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HomeMy WebLinkAbout11-04-1999 Council Special Meeting Packet2 ORONO CITY COUNCIL SPECIAL MEETING MINUTES FOR NOVEMBER 4,1999 ROLL The Orono City Council met on the above date with the following members present: Mayor Gabriel Jabbour, Council Members Bob Sansevere, Barbara Peterson, and Richard Flint. Council Member Charles Kelley was absent. Representing Staff were City Administrator Ron Moorse, Police Chief Gary Cheswick, and Recorder Lin Vee. James Anderst, the liquor license applicant, was also present. Mayor Jabbour called the meeting to order at 7:35 a.m. Mayor Jabbour stated the purpose of the special meeting was to continue the review of an application for transfer of a liquor license from the October 25 Council meeting, as the applicant has a time limit on which to act on the purchase of the business. Flint asked for comments from the Police Chief regarding his report. Chief Cheswick commented that there weio 8 disturbances in Minnetonka Beach related to violations of a Minnetonka Beach ordinance that does not allow consUnction on weekends. Flint asked if the complaints were all made by the same neighbor. Cheswick responded that some were and some were from the Minnetonka Beach City Offices. Flint did not feel the violations were a basis for denying the liquor license. Chief Cheswick felt the applicant should have addressed the complaints with the City Council. Anderst replied that the Minnetonka Beach Council had not been responsive to his concerns. He indicated that he had discussed the construction project with his neighbors, and they had no objections to him working on weekends. He stated that after he ran for City Council he began to have trouble with enforcement of the ordinance. Jabbour stated that he was asked to help with a weekend construction project in Minnetonka Beach, and was told it wouldn't be a problem. Sansevere asked if the Chief had concerns that the applicant may violate liquor laws in the future. Cheswick reiterated that the applicant sr.-uid have pursued the construction situation with the Minnetonka Beach Council, rather than continuing to violate the ordinance. Cheswick indicated he is concerned w ith an apparent pattern of ordinance v iolations. Flint stated that he had talked with Anderst's attorney. Peter Johnson, and confiimed that Anderst had waived the attomey/client privilege. Flint summarized his conversation with Mr. Johnson 1 ORONO CITY COUNCIL SPECIAL MEETING MINUTES FOR NOVEMBER 4,1999 stating that Anderst had visited his employee's home the morning of the event to give the employee directions for the day's work. The woman lived with the employee and said she was studying and needed a quiet place to study. Anderst said she could use his house. She arrived at his house about 4:30 p.m. dressed in a bikini. When Anderst arrived home, she was laundering his underwear. Cheswick confirmed that this information was basically what he had learned in his investigation. He stated that he was concerned over what happened in court. In the civil action, Anderst was told that if he plead guilty and signed a letter of apology, there would be no monetary compensation. He was also told that the case could go back to criminal court, which is what happened. By admitting that he lied, Anderst committed perjury and was found guilty of 5th degree criminal assault. Flint noted that when Anderst agreed to plead guilty, he agreed to everything that was stated throughout two days of testimony, including some small details that may be questionable. Jabbour added that the Judge asked for a mis-trial, and the plaintiffs attorney suggested that if she got an apology, everything would stop. Cheswick stated that he based his report and recommendation on the criminal complaint and court reports. Anderst asked if the Council did not find it ironic that the case was thrown out twice in criminal court before going to civil court. Jabbour questioned why the references supplied by Anderst were not checked. Cheswick responded that the officers trained in baekground investigations do not typically check references because they arc listed only to give positive recommendations for the applicant. Anderst had listed his accountant, attorney and friend. Jabbour stated that based on the civil settlement where there were no financial implications, it seems the applicant got trapped in the legal system. Anderst stated that he had called the Attorney General to discuss the Minnetonka Beach ordinance regarding construction on weekends and was told to contact a civil rights attorney. Sanscverc asked the applicant why he agreed to plead guilty. Anderst replied that a legal, binding contract was on the table and he just w anted the ease over. 1 le had missed several days of work and money was becoming an issue. ORONO CITY COUNCIL SPECIAL MEETING MINUTES FOR NOVEMBER 4,1999 Sansevere indicated that Council had no information on the "other victims" noted in the court report. He expressed his concern that there could be a pattern that involved vulnerable women. He asked Anderst if he had driven by the attorney's home to intimidate her. Anderst replied that he had not and did not know where the attorney lived. Anderst added that the attorney was aggressive and managed to have the story reported in the Star Tribune. Sansevere asked what recourse the City has if Anderst has any violations after being granted the liquor license. Chief Cheswick indicated that the violations would have to be liquor-related to have any bearing on license revocation. Peterson asked Anderst what type of establishment he was proposing. Anderst replied that he wanted to have more food, and planned to expand the business to include the next 1,000 feet of the building. He stated that he had a 20-year lease on the building with an option to buy. The kitchen and dining area would be remodeled, and the bathrooms brought upstairs. He would then take over the additional space and put a bar in the center. He indicated that he would remain open for business throughout the remodeling project. Peterson asked about the capacity of the building. Anderst replied that 15 square feet is required per person. There would be a total of 3,000 square feet. Peterson expressed concern regarding parking. Anderst replied that there would be sufficient parking behind the building. Jabbour asked Anderst if he was aware of the building code requirements when upgrading a building, including handicap accessibility and sprinkler requirements. Anderst indicated he would follow-up with the requirements. Peterson asked if Anderst would be the ow ner and manager. Anderst confirmed that he planned to be the manager as well as ow ner. Sansevere asked if there would be a name change to the business. Anderst replied that he might change the name in the future, and may have a contest to select a new name. Mint questioned Anderst's comment that he would like a bar similar to Champ's. Anderst replied that he was aware that he did not have sufficient room to have an operation like Champ's, but was referring to the food and atmosphere of a sports bar. Peterson moved. Jabbour seconded, to approve the transfer of the On Sale Liquor License to James Duane Anderst for the property located at 3380 Shoreline Drive (Jimmie's Lounge). Ayes 4. Nays 0. J ORONO CITY COUNCIL SPECIAL MEETING MINUTES FOR NOVEMBER 4,1999 The meeting adjourned at 8:12 a.m. * ■» - Si AGENDA FOR SPECIAL COUNCIL MEETING THURSDAY, NOVEMBER 4,1999,7:30 A.M. ORONO COUNCIL CHAMBERS 2780 KELLEY PARKWAY, ORONO, MINNESOTA ROLL CALL LICENSES 1. On Sale Liquor License - Application b> Mr. James Anderst for Transfer of On Sale Liquor License for the Property Located at 3380 Shoreline Drive (Jimmies Lounge) ADJOURNMENT REQUEST FOR COUNCIL ACTION DATE; November 2,1999 ITEM NO; / Department Approval; Name RonMcx)rse Title Ci^ Administrator Administrator Reviewed;Agenda Section; City Administrator's Report Item Description; Mr. James Anderst's Request for Transfer of On Sale Liquor License - 3380 Shoreline Drive (Jimmie's Lounge) The City Council at its October 25, 1999 meeting continued the application of Mr. James Anderst for Transfer of On Sale Liquor License at 3380 Shoreline Drive to a special Council meeting to be held at 7:30 a.m. on Thursday, November 4, 1999 to provide an opportunity for the Council to hear from the Police Chief regarding the application. The Police Chief will attend the special Council meeting. A copy of the agenda memo from the October 25 meeting is attached. An element of the application not discussed at the October 25 meeting is Mr. Anderst's plans for the management and operation of the liquor establishment. The following questions may assist the Council in its consideration of the license application. What experience does Mr. Ar.derst have in managing a liquor establishment? What related experience does Mr. Anderst have that will enable him to be successful in managing a liquor establishment? Who will be the on-site manager of the establishment? What type of establ.shment does Mr. Anderst plan to have? What segment of the market is he planning to focus on? How does he plan to control the activities in the establishment to prevent unwanted behavior? Is he planning to be open on Sundays? If so, what type of food does he plan to serve that meets the requirements of a special Sunday liquor license? Does he have any plans for remodeling or expansion of the current establishment? COUNCIL ACTION REQUESTED; Motion to approve/deny Mr. James Anderst's application for On Sale Liquor License at 3380 Shoreline Drive. .i MEMO TO:City Administrator Ron Moorse From: Chief Gary Cheswick y’^^^^ Date:November 2, 1999 Subject: Liquor License Item Description: On Sale Liquor License - 3380 Shoreline Drive Based on documented criminal activity and continuous ordinance violations, the Chief of Police will not recommend Mr. James Anderst for a liquor license. The following is a brief description why: 1) In the criminal complaint, Mr. James Anderst was found guilty of 5th degree C.S.C. for sexually assaulting an adult female on 7/25/99. The criminal complaint was brought because of Mr. Anderst admittance in Civil court that he had committed a crime and that he had lied in court. 2) Signed a letter apologizing and admitting to guilt of crime. 3) Violations of City ordinances on seven different occasions for noise/construction on weekends. REQUEST FOR COUNCIL ACTION DATE: October 20, 1999 ITEM NO: / ^ Department Approval: Name Lin Vee Title Citv Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: Liquor License Application for James D. Anderst of Orono Liquor, Inc. for the Property Located at 3380 Shoreline Drive______________________ Attachments:1) Excerpts from Chapter 4 of Orono Municipal Code 2) Memo from Police Chief re: Liquor License Application 3) Background Investigation Report on Applicant James D. Anderst James Anderst has applied for the transfer of an On Sale and Sunday Liquor License for the property located at 3380 Shoreline Drive. Jimmie's Inc. currently holds an On Sale and Sunday Liquor License for the business known as Jimmie's Lounge at 3380 Shoreline Drive. Jimmie Holtz is the owner of the business, and wishes to sell his business and transfer the liquor license lo Mr. Anderst. Pertinent Code Sections The following sections of Chapter 4.02 - Original Licensing Procedure are attached to assist the Council in their review of this application; Subd. 4. A. - Investigation - A written recommendation and report from the Chief of Police is required to be made to the Council. Subd. 4. F. - Transfer - Transfer of a license requires Council approval. James Anderst is requesting transfer of the liquor license from Jimmie's Inc. to himself tor the business located at 3380 Shoreline Drive. The trade name of the business will be Orono Liquor, Inc. Subd. 4. G. - Refusal and Termination - Council has sole discretion to refuse to grant any application for a license, and has the right to do what is best for the public interest. Subd. 8. - Persons Disqualified - Any \iolations which are liquor-related wthin five years of the license would disqualify an applicant. Review of Application Attached is a memo from Gary Cheswick, Police Chief, regarding the background investigation Request for Council Action continued Page 2 October 20, 1999 Liquor License Application for James D. Anderst Also attached is information obtained in the background investigation completed by the Orono Police Department as part of the On Sale Liquor License application process. The information is provided under separate cover and marked "confidential" because portions of the report contain private data. In addition, the City Attorney has reviewed the application information. He has indicated that there does not appear to be any violations which would prevent the Council from granting the requested license. COUNCIL ACTION REQUESTED: Motion la approve or deny an On Sale and Sunday Liquor License for James D. Anderst of Orono Liquor, Inc. (formerly Jimmie's Lounge) for the property located at 3380 Shoreline Drive. A Request for Council Action continued Page 2 October 20, 1999 Liquor License Application for James D. Anderst Also attached is information obtained in the background investigation completed by the Orono Police Department as part of the On Sale Liquor License application process. The information is provided under separate cover and marked "confidential" because portions of the report contain private data. In addition, the City Attorney has reviewed the application information. He has indicated that there does not appear to be any violations which would prevent the Council from granting the requested license. COUNCIL ACTION REQUESTED: Motion to approve or deny an On Sale and Sunday Liquor License for James D. Anderst of Orono Liquor, Inc. (formerly Jimmie's Lounge) for the property located at 3380 Shoreline Drive. --------1 - »- • v(r CITY OF ORONO NOTICE OF PUBLIC MEETING NOTICE is hereby given that the Orono City Council will meet in a work session at 7:40 a m. on Thursday, November 4, 1999 in the Orono City Council Chambers, 2780 Kelley Parkway, Orono, Minnesota. The purpose of the work session is to discuss the update of the City's Comprehensive Plan, and other issues of current interest. This meeting is open to the public. /s/ Linda S. Vee City Clerk Posted at: City Hall Navarre Post Office Long Lake Post Office Crystal Bay Post Office