Nicollet seeks amortization to move Mirage

Lawyer says

amortization

unconstitutional

By FRITZ BUSCH

Journal Staff Writer

NICOLLET -- Minneapolis lawyer Randall Tigue and The Mirage manager Matt Benzinger of Mankato appeared at a fact-finding hearing regarding the amortization period for non-conforming adult uses Wednesday night at a packed Nicollet City Hall.

The Nicollet City Council hopes to force the adult cabaret out of town or to a designated area on the edge of town via amortization. Last month, the council passed an ordinance defining adult uses and provided appropriate zoning regulations.

Via fact-finding and amortization, the council will determine how long it would take for owners of The Mirage to recoup their investment and improvement costs before city officials could force it to move.

The Mirage opened Sept. 24, 2001, in a former boat factory a block west of downtown. Benzinger, 20, and his 19-year-old friend Matt Halley, both of Mankato and a silent investor, created the strip club that has the ire of neighbors and Nicollet residents.

Benzinger and Tigue said they didn't have the business background information that Nicollet City Administrator Dan Wietecha requested in a certified letter dated April 4.

Wietecha said the certified letter was not picked up for a week after it was sent.

Benzinger and Tigue said they could not provide the information because their accountant was busy doing tax work.

"Everything you requested will be provided in the next few weeks," Benzinger said.

Wietecha said only one of the 11 requested items would require a Certified Public Accountant. All other requested items should be "in their books."

Councilor Steve Johnson said some of the requested items should have been brought to the meeting.

The Mirage has a one-year lease on the building with an option to buy that was recently exercised, Benzinger said.

A Nicollet resident suggested The Mirage fax a copy of its lease to Wietecha today.

In a letter written to Nicollet City Attorney Ryan B. Magnus of St. Peter, Tigue said his clients take the position that the amortization ordinance itself and the statutory exemption that authorizes it are unconstitutional under the First and 14th Amendments.

Many residents who live near the cabaret vented their angst about effects of the establishment to the council

Complaints ranged from litter including broken beer bottles, public urination late at night in residents' yards and "window-rattling noise" from the club's sound system.

Benzinger said he didn't locate the club in Nicollet to cause trouble and that he would work with anybody who had problems.

"I'll pick up litter in people's yards myself if it isn't being done," Benzinger said. "Maybe the people urinating came from local bars. I don't care. I'll see that the litter is picked up. We are trying to improve on that. I'll put up signs inside the club reminding people to respect Nicollet residents by not peeing on lawns or littering."

Councilor Mike Mans said the last time he complained to Benzinger about secondary effects on his lot near the club, he was told it was "his personal problem."

Benzinger apologized for that statement.

Nicollet Mayor Mark Blais said the council will decide what to do next with the issue at its April 24 meeting.

The council also held hearings on video games it considered pornographic at The Cabin Bar and Mug & Jug in Nicollet. The In-Laws Family Restaurant was also the subject of a hearing for non-conforming video games that are no longer in operation. Nobody representing the bars and restaurant came to the meeting.