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Regular City Council Meeting — O1/26/04 <br />DRAFT Minutes - Page 21 <br />As previously noted, this application was withdrawn by the <br />applicant. <br />City Attorney Anderson stated that the Council may resolve the <br />issue by acting to accept their withdrawal. As well, the Council <br />should direct staff to send a letter to SuperAmerica notifying <br />them of the action. <br />Maschka moved, Kough seconded, to the withdrawal of the <br />Applicant, Speedway SuperAmerica, for a Conditional Use <br />Permit and Liquor License at 2172 Lexington Avenue (PF <br />3524);" as per the e-mail request for withdrawal dated January <br />26, 2004 at 4;Q8 p.m.; and directed to staff to provide written <br />notification to the applicant of tonight's Council action with all <br />due haste. <br />Roll Call <br />Ayes: Schroeder, Maschka, Kough and Klausing. <br />Nays: None. <br />8. Appoint a New City Councilmember <br />Mayor Klausing noted Councilmember Kough's suggestion for <br />proceeding with temporary appointment to the City Council as <br />included in the Council Agenda Packet for City Council <br />consideration. Mayor Klausing asked City Attorney Anderson to <br />clarify the procedure according to Minnesota State Statute; after <br />which Public Comment would be received on the qualifications <br />of the applicants. Mayor Klausing noted that the City Council <br />would not entertain comments from applicants, as they had been <br />provided that opportunity during the interview process. Mayor <br />Klausing opined his preference for a consensus, rather than <br />multiple nominations, requiring the Mayor to break the tie by <br />appointment. <br />Councilmembers concurred with the proposed process. <br />City Attorney Anderson provided a copy of the applicable <br />portion of Minnesota State Statute 412.02 as a bench handout, <br />with portions highlighted as appropriate to tonight's decision- <br />making process. Mr. Anderson reviewed the Special Election <br />procedure, the need for appointment to the vacancy until the <br />Special Election, and clarified that with the first motion enacted <br />Use Permit to <br />Operate a Liquor <br />Store at 2172 North <br />Lexington Avenue <br />PF 3524) and <br />Conduct a Public <br />Hearing to <br />Consider <br />SuperAmerica's <br />Request for an Off- <br />Sale Liquor License <br />Appoint a New City <br />Councilmember <br />