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City Council meeting of November 1, 1999
<br />Page 3
<br />REZONING REQUEST (MCELMURY)
<br />Mr. Robert T. McElmury, 1923 Stillwater St., White Bear Lake, applied to rezone approximately 0.65
<br />acres on 129th Street North, near the north end of Bald Eagle Lake, from Urban Residential to
<br />Residential Service. The property is part of Government Lot 1, Sec. 31, T31N, R21 W, and is currently
<br />operated as Bobber's Boats and Bait. The Planning Commission conducted a public hearing on the
<br />application during their regular meeting of October 27, 1999, at which time they recommended denial of
<br />the rezoning as it was inconsistent with the City's Comprehensive Plan and conflicted with adjacent
<br />residential property uses. The Planning Commission's specific concerns were that this may be
<br />considered spot zoning and the reclassification of the property to residential service may allow intrusive
<br />commercial uses into a residential neighborhood without adequate streets to serve commercial demands.
<br />Barnes made motion, Petryk seconded, to deny McElmury's request to rezone from Urban Residential to
<br />Residential Service in accordance with the recommendation made by the Planning Commission.
<br />AYES: Barnes, Haas, Leroux, Petryk, Stoltzman
<br />Motion carried.
<br />CIVIL PENALTY HEARING (RICCI'S)
<br />Mayor Stoltzman called to order the hearing to consider if Mr. BoRaymond Bogotty, doing business at
<br />Senor Ricci's, 14777 Forest Boulevard, Hugo, violated the conditions of his license to sell alcohol
<br />beverages in the community by selling alcohol to a minor on or about July 29, 1999. Mr. Bogotty was
<br />found in violation of the same offense on November 18, 1999, after furnishing alcohol to a person under
<br />21 years of age, at the same establishment, on March 2, 1999.
<br />PRESENT: Barnes, Haas, Leroux, Petryk, Stoltzman
<br />City Administrator, Robert Museus
<br />City Attorney, Dave Snyder
<br />BoRaymond Bogotty, Owner of Ricci's
<br />Mayor Stoltzman summarized the allegation against Ricci's. Bogotty, representing himself, stated he
<br />should not be punished for the actions of his bartender, since she was not an employee but an
<br />independent contractor. After all testimony was presented to the Council, the following motion was
<br />made:
<br />Barnes made motion, Petryk seconded, to make a finding that a violation of Hugo City Code Chapter
<br />150, Sec. 10, Subd. 3 and Minnesota Statutes Section 340A.503, Sudb. 2 (1) has been proved based
<br />upon the evidence and information received by the Council at this hearing.
<br />AYES: Barnes, Haas, Leroux, Petryk, Stoltzman
<br />Motion carried.
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