HomeMy WebLinkAbout2003 12-29 CCM Special Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL SESSION
DECEMBER 29, 2003
CITY HALL - COUNCIL CHAMBERS
CALL TO ORDER SPECIAL BUSINESS MEETING
The Brooklyn Center City Council met in Special Session and was called to order by Mayor Myrna
Kragness at 4:04 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob
Peppe. Also present were Assistant City Manager /Director of Operations Curt Boganey, City
Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum.
RENEWAL LIQUOR LICENSE — REF'S SPORTS BAR & GRILL, 2545 COUNTY
ROAD 10
Assistant City Manager /Director of Operations Curt Boganey discussed that Ref's Sports Bar and
Grill had submitted all the requirements for their liquor license renewal.
Councilmember Carmody suggested that it be passed on to Ref's Sports Bar and Grill that the
Council will not follow this procedure next year and that they will need to provide all required
documents on or before the deadline.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve
Intoxicating Class B, Sunday, and Special 2 a.m. Liquor Licenses for Ref's Sports Bar & Grill, 2545
County Road 10. Motion passed unanimously.
INITIAL LIQUOR LICENSE — BEST WESTERN BROOKLYN CENTER INN, 1501
FREEWAY BLVD.
Mr. Boganey discussed that the owner of Best Western had applied for a liquor license since the
closing on a potential sale for conversion to senior housing has not yet occurred. The application is
recommended for approval subject to provision of the required insurance certificate.
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Councilmember Lasman questioned if the sale of this property were to take place in the near future,
would the liquor license be refundable. Mr. Boganey responded that he believes there would be a
prorated refund issued.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve
Intoxicating Class B, Sunday, and Special 2 a.m. Liquor Licenses for Best Western Brooklyn Center
Inn, 1501 Freeway Blvd., subject to receipt of liquor liability insurance certificate on or before
December 31, 2003. Motion passed unanimously.
DISCUSSION OF APPLEBEE'S WAIVER REQUEST
Mr. Boganey discussed the waiver request from Applebee's and asked the City Attorney to review
the City's Ordinance. City Attorney Charlie LeFevere outlined Section 11 -7 10 and informed that the
ordinance is based on a requirement of State Law. Currently there is no provision that would allow
the waiver request from Applebee's; however, the Council could consider a temporary or short-term
(30 days) liquor license. The City and Applebee's would not be at risk if the Council were to
consider this option; however, enforcing the ordinance could be difficult at the end of the 30 days.
Mr. Boganey informed that he had spoken to Mr. Schlesinger from Talisman Companies and that
Mr. Schlesinger questioned an extended liquor license and/or if a portion of real estate taxes could be
paid for the Applebee's. Mr. Boganey responded that he believed an extension would not be
allowable and that the application was approved contingent upon the full payment of real estate taxes
due for the parcel
Susan Steinwall and Thomas Archbold, Attorneys from Fredrikson and Byron, addressed the Council
to discuss the issue and informed that Applebee's is willing to pay their portion of taxes to the City
or the County if that would be acceptable.
Ms. Steinwall and Mr. Archbold discussed their lease agreement and the outcome of this matter
if the liquor license is not renewed by December 31, 2003.
Councilmember Peppe informed that he believes the ordinance is clear, regardless if Applebee's
pays their portion of taxes.
Councilmember Carmody expressed that she had hoped Mr. Schlesinger had paid the real estate
taxes and that she believes the Council cannot pass this waiver request.
Councilmember Niesen discussed that this matter of past due taxes bothers her and that at this time
she would not support granting a waiver.
Mayor Kragness expressed that she believes if the Council were to set a waiver it sets precedence.
Councilmember Niesen suggested that the Council consider an ordinance amendment in 2004.
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ANY ADDITIONAL LIQUOR APPLICATIONS RECEIVED PRIOR TO MEETING
WILL BE ADDED PRIOR TO MEETING
There were no additional liquor applications.
ADJOURNMENT
There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the
Special City Council meeting at 4:53 p.m. Motion passed unanimously.
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City Clerk Mayo
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