09-10-80 Council Minutes - Laserfiche WebLink

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MINUTES City Council September 10, 1980 Councilman Fahey stated that he felt the Council should not get involved in Mr. Saad's legal dealings. Fahey felt if Saad wanted the license transferred to Mr. Bjurstrom, that is how the Council should act. Fahey stated that he would not determine which party had valid contract rights. Mr. Richard Welander of Sterling Investment appeared before the Council. Mr. Welander stated that he put the sale together between Mr. Saad and Mr. Bjurstrom. Welander stated that he had no knowledge of a prior contract being signed. Mr. Welander stated that if he had known, he would not have put the deal together. Mr. Welander further informed the Council that Mrs. Saad has not signed the Tulgren contract. Councilwoman Sca1ze suggested that the Council table this matter. Mr. Fahey stated that by doing this the Council would be restricting the ability of a person to sell his property. Mr. Fahey suggested that the Council act as Mr. Saad requests. Mayor Hanson stated that he agreed with this position. Councilman DeBace stated that if it was not a liquor license, the City would not even be involved in the sale. Councilman Fahey stated that the City will not assume any liability or responsibility if the courts decide that Mr. Tulgren should have the liquor license instead of Mr. Bjurstrom. The City Attorney stated that she agreed with Mr. Fahey's statement that the City should not determine which side has contract rights. The Attorney further stated that the City could go along with the seller's choice. Mr. Finlay informed the Council that if Mr. Tulgren did take court action, the City could be involved. Councilman Fahey suggested that the City should get a hold harmless agreement from Mr. Saad. Fahey informed the Council that then the legal fees of the City would have to be paid by either Mr. Saad or Mr. Bjurstrom. The Attorney suggested that perhaps the Council could table the matter fora month to give the attorney's officea~ c~iance ~Co loox ~zAto tcaf~ s.T~:v s responsibilities regarding the transfer of the license and any possible liability of the City if legal action is taken over the transfer. Councilman Fahey stated that he felt the City would have no liability. Mayor Nanson commented that he felt the license should be transferred as the owner wishes. Councilman Fahey felt that the transfer should be contingent upon Mr. Bjurstrom being required to provide a guard as Eloggsbreath is required to do. Councilman DeBace stated that he would like Mr. Bjurstrom to be aware that patrons must be off tYie premises of the establishment by 1:30 A. M. each evening. Page -5-