08-08-1988 - Agenda Packet City Council - regular meeting

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✓':_ 8488.4 TO: Mayor and City Council 111a 819cJ-: • 9r• '- 1R0lIx Mark Bernhardson, City Administrato ✓ii y YJ fy rD'R�� DATE: August 2, 1988 SUBJBCTx 3536 Lyric Avenue ISSUE - Providing information to the Council regarding the prosecution by the resident at 3536 Lyric Avenue. INTRODUCTION - As a result of Attachment A Council had questions iege[ding the prosecution of the appropriate charge. Subsequent to the Council I had an opportunity to discuss the matter with Brian Crawford, one of the City's prosecuting attorneys. DISCUSSION - On November 30, 1987 the City issued a ticket to Mr. CHxarles Henke for inoperable vehicles on his property. This matter was heard by the Judge in March 1988. The matter at this time was continued for dismissal provided that Mr. Henke rembves the inoperable vehicles. On July 11, 1988 tickets were again issued to Mr. Henke for inoperable vehicles, this time as a result of flat tires. On June 18, 1988 Mr. Henke was at the Ridgedale Court on another matter involving a disorderly conduct and careless driving charge in the City of Minnetonka. At that time the Minnetonka prosecutor was present and Mr. Henke indicated that he would not be able to discuss settlement of the Minnetonka charge until all the other charges could be resolved, presenting the Orono charge to the Judge at the same time. The Judge who was faced with a six member jury trial and the need to call people out from downtown requested that the Minnetonka prosecutor work with the Orono prosecutor to resolve all the issues. The Orono prosecutor had not been given a case file as this item had not been regularly scheduled on the court docket. Mr. Henke indicated to the Court that the only violation to the inoperable vehicles was the tire issue and that the vehicles were currently licensed and that all he had to do was lnf late the tires and remove the vehicles from the property, which he promised to do. The Judge then "instructed" the Orono prosecutor and the Minnetonka prosecutor to see if the matter could be negotiated for settlem^nt. As a result of that direction the matter on the inoperable vehicles charge was continued for 1 year provided that Mr. Henke corrected the violations. He has corrected this matter at this time. (Note: If violation exists on the property again a new charge will exist and the two charges that exist on Court records will be brought back into Court.) The outcome was a result of Mr. Henke insisting to the Court that all the matters should be handled at once, Orono prosecutor not having been apprised of all the information or appropriate