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cited by the Minnesota Department of Revenue for violating the Minnesota Tax Code. Due to the violation, ABC Liquor voluntarily surrendered their license. In accordance with City Code, <br /> Staff recommends denying the request at this time based on the previous violation and a failed compliance check in 2006. <br /> <br />Ge Xiong, owner of ABC Liquor, approached the Council and described further the failed compliance check. <br /> <br />Mayor Flaherty questioned if the establishment was in the habit of carding. Mr. Xiong explained that he now had a card reading machine to assist with carding patrons. The card reader <br /> machine was purchased in 2009. <br /> <br />Mayor Flaherty was pleased that Mr. Xiong had taken the necessary steps to assure that there would not be any future concerns with sales to minors. He supported the approval of the <br /> tobacco license. <br /> <br />MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7959, a Resolution to Consider a Cigarette and Tobacco Business License for ABC Liquor located at 2840 Highway <br /> 10. <br /> <br /> Ayes – 5 Nays – 0 Motion carried. <br /> <br />Resolution 7957, SUIP Driveway Appeal to Allow a Second Curb Cut at 5101 Brighton Lane. <br /> <br />Planning Associate Heller commented the Council was being requested to consider a driveway appeal in Area E of the Street and Utility Improvement Project. The homeowners, Michael and <br /> Melinda Collins at 5101 Brighton Lane were requesting a second curb cut as it was a corner lot with a garage and driveway accessing Brighton Lane. However, the Collins have occasionally <br /> been driving into their backyard from Woodcrest Drive to access a shed in their rear yard. <br /> <br />Planning Associate Heller explained that City records show a permit to install concrete was applied for in 1986. The permit allowed for the installation of concrete between the house <br /> and a shed, and a strip leading to the south property line. The Collins would like to continue to be able to drive into the backyard after the new curbs are installed. <br /> <br />Planning Associate Heller noted the second curb cut does not meet all requirements as the access point did not exist prior to January of 2000 and has not been permitted by the City through <br /> an approved variance or other acceptable means. In addition, the access in question does not have an improved surface in compliance with City Code requirements. It was Staff’s opinion <br /> that a second curb cut would not be consistent with the standards and conditions set in the City Code and those in Resolution 7338. <br /> <br />Michael Collins, 5101 Brighton Lane, thought it was clear the area in his rear yard was a driveway to the shed and not a patio area. He commented that he had an adult daughter moving <br />