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I I I I I I i I I I I I I I I I I ! that individual says that city oom~cils aah give p~lioe ~hiefs the p~wer to issue ~amhling permits. Mr. Goodric/~ stated that after ~c~e researc~h he has determined that city ~om~cJd's cannot de/~gate that ~x~er. B. Vacation Of Old C.S.A.H. ~5 In Front Of Lord Of T,~fe Lutheran Church: Oo~cil noted introduction of Ordinance f85-12 vacating eld C.S.A.H. #5 right- of-way p~operty in front of Lord of Life Lutheran (~urch. Motion by Oouncilm~ber (]ox and seoonded by O~uncilm~ber Reimann to s~h~ule a pjh]_ic h~aring for Sept~ber 10, 1985 regardin9 the vaoatin9 ~f C.S.A.B. f5 right-of-way ~xoper ry. Motion carried. Voting Yes: Mayor ~eitman, Gouncilm~nbers Sorteberg, (]ox, Reimann and $chlueter. Voting No~ None. O~uncilm~ber Gox thanked County O0emissio~er Baas for getting Oounty assistance in the Waltek situation with MPCA. Case ~: Regu_ est For Off-Sale Liquor License~ Case Of Mr. George WilGox: Mr. Goodrich stated that State 1~ allows for 12 off-sale liquor licenses in ~amsey; City Ordinance limits the City to 2 ~ff-sale liquor licenses. Mr. Wiloox is applying for a liquor lioense at Discount 10, which is ~urrently vacant. O~uncil can choose to disregard that building and advertise that Ramsey has 1 off-sale liquor license available. Mr. Goodrich stated that he is of the opinion that Ramsey has an obligation to that vacant Disoount 10 building and would be hard pressed to show a oourt that the City does not intend to all(w off-sale in that building. Motion by Go~cilms~ber Oox and ~nd~d bi O)uncil~r Reimann to schedule a public hearin9 for Sept~ber 10 regarding Mr. Wiloox' application for an off- sale liquor license at Disoount 10. Further Discussion: Mayor Heitman irguired if this action would set a preoedenoe. Mr. Goodrich replied but it Ixobably would but he has seen cases where existing uses establish p~iority. Motion carried. Voting Yes: Mayor Beitman, Gouncil~bers Sorteberg, Cox, Reimann and Schlueter. Voting No: None. Case ~7: Discussion Regarding Regu_ est Fr~. Mr. And Mrs. Joseph ~ack: Mr. Stack was present and r~quested that the City take over road easement acoess fr~m Gounty Road %64 to 181st Avenue ~ as there are now two other b~mes using the easement. Mr. Stack stated that the building inspector told him that City Oodes says that if more than one house is using the road, it has to be a public eas~ent. (b~cil informed Mr. Stack that the City cannot take over the street ~til it is brought up to City Gode and that wo~ld involve either the 3 property owners August 27, 1985 Page 25 ef 28