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09-24-1997 CC MINSPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL WEDNESDAY, SEPTEMBER 24, 1997 Members Present: Mayor Duitsman, Did'z, and Thompson, Members Absent: Councilmembers Farber, and Holmgren Staff Present: Pat Klaers, City Administrator; and Sandra Thackeray, City Clerk; 1. Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 5:20 p.m. by Mayor Duitsman. 2. Consider A.qenda The following items were added to the agenda: 4.1. Liquor License - Sunshine Depot COUNCILMEMBER THOMPSON MOVED TO APPROVE THE SEPTEMBER 24, 1997, CITY COUNCIL AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3. Canvass Park Bond Referendum Election Results The City Clerk reviewed the election results indicating that the proposition did not receive approval of a majority of the votes cast and, therefore, the question failed. She stated that the vote was as follows: 473 in favor of the question and 681 opposed to the question. COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 97-102 CANVASSING RETURNS OF PARK BOND REFERENDUM HELD SEPTEMBER 23, 1997. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 4. Other Business 4.1. Liquor License for Sunshine Depot The City Clerk informed the council that the liquor liability insurance for the Sunshine Depot has been canceled as of August 27, 1997. She indicated that the City became aware of this on September 23, 1997. The City Clerk informed the Council that according to state law and the city's ordinance, because Mr. Purmort, liquor licensee for the Sunshine Depot, does not carry liquor liability insurance, he no longer has a liquor license to sell liquor. She stated that a letter has been delivered to Mr. Purmort indicating that he must cease liquor sales immediately. The City Clerk stated that according to the City's Ordinance, Mr. Purmort must be afforded a hearing by the council. She indicated that the City Council Minutes September 24, 1997 Page 2 hearing will include discussion regarding the revocation of the liquor license. COUNCILMEMBER DIETZ MOVED TO SET A HEARING BY THE COUNCIL ON OCTOBER 6, 1997, AT 6:00 P.M. TO DISCUSS THE REVOCATION OF THE LIQUOR LICENSE FOR THE SUNSHINE DEPOT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 3-0. The City Clerk indicated that Rob Vanvalkenburg is the owner of the Sunshine Depot building and business which is leased by John Purmort. She indicated that Mr. Vanvalkenburg is present this evening and wishes to make application for a liquor license for the Sunshine Depot. She indicated that the City Ordinance allows the transfer of a liquor license at the Council's discretion. Rob Vanvalkenburg requested the council to grant him a liquor license contingent upon insurance and legal documentation indicating ownership. He stated he would like to open the Sunshine Depot as soon as possible. COUNCILMEMBER DIETZ MOVED TO TRANSFER LIQUOR LICENSE OF THE SUNSHINE DEPOT FROM JOHN PURMORT TO ROBIN VANVALKENBURG CONTINGENT UPON THE FOLLOWING CONDITIONS: THE CITY USE MR. VANVALKENBURG'S EXISTING BACKGROUND CHECK WHICH IS ON FILE IN THE CITY CLERK'S OFFICE. NO LIQUOR LICENSE FEE FOR THE REMAINING OF THE LICENSING YEAR BE CHARGED DUE TO THIS BEING A TRANSFER AND NOT A NEW APPLICATION. THAT MR. VANVALKENBURG PROVIDE LEGAL DOCUMENTATION INDICATING THAT HE IS THE CURRENT OWNER OF THE BUSINESS. THAT MR. VANVALKENBURG PROVIDE CURRENT LIQUOR LIABILITY INSURANCE FOR THE SUNSHINE DEPOT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 3-0. City Council Minutes September 24, 1997 Page 3 5. Adjournment There being no further business, COUNCILMEMBER DIETZ MOVED TO ADJOURN THE COUNCIL MEETING. COUNClLMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED $-0. The meeting of the Elk River was adjourned at 5:40 P.M. mitted,Sandra Thacker~ City Clerk