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Regular City Council Meeting Monday, December 15, 2008 Page 15 b. Consider Resolution Approving Amendment to the Infrastructure Improve- ments for the Twin Lakes AUAR Area -Final Report City Engineer Debra Bloom briefly reviewed the request for Council action dated December 15, 2008, seeking amendment to the "Infrastructure Improvements for the Twin Lakes AUAR Area -Final Report," by including the cost to construct Iona Lane increasing overall improvement costs by $426,075, ultimately allocated to developers of affected properties. Roe moved, Klausing seconded, approval of an Amendment to the "Infrastructure Improvements for the Twin Lakes AUAR Area -Final Report." Roll Call Ayes: Ihlan; Willmus; Pust; Roe; and Klausing. Nays: None. c. Further Discussion on the 2009 On-Sale and Sunday Intoxicating Liquor Li- cense Renewals for Selected Establishments Mayor Klausing expressed concern with the action before the City Council related to these three businesses, and the broader policy discussion and implications be- fore the City Council. Finance Director Chris Miller recognized that the City Council wished to .have further policy discussions and potential code amendment; however reminded Councilmembers that this was the last meeting of the year, and licenses for these businesses expired December 31, 2008, and the need to consider whether or not to renew their licenses. Councilmember Pust sought legal advice from City Attorney Scott Anderson, given existing City Code language. City Attorney Anderson advised Councilmembers that they could take action not to renew for reasonable cause, under existing City Code language, as upheld by recent case law, as long as they provided findings for non-renewal. Mr. Anderson reminded Councilmembers that being a licensee was a privilege, not a right; and advised that the City Council could use their discretion, as long as licensees -had been given notice and an opportunity to be heard. Mr. Anderson noted that cur- rent City Code should be reviewed and a subsequent policy discussion held, as well as clarifying language in various and related sections. Mr. Anderson advised that, if the licensee appealed the quasi judicial decision of the City Council, they could appeal directly to the Court of Appeals. City Attorney Anderson advised that previously expressed concerns of his office regarding due process for licensees had been addressed with issuance and delivery of letters to those three businesses.