Agenda Packets - 2014/09/22 - Laserfiche WebLink

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Mounds View City Council July 28, 2014 Regular Meeting Page 8 1 Council Member Hull questioned how long the Council would have to wait until a representative 2 from Sam’s Food Market would attend a City Council meeting. Acting City Administrator Crane 3 reported that Sam’s Food Market and their attorney were notified of the meeting. 4 5 Council Member Gunn discussed the numerous notifications staff sent to representatives at 6 Sam’s Food Market. She expressed frustration that a representative from Sam’s Food Market 7 was not present this evening. She questioned how much more time the City should allow. City 8 Attorney Riggs commented the Council could choose to approve, deny or postpone the matter. If 9 the Council elects to postpone the matter, it should be to a date certain. This option would allow 10 staff to gather additional information on the inconsistencies. 11 12 Council Member Mueller believed that City Code allows for clear denial of this case given the 13 fact the applicant contains unclear or false information. She explained that staff has allowed for 14 ample time for the applicant to respond to the concerns that have been raised. She believed that 15 because the applicant was not present this evening, there was a clear lack of respect to the City 16 Council and the community. She was not in favor of postponement, but rather recommended the 17 tobacco license be denied. 18 19 Council Member Meehlhause agreed and stated he would support a denial of the tobacco license. 20 21 Fayeth Seith, Mounds View Tobacco, stated he did not want to be put out of business. He 22 indicated his business never sold to minors. He provided comment on Section J. 23 24 Mayor Flaherty recommended that comments regarding Section J of the Ordinance be brought to 25 the Council under Item G on the agenda. 26 27 Ayes – 1 Nays – 4 (Gunn, Hull, Meehlhause and Mueller) Motion failed. 28 29 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8286, 30 Recommending Denial of a Tobacco Business License to Babelon, Inc., Doing Business as 31 Sam’s Food Market, located at 2408 County Road I based on City Code Section 512.05. 32 33 City Attorney Riggs provided additional language to be included within the Resolution. He 34 reported it should be clear that the applicant included false or misleading information on his 35 application. The Council agreed with these modifications. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 40 The Council agreed to next discuss Item G. 41 42 G. Second Reading of Ordinance 889, Revising Chapter 512 of the Mounds 43 View City Code Pertaining to Cigarette and Tobacco Products (Roll Call 44 Vote). 45