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HomeMy WebLinkAbout1976-10-14 CC MIN Special Meeting• • • Las r COUNCIL CHAMBER Stillwater, Minnesota Octob er 14, 1976 1:15 P. M. SPECIAL MEETING The meeting was called to order by President Junker. Present: Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Thompson and President Junker Absent: None Also Present: Acting City Clerk - Schnell City Attorney - Harold Kimmel Citizens: J. E. Mesenbourg and Charles Hooley Press: John Hanvelt, WAVN On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, that a public hearing be held on the transfer of the liquor license for the Stilihouse due to the many phone calls received on the matter and in fairness to them that action not be held at this special afternoon session. MAYOR JUNKER asked the City Attorney if this was the proper procedure and he stated that the Council could have a hearing on any issue they wish. COUNCILMAN THOMPSON stated that the situation seems to be different from what they have heard and he would like to have Mr. Mesenbourg explain to the public what he plans to do here. MR. KIMMEL indicated that the City has a letter from the insurance company in- dicating the Dram Shop coverage will be transferred and that his application is changed to indicate that they are a corporation with a letter in our files on this corporate structure. MR. MESENBOURG indicated that Mr. Rheinberger is foreclosing on Mr. Farkas for a $30,000 note. He wanted to know what was holding up the whole thing as they have attorney fees that won't stop. The place is deteriorating and he wants to get in there and clean it up. With better control it should be a better deal for the same age bracket. He indicated that he had no complaints when he surrendered his license previously and the young man in there has created some problems and asked if there was something wrong with him or his business background as this has been going on for three weeks. He said he was led to believe that the City would be glad to get them out of town. Questions were raised by some of the Council as to whether or not they had agreed to consent to the transfer and some of them denied this fact. MR. KIMMEL stated that as he understood the motion and the comments by Council- woman Bodlovick and Councilmen Mahoney and Peterson that due to the number of phone calls received on this matter, they would like to have it decided at a regular meeting. MAYOR JUNKER stated if he does anything wrong between now and January first, the Council would not have to issue a license to him for 1977. CHARLES HOOLEY stated that the people in Stillwater would respect any good business in this area and the big thing is to get what is in there out. COUNCILMAN PETERSON said a lot of the people are afraid that we aren't going to get rid of what is in there. CHARLES HOOLEY said he personally wanted that kind of element out of the City of Stillwater and it could be that the place will have to be closed down. He felt it was a good idea to have a public hearing and have enough notice so that the people would be aware of the issue - publisti a notice for several days and by all means get the situation resolved. MR. MESENBOURG questioned whether this was done when the Pub changed hands and MR. KIMMEL stated that there has never been as much trouble at the Annex as there has beer at the StilMhouse. The Pub was caloed for a time and a new applicant came in. From a legal point of view the Council could pass on this issue this afternoon or they can table it this afternoon, or they can 'lave a public hearing. They could have three readings of the license and it is not cut and dried. • 123; • • • • October 14, 1976 MR. MESENBOURG asked why when he gave up this license there was no problem and how he is unable to come back to just pick up the license and MR KIMMEL said there is no property ownership in a liquor license and that legally you don't sell a license for valuable consideration. He added that the City of Stillwater has 13 licenses available and they don't have to issue any of them, and in fact Cottage Grove has never issued any liquor licenses. MR. MESENBOURG said that without a liquor license they could not operate, there is a business there and a building - he has a mortgage on the business and his partner has the building. COUNCILMAN MAHONEY indicated that he also had a lot of phone calls and when he explained what they were planning to do they were satisfied to have the place cleaned up. He would like to see the transfer and if the place is not cleaned up by December 31st, that the City not issue him a license for 1977. COUNCILMAN PETERSON felt this was an entirely different situation in this instance and there definitely should be a public hearing. COUNCILMAN MAHONEY said the transfer should be made and get the place cleaned up - by not acting they possibly are hurting someone and putting them out of business. COUNCILMAN THOMPSON said they should not be acting on such matters at 1:00 P. M. in the arternoon when the public cannot attend. COUNCILWOMAN BODLOVICK said he (Mr. Mesenbourg) would go along with any instructions - he wants to clean the place up and wondered if the Council could place certain restrictions on hime that would not be placed on other licenses in the City. MR. KIM MEL said if the conduct is legal you cannot impose restrictions on a license but you don't have to issue it for the following year. MAYOR JUNKER indicated that regardless of what the people have to say, the Council still has to make the decision on this matter. MR. MESENBOURG understood the Council's position in regard to the people but if the Council wanted him to put in writing what he said he would be willing to do that and to the best of their ability they will control the activities at this place. One of them will be there at all times and they will run a tight establishment and won't let the people take over the bar - they will put regulations into force. COUNCILMAN THOMPSON said if he could reaffirm to the public that they are going to straighten out the problems that will make them very happy. MR. MESENBOURG said that he will still have bands, but if the go -go girls are a problem, he will not have them. The young people have no place to go now. VOTE ON THE MOTION - All in favor of the public hearing - hearing to be held on Monday evening, October 18, 1976 at 7:30 P. M. with publicity in the Gazette on Friday and Monday evenings and notices on the radio. Meeting adjourned at 1:55 P. M. Attest: M--444 -� -J Anat.&g City Clerk Mayor e • •