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ARDEN HILLS CITY COUNCIL - FEBRUARY 14, 2000 5 . Councilmember Grant asked if the Big Ten Supper Club or the North Suburban Youth Association was legally responsible for bringing the application to the Council. Mr. Miller stated that the applicant was responsible for submitting the application to the City, The facility owner's role in the application process is to have a signed lease agreement with the applicant. Councilmember Larson asked, ifthe City Council were to take action on this request and there was a dispute that arose between the two parities as to who was entitled to have the premises permit for this facility, would the City be vesting the applicant with greater rights by this action, Mr. Miller stated that, from the City's perspective, the dispute would be over the rights to the premises, not the license. He did not believe any action by the Council would vest rights as to whose lease was valid. Mr. Matson stated that if the parties' attorneys cannot agree upon the lease dispute, the City Council would not be the body to make that determination, Rather, the dispute would be decided in a court oflaw, He did not fecl that action taken by the Council would jeopardize the process. . Mayor Probst stated that if the dispute does progress, the City Council would not want to be a party to those discussions. He was frustrated by the fact that this issue should have been resolved prior to the applications being submitted. He indicated that he does not have any problems with the North Suburban Youth Association operations whose contributions to the community have been admirable, However, the 621 Foundation could offer information on what they have contributed as well. He would prefer that the parties resolve this issue and a new application be submitted to the City for approval. He noted that the fact that the deadline for action by the applicant was at hand was not a situation created by the City Councilor statT. Councilmember Rem stated that she understood Mayor Probst's concerns, however, she had assumed that the situation had been resolved by staff having Mr. Welsch submit a written statement regarding which application should be submitted to the Council. She noted that there was no information in the agenda packet from the 621 Foundation indicating their interest or intention to pursue the situation, Ms. Sharon Fitzgerald, 621 Foundation, stated that the 621 Foundation submitted to the City the lease signed by Mr. Welsch and the premises permit on January 4, 2000, At that time, she had been under the impression that all the necessary paperwork had been submitted, She felt that if additional information was required, the City should have informed her of this. She stated that the 621 Foundation was still very much involved in the dispute and are still pursuing a premises permit, . Council member Aplikowski reiterated that the City Council was currently considering one premises permit, not two. Based on the information she was provided, she will vote in favor of the North Suburban Youth Association's request for a premises permit this evening, She added that she has not been contacted by the 621 Foundation and the agenda packet did not include a letter from the Foundation expressing their intentions. Ms. Fitzgerald reiterated that all the paper work was submitted to Mr. Post on January 4, 2000, Councilmember Aplikowski stated that this paper work was superseded by the letter from Mr. Welsch indicating his intention to lease space to the North Suburban Youth Association, Ms. Fitzgerald agreed, however, she pointed out that she docs have a signed contract with the Big Ten Supper Club dated December 23, 1999.