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Regular City Council Meeting Monday,January 27, 2014 Page 17 Roll Call Ayes: McGehee; Willmus; Laliberte; Etten; and Roe. Nays: None. b. Consider a Request to STAY the Transfer and License Renewal of an Off- Sale Liquor License to Minnesota Fine Wines & Spirits, LLC (Total Wine & More) Bench handouts specific to this item, included a revised draft resolution (Attach- ment A); and written public comments dated January 24, 2014 to the Roseville City Council and City Manager received from Ms. Wendy Thompson attached hereto and made a part hereof, At the request of Mayor Roe, City Attorney Gaughan reviewed the background of the transfer and renewal; and subsequent action of the Minnesota Licensed Bever- age Association and Stephens Liquor Store (a/k/a Fairview Wine & Spirits) bring- ing legal action to the Minnesota Court of Appeals, contesting the City Council's decisions. Mr. Gaughan clarified that this was not a reconsideration of the City Council's actions taken in December, but since the request was for appellate re- view of that action, the entities referenced above were requesting the City Council to STAY their decisions pending the outcome of the appellate court. City Attorney Gaughan advised Councilmembers that there were three options available to the City Council: 1) to deny the request to stay enforcement; 2) to grant to stay enforcement; or 3) to grant the request but condition it upon the Minnesota Licensed Beverage Association and Stephen's Liquor Store to provide security to preserve the value of the license to the license holder. Mr. Gaughan noted that, if the license holder intends to begin operations this spring, there may be some financial impacts to them if the license is not enforceable at that time. City Attorney Gaughan advised that the City Council may wish to take testimony from all parties with a stake in this issue; and in this body's role as a quasi- judicial authority, they needed to base their action on specific findings of fact. Mr. Gaughan advised that a draft resolution to that effect, including blanks for those findings, was included as a bench handout at tonight's meeting. Mr. Gaughan advised that, no matter the decision whether to stay or not, the parties could bring a motion forward to the Court of Appeals, requesting a stay of en- forcement. Mr. Gaughan advised that the next step would be if the parties wanted to continue to pursue this under those legal remedies; but it would be appropriate for the City Council to hear from the requesting entities and from others with any potential direct impact on the face of the City Council's decision tonight. At the request of Councilmember Etten, Mr. Gaughan addressed ramifications if the appellate court found that the City Council had been wrong in transferring and renewing the license. City Attorney Gaughan advised that those ramifications