The URL can be used to link to this page

Home My WebLink About1975/12/31 - ADMIN - Minutes - City Council - RegularMINUTES SPECIAL CITY' COUNCIL MEETING ST. LOUIS PARK, MINNESOT'A DECEMBER 31, 1975 1. Call to Oxdex. The special meeting of the City Council was called to order by Mayor Fleetham at 4:00 p.m. 2. Roll Call% The following Council members were present at roll call: Seymour Druskin Richard Graves Rose -Mary Griak Frank Fleetham Keith Meland Leonard Thiel Lyle Hanks Also present were the City Manager, City Attorney and Acting Secretary. 3. Approval of Agenda 4. Resolution 5450 Recognizing Land Gift --Hoover reading was warred s Upon motion by Councilman Thiel, seconded by Councilman Hanks, the agenda was approved with no additions. RESOLUTIONS Resolution recognizing gift of land from Charles J. & Maude B. Hoover (36th Street) was introduced. Upon motion by Councilman Thiel, seconded by Councilman Graves, the and Resolution No. 5450 entitled "Resolution Accepting Gifts" was approved by a vote of 7-D. REPORTS OF OFFICERS, BOARDS, AND COMMITTEES 5. Northern Franchise, Inc. The City Attorney reported on recently Litigation Action instituted legal action by Northern Franchise, Inc., d/b/a The Leaning Post. He stated that this action is being brought in the Hennepin County District Court and seeks to set aside the suspension of its liquor license. The Attorney reported on his conference with Judge Fosseen of the Hennepin County District Court and Edmund Cohen, Attorney for the Leaning Post. He stated that the Judge signed an order to show cause, staying the effect of the suspension until a hearing has been held on the action. The hearing has been set for January 20, 1976. The Attorney also stated that Edward Cohen had explained to him that he did not visualize this case as an ultimate solution but rather a means of rehearing the case. After a discussion and questions relative to their action of the penalty for liquor violations in the jury room, the City 378 discussing Attorney stated Special Council Minutes, December 31, 1975 5, (cont.) that it was his opinion the actions of the Northern Franchise, City Council were legally taken. He referred Inc.. Litigation briefly to the Channel 10 case as background Action to his reasoning as to the legality of handling disciplinary proceedings in private. The imposition of a penalty for violation of the liquor laws seems to be of the nature of a disciplinary proceeding and therefore, the City Attorney indicated that he felt the law is not applicable. He further ,. Mated that even. if the law was held to be applicable to this kind of proceeding, a news reporter was present at all times and so the meeting was not a secret meeting. Councilman Hanks stated that he would like to settle the open meeting question, not only foz the case at hand, but for the future. Councilman Meland stated that the purpose of the public hearing was not to determine guilt or innocence but rather to consider assessment of a penalty for a violation which was previously plead guilty to by the licensee. Upon question by Councilman Hanks, the City Attorney stated that other procedural objections by the plaintiff's attorney, such as the failure of a majority vote on the first motion, do not seem to be of such a nature as to nullify the Council's action. Upon request by Councilman Thiel, the City Attorney stated that he does not believe that the plaintiff would ultimately prevail, and that there is no guarantee that -the District Court will ultimately view these issues in the same way. Under these circumstances, the City fttorneyingatedsthat the Council may wish to -attempt to avoid the expens6 or suit by rescinding the former action and thenaffirm holding action a new aand gto contest as an alternative, the Council can decide to the suit. he ilman. Thiel. stated -that it was obvious by this stay to 1OThetstaytof Counc accomplished what it want plaintiff, the Leaning Post, Councilman execution eliminates the closings on January 4, and 11, 1976. c ed what would happen if the Council did select the Super Bowl Hanks asked business day other than the Sunday (Sunday 18) or ,some other similar heavy how t were selected. He stated that he woulforotherLe ningePost two dates that when the attorney Court could act by ordering a stay Hanks had over a month t o act such as to commence suit. Councileanbar aineddi- Gated that one problem with -this matter given probational He stated that in the Count and the Leaning Post was g lead guilty to the liquor of th.i s . action, the Leaning Post did p regardleSs and, therefore, the Council's action was proper. violation charge ed that -the City Council had changed its hearing Councilman Graves indicat ive years and that it used to enienthold tforethengs the..last f procedure dur� i.ng Council has ..the Court in order to mafelttthatethenCity before actions by He Stated that. he li uor establishments• onable in handling of violati�ssa ily ay a lright. q s .yeas e and not nes a right to do what i rivileg e because the license is a P lice nst at the Council should decide what alternatives Councilman DrUskin stated t 379 Special Counc.i.l M.1nuteS, December 31, 1975 it has and thenact response-boY He w s deniedted he5, (conto) post a Northern Franchise, that he felt the Leaning the hearing. He Inc Litigat_lon right of due process Action stated that the establishment has the ewoudt to expect that the full Cit .COunclrior to action. hear the entire testimony and review the evhatnthepissue was more than Councilman G-rlak stated that she bell thorit of the Council was being the Leanl.ng Post's license, that the au Y challenged and that the Council should proceed to court, i Councilman moved, seconded ontestLthel After further discussion, its man Griak., that the City Council affirm action aad nothing to do ion suit. Councilman Graves indicated0that his motstion as to how the with penalties but that it was an important que City Council conducts its business. In response to a question from Councilman Druskin relative toawhat attthe City had to gain by proceeding to court, the C1ty ertandehat justified, L the Council believed that their action was prop J it may be beneficial to defend its decision. He further indicated that a decision on this matter would provide certainty as to the legality of the Council handling disciplinary proceedings in private. After further discussion as to the background of the case and the procedures followed by the Council, Councilman Graves offered a motion to set hearing and request that the plaintiff waive the ten days legal notice and a hearing be held on January 5, 1976; if this waiver would not occur, then the City Council would proceed to trial. There was no second to this motion On a roll call vote, the original motion passes 4-3 (Councilmen Meland, Hanks, and Druskin voting opposed.) Mayor -elect Dahl stated to the Council that he was concerned with the policy of adjourning to the Jury Room for disciplinary proceedings. He stated that in good faith he could not go along with this procedure and would prefer to meet in public on such matters, Councilman Thiel stated that he does not think that elected officials will vote honestly on such matters if they are deliberating in public because of possible embarrassment or discreditment to business people. He stated that he felt it was more than proper and in the public interest for the Council to deliberate such matters in the Jury Room - 380 . Special Council Diinutes, December 31, 1975 CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 13. Verified Claims On motion of Councilman G �i r ak, seconded by Councilman Grcc "ves, the lasts of verified cla sdal2a by theSin t Dir -actor of Finance and presented to the Council date amount of $62,769.88 for vendors, and $690.00 for l/7rollwere he oapproved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same by a 7.0 vote, 14. Adjournment Attest. There being no further busineLs to come before the Council, meeting wa.Q adjourned at 5:32 p.m., on a motion by Councilman Graves, seconded by .Councilman Meland with a 7-0 vote. Frank Fleetham, Jr., Mayor Shirley ff land, Acting Secretary 381