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Session 1725, Minutes <br />June 8, 1998 <br /> <br />Mr. Sharpe said that when Ms. Reed left last time, she was under the impression that if <br />she submitted this voluntarily that the license would be approved. The problem is that <br />she did not realize she needed to submit the application earlier, so that it could be <br />reviewed. She is doing everything in good faith. We have the application, and we <br />should not hold her up in getting her license. <br /> <br />Mr. Munkel said that the agenda says that we are looking at the liquor license <br />application and we do not yet have before us the conditional use permit. Therefore, he <br />would like to proceed with the liquor license question. <br /> <br />Mr. Sharpe moved approval of the liquor license. Mr. Lieberman seconded the motion. <br /> <br />Mr. Schoomer said that if the Council approved the liquor license now that there would <br />no longer be any control over what proceeds. The applicant can come forward <br />voluntarily at the next meeting and submit the document and the Council will rule on it. <br />He will have to vote no now, because he does not have the full documentation. The <br />Mayor replied that he does have before him an outline of what has been agreed. Mr. <br />Schoomer said that it was insufficient. <br /> <br />Responding to Mr. Lieberman, Mr. Ollendorff said that an argument could be made that <br />they are not only applying for a restaurant, but for a bar and an amusement center <br />indoors, and that those are conditional use permit items. One could argue that a <br />conditional use permit is needed. It is voluntary that they are bringing it in, but he is not <br />sure that they have the right to withdraw it. Responding further to Mr. Lieberman, Mr. <br />Ollendorff said that he did not think that Council could legally approve a liquor license <br />contingent upon a conditional use permit. <br /> <br />Mr. Lieberman asked Ms. Reed's attorney what advantage would it be for the Council to <br />approve the liquor license tonight. Mr. Whitney said that it is a benefit to the applicant <br />to get one of the processes completed tonight. <br /> <br />Mr. Wagner said that Mr. Schoomer had a good point when he stated that any leverage <br />we have in getting the conditional use permit the way we want it is gone if the liquor <br />license is approved before the conditional use permit. <br /> <br />The motion passed five to two, with Mr. Wagner and Mr. Munkel voting Nay. <br /> <br />AGENDA #7: CONDITIONAL USE- 6677 DELMAR: <br /> <br />Mr. Ollendorff recommended that the conditional use permit for a carry-out restaurant <br />be approved with conditions suggested by the Plan Commission including: <br /> <br /> <br />