05/27/2008 Council Minutes - Laserfiche WebLink

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CITY COUNCIL WORK SESSION • 1 2 3 4 5 DATE 6 TIME STARTED 7 TIME ENDED 8 MEMBERS PRESENT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 lip 46 MEMBERS ABSENT APPROVED CITY OF LINO LAKES MINUTES May 27, 2008 : May 27, 2008 . 5:30 p.m. . 6:30 p.m. : Councilmember Gallup, O'Donnell, Stoltz, Reinert and Mayor Bergeson : none Staff members present: City Administrator, Gordon Heitke; Community Development Director, Mike Grochala; City Engineer, Jim Studenski; Finance Director, Al Rolek; Director of Public Safety, Dave Pecchia; City Attorney, Scott Baumgartner; City Clerk, Julie Bartell REVIEW REGULAR AGENDA ITEMS There was no change to the regular agenda. The following agenda items were discussed. Item 3A Consideration of New Off -Sale Liquor License for Liquor Barrel, Inc. at 7997 Lake Drive — Julie Bartell explained that on May 12, 2008, the City Council took action to table the off -sale liquor and tobacco license application of the Liquor Barrel in order to give further consideration to the license application. Following the meeting, staff encouraged council members to identify any needed information to facilitate a staff response. The information requested and staff response was reviewed. Attorney Baumgartner explained that city's do have some discretion in granting or renewing licenses. The important factor is not to act arbitrarily or capriciously. When asked about the impact of another liquor establishment on public safety resources, Chief Pecchia noted that the department does not have any specific objections. They do receive grant funding each year to do compliance and enforcement activity. It was noted by the council the Liquor Barrel application must be considered under the current ordinance. The council may want to look in the future at new elements to the city's regulations but that cannot impact this application. It was noted that an off sale establishment that was opened in 2006, MGM Wine and Spirits, had apparently gone out of business this year. The council wondered if MGM were to return with a license request, would the city be obligated to grant it, as a renewal or new license? The City Attorney suggested again that cities do have some discretion in granting liquor licenses and should have grounds to deny a license, even if it were a new applicant.