HomeMy WebLinkAbout1970/02/26 - ADMIN - Minutes - City Council - Regular MINUTES OF SPECIAL CITY COUNCIL MEETING
ST . LOUIS PARK , MINNESOTA
February 26 , 1970
A special meeting of the City Council was called to order by Mayor Howard
at 5 : 05 pm .
The following Councilmen were present : Frank Fleetham , Robert Reynolds ,
Leonard Thiel , and Frank Howard . Councilman Graves arrived at 5 : 35 p . m .
Also present were the City manager , Assistant City Manager , Gity Attorney ,
City Clerk , Police Chief , Police Captain , Officers Korbel and Sundstrom ,
and Acting Secretary .
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 on - sale
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 a minor .
After consultation between representatives of the City and the licensee , it
was stipulated and greed that the factual basis of the hearing with respect to
the violation claimed by the City would be based upon the documentary
evidence and be presented by the City Attorney to the City Council , consisting
of the Notice of Hearing with proof of service attached , subpoena with proof
of service attached , certified copy of judgment of the Hennepin County
Municipal Court for hearing held in St . Louis Park , a copy of the offense
report of the Police Department , and the typewritten statement of Pamaellia
Lutz , Donna Auburn , Patrick Jury , and Donna Murphy . All these documents
were received in evidence by the Mayor on behalf of the City Council and
declared to . be findings of fact .
The second phase of the hearing having to do with the consideration of
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 Pamaellia Lutz , age 20 , who testified that she had
purchased liquor in George Faust ' s Supper Club on previous occasions with
a falsified driver ' s license , but that on January 16 , 1970 , she purchased
two ( 2 ) intoxicating beverages without showing proof of age . Miss Lutz
stated that she was served in a booth in the dining area by a waitress and that
drinks were purchased in rounds by herself and her companions in the
booth , Miss Auburn , miss Murphy , and Mr . Jury . Miss Lutz also
testified that she arrived at Faust ' s at approximately 5 : 30 p . m . and left
shortly before she was involved in an automobile accident at approximately
10 : 30 p . m .
38A
Council Minutes , February 26 , 1970 ' cer
testified that he and Offi
Officer Duane Korbel , the arresting
officer of an automobile accident at
Robert Sundstrom were called to the sceneJanuary 161 1970 ,
Lane and Excelsior Boulevard at 10 : 43 ated that Miss Lutz
Meadowbrook L Officer Korbel
in which Miss Lutz was involved ' luence of intoxicating beverages and that
appeared hostile and under the influence
e observed duplront
icate licenses on the f asin 1
while preparing tow sheets , h g Y
' ' s automobile . He testified that she became incre
seat of Miss Lutz rested with confiscation of the driver ' s
hostile under questioning and was ai re and one in the
licenses . The licenses , two in the name of Miss Lutz , am0 ione
name of Margaret Bertram , were then produced fo
Lutz was then recalled and testified that she had used the Bertram
he
Miss L
license previously to obtain intoxicating beverages at Faust ' s an
did not leave the parking lot after leaving the dining are
The Council then questioned Karen Johnson , waitress at Faust ' s at the time
of the incident , who testified that she recognized Miss Lutz as being at often.
he
restaurant on January 16 , 1970 but that she did not recall seeing
Donna Murphy , Donna Auburn , and Patrick Jury separately testified that
they had been with Pamae llia Lutz at various times on the night of the incident
and that Miss Lutz was served at least one intoxicating beverage in the 1i
restaurant .
George Faust stated that he did not contest the statements and evidence sub -
mitted in hearing and that he had no additional information to offer for
consideration .
After hearing all statements and questions , the Mayor declared a recess at
6 : 20 p. m . The meeting was reconvened at 6 : 30 p . m .
The Mayor announced that no action would be taken at this time due to a lack
of majority for a decision and that the hearing would be continued to Saturday, t
February 28 , 1970 at 12 : 30 p . m . The meeting then adjourned at 6 : 35 p . m #
rank H
J . . d , Mayor
Attest :
Richard Schrad , Actg . Secretary
38B