1997.07.21 CC Minutes - Laserfiche WebLink

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City Council meeting of July 21, 1997 Page 2 ALLEGED LIQUOR LICENSE AND SUP VIOLATION A hearing was scheduled for June 16,1997 to consider allegations that Robert McElmury, dba Bobber's Boats and Bait, 4444 129th Street, violated the conditions of the City's Liquor License Ordinance and the site's SUP by allowing customers or other nonemployees to remain on the premises more 30 minutes after its established closing time. It is also alleged that uses took place on the property which were not allowed by terms of the SUP agreed to between the City and Mr. McElmury. It is alleged that each of these violations occurred on May 10, 1997. At the request of the property owner, the hearing was postponed until this meeting. Based on the City Attorney's letter of June 24,1997, the following motion was made: Miron made motion, Leroux seconded, to withdraw the allegation of the violation of the liquor license from consideration since the alleged violation occurred on May 10, 1997, and Mr. McElmury was not actually issued a license until May 19, 1997. All aye. Motion Carried. Timothy Dunn, an attorney represented Mr. McElmury before the Council. Mr. McElmury stated that May 10th was opening day for fishing, and that he was being assisted in the operation of his facility by family members and three employees. Following closing of the facility at 9:00PM, the family members assisted him in removing and storing motors from the boats at his business, as well as cleaning up the site and the equipment. Kevin and Sherry Jechorek, relatives of Mr. McElmury, stated that they had brought the beer that was being consumed at the site, and they were, basically, having a refreshment after a "hard day's work". Following receipt of all testimony, the following motion was made: Leroux made motion, Goiffon seconded, that the Council make a finding that it has not been proved that Bobber's Boats and Bait violated the terms of the SUP on May 10, 1997, allowing uses to occur on the property which were not permitted under the terms of the SUP. VOTING AYE: Barnes, Goiffon, Johnson, Leroux, Miron Motion Carried. PURCHASE AGREEMENT (LINDEN PROPERTY) The Council considered a Purchase Agreement for the City's acquisition of approximately six acres of property owned by Rosemary Linden, as prepared by Mr. Robert Briggs of the City Attorney's law firm. The purchase price of the property of $213,966.72 was arrived