07-26-2023 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JULY 26, 2023 5 noted that she has also received comments from residents who have complained about the smell in walking past on the sidewalk, noting that the smell was coming from the area of the Hookah Hideout. T. Miller commented that she has concerns with the number of people that would be allowed into the business because of the comments made about people urinating and defecating outside of the building in the parking lot. Mr. Nelson commented that he would limit the number of patrons to whatever is decided by the Council and/or Fire Marshal. He commented that he would need to know that number. He stated that the business has slowed down dramatically since they lowered the hours to 11 p.m. Mayor Fischer stated that at the last meeting they focused on the management activities of Mr. Nelson and the letter from Mr. Nelson’s attorney expressed the intent for Mr. Nelson to be more present and onsite. He asked if Mr. Nelson is currently living in the Twin Cities area. Mr. Nelson replied that he does not live in the Twin Cities area. Mayor Fischer stated that there is an expectation for Mr. Nelson to manage the business and if he does not live in the general area, he would struggle to see how Mr. Nelson could actively manage the business. Mr. Nelson replied that just because he does not live in the area does not impact his ability to manage. He commented that he has been onsite more often since the last meeting and could increase his presence if desired. He commented that he does not work the business, as that is the job of his employees, but he could be onsite much more if needed. Mayor Fischer commented that the ordinance is written to state that he must own and manage the business. He believed that the definition of management from the City is perhaps different than that of Mr. Nelson. Mr. Nelson commented that he is unsure of how the City would define management and if he could be told that, he could most likely meet those standards. Mayor Fischer commented that he would expect someone managing the business would be known to the employees. Mr. Nelson commented that as of today, all the employees know who he is. Mayor Fischer commented that Mr. Nelson is conforming to that today, while the license has been at risk, but this has been an expectation continuously. He commented that many of things documented in the letter from Mr. Nelson’s attorney were already expectations that have been in place and are not new. Mr. Nelson commented that he does not have control over the customers that come into the parking lot, and it cannot be assumed that the problems only come from his customers. He commented that he has always had the mindset that a business should be clean and tidy, and he walks around to pick up trash at all his businesses. He stated that these concerns were not brought to him prior to this process. He stated that he has been addressing those issues since the time they were brought to his attention. Mayor Fischer commented that he drove past the business and through the parking lot on Saturday night around 10:30 or 11:00 p.m. and there was a pretty good crowd there. He stated that he drove back through the parking lot on Sunday morning around 5:30 a.m. and found an empty liquor bottle and alcoholic beverage cans all over the area where those customers were parked. He commented that the neighboring businesses had to come in on Sunday and see that trash. He commented that those businesses have been picking up that trash for years. T. Miller commented that her bigger concerns are with the violations that have accumulated along with the public urination and defecation. She commented that there were four failed compliance checks in 2021, and five failed compliance checks in 2022. She commented that is a management issue that is