Loading...
HomeMy WebLinkAbout19911121_special269 IIINUTES OF THE SPECIAL IEETING OF THE EDIL'?A CITY COUNCIL BELD AT CITY HALT,, NOVEMBER 21, 1991 A special meeting of the Edina.City Council was held on November 21, 1991, at 5:OO P.M. for the purpose of considering suspension or revocation of a public dance permit for Arnold's Hot Roxx Music Cafe, 5125 Industrial Boulevard. Minutes thereof are written in summary form. R0I;LCAI;L Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. BACKGROUND INFORMATION PRESEIUTED this special meeting on short notice, following a telephone call from Danny Stevens, to hear the circumstances and facts concerning the events of Saturday night, November 16, 1991 and the staff meeting with the restaurant owners on Wednesday, November 20, 1991. Mayor Richards asked if the principals were present. Mike Palm stated that he was one of three owners of Arnold's Hot Roxx Music Cafe. He identified Danny Stevens, also an owner, as present and said that the third owner, Roger Moberg, was not able to attend. Mayor Richards said that he had requested the City Manager to compile a packet of background information relating to the subject public dance permit and events of Saturday night. Further, that a copy be provided to the permit applicant. Mayor Richards stated that he had called TESTIMONY BY CITY submitted an application for a public dance permit on September 30, 1991, together with a tentative schedule of dates, for Arnold's Hot Roxx Music Cafe, 5125 Industrial Boulevard, On October 1, 1991, the owners were advised by certified mail that the permit had not yet been approved pending correction of certain health and fire code violations. Issuance was further conditioned upon payment of past due invoice for services provided by police officers working at dances held in June, 1991. On October 3, 1991, payment was received and on October 7, 1991, the City issued a public dance permit for the period from 10/07/91 to 09/30/92, to be reviewed for continuation quarterly. Manager Rosland informed Council that Mike Palm had Chief Swanson stated that Deputy Chief Kleven had reached agreement with Mr. Palm verbally on certain permit requirements, i.e., off-duty police officers, hours, etc. in June, 1991, he did a thorough fire code inspection of the premises and orders for correction were reduced to writing prior to issuance of the first permit. TESTIMONY BY OWNER/APPLICANT Mr. Palm provided information in response to questions of the Council, summarized as follows. permit as to police officers and hours; by verbal agreement they started with four officers which was subsequently reduced to two officers. Dance hours were from 9:00 P.M. to 11:45 P.M. Music was stopped at 11:30 P.M. and the parking lot has been cleared by 12 midnight. dance; Danny Stevens has been there every Saturday night since August and Finess Whittley has been their black belt bouncer for Friday and Saturday dances with the exception of Saturday, November 16. for determining age has been setup; those who appear younger than high school Fire Inspector Landry stated that on first application No written requirements with He has attended every Saturday No formal carding process 11/21/91 270 I age are questioned. nine years and interest is to develop a friendship with the kids and provide a place to keep them off the streets. Attendance started with about 20 kids and has grown to about 300 or more on Saturday night. of mouth and by distribution of flyers. Admission began at $5.00 and has been raised to $6.00 to limit numbers. southern suburbs and represent a diversity of life styles. is Rap. Capacity of restaurant is posted at 265, but based on building construction, leaving back door open, etc. they had assumed maximum exit capacity to be 299. some leave others are allowed in. building so as not to conceal anything. On Saturday night there were approximately 25-30 kids waiting outside to be admitted. dance managers. Has been involved with Young Life at Edina High School for Advertising has been by word Participants have come mainly from the Type of music played Capacity is regulated by ticket cutoff when capacity is reached; as Kids are not permitted to wear coats in the Smoking issue has not been addressed. Parking lot has been monitored by police officers and also by the TESTIMONY BY OFFICERS Saturday, November 16, 1991, and as reflected in police reports: Officer Eidem, Officer Nibbe, Officer Long and Sargent Clabo. was that the entire night shift was tied up at the subject location and unable to respond to other parts of the City. The following testified as to events occurring on Sargent Clabo stated his concern Chief Swanson stated that on Monday, November 18, 1991, he heard a condensed version from the police officers. felt that by having police officers at the dance they become agents for the establishment. not do what it did 10 years ago. officers because of the introduction of gang activity. things have gotten out of hand and that this has turned into a regional event. Based on the facts and issues relating to that event his recommendation was to suspend the dance permit. From testimony given at this meeting he had A cultural change has been occurring and a police presence does There is great potential for injury to police His conclusion was that Fire Inspector Landry spoke to the recommendations he had submitted in his memorandum dated November 18, 1991, based on his observations at the event on Saturday, November 16. RESPONSE BY APPLICARl?/OWNEX Mr. Palm stated that he had seen no fists thrown at the event on Saturday, November 16, that the reports have been blown out of proportion, and questioned the charges of disorderly conduct. Further, he submitted that the animosity shown by some of the kids was created by the conduct of some of the police officers. they had been treated with respect. they could to provide a positive environment for the kids. He suggested that they would have cooperated if Mr. Palm said they were doing everything Finess Whittley explained his background and told of his involvement with the kids who attend the dances at Arnold's Hot Roxx Cafe. He indicated that there are a few bad apples but those will be weeded out. but police officers who deal out of fear and do not how how to work with black people. Also, that if he had been there the problem would have not occurred. The problem was not the kids He said the dance should not be prejudged without giving it a chance. Danny Stevens commented that most of the officers that have worked the dances have been superior. He criticized sending two female officers on Saturday, 11/21/91 271 November 16 to deal with macho type males. Further, that want to deal with the situation because of the numbers of dance. the police do not blacks coming to the Jim Sandford stated that he was an attorney, a new resident of Edina and a friend of Mike Palm. commitment to kids and that cross-cultural involvement is a good thing. In reference to the previous Saturday dance, he said something got out of hand but that rather than revoking the permit some rules of conduct should be established. to work with the Police Department and the principals. He commented that these people are trying to make a Good suggestions have been made and the focus should be on a way Steve Richardson, committee chair for Young Life in south Minneapolis, said that the Hot Roxx dances were not endorsed by Young Life but spoke in support of the effort to reach out to kids. His concern was that if a decision is made to not permit the dances these 300 kids will go somewhere else that is less positive. place for kids. He suggested that the Council help develop Jerry Sand, property manager for Northco Corporation, said Lutheran Brotherhood was supportive because they encourage youth. He said the lease use clause does allow dances but dances would not affect the lease. this as a positive that as landlord involvement with non-conduction of OPINION OF CITY ATTORNEY Tom Erickson, City Attorney, stated that the Council has the following options/powers: 1. The statute though repealed, is still in effect as it relates to Ordinance No. 201 regarding public dance permits. Repealing, without further action by the City, does not repeal the City's ability to operate thereunder. Ordinance No. 201 states that the permit must be issued by the governing body of the City in accordance with M.S. 624.42 through 624.46. it was reviewed and signed by the City Manager; therefore the Council has never issued the permit. the affidavit of two residents that the applicant is a person of good moral character and reputation. The statute requires that the permit be issued to the owner of the premises or the manager of the dance. In this case the permit was issued to Arnold's Hot Roxx Cafe, which is neither the owner of the premises or manager of the dance. In this case the Council never acted on the permit as 2. The application, in accordance with the statute, must be accompanied by No such affidavits were submitted. 3. Based on the above and research that indicates that a permit not validly issued is void, Attorney Erickson opined that there is no valid permit for operation of the dances. This is true not withstanding the fact that they have been operating under what they call their permit for some time. the language is clear in the ordinance the permittee is charged with knowledge of the laws regulating the granting of the permit and any action taken is at permitte's own risk. Where Although the statute and ordinance gives no guidelines on how to revoke or suspend a permit, that power is implied. The power of the Council to grant 218 11/21/91 also inch-2s the power to suspend or revoke. must be essentially what the City is following, i.e. charges, a hearing and opportunity for the permittee to refute the charges and then a decision by the Council which must be based upon the public health, safety or morals of the City or must be based upon a violation of the ordinance or of conditions imposed on the permit. conditioned by the issuing authority as it may determine necessary. if it wishes to consider further an application by the alleged permittee, could impose conditions. were subsequently violated, the permit could be revoked. The procedure to suspend or revoke The statute also states that a license when issued can be The Council, If conditions were imposed and made a part of the permit and Council Comment/Action Mayor Richards commented that the only issue is the proper conduct by individuals as it relates to the safety and welfare of this community. At present the City does not have enough terms and conditions in place to properly regulate this activity to meet community standards for conduct. He suggested that the principals set out rules of conduct as the basis on which they would propose to hold the dances and then submit those to the City. Further, that the Council not allow the dance activity at the subject premises until a set of terms and conditions have been submitted, been reviewed by the Council and the Council will then decide whether or not to issue the permit. Discussion followed with Council Members stating their concerns about the events that had occurred and the standards of conduct they felt would be appropriate or not appropriate. These included, but were not limited to, age level of participants, drinking in the parking lot, smoking, noise level, only one person that could effectively control the crowd, use of police officers, limited police protection for other areas of City, and appropriateness of site/building for the activity. Member Paulus made a motion that this matter be held in suspension until the applicant submits terms and conditions relating to conduct as part of the application for a public dance permit for the premises at 5121 Industrial Boulevard. Motion was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith Richards Motion carried. I Mayor Richards declared the meeting adjourned at 9:22 P.M. City Clerk