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November 24, 1981 <br />109 <br />OLD BUSINESS <br />IMayor Gourley said he would like an opportumity to express his ipinion on <br />the matter of the liquor license that had been approved at the last Council <br />meeting for Rocky's North and to be issued to a Mr. Ernest Surman and Mrs. <br />Linda Adams. Mayor Gourley requested that someone who voted on the approval <br />of the license make a motion to reconsider this action. <br />Mrs. Elsenpeter moved to reconsider the liquor license approval for Rocky's <br />North. Seconded by Mr. Jaworski. <br />Mayor Gourley said one of his concerns was a letter he received from Mr. <br />Surman dated October 6, 1981. There are two paragraphs in the letter that <br />concerned hin, the first which reads, "As you know, Rocky's had been closed <br />since July 10, 1981. Unless I can relived Mr. Seccomber of this financial <br />burden immediately, legal action against the City of Lino Lakes will begin <br />by him," Mayor Gourley felt that other members of the Council had received <br />a similar letter or perhaps a carbon copy of this letter. <br />The nex paragraph that concerned Mayor Gourley reads; "To avoid further <br />problems regarding the business, I would ask the Council to positively <br />consider my application and let business continue /" Mayor Gourley said he <br />viewed these remarks as a threat of legal action if the Council didn't take <br />affirmative action on his liquor license application. <br />Subsequent to that letter, Mayor Gourley received a phone call in much the <br />same tone as the letter in that he felt that he was being harrased in that <br />IIIhe hadn't been put on the agenda. Mayor Gourley expalined that the Police <br />investigation reprot had not been presented to the Council and no action <br />would be taken until that report had been received. Mr. Surman did not <br />accept the explanation. <br />Subsequent to the phone call from Mr. Sruman, he received a phone call from <br />Mr. Surman's Attorney much along the sake lines of the letter and Mayor <br />Gourley considered the phone call an intimidating phone call, threatening <br />legal action. The Attorney demanded that Mayor Gourley call him the follow- <br />ing day and let him know if he was to be placed on the agenda. Again, phone <br />calls that he considered intimidating and harrasing and is not the manner in <br />which he ( Mayor Gourley) is used to doing business. <br />"I heard of alot of discussion in the minutes, read a lot of discussion in the <br />minutes, some supreme court cases thrown around, and the discussion seemed <br />to center around holding Mr. Surman responsible for the actions of the pre- <br />vious owners of the MITRA, Inc. I guess it's not those actions that I'm <br />mainly concerned about. I think the Council is familar, maybe not officially, <br />but I intend to make it official now, that the Chief of Police and I attended <br />a public hearing at the St. Paul City Council meeting. The PUblic hearing <br />was an adversary hearing called in regards to Mr. Surman's track record of <br />doing business in a bar called Rocky and Friends in St. Pau. While we were <br />at that hearing, we heard testimony from the St. Paul Police Department Vice <br />Squad of numerous arrests for public urination, public drinkness, public <br />consumption, drugs, just generally a disorder house. Mr. Surman was the, I'm <br />Inot sure if he was the license holder, or if he was called in in the capacity <br />of the president of the corporation that owned Rocky's, but I think I think <br />I just named and the complaints that the Chief and I heard while attending <br />the public hearing are very similar to the problems we've had out at Rocky's <br />North in Lino Lakes. It's that track record that Mr. Surman has that disturbs <br />me along with what I consider threathening letters and phone calls from Mr. <br />