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MINUTES REGULAR CITY COUNCIL MEETING MARCH 27, 1985 PAGE 2 ~~ Attorney Gasteazoro explained that the code is inconclusive as to whether BULLSEYE or not Bullseye requires a new license for retailing in the old liquor CORPORATE store, but since licensing by address has been the practice in the past, LICENSE and Bullseye has applied for the license action could be taken at this time and the code modified to clarify the language for the future. Mayor Eggert moved, seconded by Councilmember Hard, that the license be approved. Councilmember Baldwin felt that the parking variance matter should be handled first as approving the license through June, 1985 would be inappropriate when the present parking variance expires May 1, 1985. Council agreed to discuss the variance prior to voting on the license. Councilmember Baldwin expressed his concern over the manner in which BULLSEYE Bullseye moved into the liquor store building even though they were VARIANCE aware that the development agreement calls for destruction of the store REQUEST by May 1. He was also concerned over the high volume sales this summer GRANTED in a residential neighborhood. Attorney Collins explained that the original plan was to start construction in the fall of 1984 but the City could not find the certificate of title which delayed construction. Mayor Eggert agreed that Bullseye should have had the foresight to ask for the variance in advance, however, since they are in the building Council needs to decide whether. or not to let them remain. He felt from a business point of view allowing them to remain made sense. Following the discussion, Councilmember Ciernia moved, seconded by Mayor Eggert, that the variance be extended to August 1, 1985 with an automatic extension to November •1, 1985 if necessary, with the following conditions: (1) the extension does not change the development agreement, (2) no employee or company vehicle parking on the street or store lot, and (3) restrict marketing practices that preclude intrusion into the neighborhood (side- walk sales, etc.). Upon a vote being taken, the following voted in favor thereof: Mayor Eggert, Councilmembers Hard, Ciernia and Chenoweth, and the following voted against the same: Councilmember Baldwin. Motion carried. BULLSEYE The Clerk Administrator then called the vote for the previous motion CORPORATE relating to the corporate license. The motion carried unanimously. LICENSE APPROVED Mayor Eggert moved, seconded by Councilmember Hard, that the Bullseye building permit be approved. Motion carried unanimously. BUILDING PERMI APPROVED Mayor Eggert moved, seconded by Councilmember Ciernia, that Edgar Finegan, 1867 Simpson, be appointed to the Planning Commission to complete the EDGAR FINEGAN term of Phil Chenoweth. Motion carried unanimously. APPOINTED TO PLANNING COMM. Mayor Eggert moved, seconded by Councilmember Baldwin, that Elizabeth Emerson, 2129 Larpenteur, be appointed to the Human Rights Commission E. EMERSON for a three year term. Motion carried unanimously. APPOINTED TO HUMAN RIGHTS Attorney Gasteazoro explained that she had met and worked with RETIREMENT representatives of 1666 Coffman on the development agreement. They CENTER, 1666 reached agreement and the latest draft will be provided for Council's COFFMAN review. Frank Kubitschek, representing the Coffman group, indicated they plan to have the ground breaking on May 1, 1985 and start site preparation shortly thereafter, however, final plans will not be available