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City Council minutes -5- January 26, 1976 The regular Council meeting was reconvened at 9:15 p.m. Administrator Achen presented the minor subdivision request of Patrick Novak, 8368 Groveland. It was originally an uneven lot split and the Planning Commission recommended that the Council approve a lot split that was even. Otherwise no problems and the staff has no further recommendations. MSP (Shelquist- Hodges) that the Council approve the minor subdi- vision request of Patrick Novak, 8368 Groveland, as recommended by the Planning Commission to create two even lots subject to a utility easement of 5 feet on each lot on the back lot lines, if not already taken, and subject to park deduction. 5 ayes MSP (Shelquist- Baumgartner) that the Council approve the minor subdivision request of Delmar Ford, 8378 Groveland, as recommended by the Planning Commission to create two even lots subject to a utility easement of 5 feet on each lot on the back lot lines, if not already taken, and subject to park dedication. 5 ayes MSP (Johnson - Shelquist) that the Council approve the minor subdivision of Janice Michael, 8330 Groveland, as recommended by the Planning Commission and as drawn on Exhibit A which was received from Janice Michael. 5 ayes Administrator Achen explained the request of Wayne Speczka, 7634 Groveland, minor subdivision, stating that it involved a variance because there was a garage that prevented dividing the original lot in half. The Planning Commission approved a variance allowing 5 -foot setback on the rear lot line for the garage. MSP (Hodges - Pickar) that the Council accept the recommendations of the Planning Commission to approve the minor subdivision request of Wayne Speczka, 7634 Groveland, allowing a 5 -foot variance on the lot line. 5 ayes Attorney Meyers introduced the proposed ordinances amending intoxicating liquor, cabaret and restaurant license fees. He stated that the Council, according to Minnesota Statutes, has the right to do this. The annual license fees shall be fixed in advance. A municipality may revoke a license for cause. In this particular city licenses are issued as of July 1 every year. The city can issue up to the number authorized by Statute. The licensee has no vested right in the liquor license. The city takes each one as it comes, reviews it and issues or denies the license. It does not have to issue any liquor license and is in full authority to establish the liquor license fee based on the criteria that would be appropriate. The ordinary license fees of any business should be related to administrative expenses but the legislature has allowed municipalities to use other criteria, i.e. amount of services that would be necessary, such as police services. The city has wide discretion, but it should be clarified clearly and the court would interpret it as reasonable.