HomeMy WebLinkAbout1977.11.17 CITY COUNCIL MINUTES (2)w ~ MINUTES OF THE CITY COUNCIL MEETING ~
' November 17, 1977, at 7:30 P.M.
RE: DARWIN MICKELSEN'S BEER LICENSE
L~Tovember 17 , 19 77
The Mayor stated it was 8 o'clock p.m. and time of the
public hearing on Darwin r!lickelsen's application for a license to
sell draught beer at 250 West Main in Rexburg, Idaho, and that
everyone attending the meeting who desired to be heard would have
that opportunity.
.Mayor Porter stated that just before Council Meeting
commenced at 7:30 he had been served by Sheriff Ford Smith with
Complaint and Summons where Darwin Mickelsen was suing the City
of Rexburg, the r-2ayor and Council members and asked the City
Attorney, Mary Smith, to explain what it was about.
The City Attorney stated it appeared to be a petition far
a Writ of Maudate , and an order to show cause requiring the
defendants to show cause December 19,1977, why they should not
be compelled by the Court to issue rsr. Mickelsen a license for
the retail sale of beer to be consumed on the premises.
mayor Porter stated he had received several letters
requesting that the license not be granted.
PZayor Porter told Kent Jolley that inasmuch as he was
representing the citizens in the residential area adjacent to
the proposed bar location, and inasmuch as Mr. Barton, Mr. r-2ickelsen':
attorney had made a statement on Mr. Mickelsen's behalf at
the Council meeting ilovember 2, Mr. Jolley would be heard first.
~1r.Jolley had a map showing the residential area as
opposed to the commercial area, and stated that Sec. 13 of Ordinance
341 provided that draught beer or bottled and canned beer to be
consumed on the premises could not be sold in any residential
district or sections of the City chiefly occupied by residents,
and drew attention to the map. He also pointed out that Section
5 of Ordinance 341 provided it should be a suitable location,
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and that the proposed location was not suitable because of the very
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nature of such a business and the proposed location/in a chiefly
residential area. Pir. Jolley also stated it would produce a
decline in residential property values.
After ^~Ir. Jolley's remarks, various people asked him
questions.
The I~Iayor then called upon Breck H. Barton, Mr.
Mickelsen's attorney.
Mr. Barton explained the purpose of the court action
he had filed, and stated he disagreed with _rir. Jolley's
interpretation of Ordinance No. 341, and with the City Attorney's
opinion.
Pdr. Barton stated that the City should be bound by
its decision and the decision of the court in the Br. Rich -
Jo Bareus case. That Mr. Mickelsen's proposed location is
in an area zoned commercial and in which bars are permitted.
He stated Mr. ~Zickelsen had tried to find other suitable
property, but was unable to do so.
At the conclusion, of Air. Barton's remarks, Mr.
Jolley again stated the position of the residential property
owners.
The Mayor then asked if anyone present desired to make
a statement.
The PTA President of the Washington School made a statement
in opposition to granting this license.
A gentleman in the audience asked the council to
outlaw taverns in Rexburg. The r4ayor explained it was a legitimate
business and only the location was in question.
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Albert Pieper former Council member, made a statement
in opposition to issuing the proposed license as did Mrs. A~aie
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Lyman, Garrett Case and many other people attending the meeting.
The .Mayor urged everyone to express their ideas and
opinions.
Only two people spoke in support of the issuance of
the license. One woman from the audience stated that as a child
she had to pass a bar on the way to school and that it had no detri-
mental affect upon her. Another woman stated the area had been
zoned commercial and the beer license should be granted.
There were no other requests to be heard.
Barton Jensen stated that inasmuch as the proposed
location was not suitable and was in a chiefly residential
area, that Mr. Mickelsen's application for a license to
sell draught beer and canned and bottled beer to be consumed
on the premises be denied. Seconded by Nyle Boyle and