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Regular City Council Meeting Monday,November 5, 2018 Page 4 that are existing at the time or that might occur during the period of suspension or revocation. He thought that would help protect the current residents in the build- ing. Mayor Roe stated he did have some conversations with Mr. Gaughan about this. He thought the concern the Council had was who determines whether a violation has occurred and what is the City mechanism for that. Mr. Gaughan stated according to the criteria for license action the City Council does possess discretion; however, that discretion is tempered by the notion that persons are entitled to due process and that includes the Council cannot simply ar- rive at any adverse licensing decisions and cannot do so arbitrarily or capricious- ly. There would need to be some sort of due process afforded the license holder and that would include some sort of administrative hearing type procedure. That is why a provision like what the Mayor quoted for a compliance with other State and local laws is found in almost every licensing provision in Minnesota for mu- nicipalities. But, best practice has often been, as opposed to expending City re- sources and efforts to arrive at decisions, that other agencies are charged specifi- cally with investigating and fleshing out the facts or to wait for those other agen- cies to arrive at their decision, whether it is criminal court or some other State Agency. Councilmember Laliberte arrived and took her place at the dais at approximately 6:17 p.m. Mayor Roe suggested perhaps as a Council to direct staff to keep tabs on whatev- er cases might be out there in relation to this particular landlord and as soon as a violation might be confirmed by one of those entities, the Council then has staff bring that case back to the Council for consideration of some action on the li- cense. The Council does not necessarily have to act but at least that gives the Council the ability to have a discussion if action is taken. Councilmember Willmus stated along the lines of the Mayor's concern with re- gard to people being potentially put out on the street upon a suspension or revoca- tion of a license, what would happen in the case of a renewal or a hold over tenant and in the event of a suspension or revocation can the City Council stipulate that a third-party management firm would come in. Mr. Gaughan stated he has not thought about that, but his suggestion would be, in terms of what the City can do in the case of a renewal, there is discretion by the City to set up whatever safeguards are deemed necessary,but the City would want to do that on the front end. It would have to be a process in place in the Code be- fore such action is taken.