02/04/1965 - 00022274� 1
Tha City Manager�,stated,thaE the Ciiy Attorney could examina the
rsquiremeats for�obta�ning Fedaral Graata for tiie aonetruction of an
Bmargeacp Ope=atiAg Center and,report to the Council at the next Bngular
Council $�eting.�; , Covncilmaa 'j'ho9�paon aeked if aay oP the other municipalities
in thie area,�have installed,8mergsacy Operating Centera in any of their
buildinge. Bobert Molinaro answe[ed,that Minnaapolie, Bloomiagton, and
Golden;Valley dad•installed S�ergency OQeretiag Centers, The City Manager
etated thaL it vould ba eaay for him to check with these cities regarding
- their dxpesiBnce With tLs conetiuction and operation oC an Emergancy
Operating Center.
Mrs. Hughee stated that on bahalf of ihe Library Board ahe wiehed to
state,that the Libraty ahould have qu$rtera alaewhere, that the propoaed
conetructi,on'of an Smargenny OpQFating Center doea not provide the beat
Facilitiea for a Library, Jerry Mundt atated that th� area plattned Eor
tha Library,would not anceasarily,hsve to be iacluded in the conatruction
oE an Bmergeneq OperaLing Centar.,
Robart Molinsro etated that,the Citq muet apply for the funds naceasary
for a study oP tha Eeasibil,itq of inetalling an Smergancy Operating
Canter at this tima, in ordar,to recaive authoriaation for the Eunde,
befora conductiag the Peaaibility study. Jerry Mundt atated that coat
of the,leaeibili�y study would be s800.00, because the Architect would
hava to make plana for a buildirig without a basemant, and a building
vitA a basamsat. Motioa by Wright to adopt Beaolution No. 22-1965,
authoriaing a,fsasibility study for the,Bmergeocy Oparating Center and
autho;fsiag ths axpenditurs o�_�800,OO,Co ccxidact tha study. Saconded
by ICirkham. IIpon a,voice vote „ there being no aaya, the moLion carried
unaqimoualq.
Mayor Nas dectlarad that thern Would be a Special Maetiag of the City
Council ron Thnr�day, February,4, 1965,at 7:00 P.M. to coneider action
on ordaring tinal plana aad spncificatione Eor the nev City Hall, and
- alao ihe nead for an Bmergency Operating Cantar.
Thnra being no Eurther busina�s, Mayor Nee declerad the Begular Council
Meating of Fabruary 1, 1965 adjourned.
Raepnetfully aubmittedt
�"��a+.n-zL' �'/J�s�� _ C/I/ �"��'f/YJ�%'�
a d S. Bada William J, Nee /
9ecretary to the Council Mayor �
SPBCIAL OOUNQL MBBTING lfINDTE3 - FSBBUARY 4, 1965
The mnating waa callad to order at 7:45 P.M, by Mayor Nee.
ROLL CALL:
�
Membere Pre�ant: Nne, Kirkham, 'Thompaon, Wright
Mambere AEeants� Sheridan ,
i,
BS30LUTION�FB�! CiIAMBSR OF COI49i8C6 OPP03ING SMB&G6NCY OPBBATLNG CHNT@N:
� � � � .
Tha City,Manager reed�a lettnr from Walter Millar, Preaident of the
Chamber oP Commarce, which includad a Beaolution by tlu Chamber oE
�Z
Commerce Board oE Directors which recommendad that tha City proceed
without delay with the plans for the new Civic Oanter as preaented
to the Chamber previously, and that the Couneil disregard further
conaideration of tte Civil Dafense Smergsncy Ceatsr, and that tha
Council give conaideration to the location 'of the Publia Works -
Departmant on proparcy oiher than the location of the preeent Civic
Centec. Motion by Thompeon, seeonded by Kirktiam to receive the
Communication and Raeolution of Fabruary 4,'1965 Prom the Fridley
Chambar of Commarce Board of Dfrectors.' Opoa a voica vota, there
being no naye, Maqor Nee declared�the motion carried."
, � ��� � � �
AUTIIORIZING PRBPARnTION OF FINAL PLAN3 AND SPECIFICAITON3 - CITY HALL3
Motion by Rirkham, eaconded bq Thompson, that�IIha Council authorize
preparation of the final plans and epacifieatione by S, C: Smiley
Aesociatea aa par the final praliminary plana reviawed by�the'Council
and the Chamber of Commerce on January 28,'1965; nrith tt�e ezcnption
that the windowa provided for Ln aeid preliminary plane !br the'portion
to be occupied by the Anoka County Librory be chenged to full length
windows, and that the public toilets provided in'L'Ite-basemnnt of the
proposad new City Hall be enlarged.' Upon a voice vota, Lhsrs being
no nays, the moiion aarriad unaaimoualy.'
. � ,,, , .
Motion by Wright, eacondad by Kirkham, that the Council rercind tha
action approvad in Beaolutfon No. 22-1965. 'Opon a voica'vote, thars
baing no nays, Maqor Nae declared the motion aarried.' �
�NDATION OF CIVIL DSFBNSB DIBSCZiIR:
Motion by Rirkham, seconded by Wright, that the Council commend Civil
DaPense Diractor, Molinaro, Por his coaeiuerablu ePEort�'in bringing
the facts of Bmargeneq Operating Canter requiramanta to the Couacil'a i
attention, and requasting his aseistance in formulating plans f or
amergency operation of the City Hell during disaatare. Upon a'wice �_1
vote, thera baing no nays, Mayor Nee declared the motioe carried.
ADJOURNMENT:
There being no furthar busineas, Mayor Nee dAClarad the maeCing
adjourned.
Respectfully evbmitted:
� � `-��\
Tarl P. Wagner 1 iam J. Nan
Acting Secretary to the Couacil Mayor
(NOTF. ) � , ' � , �
SEE FGBKUARY 10, 1965 SPECIAL CAUNCIL M6ETIP7G MINUTfiS FOLLOWING SP&CIAL
COUNCIL MEETING MINUT6S OF FSBRUARY 11, 1965 ON P.hGES 88 AND 89.
,i � a
SPliCIeL COUNCIL MSBTING - FSBBUn$Y 11, 1965
Mayor Nee explained tha Council action of Fabruary 10, 1965 in euapending
the licensea of the Froatier Club and that a raqueat by tha lieensee
for a hearing had reaulted in hie calling this masting'aad that bq
anawering to the roll call the Councilman would waiva Lhe sacitten notice
of hearing. Mayor Nee aleo atated that Councilman Thompe�, vho could
not be preaent, had aasured hi.m that he waived the notice of heariag.
Mayor Nee then declared tha meeting open at 7:50 P.M. and asked for
roll call.
�� �
BOLL CALL:
� .�
Membars Prnsant:'�, Sheridan, WrigSt; Kirkham, Nee
, �..
Membar,Abaent: Thompson � '
Mayor,Nae'axplaiaed that the SpecLa� MeaYing oa Wadnesday, Fabruary
10,'1965�had baea eonvened on'the batie oE Police eeports, one by Sergeant
r— Cook;"and ons�',by 3ergiant�Coo�C and�Patrolman Brickaop, and that the Council
invitad ,Chief ,MeCar'thy and,5ergeanL Cook ta the meeting to explaia thair
� rnporta inrEnll.' Ths Council qgd heacd teatimoay from the Police Dspartment,
and szaminid„the Pplice Contact File on the FronYier. Club dating Erom
1963,,aadrth`at 3t„wae balisvad'that chargea would ba brought and upon
*convict�on could"raeult in mandatory revocation, eo a motion was made to
suepend',theTlliceneea Under Section 81.12 of the eode oP the City of Fridley,
1963,, until,'snch',ttme�as the axpected charges wera mada and reaolvad.
The City A'ttorney had advieed tha Mayor that the liceneee Would like to
have a hearing so�thie meeting had besn convened.
AITORNBY FOH THS LIC&N38S - I�. MARTBLL:
Mr. MArYell'advieed Lhat ha wa� tha attorney for the Liceneee and asked
that he be s1loNed to epeak, Ae statad that the liceneee's poeition ie
that'�nder State I.sw and deCisiona of the Supreme Court, a licanee cannot
be auapended without a notics of hearing and m lieting of reaeons for
the propoaEd�eudpeneion. �The liceneee'e ha`ve had no chance to rebut the
reaeon� lot�a snipaneion. It seema to be that the basta Eor the auepeneiac�
is a presum�tion of guilt., The liceasae ie loain'g busineea while the
licenaas"arn ausp�hded. Mr; Hartell suggested that the CiCy Attorney be
asked if the Counail actien wnce indeed lawful.
� � ,
City Attomey 9uith atated Chat�he was not at the meeting on Wedneeday,
February 10� 1965.' Mr. Smith stated that there are tWO actia�a provided
for in tha Ord�nanee, one of urhi'ch ie suepenaion'in which there ie no
not3ca requira , and the other ie`revocaiion which requiree notice. He.
suggested that tha matter be reviewed if'the powar to�revoke would have
to be used; eo he Palt that rnaeona Cor the euspsneion ehould be preeented
to the lic4nsae ao tt�at he could review and rabut. Y'he licenee was
granted originallp undei'ttis Ordinaace provLding !or auepeneion without
notice.';Tlie City Attorney euggestdd Lha Council proceed to have the
Police tebtify again, and iE the presentetiona aeem to warrant it the
Council,rescind action, or if teetimony indicatea euepenaian be continued,
it be to a'�tipalatsd date.
APPBA6ANCS BSF08S COONCIL'- 3SB0&ANT COOK: '
Mayor Nee asked 3nrgeant Cook to give anq information he had in this
matter. Sergaant Cook stated that the tvo girle advined him that they
were 19 and'20'yeare o! age. They told him that they had not Deen asked
for'an ID.' The bounce�r et Ehe Club told Sergaant Cook that they had
ehoWed an IA and tha'girl,said "no sha had not." Sergeant Cook stated
thst'at'thii"poiat Mr. Povii�zki ssnt the bounc�r back into the Club.
The girle statad that tluy purohssed �only eat-nps, although eome man they
didr't'know l�ad'poured liquor.inCo the'set-up for one of the girle,
9ergaant Cook,state� tflat he nle��nd tha girls after obtaining this
intormati4n,''and told them Lliat they vould be notified of any actioa to
be takan. '�i"�Cated�that it aas Lhe'20 ynar old girl who admitted to
have �aQ'I;e^�.high-ba11. M=, Mattall�sskad Sergaant Gook iE Che Eacta thaC
ha had�rel'atsd t'o $hB Council'had been checked oui by him with the parenta
oE t1�e�`gir`,ls��"and oGlr re who'might know'the girle. He stated that minora
with talee ID's will lie ab'out having�aame and askad Sergnant Cook iC Ehat
raern not t=ue. '3a'rgeant Cook statad that thny vill admit it, if piciced
up, umually,tihinking Ehat it ai11�1i�lp�them with the police to make euch
an admisei�on. Mr. Martell asked if'the man picLced up rrLth e Pelae ID
was on a saparata npori. `Sergeani ,Cook eaid that S�rgeent Voigt had
handlad tHat'maCtnr: 3argeae�t Cook atated that one o� the girle stwwed
her drivars licanaa to him �and it showe8 that sha wae 20 yaare old.
Mayor^Nae aslcad if, it wae'ae otfnnse to ba on the premises iF under the
age'of 21, and Sergeant Cook said that it was. '
�4
APPEARANCfi BSFORE COUNCiL - SBBGSANT VOIGT:
Sergeant Voigt then appeared bafore the Council and atated that ha �
had received a call about 11:22 P.M, to check Por minors,in the ,
Frontier Club. Patrolman Andereon and he had got►e W the Club aad
he and Andnreon had entered the Club. He eacr two,girls,by,ths band
aiand who he felt oight be under 21, both admittad Lc 6a'undar 21
and he took them out of the Club to 3ergeant Cook,vaitiog iq tha „
Polica car. Ae thn booth where tha tvo girls wsre 'sitting he iound '
[WO glaesee and a bottle of Vodka. Ne also,�while,in,th� Frontier
Club, asked a y�oung man for his ID and the men ahoved him a"dra4t _�
card for a man owr 21. Tha physical daecription;on the'back of
ttie card did not match Sergeant Voigt•'s'appraisal'of`tha:;.phqsical
description oE tha bearer of tha card. Sergnant Voigt tha'n cheCked,
through the motor venicle diviaioa and found thati the holdet of`the t
draft card �as aatuallq a Mr. 811ia from Bochnater, and not ehs
peraon shown on the draft card: Tt�e man then wae taken'to the
atation and bookad for poseaeaion of a falea ID eard. Sergeant'Voigt
steted Richard�Povlitzki approached him and asknd�,`if he'd'loee his
license, and Sargeant Voigt aaid that that would noE be"up to him,
Later at about 4:00 A,M. Sargeant Voigt checked,ouL the area and ,
found a large quaatity of blood outei3e the Frontier Club on the'
enow. The next avening Sergeant Voigt met the �and membere leaving
the Club and �he mnmbers aaid that tl�ra had been a;big brawl at �
the Club with several injurnd, Ha chacked with othere to veriPy
the fight had occurnd. Mayor Nee aksed iP ttiere,wae any,indication
that thA bearar of the Lalse ID card had purchaead liquor. "�Sargeant
Voigt eaid that there wae a glaes full to the top o! mix'end't1iaL ha
could amell ao alcohol in the,glsas. 'Councilman 9herid�g„askad'if tha
Police had baen cnlled about tha fight, and 3ergeant"ooigt said "no."
Councilman Wright aeked iP 9argeant Voigt'had,aetablished 811is's
true age. SergeanE Voigt said "qas," but he couldu't recail �ahat
it wae. Mayor Nen read from the complaint that ttie date pE biith was
March 27, 1946. Mr, Martell asked if ihe girle,claimad thb�Vodka bottle
had been leEt thera, and Sergeant Voigt'said $hat thep had:, Mr. Martell
asked if there wae anything to veriEy ahat they�had said;'' Sergeant,. �
Voigt said "no." Mr. Martell aeked if Sergeaat Voigt amnlled alcohol �
in either glass, or on their breath, and Sergeant Voigt,said�"no."
Mr. Martell asked if the Police�had noticed how a faw drope;oE blood
can epread on the anoW, and Sargaant Voigt said "yee.^ `It had appearcd
to be congealed blood. Mr, Martall'asked when thn fight;happaned and
Sergeent Voigt said that it vae suppoaed to have happewd about 12:30
A.M. Mr. Martell aeked if the Police hed heerd"at Yaverns ol,people
Eighting outaida and then eameone comea in and says;a Eight 6ae
occurred, Sergeant Voigt eaid yao that happnne. Mr. Martsll eaid,
"did you kanw that etie managament knaa of tha fighta.° ,Sergeaat Voigt
said, "yes, witneesea saw fight 3n the�Club.^ Itartall aelosd�3ergeant
Voigt to deecribe Sllia. 3ergeant Voigt eaid that he rras about 130,-
140 lba. ana about S'6" in height; light brown sami-Bmatle dair cut.
Mr. Martell asked vhat the draft card description was.,,'3ergeant Voigt
said it wae abont 5'9" and 180 lba. MarEell asked iE 3nrgeaat Voigt
could tell a men's Weight rrhen he waa wearing an overooat.' Sergeant
Voigt eaid that the mas� aaa obviouelq aot,larga, aertaialy aot 180 lbs.
Mr, Martell asked if 3ergeant Voigt wae not safiafied with ths detaile
of the fight and Sergaant Voigt stated that he wasystill tnv�estigaiing
and uants to talk to maveral mon,people. Mr, Maciall aeked if the
Police had chseked the purees oE ttx girle. 3argeartt Voigt-said that
Sergeant Cook took care of that., Tha City Attornsy, aLated thet !he
fight had been talked about, and later lnarnbd about;;and wondered whan
the fight occurred in relation to findiqg ttie felsa ID: `'.3ergeaat I
Voigt eaid that'it occurred aPtar'finding'the false�ID.'+Mr. Martall I
aslced what 3ergeanE Yoigt knex about t�r.' Phil�.ipa. SergaanY ,Voigt �
knew him by eight and �sed him to be about 25 yeara of„aga. Mariell
aaked if he claimad to be in tha 'Frontinr Clubr'�3argeagt'Voigk taid
he had talked Eo him in the Club.� MerY.ell a�ked,if�ha�'poiated out "
the girle, and 8erga�nt Voigt eaid Lhat he had'said tha£ iLere viere
minors in Lhe C1nD. Councilman'Wright aeload iP'�anqona talked to had
eaid a fight took place outaide. Sergeant Voigt said all,'peopl'a
talked to aaid the fight took place inside: " Martell asksd"S�geani,
Cook if tha girla were in tf�e car and Sergeant Cook'�aid',qee the'q Wste.
��
Martell aekad vhntMr,or not thera waa a procedure Wherebq Sergeant
Cmok che,cksd,t6sir po�aeesioaa. Sergeaat Cook aaid that they did
not search.their coats or clothing, but the girle laid out tM contents
of their pµsaes oa the,saai of tha Police Car. Martsll asked if the
girla might,have had falae ID's in Eheir coat pockets. Sergeant Cook
s�id it�was potsi,bla. Mayqr Nes aekad Sergeant Cook if he wae eatiafied
,that,thay,�asre 19 and,20 ae,they atated, and Sergaant Cook said "yee."
� APPEABANCB BBFO�S CODNCIL - C9IBF MeCASTEiY:
� Chie� MCCarthy ihea appeared bnfore tire Council and atated that he
, kne�r pqthiag,,,persoifally abouL tt�e matter, bacauee he had not been at
the,acene'. ,Ttm police DapartmeaL keaps a file on all 3.2 bunineasee
`�in tha Citiy. Not all oP the maLtsie in the file are complainta, aome
are�just log entries bq the Patrgl. �They have kapt,a Pila on Lhe
Frontier�'-Club aince�May,13, 1962, beEor� preeenL owaera. He believea
thai this 1964,-,1965 licanse ia the prfsent owner's eecond. Ha
stated that there qera 9 calls in 1964 and 3,in 1965 to the Frontier
Club. �fayor Nee stated the,Couacil read them at the meeting on
February 10,, 1965 aad aeked if Merteli wanted the complainte read.
Mr. Mertell said that he could look at tha list, but the City Attorney
adiveed that,�perhape tAe Chis� shoald�read iha liet,,ao the Chief read
the,liat startiag,�iiith December �.,1963. Mr. Martell atated that on
Sergeant Voigt!s;report, typed,out,'in caps ie a statament, "AT NO TIM¢
CALI8D,�1+0 HSP08T A,FIGtIT." Ne aa1ced'the Chief if the Chief had talked
to Pov�i,L�zki about,�rocedurea. ,He atated that it was not hia duty to
do so.,buC�tia has talked to them., kJartell asked, "has the Frontier
Club ealled abouE troubles and fighte?" The bhief said that thny had.
Martell aeked iP the Chief had ahown the Council the other files lcept
on 3.2 businesess. The Chinf� aaid that he had not, Mr. Martell then
atatnd the �ouacil hae ao comparLsoa'to`make with the Frontirer Club
and the other busine'saea,' ChieE sLatsd Chat it ie up to hia audgment
whethar,or,�not the,Eile ia bad enough to ahow to the Council. Councilmen
Wright stated"�h�t the Council has seen filea on other comparable
operati'ons.,'�,�M�qor4,Nen�etated �the Council could look at othera but it
eeema it, ie not nlevant at thie point. Martell etated that it could
be that,Teiry's vould have eix camplainte and tlie Frontier eight entriee,
ao ttie,Frontier Club vould be 2 e'ntrisa ahead. Mayor Nee aeked if it
was releven,t to the matter at hand'. The City Attorney stated thet aince
it waer�,Faiiedei� Would be fair iE Martell deaires so. The point has
been wall''�a�,end wouldn't want Mr. Martell cut oEf. Mayor Nee eaid he
�didn't iaten� to cut;h'i�m�off`. Martell atated that iF the file is weighey
for Co�inei�T�'h� waats i,o SQ into it,� Yf' not he doean'i. Mayor Nee,
CouneLlmaa,Sheridan,�Couneilman,Wright eaid that at tt�a meeting on
Febrvary',10,, 1965 ths ,r's'visx oE tlr Fabcuarq 6,,1965 Polica Complaint
Bepocts�,;had';aydiahated their action �o suepend. Martal� aeked if tha
Ch�.e! reealled tlut �he';�Martall) � and, ttie Povlitski'�s had been in to
talk to�him'. °�hinf aai'd he didn'`t recall. Mastell eaid in late March
1964, and;�,the Chisf said posaibly.` Martell sGaiad that they had
discuse4d gstting money'to ttie bank,'cloeing hours, and other mattera
relstive io,the tavera buaineas. He atated ttiat it eppeared from the
list, rasd' tiq the Chiaf thet tiinre raare ;leea calla to Lhe Police from
'tha ontiaidsri snd,aiord�'trom thn licanfiee. The Chief atated that when
ha mantion,ad tlie"fight'��to ttie licenaee �that ihey had� aaid that they
didn'L'waat to call Etie police becauee it would go on tlie record againat
tham at liceneing tima. Mayor Hae stated tliat a memo from the Chiaf
to the City Manager had mentionad'the name oE Richard Donlin, a business
mati,�ae having kuovledge of the fight, and asked if Mr. Donlin �ould
relatn ;fide�`�acta� ae' he saw, them.
il, J��� � ' . .
APPBARAIIICE SSF�$ �CODNCIL - BICNABD. DONLIN: �'
Mr. Donlin then appearnd befora thn Council end stated that ha errivad
about�11:30 P.M.',tp'join'hi6 wife and.another couple at the Frontier
� Club. �By qbout,12:30 A.M: ,tihere had been a few minor aculflea broken
up and stoppsd. ,Tlis baad lead"er had mantioned,ttiat any more fighte
and ihe ,placa, would be cloaed, i` ltio or threa pe.ople begen to fight
c� f)
then at about 12:30 A.M. and it grew to ba'a fight innolving 12 to
15 paople. The numbar of ineleee were auch that Mr. Donlin goE his'
wiPe and the other couple out of the Frontiat Club. He eLatred'ihat
ha knew that blood vas apilled, tablee overturned, man toased over
the bas and on lnaving ha eaw bne man xith hia ehirt torn off, vho "
seemed to be badly hurt. Councilman Wright aeka8'iP'Mr. Donlin hed
saen a Pight in a bar before and Mr. Donlin said yna he had. Council-
mAn Wright aeked how did thia Pight compare to others that he had
saen. Mr. Donlin atatad Chat it wae atypi¢al; quiEa a brawl.' tla �
had eaver witneeasd anything like it. Councilman Wright ssked if �
there was any evideaca of taeapona,' knives'ete:,`and Mr.',Donlin reid'` �
he saw ao weapona. Councilman Wright asked 1E ihera vae'any tight
outside, and Mr. Donlin eaid that the Management Was trying'to get .
everyone ouCeiBa to get the fightere outside. MartelP asked how
long the fight lasted and Mr. Don�in etated that it'star�a'd',around
12:30 A,M, a�S1� he left at �2:45 A.M. Friands told him ttinE�"after
he left some ppople fought outieide the building. �"Mar�e�i�aekad if''
perhape aome oP the 15 involved �wara trying Lo'br�lak it'up: 'Mr,'
Donlin aaid, "I wuld gueaa eo." 'Ma'rtell eaid'ths'band 9tqppad' '
playing. Management, others tryiqg to etop the'fight?' Mt. Donlin '
said it was hard to Cell. �Councilman &irkham aebnd if the Eigh� got
out of hand, and Mr, Donlin eaid'I'�would'think',ep; 'Mayor Nea 'ased '
iE Mr. Donlin had volunterred to give the testiaonq, and Mrt.�Donlin
said that he had. Mr. Martell aekad if"Mr. Donlitt had'baen there
befo�+a and Mr. Donlin eaid qes about a qear�ago'and about 2 weeka
ago. Mayor Nee aeked iC he had any doubte that somn oi tha paople
wera under age, and'Mr. Donlin sai,d'he did nQt know aaything'of"tdat
aituation. ' ' � '�
Mayor Nee atated that the Council would haar tM 1Lcanee�Q, ot�Mr:
Martell if ha wished to preaent their esae.' Mr. Martell',atatad
that the Council had all ttie facta that'they icitnndad tb baae their
caea upon. The Chief then atat4d that on the 65-2-28,"c�pl8int, the
nature oC the complaint ia aeeualt and minor conaumption: Tha
Johnson listad on the complaint refueed to giva phoae'''nunbatt,,and'' _
called at 1Os00 P.M., and he wanted t'o aign complainta,`'agaiubt
owner for aesaali. Wanted not to siga`complaintai a$ tha�Fridleq
Police DepartmenC, eaid Lhat he had heard Ctiat�tha°,Chief'`had bemn �
paid g500.00 not to "hit" Club aa allegad by'Mana�er lit,ovgihaard.
In fairnaae to Mr. Povlitzki, tha ChiaF eaid that the eW�lainanC
gave Palse nama and addrese, but�thn',ChieP �rants a11RgYLiona eto�ped.
Alao, another pereon heard bariende� aay that"�he`�;Fro�ti�b�.closad "''
at 1:00 A.M, on Naw Yeara Sve becausa tha M6na�LLm�nt"`od�pltla!t;'pay the
Chief Che f300,00 to� etay open, "as �reqnl�stad.; "`Ifia�qor NAS` asksil !hd",
ChieE if he deniad the allagatione. The' Chis! eaid,�,"abeo ut6Tq.'", '
Mayor Nee eaid is t�ie relevant, and City Aitoraey'Smith,�aLd�'liiat
the Chief ia eensitive toward it and it could.bs cbgaide=ed'on thie
basis •ince it hae bsan brought up. Mayor Nea aekad Mr.;Ppvlitski if
he carad to co�oment. Mr. Hartell eaid` tp Mr. Povl�it�ski ","Diek� tli�d '
you aver saq thai � you had paid the' ChiaP?" Mr. � PovY�itski'�; aaid �'�o','„
Martell: "Nave;qou avec paid the Chief7"' Povli�iskL: �'R�Q'." �TMr: '
Martell apologisad to Chiaf'McCarthy for having to,ask'tha qusations.
Mayor Nee asked the licenaea, Mre: Marlene Povlitaki, for°the namea
of the help at Ehe Frontier Club. Mra. Povlitzki said that'Lloqd �
Moetrom and Ordean Wahl had been wit,h hei'�for over�a [imriod oE monthe.
Councilman Wright aaked the nama of tha perao6 reEarrad to ae a
Aouncer. � Mre. Povlitaki aaid that her hn,sband rras' tLe 'botu►csr axaept
on cover charge night whan thay needed'a doormap:' 3ha �taled'that
his name ia Donald Livgaard. Mr. Povlitaki etatad that they had an
off duty policamon on dntq ae a doorman,at tha Club, but;thaE tha -
ChieP had made him quit. Mayoi' NCe stated ios'felb-the�lama'mat6s'ial
was beEore the Council as they,had at tl� 3pecial Mesting oR,February
10, 1965. Martell seid thati� the City Attorney`;ca�'appreaia`L;p, h�s' ��
aituation, that he came here tmight ,not knos�ing 'rea'soha, Eoc auspenaion.
Ha dceen't knori that the facts` tihat �t�e licehaee Rrould'hAVa voulc� �
be material. Mayor Nee, do ttieq admiC'iightal' I�fartell,sl hAvea't��
talked to the Povlitaki'e. If�I could have a!ev'minutea to talk
Eo them I would appreciate it,
�r
, ,„
M6&TLNG R8CBS3SD.
�a .
Maqor Nae dsclared the meating receeeed aC 4;10 P,M.
MBSTII9G ' BBCONVSNHD:
, , � �
Mayor 17aa recomsaed the meeting at'9:32 P,M. Councilman Kirkham had
laft Lhe meetLhg duriag tha recees. Mra. Marlene Povlitzki the �iceneee
stated that a fight did atart betWean two men, that there Was a large
�' crowd at tha Club, that she and the t�ao bartendere had gone immediately
to fihe fight, that people had jumped up eo that saverel tablea got
knocked�ovsr,'and tha glaseware on the tables wae 6rokgn. The two
bartendnra w�are trying io put tha two men out o! ths Club through the
awinging door;and tdat one fell, he wae picked up end put out. She
stated that Lha fighE lasted about S miautes. and that she stopped the
band playing�iand cloasd t�e Club. Oae mea got a bloody noee and one a
cut over the sye. The fight occurred jast before 1:00 A.M. Mayor Nee
eaknd i! thera had besn ecufPlea. Mrs. Povlitzki ■aid yes, but they
had bean etopped right away, and that ahe felt that there was no need
to call the Police. She aleo atated that she had told the ChieE that
eha didn't rrant to call the Poliae becauea it might hurt the record oE
the Ciub. This Club ia her whole livelihood and that ehe couldn't afford
to loee tha licenee. She will go to Country Music inatead oP Rock and
&oll soon end gat aa older clientele. Councilman Wright aeked her why
she would d'o thia. Mrs. Povlitzki eaid that she was aC the Club all oF
the time iC wae open and that two qeara oi $ock and &oll is very difEicult
to stand. Mayor'Alea naked if thare.had been trouble prior to tha big
fighi durin$ tha aveniag. Mra. Povlitzki said yea but minor, that her
husband had ajacted os�e man, probably thn one who complained, that thia
maa had come back laet '1lueeday and wae not permitted to stay. She
stated that she wsnted to apologiae to ChieE McCarthy because atie knows
that har hueband didn't say anything a¢out bribary and that thay respect
Chief MeCarthy and they are sorry t6e matter came up. Councilman Wrigh[
�" asked�iP Mr. YovliLaki vere an employee.of tha Club and Mra. Povlitaki
eaid thet qoti could saq he wae, that he's e bartender and checke the
dooi and dose other odd joba. Councilman Wright said that this didn't
check vith ao� oE the atatementa alleging that he waen't an employee.
Was that true? Mr. Polvitzki said no that he vea an employea, and that
he had not mada the allaged statemants. Councilman Wright stated that
tha lieenaee was kind of in a bind in that if ttre Police were called
it could hnri obtaining rennwal of the licease end if tha Police weren't
called a cuatomar could get hurt: Mre. Povlitzki atated that most
ecuffles wese such that ahe or hnr hueband could stop tliem before thay
becama a Pight. Martell etated that he would like to make a few cloeing
remarks. Maqor Nea told him to do it nor+.
CI.03ING 8ffiUASR3 - MARTSLL:
Mr. Martell statad that laoking at one side of an incomplete question
ha eould tlea why the Council would act ae the Council had acted on
February 10, 1965. Re pointad out that aome oE the 9 complainta in
kha contact lile were not thn faulti of the Club, that a motorcycla had
hit a panel in the lront oE the Club which had reaulted in a Polica
call, and that also a party wanting admittanca efter hours had also
resulted in a Polica call. Ne etated thet the statemente by Sergeant
Cook and 3ergeent Voigt about the age of the girle vould not be admiseible
ae evidence in coutt. Maqor Nae stated perhapa Mr. Martell mieundarstood;
that ha believee action in the first instance +rould be against the minora
j� not againaE the licenaee. Martell aaid that he conetrued the opening
� remarke that at aome future time it would be neeeasary to revoke because
' of eoma�future coaniction. }le said thet regerdlesa of inechanics nf the
mandatory isvocation the mattar haan't been heard in a court room or
eatablished in the court room. He aaked the Couacil what was to be done
about the Povlitski'e if nothing ie evar establiehad in the court room.
He etated that it is not suspension�and than mandatory revocation and
that tha City Attorney had aleo eaid that thia ia an extraordinary
remedq, and Mr. Mactell queetiona the right to en indePinite auapeneipn.
Hn •tatad that thie amounta to a revocation. He atated that he Pelt
that tha licnnee ehould be re-instated until it ia proved thaC there
ahould be a mendatorp revocation, aad that he'a alao not eonvinced
that thare orould be a need Eor a mandatory revocation. Mr. Martell
aaid that in all fairneea L6e euapenaion action ehould be raecinded.
Mayor Nae stated that ha hoped tlu t he didtt't mislead Mr. Mertell in
��
that what he said about mandatory revocation ia a poeition oE the Council.
He stated that he faels that it's not typical that a bu8ineee run in a
normal £ashion has a series oE £ighta. Ha said that ha did not know
what the individual Councilmen felt about thair decision.,, Councilman
Wright stated that Mr. Martell seemed to imply that the Council ahould
not heve the right to auspend. Martell aafd that ha ia argning on the
premise that the 3tate Law requirea notice and hearing for suapeneion.
Councilman Wright atated that iC's his opinion, ae a Councilman, that
nimply having ahowrt a piece-of paper that he`a 21 to•Lhe„Managamant
dcea not relieve the Menagement of responeibility not to aerve a minor,
even if he has shown them a piece oP paper. Meyor Nae etated that he
has the senae that there ia an unusual amount of disord¢r'at this par-
ticular place, Ha's had considarable experience on the,licaneing eide
of this situation. Councilman Wright etated that he fesls ttiat �.t ia
up to the Council to dacida what kind of placea tha people want'„in
Fridley, Councilman Sheridan etated that he has selati:vee in thia
type of businase and he also feals that it ia tlfe teaponsibility of
the owner conaerning the earving of minora. .
MEETING RECES9fiD:
Mayar Nee declared a recese at 10:07 P.M,
Mayor Nee reconvened the meating at 10:20 P.M, and etated that the
Council had wanCed the City Attornay's evaluation o2 the pointa mads
by the Attorney for the licensee. ,
, �� ��
Councilman Wright eCated that, based upon fact8��preeentad�aL this Special
Council Meeting of February 11, 1965, ha moved to cetifq,end confirm the
action oP the 3pecial Meeting of Wadneaday, February 10, 1965 but amend-
ing that action to read "through Sunday, February 28� 1965.'! Motion wae
aeconded by CouncilmAn Sheridan, Upon a voice vote, there being no naye,
Mayor Nee declared Che motion carried. �
ADSOURNMENT:
There befng no furthar buainess, Mayor Nea declared the�meet�.ng adjourned
at 10:22 P.M, �, �i, .�
Respectfully aubmitted:
&arl P. Wagner
Acting Secretary to the Council
rt��
wiiiiam J, xee r��
Mayor
����.,
COUNCIL SPECIAL M�iGTING - FSBRUARY 10,,1965
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Mayor Nee etated that upon anewering the�roll call the CouncLlman would
be acknowledging waiver of the 12 hour written,aotica of Lha,Special
Meeting. . � ,,
ROLL CnLL: '
Members Present: Nee, Rirkham, Sheridan, Thompaon, Wright
Membera Absent: None
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