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Home My WebLink About1969/10/27 - ADMIN - Minutes - City Council - Regular MINUTES OF SPECIAL CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA October 27 , 1969 A special meeting of the City Council was called to order by Mayor Thiel at 8 : 20 p . m . The following Councilmen were present : Murray Galinson Richard Graves James Heltzer Frank Howard Richard Koch Robert Reynolds Leonard Thiel Also present were the City Manager , Assistant City Manager , City Attorney , City Clerk , Police Chief , Police Captain , Detective Morgan , Officer Beltrand and Acting Secretary , Councilman Galinson moved to appoint Richard Schrad as acting secretary. The motion was seconded by Councilman Reynolds and passed by a 7 - 0 vote . Councilman Galinson stated that because he had legal and business interests in the liquor industry he would disqualify himself from the hearing if so desired by any party . No objections were noted by either the Council or by Mr . George Faust , owner of Culbertson ' s , Inc . dba George Faust ' s Restaurant . The City Attorney gave a summary of the situation and explained that the meeting was called as a hearing on revocation or suspension of the off - sale i liquor license of Culbertson ' s , Inc . dba George Faust ' s Restaurant , 5916 Excelsior Boulevard due to recent alleged violation of the intoxicating liquor licensing ordinance involving minors . After consultation between representatives of the City and the licensee , it was stipulated and agreed that the factual basis of the hearing with respect to the violation claimed by the City would be based upon the documentary evidence to be presented by the City Attorney to the City Council , consisting of the Notice of Hearing with roof of service attached , subpoenas with p p proof of service attached , certified copy of judg - ment of the Hennepin County Municipal Court for hearing held in St . Louis Park , a copy of the offense report of the Police Depar i a ertified copy of the birth certificate of Stephen Vilipskicopy t , and a co of he letter from the City Manager to George Faust regarding the matter . All of these documents Fere received in evidence by the Mayor on behalf of the Cit Council and declared to be findings of fact . y The second phase of the hearing having to do with the consideration of — 326 Council Minutes , October 2 7 , 1969 mitigating circumstances and the imposition of disciplinary action , if any , Were found to be necessary was also stipulated and agreed to be presented to the Council by the representatives of the various parties involved , reserving the right to take evidence as to any aspects of the hearing which presented serious questions of the fact . The Council questioned Stephen Vilipski , age 180 who testified that he had purchased liquor from Faust ' s Liquor Store on previous occasions with a falsified driver ' s license but that on August 12 , 1969 , he purchased liquor without showing proof of age at the store . Mr . Vilipski stated that he could not subsequently identify which of the several clerks on duty at the time made the sale . The Council then questioned Officer Dennis Beltrand , the arresting officer . Mr . Beltrand stated that while on regular patrol he observed Mr . Vilipski Vi entering Faust ' s Liquor Store and concluded that he may have been under age . Mr . Beltrand testified that he followed Mr . Vilipski for several blocks and apprehended him for speeding at which time he discovered the liquor in Vilipski ' s car . Ivtr . Vilipski was not in possession of a driver ' s license at the time of apprehension . Beltrand stated that his intention in delaying apprehension was to trace the possible destination of Vilipski and the liquor , Detective Richard Morgan presented a statement that Iver . Vilipski had a beard at the time of the incident which altered his appearance , but denied that the beard affected the officer ' s judgment . Morgan also stated that the City Attorney erred in his summary giving the time of occurrence as " late at night " when it occurred at 1 : 00 p . m . Morgan testified that Vilipski was not recognized by any of the clerks in the liquor store when he was returned to the store and that the department received full cooperation from the restaurant during the investigation . Under questioning by the Council , Richard Hubbard , liquor store manager , testified that employees were required to ask for proof of age in questionable cases and that such proof would be at least two identification sources such as driver ' s license and selective service registration card . Mr . Hubbard stated that it was very unusual for Vilipski to have purchased liquor with only one card , Hubbard felt that two identification requirement is good procedurally when enforced . Hubbard also stated that the Police Department has not been called in cases of questionable age and that if a false identification is Produced , the sale is refused . The false identification has been confiscated under previous management , but the City Attorney questioned the legality of g such action , police tred information that his department has Chief Clyde Sorensen volunteered received calls from Faust ' s Restaurant relative to identification problems . Geprge Fauststatement to the Council in which he expressed presented a uilt derived therein , no doubt as to the occurrence of the incident and to the g 327 Council 1winutes , October 27 , 1969 but that his personal reputation as a restaurateur and community man were ilty of criminal carelessness or intent . at stake , and that he was not gu After hearing all statements and questions , the Mayor declared a recess at 9 : 10 p . m . The meeting was reconvened at 9 : 55 p . m . Councilman Graves moved no suspension of off - sale license . The motion was seconded by Councilman Howard and passed by a 4 - 3 vote , Councilmen Heltzer , Koch , and Mayor Thiel voting nay . After further discussion a motion was made by Councilman Howard to have the City Manager draw up an ' b.ffidavit of age " format for submission to the Council Liquor Committee for study . The motion was seconded by Councilman Reynolds and passed by a 7 - 0 vote . Mayor Thiel declared the hearing closed at 10 : 10 p . m . Leo rd J . Thiel , iayor Attest : Richard Schrad , Acting Secretary 328 MINUTES OF SPECIAL CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA October 27 , 1969 A Special meeting of the City Council was called to order by Mayor Thiel at 10 : 10 p . m . The following Councilmen were present : Murray Galinson Richard Graves James Heltzer Frank Howard Richard Koch Robert Reynolds Leonard Thiel Councilman Reynolds moved to direct the City Manager to initiate defense proceedings in pending lawsuit , Twin City Disposal Service Co . , Inc . vs the City of St . Louis Park , and to retain Mr . Ken Green of the firm of O' Conner , Green , Thomas , Walters and Kelly to represent the City , and to initiate counter - claim against Twin City Disposal Service . The motion was seconded by Councilman Koch and carried unanimously . Councilman Heltzer moved to authorize the City Manager to select the parking consultant to perform selected parking studies for the City of St . Louis Park . Motion was seconded by Councilman Howard and passed by a 7 - 0 vote . Councilman Heltzer moved that the City Council go on record as approving Twin Cities Area Metropolitan Transit Commission acquisition of Twin City Lines , Inc . The motion was seconded by Councilman Howard and passed by a 6 - 1 vote , Mayor Thiel voting nay for lack of information on the issue . Councilman Galinson moved to name the firm of Liebenberg , Kaplan , Glotte r and Associates , Inc . , architectural firm , to perform the preliminary he motion was feasibility studies for the proposed municipal garage . ssion , Councilman seconded b Councilman Reynolds . After some disc Y Howard moved to amend the motion to name also the firm Them tion was Associates if the two firms are willing to work together* seconded b Councilman Galinson . The amended motion failed or Thielto pass a vote of 3 Y 4 , Councilmen Heltzer , Koch , Reynolds , and y a e final motion was then passed by a vote of 6 voting nay . Th original Councilman Howard voting nay * seconded by Councilman Reynolds , the On motion of Councilman Galinson • by a 7 yea vote * meeting was adjourned at 10 : 50 p Atte st : Thiel , Layor Leo rd J . Richard Schrad Actg . Secretary 329 - - -