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HomeMy WebLinkAbout1976 [03] Mar 25 30 CITY OF ST. JOSEPH, MINNESOTA MINUTES OF SPECIAL CITY COUNCIL MEETING HELD ON THURSDAY, MARCH 25, 1979 The City Council met in special session on Thursday, March 25, 1976 at 7:30 p.m. I in City Hall. LIQUOR COMPLAINT HEARING: The hearing was opened by Mayor Harry J. Knevel. Members present: Herman Schneider, Bud Reber, Hugo Weyrens, steve Dehler, Harry J. Knevel, Bob Johnson. Also present: Attorney John Knapp, Police Chief Bill Lorentz; Patrolmen, Paul Ewald, Jeff Young. Notice of Hearing: Notice of hearing was sent to Reuben Wiener, licensee, by Certified mail on March 8, 1976. Qrdinance No. 62 Liquor Complaints: C I' t L' 0 d' N 62 S t' omp a~ s on 1quor r 1nance o. ,. ec 10n 8, Subdivision 4, dated February 14, 18, 20, 21, 22, 1976 were included in notice to licensee. Others Present: . Reuben W1ener, Mr. and Mrs. Ben Kremer, Irene Reber. Statements of Officers: , . , Jeff Young, patrolman, reported on 11quor v101at10ns as stated and recorded on Police department complaint forms submitted. Officer Ewald presented a report and explanation of complaints bearing his signa ture . Complaints: Th f 11 . complaints were presented by the officers: I e 0 oWJ.ng 1) Feb. 14, 1976 - 1:35 a.m. - Officer Young entered the Midway Bar and found eight people still in the process of consuming beverages. The drinks were not tested but appeared to be mixed drinks. Mrs. Wiener.§sid the bar would be cleared out. 2) Feb. 18, 1976 - 2:00 a.m. - While on foot patrol officer young heard voices coming from inside the Midway Bar. The door was locked and Young finished the rounds. Upon returning there were still voices heard inside. The officer knocked a second time but the door was not opened. It could not be known the number of people in the bar but someone was coughing while another was talking. The officer was never allowed admittance. The time and details were logged wi th the County. 3) Feb. 20, 1976 - 4:56 a.m. - Officer was checking doors in business district, voices were heard coming from inside the Midway Bar. Officer listened, the sound of three or more voices was estimated. The sound of ice cubes in a glass was also present. Officer believes that (thru reasonable suspicion) the people inside were consuming alcoholic beverages, thus being in violation of both City and State law. Officer knocked on front door identifying himself as a police I officer. Parties inside would not open door. Incident was logged with the County. 681 4) Feb. 21, 1976 - 2:55 a.m. - I Officer found (saw) people looking out the front window of the Midway Bar. Officer stopped, walking up to the front door of the 1lidway Bar. Officer knocked on the door but no one would allow me entry. Officer logged this incident with the Sheriffls office. 5) Feb. 22, 1976 - 3:10 a.m. - While on foot patro¡ officer Young heard voices and noises coming from inside the Midway Bar. Officer knocked and identified himself but was not let in, The officer could also see shadows from inside. The time and details were logged with the county. Mr. Wiener Statement: Mr. Wiener stated he was advised by his attorney not to discuss the case tonight. His attorney was not present. Mr. Wiener indicated he was not on the premises at the time of complaints. The licensee pleaded not guilty to all complaints. Officer Young explained logging incident with County Sheriff ISO ffice at the time of occurrence and checking back with Sheriff office upon completing report at end of shift. Past Suspension Policy and Records Examined: P t l' . l' d as ~cense suspens~on po ~cy an records were examined and reviewed. Mr. Wiener Statement:., , Mr. W~ener reported open~g door whenever requested by off~cers I and whenever he was on premises. Mr. Wiener also indicated he was willing to come to bar when off duty to open door if requested. Mr. Wiener was reminded that he was responsible for all persons in his place of business. - Attorney Presented Ord±nance Review: Attorney John Knapp, City Attorney, presented a review of Liquor Ordinance No. 62 - Section 8, Subdivision 4, and other pertinent sections. Attorney suggested drinks on bar be confiscated as evidence. Councilman Weyrens arrival: . " Counc~lman Hugo Weyrens, Jr. arr~ved at hear~g at 8: 20 p.m. Customer vacation of Bar Premises: I t t t· flit f b It. n erpre a ~on 0, persons ou 0 ar~, established as, 20 minutes after termination of sales at 1 a.m. Ordinance Violation: C l' t d t d F b 14 1976 'd d . 1 t' f omp a~ a e, e., , cons~ ere v~o a ~on 0 Ordinance No. 62. Liquor Complaints Before Council: C 'lm R b t d 11 l' . 1 t· ounc~ an e er reques e a ~quor VJ.o a ~ons or complaints be brought before City Council. Licensee Lack of Cooperation Cited: C 'lman D hI t t d complaints indicated ounc~ _ e er s a e a lack of cooperation, although not a violation. I Motion of Suspension: A motion was made by Dehler to suspend liquor licenses of Reuben Wiener for a 24-hour period due to a lack of cooperation - seconded by Schneider. Schneider conceded to allow date to be included in motion. Suspension period to be April 9, 1976 from 8 a.m. until 8 a.m. Saturday, April 10, 1976. 682 Vote on Motion: Ayes: Schneider, Weyrens, Dehler, Knevel. Nayes: Reber. Motion passed 4 to 1. Hearing Adjournment: . I A mot~on \V8S made by Weyrens seconded by Dehler to adjourn hearing at 8:47 p.m. Vote on Motion: . Ayes: Schne~der, Weyrens, Dehler, Knevel. Nayes: none Not voting: Reber. Hearing Adjourned. City Council Reconvened at 8:50 p.m.: Police Report: Police Chief Bill Lorentz presented a report of additional liquor operation complaints. Copies made for council members and placed on file. st. Pat's Parade: Chief Lorentz presented a report of the St. Patrick's Day parade held on March 14, 1976. Six police dept. personnel were on duty. Cemetery vandalizm reported on March 20, 1976. Poor reports of the st. Pat's parade resulted in the Council taking the following action: A motion was made by Schneider seconded by Weyrens to deny a permit for future St. Patrick Day parades. Vote on Motion: , Ayes: Schne~der, Reber, Weyrens, Dehler, Knevel. Nayes: none. Motion carried. Examination of Liquor Complaints: Th C 'I'd f I' 1 . t e ounc~ examllle our ~quor comp am s I presented by Chief Lorentz dated: Jan. 15, 31 and two on March 20, 1976. Motion on Hearing: , , A mot~on was made by Weyrens seconded by Reber to send not~ce of hearing on liquor complaints in violation of Ordinance No. 62: Mark Zimmer, dba La Playette, Section 9 - dated 1/15/76; Dale Schneider, dba Salts Cafe & Bar, Section 9 - dated 3/20/76; fimrion Menzhuber, dba El Paso Club & Lanes, Inc., Section 9 - dated 1/31/76. Hearing scheduled for April 22, 1976 at 8 p.m. Vote on Motion: . Ayes: Schne~der, Reber, Weyrens, Dehler, Knevel. Nayes: none. Purchase Approval: . Two ton @ $140 per ton street crack sealer approved on mot~on of Dehler seconded by Schneider. Vote on Motion: , Ayes: Schne~der, Weyrens, Dehler, Reber, Knevel. Nayes: none. Mayor - St. Bens Meeting Report: Mayor Knevel reported on meeting våth St. Ben's officials: Sr. Moira Wild and Attorney Sullivan. Informational relating to annexation of areas south of City - Fire District concept - Wastewater Treatment Plant operation costs and Water Pumping cost methods. St. Joseph - Cold Spring Medical Group: G t l' t' t t d b ran app ~ca ~on repor presen e y Dehler. Requested City letter indicating joint venture in seeking funding for planning. Approval to Purchase Traffic Tickets: A motion was made by Weyrens:, seconded by Reber to approve purchase of traffic tickets. I Ayes: Schneider, Reber, Weyrens, Dehler, Knevel. Nayes: none. 683 Minnesota Street Parking: . . . Minnesota Street park~g problems were exam~ed. The following Council action was taken: A motion was made by Schneider seconded by Reber to: extend yellow no parking zone to full 20 ft at Legion Club corner west. College Ave. east and west. Linnemann store corner east; to install s¡i;gns: NO PARKING HERE TO CORNER at Hubs corner west . Legion corner west. Linnemann corner east of crosswalk to corner. Vote on Motion: Ayes: Schneider, Reber, Weyrens, Kn.13vel. Nayes: Dehler. Motion carried. 4-Way Stop Study: County study on 4~way stop to be obtained for intersection College Avenue at Minnesota Street. Forester Workshop: A motion was made by Dehler seconded by Reber to authorize City Forester attendance at April 8 workshop on Dutch Elm Disease - Oak Wilt Short Course. Vote on Motion: Ayes: Schneider, Reber, Weyrens, Dehler, Knevel. Nayes: none. Motion carried. Adjournment: A motion was made by Schneider seconded by Reber to atljourn at 11:40 p.m. Ayes: Schneider, Reber, Weyrens, Dehler, Knevel. Nayes: none. Motion carried. ~~.'r) Ro ert G. Jo City Clerk .