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MINUTES <br />CITY COUNCIL <br />FEBRUARY 22, 2016 <br />recently learned that the Smoke Shop was also relocated in 2014 by the <br />property owner from 37 Little Canada Road East to 27 Little Canada Road <br />East. The City Clerk explained that the city recently received a letter from <br />John Miles stating that the Smoke Shop was moved because of the <br />restaurant plans, along with a drawing showing that their new location is <br />smaller than the previous space, and no other changes were made to the <br />business. The City Clerk stated she recommends retroactive approval be <br />given to the Smoke Shop in this new location, based on the request of the <br />property owner due to the planned renovations within the mall. She also <br />recommends their current license remain in effect with all rights as <br />previously existed at the former address. <br />David Nelson, owner of the Hookah Hideout, 3 Little Canada Road East, <br />stated he has concerns about the city deciding to give retroactive approval <br />to the Smoke Shop. He referred to a state statute that he felt was <br />applicable in this case, and stated that the city cannot give any retroactive <br />approvals. He stated that cities do not have the authority to apply equity. <br />Mr. Nelson stated that when the VooDoo Live concept was being planned, <br />there was no talk of the Smoke Shop being moved, and the city ultimately <br />denied the VooDoo Live plan. <br />The City Attorney addressed Mr. Nelson's reference to State Statute <br />645.21. The City Attorney stated that Statute actually deals with <br />interpretation of state statues and is irrelevant in this case. He noted that <br />issues of equity can be practiced by cities and counties. <br />Keis stated that he sees this as an issue of equity. Mr. Nelson stated that <br />he disagrees and this is not equity. <br />McGraw introduced the following resolution and moved its adoption: <br />RESOL UTION NO. 2016-2-44 — APPROVING RETROACTIVE <br />APPROVAL FOR THE RELOCATION OF THE LITTLE CANADA <br />SMOKE SHOP WITHIN THE LITTLE CANADA ROAD SHOPPING <br />CENTERS AS REQUESTED BY JOHN DER OSA TO THE NEW <br />SPACE THAT WAS DESIGNATED BY THE BUILDING OWNER, <br />AND KEEPING THEIR "GRANDFATHER"STA TUS. <br />The foregoing resolution was duly seconded by Keis. <br />Ayes (5). <br />Nays (0). Resolution declared adopted. <br />REVIEW OF 2016 The City Administrator stated that the Council held a goal setting session <br />GOAL SETTING on February 17, 2016. Councilmember Torkelson was not able to attend, <br />SESSION <br />5 <br />