; reviewed the process the clerk goes through when a tobacco product is sold; stated it was an unfortunate occurrence that this has happened so frequently at this location; stated they could change their policy and terminate an employee immediately after tobacco is sold to a minor and stated they will do what it takes to operate in a manner which is good for the community. Mark Stormoen, Store Manager, reviewed the process the clerk uses when entering the system when a tobacco product is sold; reviewed the process the clerk goes through if a violation does occur; stated they have a good system in place, they have a television monitoring system; and they hire a company to do independent stings at their locations, stated sometimes the employees don't follow the procedures and don't do what is expected of them; and stated that they did terminate the employment of one of the clerks for not following the system. Thomas Burt answered questions from the Council. Stacy Altonen, Police Chief, stated that staff recommended revocation of the license and that the 2010 license not be renewed. Special Meeting of the City Council January 5,2010 Page 2 MOVED by Shaffer, seconded by Freiberg and motion carried unanimously that the Council has determined that is not appropriate to issue a cigarette - tobacco product license to Walgreens based on the following findings: repeated failed compliance checks even after an allowance was made in the past to try to correct their program. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Adjournment The Mayor adjourned the meeting at 6:37 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant