5.2, 5.3, 5.4 PCSR 04-25-1995 - Laserfiche WebLink

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1z-4 19 1 79 7. Brentwood Preliminary Plat imw The City Administrator indicated the Planning Commission reviewed the lot size • variance and the preliminary plat and found the variance would not create an adverse impact on the City's building controls and, as such, recommended approval t of the preliminary plat. Councilman Toth had some questions regarding ground water travel and what impact it would have on the areas south of the develop- ment. Councilman Toth suggested these questions be investigated by the City Planner and the City Engineer. COUNCILMAN TOTH MOVED APPROVAL OF THE BRENT- WOOD PRELIMINARY PLAT AND LOT SIZE VARIANCE. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 8. William Campbell Liquor License The City Administrator reviewed Mr. Campbell's request for the Council and indicated that no problems had been encountered in the City's background investi- gation. COUNCILMAN OTTO MOVED APPROVAL OF A LIQUOR LICENSE TO BE GRANTED TO MR. WILLIAM CAMPBELL TO OPERATE CAMPBELL'S ELK BOWL AND LOUNGE. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED 4-0. 9. Povlitzki Liquor License Mr. Tom Libra, real estate agent for Richard and Marlene Povlitzki, was present to request tabling of the liquor license application until a special meeting requested to be held December 20, 1979. The City Administrator indicated the City had not completed its investigation into the background of Richard and Marlene Povlitzki. The City Administrator also indicated the Povlitzki' s have held liquor licenses in the City of Fridley, the City of Minneapolis , North Dakota and Las Vegas, Nevada and that all establishments had been investi- gated with the City of Fridley posing some questions. The City of Fridley �i experienced significant problems with the Povlitzki establishment. The City Administrator indicated questions were raised as to why the City of Fridley issued a license to the Povlitzki's for 14 years when they experienced the problems. The City Administrator also indicated the City of Minneapolis originally denied a liquor license to the Povlitzki's but Mr. Povlitzki appealed the licensing divisions decision to the City Council which reversed the denial. Mr. Tom Libra indicated it had been five years since the Pov- litzki's held a license in Fridley and since then they have held five licenses in five different locations. The City Administrator indicated that City staff could not, until further investigation, recommend approval of a liquor license to be issued to the Povlitzki's. COUNCILMAN ENGSTROM MOVED APPROVAL OF TABLING THE LIQUOR LICENSE APPLICATION REQUEST BY THE POVLITZKI'S UNTIL A SPECIAL MEETING TO BE HELD DECEMBER 20, 1979 AT 5: 15P.M. AT THE ELK RIVER CITY HALL. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. 10. Policy for Refund of Liquor License Fees The City Administrator indicated the State Intoxicating Liquor Statute gives the municipality the option of refunding the license fees in the event a business is damaged by fire, death of the licensee or if the licensee is other- wise unable to continue or it becomes unlawful to carry on the business for reasons other than revocation of a license. The City Administrator further indicated there was no language in the Statute requiring the municipality to refund liquor fees and that the City of Elk River was under no obligation • to do so. Mayor Madsen asked what is the policy in other coumiunities. The City Administrator implied that other communities he was familiar with didsrle not refund license fees. The City Administrator further indicated the League of Cities was publishing a new model ordinance for municipalities and according to their ordinance, a refund would not be permitted. Mr. Dick Dorsey asked if