Malnar's Tap Fire 3 Years Later: 'It's Time To Let The Judge Decide'

JOLIET, IL — More than three years have now passed since Malnar's Tap went up in flames on a Saturday morning, Feb. 1, 2020. For people in Joliet's Cunningham Neighborhood who are sick and tired of driving past the fire-ravaged eyesore week after week, there is no reason to expect the property will look different in the coming months.

At Tuesday night's Joliet City Council meeting, At-Large Councilman Joe Clement asked about the status of the Malnar's Tap property.

"I attended the Cunningham Neighborhood Council meeting and a few residents were asking about Malnar's Tap," Clement told everyone. "I didn't know, Cap, if you can give us an update on what's happening over there for maybe the next meeting?"

City Manager Jim Capparelli responded to Clement, "It's in litigation right now, so I won't be able to comment."

During a January 2021 interview — marking the one-year anniversary of the devastating fire —the bar's new owner, Bill Stanford, told Joliet Patch he expected to have the Joliet bar reopened for patrons by late spring or early summer of 2021.

Stanford acquired ownership of Malnar's Tap in November 2019, just a few months before the fire.

Joliet Declares Malnar's Tap A Public Nuisance

During the past year, Joliet Patch found, there have been a few significant events with the Malnar's Tap property.

First, last July, Stanford resolved his ongoing Will County civil lawsuit against Society Insurance of Fond du Lac, Wisconsin. The 2021 lawsuit accused the insurance company of breaching an insurance contract after the Malnar's Tap fire caused several hundred thousand dollars in damage.

The second major event occurred Nov. 1, 2022, when Joliet's City Council voted unanimously 7-0 to declare the Malnar's Tap building a public nuisance.

The public nuisance report for 1123 Clement St. stated, "This is a vacant mixed-used building with a former bar and single apartment above. This property is the former Malnar's Tap which suffered a substantial fire on Feb. 1, 2020. We have had contact with the owner since September 2020 when staff originally notified the owner of a pending declaration of public nuisance."

The city's report indicated Stanford was informed in October 2021 and December 2021 of his building permit deficiencies that needed correcting.

"Staff has met with and communicated to the owner numerous times throughout 2022 to discuss the process and requirements," Joliet's public nuisance report showed. "As of the date of this memo, we do not have the necessary documentation for permitting the repairs to the property. Staff has had increasing complaints from the community about the condition of the property."

Malnar's Tap Property 'In Total Disrepair'

At the time of the Nov. 1, 2022, vote, the City Council was informed that Joliet sent Stanford a letter on Oct. 6, 2022 — roughly a four-week advanced notice — letting him know of the pending declaration of a public nuisance.

"The property is in total disrepair. All windows removed with plastic blowing in the openings. There are numerous fines for non-compliance."

At that moment, Joliet was on the offensive and Stanford was on the defensive.

Stephanie Brooks, Joliet's residential property inspector, sent a letter to the owner of Malnar's Tap last Nov. 9 advising that 1123 Clement St. "constitutes a menace to health and safety, but also is a public nuisance and an unsafe structure ... because of your failure to put such building in a safe condition or demolish it, the Joliet City Council has formally declared your building a public nuisance."

A month later, on Dec. 13, Brooks sent Stanford a second correspondence, classified as a "Notice to Demolish or Repair" letter. The final sentence of the letter was in all capital letters: BUILDING PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING AND CONSTRUCTION WORK."

But before Joliet's Corporation Counsel filed an order at the Will County Courthouse seeking a judge's order to demolish the property, Stanford went on the offensive.

On Dec. 29, Stanford filed a civil lawsuit against the city of Joliet, seeking a declaratory judgment and other relief.

Stanford's lawsuit stated in part that:

• The Joliet Police Department did not complete its investigation of the fire until May 2020 and did not grant Stanford permission to enter the property until then.
• Stanford began a cleanup and that ended in June 2020. That September, Stanford received notice of a public nuisance regarding his building's condition. Gabe Friend of Joliet's Neighborhood Services Division informed him the property could not be repaired due to excessive structural damage and needed to be demolished.
• On Oct. 5, 2020, BP Miller Consultants inspected the site and on Oct. 27, 2020, Stanford got a letter from BP Miller stating, "I do not believe the building needs to be demolished due to the fire."
• In December 2020, Edward J. Batis issued a report, appraising Malnar's Tap at $750,000.
• After sharing the report with Friend, Stanford applied for various building permits for repairs including a roofing permit, which was approved by Joliet on Nov. 15, 2021.

Roof Repaired Last Summer

• The roofing contractor completed the roof framing in January 2022 and completed the roof repairs in June 2022.
• Meanwhile, last summer, Stanford submitted architectural plans and applications for permits to complete all his remaining repairs, meeting with Don Pallissard, director of building services for Joliet. Pallissard told Stanford he believed Malnar's Tap could not be repaired and needed to be demolished.
• Pallissard told Stanford that his roof, despite being repaired with a city of Joliet permit, "was too heavy for the structure" and Joliet would not approve plans and applications for more building permits because "demolition was necessary due to existing damage to structural columns from a previous fire that occurred at the property in 1995."
• On July 11, 2022, BP Miller Consultants performed another structural analysis on behalf of Stanford, finding:"the premises is structurally sound and any structural damage from the 1995 fire could be repaired."
• Joliet failed and refused to approve Stanford's applications for building permits or architectural plans "despite such architectural plans and applications for permits complying with the code of ordinances for the city of Joliet."

• Aug. 31, 2022, Pallissard meets with Stanford and insists Malnar's Tap cannot be repaired and needs to be demolished, demanding Stanford provide Joliet with another structural engineering analysis report.
• Sept. 12, 2022, Stanford's lawyer, Edward Anderson of Bretz, Flynn & Associates, sends Joliet an email seeking clarification. Joliet responds two weeks later, Sept. 26, failing and refusing to approve Stanford's applications for building permits, indicating they were under "technical review" and demanding another structural engineering analysis from BP Miller Consultants.
• Nov. 1, 2022: Joliet's Council votes to condemn Malnar's and Stanford received a notice of his public nuisance on Nov. 9, 2022.

Stanford's lawsuit against Joliet seeks a judgment in his favor for more than $50,000 plus other relief from Joliet and an injunction against Joliet to stop the city from trying to tear down his property.

Cunningham Neighborhood Wants Will County Judge To Decide

On Thursday, John Sheridan, president of Joliet's Cunningham Neighborhood Council, told Joliet Patch he has received a lot of complaints and inquiries about the burnt out Malnar's building.

"People are wanting to know what the city plans on doing about the building and why it is taking so long," Sheridan explained. "We just celebrated the three-year anniversary of the fire, and that is way too long to resolve a dispute.

"I personally have talked to all parties involved, and it appears to be the old saying, 'there are two sides to a story and the truth is somewhere in the middle.' It's time to let the judge decide. The neighbors just want the city to give the needed permits to the owner, so he can complete his remodeling and put the local landmark back into business."

Stanford's lawsuit against Joliet had a hearing this week in Courtroom 905 at the Will County Courthouse. Court documents show Joliet's Corporation Counsel from City Hall requested a time extension to respond to the plaintiff's lawsuit.

The judge set the next court hearing for April 18 —which is more than two months from now.

Related Joliet Patch coverage:

Malnar's Tap Joliet Fire: One Year Later

Joliet Needs To Clean Up Malnar's Fire Mess: Ferak

Malnar's Tap & Restaurant Sues Insurance Company in Wisconsin

Malnar's Tap Fire Causes $450,000 Damage