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Mounds View City Council April 9, 1984 Regular Meeting Page Seven Mr. Michna stated he had called the Police once, but emphasized his complaint was not with the establish- ment but rather with someone who had been stuck in the parking lot, then came over and urinated in his yard. He reported the Police did a breath test of the individual, but he passed. He added that the incident was not connected with Mr. Povlitzki at all, as the individual never went into his establishment. He also stated it is his belief that the Police must observe someone before they can take any action. Mr. Michna stated also that there have been far fewer problems with Mr. Povlitzki than were experienced with the Anchor Inn. Mr. Povlitzki pointed out the McGinn's property is on the corner of County Road H2 and Edgewood, with H2 being a feeder street for the Mermaid, Loose Ends and Donatelle's, and he stated he firmly believes their problem with beer bottles comes from people driving by, as his patrons would not walk across the street to their lawn to throw bottles, then walk back to the parking lot to their cars. Mayor McCarty closed the public hearing and reopened the regular meeting at 8:25 PM. Mayor McCarty stated he agrees there is a very good Police record for Povlitzki's, but added that not all incidents are reported. He added the establish- ment itself will determine how many complaints are received. Mayor McCarty stated that noise seems to be the biggest problem and suggested perhaps having an attendent in the parking lot prior to closing, to monitor the situation. Police Chief Ramacher explained that in order for the Police to approach someone, there must be probable cause before any action is taken, and they must either witness it themselves or have a citizens complaint, or an accident must be involved. Mayor McCarty advised Mr. Povlitzki the driveway closings must be coordinated with the Fire Chief. Mr. Povlitzki replied that he was under the impression they had been approved already, as he was before the Planning Comm ssion at their April 4 meeting, where they approved the closing off of the Edgewood and Greenfield exits. Director Thatiier advised that the Planning Commission recommendation will be before the Council at their next agenda session. Mayor McCarty stated that in terms of the volume of music, from personal experience he feels it could be turned down somewhat. Mrs. Povlitzki replied that they recently broke a contract with a band who