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. . . ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 3 two signed leases he was going to accept as valid. Mr. Welsch had indicated that his intention was to lease space to the North Suburban Youth Association and not to the 621 Foundation. Mr. Post stated that City Attorney Miller had reviewed the letter and had some comments for the City Council to consider. Mr. Miller stated that the City is aware that the 621 Foundation believes that they have a valid contractual obligation which entitles them to use the same premises that is being applied for by the current applicant. Therefore, the City Council was in the position of issuing a premises permit to an entity which mayor may not have rights to the premises. Mr. Miller stated that the City Council should not be in the position of making a legal determination of which lease is valid. Mayor Probst requested confirmation that two leases were signed and the Big Ten Supper Club has indicated which entity they are prepared to enter an agreement with. Since the role of the City Council was to approve the requested premises permit, he suggested that the most appropriate course of action would be to delay the approval of the permit until the parties involved have resolved clearly who will be leasing space at the Big Ten Supper Club, Mr. Miller concurred. He stated that delaying action on this request will allow the City Council to receive additional information and raise their comfort level in order to make a final decision at a future City Council meeting. Mr. Robert Matson, North Suburban Youth Association, stated that his organization has operated at the Big Ten Supper Club for a number of years, The Association did receive a signed lease from Mr. Welsch; however, Mr. Welsch has also signed another lcase with the 621 Foundation. Mr. Welsch informed Mr. Matson that he had not intended to sign the lease with the 621 Foundation and prcferred that the North Suburban Youth Association continue operating at the Big Ten Supper Club. The signed lease, along with other necessary documentation was submitted to the City and Mr, Matson believed that this was a valid application to be acted upon by the CounciL If the application is not acted upon this evening, the gambling operations at the Big Ten Supper Club will have to be shut down until the entire process is repeated with the State of Minnesota, Mr. Matson stated that he could see no reason for the City Council to dclay action on the premises permit allowing the Association to continue doing business in a normal manner. He noted that the gan1bling operation meets the City requirements and has made contributions to the community over the last two years of more than $147,000 mmually, much of which was donated to School District 621 projects, Mayor Probst expressed concern that two signed leases exist and if the City were to award the premises permit this evening and thc lease agreement was overturned, he was not certain what would happen, He felt that the best course of action would be to delay action on this request until the next City Council meeting, by which time the parties involved will hopefully have resolved the lease issue. Mr. Matson noted that the premises permit application has been at the City for two weeks and he had not been contacted by the City requesting additional action on his part. He indicated that the 621 Foundation believed that thc North Suburban Youth Association must give up the site, however, he has informed them that he has no intentions of giving up the site since they are legal