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I , I Council Meeting Minutes October 13, 1987 Motion by Williams, seconded by Blomquist, to DIRECT NEW BRIGHTON'S CITY MANAGER TO EXECUTE LIMITED ANIMAL CONTROL SERVICE CONTRACTS WITH THE CITIES OF FALCON HEIGHTS AND ST. ANTHONY, THE CONTRACT WITH FALCON HEIGHTS TO EXCLUDE THE UNIVERSITY OF MINNESOTA AREA AND THE STATE FAIR GROUNDS. 4 Ayes - 0 Nayes, Motion Carried Locke reviewed the staff report recommending denial of an extension of Brighton Oaks Shopping Center's development agreement because of the time that has passed and because we have seen interest from other developers which the city would like to pursue, in addition to working with Parkhill/Pemble. Dave Parkhill, developer, stated after he last received an exten- sion to build a 90-100,000 square foot shopping center he had lost and was unable to obtain a replacement for a major, and, in the absence of a major, the lender's resisted. Parkhill has scaled down the project to 50-60,000 square feet leaving the three build- ings in the medical area, refacing them to match the shopping cen- ter (a 50,000 square foot project would leave the existing lumber- yard; a 60,000 square foot project would remove the existing lum- beryard). With the scaled down project, Parkhill will take care of demolition and would purchase a piece of the land (reducing the city's commitment); and is proposing to request a license for an 8,000 square foot off-sale liquor store. Realizing he is "out of contract," Parkhill asked for feedback that the 50-60,000 square foot project would meet council approval. Although Parkhill was not asking for an exclusive contract, he did ask for 60 days on an unexclusive basis that he is ready to go, then would want exclusive rights for mortgage consideration. Benke asked about the 60 days and noted, without taking any action tonight, he would have time to put together a proposal. Parkhill stated he has 27 Letters of Intent from lessors and indi- cated he needs signed leases when he applies for financing. Benke stated when the city had any good faith proposal, council would give it consideration. Sinda stated State law may be such that we may not be able to pro- vide a liquor license to a private liquor store without going out of business ourselves. LeFevere stated it appears, from his review of the statute, that a city cannot issue an off-sale license if it is in either the on- sale or off-sale business (however, the statute is not altogether clear on that point, as there is no longer any expressed prohibi- tion which may be a mistake in codification). LeFevere believes the State's Attorney General might give a contrary opinion (he might decide the city does have the authority to issue additional off-sale licenses). LeFevere talked to staff at the State Liquor Control Commission, who reported the subject had not arisen, but they did not believe any change in state law had been intended. Page 4 Development Agmt. Denial of Ext. New Brighton Oaks Shopping Center Report 87-253