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12-17-1979 CC MIN
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12-17-1979 CC MIN
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City Government
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12/17/1979
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<br />7. Brentwood Preliminary Plat <br /> <br />The City Administrator indicated the Planning Commission reviewed the lot size <br />variance and the preliminary plat and found the variance would not create an ,~ _ <br />adverse impact on the City's building controls and, as such, recommendeda.pproval ~c':::, <br />of the preliminary plat. Councilman Toth had some questions regarding ground <br />water travel and what impact it would have on the areas south of the develop- <br />ment. Councilman Toth suggested these questions be investigated by the City <br />Planner and the City Engineer. COUNCILMAN TOTH MOVED APPROVAL OF THE BRENT- <br />WOOD PRELIMINARY PLAT AND LOT SIZE VARIANCE. COUNCILMAN DUITSMAN SECONDED THE <br />MOTION. MOTION PASSED 4-0. <br /> <br />8. William Campbell Liquor License <br /> <br />The City Administrator reviewed Mr. Campbell's request for the Council and <br />indicated that no problems had been encountered in the City's background investi- <br />gation. COUNCILMAN OTTO MOVED APPROVAL OF A LIQUOR LICENSE TO BE GRANTED TO <br />MR. WILLIAM CAMPBELL TO OPERATE CAMPBELL'S ELK BOWL AND LOUNGE; COUNCILMAN <br />DUITSMAN SECONDED THE MOTION. MOTION PASSED4~0. <br /> <br />9. Povlitzki Liquor License <br /> <br />Mr. Tom Libra, real estate agent for Richard and Marlene Povlitzki, was present <br />to request tabling of the liquor license application until a special meeting <br />requested to be held December 20, 1979. The City Administrator indicated the <br />City had not completed its investigation into the background of Richard and <br />Marlene Povlitzki. The City Administrator also indicated the Povlitzki's <br />have held liquor licenses in the City of Fridley, the City of Minneapolis, <br />North Dakota and Las Vegas, Nevada and that all establishments had been investi- <br />gated with the City of Fridley posing some questions. The City of Fridley <br />experienced significant problems with the Povlitzki establishment. The City <br />Administrator indicated questions were raised as to why the City of Fridley <br />issued a license to the Povlitzki's for 14 years when they experienced the <br />problems. The City Administrator also indicated the City of Minneapolis <br />originally denied a liquor license to the Povlitzki's but Mr. Povlitzki <br />appealed the licensing divisions decision to the City Council which reversed <br />the denial. Mr. Tom Libra indicated it had been five years since the Pov~ <br />litzki's-held a license in Fridley and since then they have held five licenses <br />in five different locations. The City Administrator indicated that City staff <br />could not, until further investigation, recommend approval of a liquor license <br />to be issued to the Povlitzki's. COUNCILMAN ENGSTROM MOVED APPROVAL OF TABLING <br />THE LIQUOR LICENSE APPLICATION REQUEST BY THE POVLITZKI'S UNTIL A SP~CIAL <br />MEETING TO BEHELD DECEMBER 20, 1979 AT 5:15P.M. AT THE ELK RIVER CITY HALL. <br />COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 4-0. <br /> <br /> <br />10. Policy for Refund of Liquor License Fees <br /> <br />The City Administrator indicated the State Intoxicating Liquor Statute gives <br />the municipality.the option of refunding the license fees in the event a <br />business is damaged by fire, death of the licensee or if the licensee is other- <br />wise unable to continue or it becomes unlawful to carryon the business for <br />reasons other .than revocation of a license. The City Administrator further <br />indicated there was no language in the Statute requiring the municipality to <br />refund liquor fees and that the City of Elk River was under no obligation <br /> <br />~~t~oA:~ini~~~~~o~a1::~i::k~~a~h~~h~: ~~:m~~~~~~si~eo~~:rf~~~~~~t~{~h d~~e ~:~ <br /> <br />not refund license fees. The City Administrator further indicated the League <br />of Cities was publishing a new model ordinance for municipalities and according <br />to their ordinance, a refund would not be permitted. Mr. Dick Dorsey asked if <br />
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