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05/01/1967 - 00020942THC MINiJTES OF THE REGIILAR COUNCIL MEETING OF MAY 1, 1967 The Regular Council Meeting of the Crty of Fridley was called to order by Mayor Kirkham at 8;04 P,M. OPENING CEREMONY• Mayor Kirkham asked that the audience stand and �ozn in saying the Pledge of dllegiance to the F1ag. ROLL CALZ MEMBERS PRESENT: Rirkham, Harris, Sheridan, Samuelson, Liebl MEMBERS ABSP�NT: None APPROVAL OF MINIITES, REGULAR COUNCIL MEETING OF APRIL 17, 1967: MOTION by Councilman Harris to adopt the Minutesof the Regular Council yfeeting of April 17, 1967 as submitted. Seconded by Councilman Samuelson. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ADOPTiON OE AGENDA: MOTION by Councilman Samuelson to adopt the agenda as submitted. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, PUBLIC fIEARING ON IMPROVEM}'sNT STORM SEWER ikSC (ADDENDUM ikl) : � The City Manager read the Notice of Hearing. Mayor Kirkham asked the City Engineer to explain this pro�ect. The City Engineer said that in 1962 apartment houses were built in this area with walkout basements. He said that parking was to be at the back because of the parking ordinance, but there was no storm sewer at that time. He explazned that this pro�ect will extend the storm sewer back into the low area behind the houses and apartments and drain the area so that the residents can park in the back. Mayor Kirkham asked if there was anyone present in the audience for or against this pro�ect, No one raised their hand. Councilman Lieb1 pointed out that the cost of this pro�ect wi11 be in addition to the other storm sewer cost and said that he was distsrbed that the people were not at the Council Meeting, as this was their money being spent. He asked the City Manager if the people received notices. The City Manager said that they had been mailed out. Councilman Samuelson said that he thought the Council hoped to bring the cost to everyone in at the $3.05 level. The Finance Director said that this assessment roll has been made up in addition to the other cost, but if the Council wants to add this to the overall area it can be done. He said this would mean about a 3p per square foot addition if added to the west side of University. Councilman Samuelson said that this was his understanding, otherwise he would feel the Council was breaking a precedent. Mayor Kirkham asked if this area was surrounded entirely by Pro�ect 5. The Finance Director 1 , , REGULAR COUNCIL MEETTNG, MAY 1, 1967 PAGE 2 said that it was. Councilman Sheridan said Lhat the $3.05 top figure has been for street drainage, and this pro�ect is for a pocket in the back of � the lots, and not of any benefit to any other part of the District, He said that he felt the cost was high, and as there were no representatives present, he suggested postponing it at this time. He said that i� the Council is to go through with the pro�ect, he thought including it in the whole pro�ect Would set a precedent on p�rckets or holes in the drainage district, and the City would be obligated to go back and pick up water holes. Councilman Harris said he would agree with this, out Iaw did not feel that the pro�ect could be forgotten, as the problem wi11 be magnified when curbs and gutters go in. Mayor Kirkham said he felt this had a direct be��:ing on the whole pro�ect. The City Engineer said that up to now the policy has been not to pick up back yard drainage. Councilman Harris he would suggest Councilman Liebl how they feel. said that as no one is here for or against the pro�ect, they close the hearing and take the matter under advisement. said he would like a chance to talk to the people and see MOTION by Councilman Lieb1 that the Public Hearing for Storm Sewer �kSC (Addendum �F1) be continued until the Regular Council Meeting of May 15, 1967, Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PUBLIC HEARING ON A REQUEST POR A SPECIAL USE PEAMIT - TWO FAMILY DWLLLING IN R-1 DISTRICT, SEVERIN & ELEANOR CHMIELEWSKI: � The City Manager read the Notice of Hearing. The City Engineer handed out maps of the proposed location. Mayor Kirkham asked if the involved parties were present. There was no answer. The City Engineer said that everything is built up in this area except an o1d partial basement that has been there for years. Mayor Kirkham said he felt this amounts to spot zoning and that to change the zoning on this would be contrary to what the Council is trying to do throughout the City. Mayor Kirkham said that hearing no other interested parties, the hearing was closed at 8:19 P.M. CONSIDERATION OF POLICE COMMISSION AEPORT OF NOVEMBER, 1966: Mayor Kirkham drew the Council's attention to six letters in the back of the agenda relating to this matter. MOTION by Councilman Harris to receive the commun�cations from Mr. Marvin W. Smith, 6$O1 Oakley Street Northeast; Mr. Walter Miller, Electro Cote Company; Mr. Kenneth M. Holmes, Minnesota Linseed Oi1 Company, Mr. Harry Hemdrickson, Fullerton Metals Company; Mr. John F. Haines, Unity Hospital, and S. W. Carlson, Park Construction Company. Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Lieb1 said that since he had asked that this matter be on the agenda, � he would like to read the following letter from the agenda which he had addressed to the Council: REGULAR COUNCIL MEETING, MAY 1, 1967 Honorable Mayor Memhers of the City Council Fridley, Minnesota Gentlemen: PAGE 3 This Council has been accused of ignoring a recommendation by the Police Civil Service Commission concermng certain irregularities within the Fridley Police Department. These charges have been ignored by this body too long and iP we are to retain any degree of confidence of our citizens and City Commissions, the time has come for us to either follow our Police Civil Service Commission's recommendation or throw it out publicly to squelch this accusation once and for all. Each of us received a copy of the Police Civil Service Commission�s facts and suggestions and I propose that this be acted upon at once. Frank G. Liebl, Councilman 3rd Ward Mayor Kirkham said that he would like to recognize Mr. Sohn JohnsL-on, Chairman of the Po1ice Commission. Mr. Johnston read from the following prepared statement; t_ i "Mr. Mayor, Councilmen and Ladies and Gentlemen of this audience, first let me make one thing very clear -- no one in this city regrets the manner in which this issue has heen made public more deeply than the Police Commission. We, as idividuals and a group, had no know- ledge that this was going to happen until a few minutes before it ' occurred, and ai that point we tried by every means at our disposal to stop it but to no �vail, as we did not feel such adverse publicity would solve our problem. Another statement we wish to make is that we have at no time in the past or present indicated that our Police Department as a whole is not made up of the finest body of inen both individually and collectively that could be gathered into one police department. We believe in fact that were it not for the individual dedication of these men and their loyalty to the city, that we would be in worse shape than we are at present. This Commission's mistake was in acting on a request by our Mayor, Mr. Jack Kirkham, to look into a matter of a TV set missing from our Police Department. This body gave this their full and impartial attention and a first preliminary report was made to the mayor at a meeting at Councilman Samuelson's home in early August, 1966. It was decided by those present that the complaint was justified and that a complete investigation should be made and the report and our recommen- dations Ue given to the council at the earliest possible time. Mrs. Edith Evans and I then undertook this task. We decided not to give our completed report to the council until after the November election to keep this issue from becoming a"polrtical football°. At a meeting with the council in late November, 1966, we gave a complete , written and verbal report to all members of the 1966 Gouncil and Councilman-elect Prank Liebl, as well as recommendations for correcting the problems within our police department. We stressed at that time that, in our opinion, an act of moral misconduct had been committed by the head of the police department in removing a piece of property (entrusted to his care) from the department, and regardless of his stated reason there is no provision in the state statutes authorizing REGULAR COUNCIL MEETING, MAY 1, 1967 PAGE 4 any officer to borrow, take, remove or otherwise divert to his personal use for any reason, any property turned into (or recovered � by) the Police Department. The Chief gave this commission his reason for doing this and being human, we accepted his story until another piece of evidence cropped up, a sworn deposition given by Chief McCarthy to the Hartford Insurance Company, that refuted the story given by him to this commission (and since given to a local newspaper by hlm.) � � It was and is our opinion that Chief McCarthy gave this commission one story and an insurance company another. It is therefore our opinion that for some reason either the statement given this commission or the deposition given the Hartford agent is untrue and is a basis for our feeling of wrongdoing on his part. This commission has asked our city attorney verbally and in writing to obtain by subpoena a copy of this Hartford affa�3avit for our files and he has informed us that our power of subpoena applies oaly to a hearing as provided by law, but that you, the council, may now do so. We ask that this document be added to the file at the earliest date as it is in fact the basis for our original decision of misconduct. This commission has been advised hy the city attorney and the city pxosecutor that there is no 1ega1 charge that can be brought against Mz. McCarthy and we, the commission, have had to take their word iox this. Therefore, we see no reason for presenting our report to the county attorney unless it is for the purpose of whitewashing our city�s "dirty linen". This commission realizes its error in complying with the mayor`s request for this investigation, as we have placed ourselves in the position of being unable to act upon and �udge this case on its merits and must therefore ask the council for a solution. We did, however, act in good faith and state emphatically that we be7ieve a moral wrong was committed, that our police force is divided into "factions" because of poor leadership, that there has been no organized trairnng program within the department s�nce 19G1, and that the only way this problem can be solved and the citizens of this community be given the kind of police department for which they pay over $200,000 annually, is to re-organize the department along the 7.ines recommended by the commmssion with a neutral civilian head to repair the men's moral and instill a group feeling within rather than the disorganazation we now ieel exists. It is our belief, since this is strictly an internal matter, that this council should accept its responsibilitaes and act in the best interest of our city and our police department at once. FRTDLEY POLICE C NIL SERVICE COMMISSION OF -1966 Ed1th Evans, Chairman Wilbur Whitmore J. W. Johnston Mayor Kirkham said he had a lettex whi�.h had been delivered to him by a representative of the Police Department, who said it was composed by the Policemen at a meeting attended by 100% of the Policemen and agreed to by a11. Mayor Kirkham read the following letter: REGULAR COUNCIL MEETING, MAY 1, 1967 To Whom it may concern; PAGE 5 Because certain individuals have made various allegations to the � City Council and the press concerning the morale and efficiency of the police department, we wish to express our feelings relative to these charges. Although there was a morale problem at one time which was linked with wages and a frustrating lack of communication, we feel that the present council has remedied this situation and together with and through the Police Commission and the Chief of Police there is now full opportunity to deal with our mutual problems. Morale has improved. As with any organization there will continue to be some problems, but it is doubtful that having them alred by the press serves any good purpose. Indeed newsprint lends credence to any statement, and public coafi3ence and police morale can only suffer. We feel that the City Council, the Police Commission, and the Chief of Police are acting with the best interest of the community in mind, and wish to indicate our support of their efforts to give Pridley the best law-enfarcement available. Sincerely yours, The Policemen Fridley Police Department MOTION by Councilman Samuelson to receive the letter from the Policemen of the Pridley Police Department. Seconded by Councilman Harris. Upon a � voice vote, there being no nays, Mayor Rirkham declared the motion carried. Mayor Kirkham made the following statement regarding the Police Department; "The communication from the Fridley Police Civil Service Cammission has not previously been officially received by the City Council. The Council has discussed the content of the communication with the Commission on at least two occasions. At the first discussion, it was decided by the members of the Council and the members of the Pollce Commission that it would be in the best interest of the City and the Police Department to treat this communication as confi- dential. This action was taken so as to avoid the excessive publicity that in the opinion of both the Council and the Commission would be detrimental to the City and the Police Department. Inasmuch as copies of this communication have been made public, it is my recommendation that the report, which I orginally requested of the Police Commission, be officially received at this time. In reference to that portion of the report dealing with a certain televisio� set, it is my opinion that at most the Chief of Police used poor �udgment in removing the set from the City Hall. However to make certain that no more serious act was committed, it is my recommendation that a copy of this report together with any supporting , material in the possession of the Commission be turned over to the County Attorney for his review and comment. The Fridley Police Department has grown rapidly in the past few years, and as with other departments of the City there may we11 be room for improvement. The report of the Police Commission contains suggestions REGULAR COUNCIL MEETING MINUTES, MAY 1, 1967 PAGE 6 as to the administration and organization of the Police Department, Some of these suggestions appear to have merit, and I wish to thank � the Police Commission for the many hours that they put into the preparation of this report. Since the receipt of these recommendations, I have met with the members of the Police Commission on several occasions to consult with them regarding the implementation of some of their recommendations. A number of the recommendations have been implemented. To be more speci£ic, the rate of pay and pay shcedule has been substan- tially ad�usted. The administration has at the request of the Council intensified the training program and an ordinance, to be specific Ordinance No. 352, has been passed regulating the disposal of stolen and unclaimed articles. Thus, in my opinion, the suggestion that the Council has not acted upon these suggestions is untrue. The above actions seem to have resu�lted in an improvement in the morale of the members of the Police Depaxtment. While it may be true that some reorganization of the Police Department is advisable, I do not feel that the Council has sufficient knowledge and experience in police administration to make this determination. Therefore, it is my recommendation to the Council that an outside consultant in the field of Police Administration be ratained to study and make recommendations regarding the organization and administration of the Police Department. This approach is consistent with the approach used by the Council in revising the insurance program and would Ue in the best interests of the City of Fridley and the Police Department. In order to avoid any doubt as to the areas of authority and responsiblil-y � regarding the Police Department, I would li�.e the Council to direct the City Attorney to prepare a statement of the respective responsibilities of the City Council, the Police Civil Service Commission, the City Manager, and the Chief of Police in this area.° Mayor Kirkhazn said�he would entertain a rnotio-n ;�utting his rec�rnmendations into ��=fect. Councilman,iia:r,is caid_he_wou1�1 make a utaotiun cegacding the four points in Mayai Kirkham's stat�menti the first thnea by �esoluti��u� amd the fourth a motion. RESOLUTION iF81-1967 RECEIVING THE FAITDLGY POLICE CIVIL S�RVIC� COMMISSION REPORT, RESOLUTION ik82-1967 THAT A COPY OF THIS REPORT TOGETHER WITH ANY SUPPORTING MATERIAL IN THE POSSESSION OF T1IE COMMISSI6N BE TURNED OVER TO THE COIINTY ATTOI2NEY FOR HIS REVIEW AND COMNff;NT, RESOZIITION ��83-1967 THAT AN OUTSIDE CONST]LTANT IN THE FIELD OF POLICE ADMINISTRATION BE RETAINED TO STU1 MOTION by Councilman Harris to adopt Resolution �k81-1967, �k82-1967, and �F83-1967, and to direct the City Attorney to prepare a statement of the respective responsibilities of the City Council, the Po1ice Civi1 Service Commission, the City Manager and the Chief of Police in this area. Seconded by Councalman Samuelson. � Councilman Lieb1 said that before he voted on this motion he would like to ask the City Attorney Lf he as�a Councilman or anyone else working in City Hall could take or remove or destroy any prope-rty held in official rustody without having a court order. The City Attorney said he had researched this matter in the criminal code and it is a gross misdemeanor under the �uris- diction of the County Attorney, and for this reaso¢ he had suggested this be REGULAR COUNCIL MEETING, MAY 1, 1967 PAGE 7 referred to the County Attorney for his review and determination. Council- man Liebl said that this did not answer his question. The City Attorney said he felt his comment was applicable and he suggested the Council act � in this manner. Councilman Lieb1 said that there comes a time as a Councilman that you have to make a decision and be counted one way or the other. He said he would make this decision, and read the following statement: Mr. Mayor and fellow Gouncilmen: We are here to discuss the issue that the newspapers heralded in the headline as "Police Report Rocks City Hall". Before we say another word, let me state the following preambleatory posulates; 1) A11 power for the government of the affairs of the City of Fridley - as laid down in Sections 2.01 and 2.02, 3.01, 3.03, 3D4, 3.05 and 6.03 rests in the City Council. 2) The Police Civil Service Commission regulated by MSA 419.01 through 419.18 is and was appointed not by Councilman Frank Liehl but by ordinance by the entire City Council. 3) Under the above cited State Statute and also, under the Fridley Police Civil Service Commission's own rules of procedure, the Commission has authority to make recommendations on the hiring, appointment, promotion and separatimn of police personnel under civil service tenure; but, the ultimate decision, � either on recommendation of the City Manager or without it, rests with the City Council. 4) Since two of the present members of the Fridley Police Civi1 Service Commissron were involved in the investigation�of the irregularities and anomalies discussed in extenso in the Fridley Police Civil Service Cammission's recommendatinn, under Section 2.09 of the City Charter the responsibility to act upon such matters rests with the Council, so that the Commission as it was imputed - will not be investigator, �udge and �ury at the same time in the same case. But act we must, we owa this to the people of the City of Fridley; we have to giv,e adequate police protection to our constituents who elected us. After all, the people of Pridley deserve something more for the $210,�00 spent yearly for police protection. Neither can we, as ostriches sticking our heads into the sand say, that by sweeping an ineffectual and questionable department's affairs under the rug, that we wi11 not tarnish our City�s public image. Now I have come to the meat of what I have risen and taken the floor for. I want us, the Council, to receive the recommendations of the Fridley Police Civil Service Commission, together wrth its appended documentation in the minutes of this meeting, and take proper action. Gentlemen, the chief 1aw enforcement officer of the Grty of Fridley, , the eleventh largest City in the State of Minnesota should provide a shining example to his men and to a11 citizens. Many of our fellow crtizens,and I too, have lost a11 confidence in Mr. McCarthy. I hereby ask for Mr. McCarthy�s voluntary resignation. � � REGULAR COUNCIL MEETING, MAY 1, 1967 Councilman Sheridan said that after voting on these resolutions and the motion, he had a l�_tter h� would like to place into the minutes if acceptable to the Council. UPON a ro11 ca11 vote, Kirkham, Harris, Samuelson, Sheridan voting aye, Lieb1 voting nay, Mayor Kirkham declared the motion carried. PAGE 8 MOTION by Councilman Harris to include in the documents the letter Council- man Sheridan wants entered into the minutes. Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Lieb1 requested that Councilman Sheridan read the letter. Councilman Sheridan said that before he read the letter he would like to say that he had gotten the assumption from Mr. Johnston's ,>tater�ient that at the time the decision was made to investigate this matter, Mr. Sohnston had mentioned members present, but that he was not present at that particular meeting. Mr. Johnston said that this was correct and that the Commission had asked for many meetings with the Council, but to this date the only two who had shown the courtesy to meet with them had been the Mayor and Councilman Liebl. Councilman Sheridan said that this was the first that he had known of that meeting. Councilman Sheridan read 3rd Ward, Dr. John Wright April 27, 1967: Dear Ray, the following letter fromfi7mierCouncilman of the . It was addressed to Councilman Sheridan, dated I am wrrting to you to express my concern over the inaction of the Council on the report of the Police Commission that we received last November. I hope that you wi11 see fit to read this letter at a Council Meeting and make it a matter of record. You wi11 recall that the Council was requested by the Police Commission to meet with them last fa11, preferably after the election, and that we did so in November. Since no minutes were taken at that meeting, and since some of those present now 5ay they cannot even remember such a meeting, I hope it will help clarify the record if I gi_ve an account of the circumstances as I remember them. The meeting was held in secrecy to the extent that no announcement or written agenda was prepared. In attendance were Mr. Whitmore, Mr. ,Tohnston, and Mrs. Evans of the Police Commission. A11 five members of the Council, Lncluding my;t�f, were present. In add7_tion, Mr. Lieb1, 3rd Ward Councilman-elect was present. Neither Chief McCarthy nor Mr, Wagner were invited to the meeting, but Mr. Wagner, who had notified us and help�d set up the meeting and therefore knew about it, was present �ust before the meeting was convened. � Mr. Kirkham asked whether Mr. Wagner should not be asked to leave the meeting, and the members of the Police Commission indicated that they had no preference, as it was up to the Council. Over my ob�ection (and I believe yours) the Council voted to exclude Mr. Wagner from the meeting. In retrospect this seems most unfortunate, since had Mr. Wagner been pQrmitted to remain he would have taken minutes. Also he would have REGULAR COUNCIL MEETING, MAY 1, 1967 PAGE 9 received t�he report of the Police Commiss'ion in both�wiitten and oral form, and hopefully would have been in a position either to take some remedial administrative action, to investigate the matter, or at least to have kept the matter on the agenda until the Council took action. But the Council did not choose to inform their chief administrator that they had received any report from the Police Commission; no copies of the report were made available to Mr. Wagner, Chief McCarthy, or the press; and no official Council action was taken even to acknowledge its existence. Nevertheless, as you we11 recall, there was a report, It was presented in writing to the Council, and was summarized orally and commented upon at length by each member of the Police Commission. It was discussed thoroughly by each member of the Council, including Mr, Lieb1, who as Councilman-elect also recieved a copy. I shall not attempt to summarize what was in that report, since the document speaks for itself and you all have copies, but I would like to remind the Council that we unanimously agreed to look into the chargesy findings, and recommen- dations, and to take prompt remedaal action where appropriate. To my knowledge no significant action has been taken to date. And I must conclude that the fault lies squarely with the Council. The Police Commission clearly did no less than-its duty,�though it may have exercised al1 the authority it had and then some in making its very thorough report. The administration cannot be held responsible in any way for the lack of action, since only the Council knew the contents of the report or even for certain that there was one. I therefore respectfully suggest that Council has neglected its duty and that it take action to resolve the questions raised by the November report of the Police Commission. Sincerely, John C. Wright Mayor Kirkham said that in one respect Mr. Wright was correct when he said that to his knowledge no action had been taken, but the record proves that this is incorrect. MOTION by Councilman Samuelson to receive the letter from John Wright. Seconded by Councilman Liebl. Upon'a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Samuelson said that he has done some research in respect to the Police Department, and he has checked with an organization whose sole purpose is Police Department Adminstration, and he would like to have a resolution that the City Council be authorized to have the International Association of Chiefs of Police, Washington D.C., which is a nationwide consultant service for police administration, review the org'anization and operation of the Fridley Police Department and make recommendations to the Council on any improvements that might be made in the department. RESOLUTION �k84-1967 REGARDING THE REPORT AND RECOMMENDATION OF THE FRIDLEY POLICE CIVIL SERVIC� COMMISSION, AUTHORIZING THE INTERNATIONAL ASSOCTATION OP CHIEI'S OF POLICE OF WASHINGTON, D.C. TO REVIEW AND MAKE RECOMMENDATIONS RELATIVE TO ANY IMPROVEMENTS THAT MIGHT BE MADE IN THE POLICE DEPARTMENT: MOTION by Councilman Samuelson to adopt Resolution d�84-1967 requesting the International Association of Chiefs of Police, Washington D.C., to review � I � � _� 1 � , REGULAR COUNCIL MEETING, MAY 1, 1967 PAGE 10 the Fridley Po1ice Department and make recommendations. Seconded by Councilman Harris. Upon a ro11 ca11 vote, Kirkham, Harris, Samuelson, � Sheridan voting ayey Liebl voting nay, Mayor IZirkham declared the motion carried. Mrs, $dith P�vans pointed out that Chief McCarthy is a member of the organi- zation the Council is proposing to retain for a report. She said that the Council is asking them to investigate one of their own members. Mrs. Evans said she felt the Council should have some outside authority that is strictly unbiased. Mrs. Evans also stated that she wauld like to draw the Council's attention to several things: She said that the City of Fridley is the only City, Village or Jurisdiction that she has known of, where the Chief of Police is under Civil Service. She said the theory of Civll Service is to take the Police Department out of politics, but by having the Chief under Civi1 Service, this is making him answerable to no man. Mrs. Evans said that because the Chief is under Civil Service, they cannot hold the City Manager responsible in any way, because the Council is the ultimate �udge of the Chief's actions, and if the Commission gets no- where with its recommendations, where could the City Manager get. Mayor Kirkham said that in his statement he had put blame on no one, and he had been the one that originally had asked the Police Commission to study the question of the television set, He said that his statement had pointed out that the Council is working on the recommendations of the Police Commission. He said that this is being done openly now that it has been made public with the hopes that the citizens feel that this matter is being taken care of to the best ability of the Council. He said that this is � being turned over to the County Attorney, whose office is there for this purpose, and it wi11 also be turned over to professional evaluators. Mayor Kirkham said that as far as the Police Chief being under Civil Service, that had been done when the Charter had been drawn up, and this is not changed by motion from the Council table, but by due process. Mr. Johnston said that anyone that has ever tried to serve in any public capacity would�probably admit this is the most thankless task that can be undertaken. He said that taking into consideration the way this matter came up, the cooperation that they had from the Council, with the exception of the Mayor and Mr. Liebl, he would like to read a personal statement. He read the following statem�nt: "I would like to clarify my personal feelings in this matter, also, by saying that a copy of our original findings was delivered to each member of this body (except Councilman Sheridan and his was mailed as we found no one home when we attempted to deliver it) before the November meeting; therefore, we know each member received a copy. This Commission has been accused by a member of the Council via the newspaper of in�ecting politics into the investigation in spite of the facts. I am 1ed to believe by the Council's action that they approve of the leadership within our police department in spite of our findings � since they raised Mr. McCarthy's salary substantially January 1, 1967, and have taken no action on our report. It has been reported to me that one Councilman has privately charged me with "grinding az� axe" for Mr. McCarthy in spite of the fact I had never met the chief personally before the Mayor asked us to look into this matter in question. REGULAR COiTNCIL MEETING, MAY 1, 1967 PAGE 11 In view of these clear distortions of fact, and the complete lack of cooperation by the council in solving our mutual problem, I can say categorically that I cannot and will not continue to serve on any body connected with this council and do, hereby, tender my resignation as a member of this commission to become effective immediately. J. W. Johnston Councilman Liebl asked .Ir. ,Tohnston to reconsidex, and asked him if he was absolutely insisting upon this action. Mr. ,Tohnston said that this was correct. Councilman Liebl said he regretted this very much. He said that Mr. Johnston was an honorable man who has done his duty as he was told by the Council. Councilman Liebl thanked Mr. Johnston, Mrs. Evans, and Wilbur Whitmore for the �ob they have done. Mayor Kirkham said that the Council has made a public determination and to continue the discussion would lead to no good. Mr. vanDan, a visitor to the Council Meeting, asked for the floor as he said the people present were at the Council Meeting in regard to this matter. Councilman Lieb1 asked that Mr, vanDan be given three minutes of time. Mr. vanDan said he would like to refer to what the Chairman and ex-Chairman of the Police Civil Service Commission have stated, also the letter read by Mr. Sheridan from Mr. Wright, He said he would also like to refer to the answer by one of the Councilmen to a reporter printed on the front page of the Free Press, and he quoted from the newspaper abouC a Councilman not remembering receiving a report from the Commission about recommendations. He said he knew what the State Stat�s on slander and 1ibe1 entail, and he said that Mr. Harris was a liar. Councilman Harris said he would not degrade himself to answer this, but the following week's edition clarified this statement, and he believed it was sufficient answer for the question. Mrs. Evans again asked that this matter be referred to a neutral body instead of an organization of which Chief McCarthy is a member. Mayor Kirkham said that every organization has an ethics committee, and many organizations take care of their members in this manner, and he felt this was a similar situation. Mayor Kirkham called a recess at 9;01 P.M. The meeting was reconvened at 9:15 P.M. PLANNER SPECIFICATI�NS (TABLED 4/17/67): Councilman Harris said that the basic requirements that he and the City Manager had come up with were 1a.sted in the agenda. He asked Councilman Sheridan if he had had an opportunity to talk to any planners from the surrounding communities. Councllman Sheridan said he had not had the opportun�.ty to, Councilman Harris asked if this were tabled until the meeting of May 15, 1967 would he have the opportunity to do this. Council- man Sheridan said yes. MOTION by Councilman Harris to receive the documents on planner specifications and have this item placed on the ageada at the regular Council Meeting of May 15, 1967. Seconded by Councilman Samuelson. Councilman Hairis said that if any of the Councilmen have any additions or corrections they could get them in before the 15th meeting. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. I I �J � ' I u REGULAR COUNCIL MEETING, MAY 1, 1967 REPORT FROM F,H.R,A. (TABLED 4/17/67): PAGE 12 � MOTION by Councilman Harris to receive the report from the F.H.R.A. and that a breakdown of the Final Audit be given to the press so that the public knows how the funds were disbursed. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mayor Kirkham invited the press to avail themselves of the report. ERICKSON PETROLEUM - 58TH STREET STATION (TABLED 4/17/67): Councilman Sheridan said that he had gone out and reviewed this alley and he could not see where the City could abaneion the a11ey, He said that presently the utility poles go down the center of the right-of-way. He said that there is one garage that is served from 4th Street, and from 58th Street going north there are four double bungalows on 4th Street with parking in the rear. He said that the City has this problem on Main Street now and this would be duplicating that problem. Councilman Harris asked if the garages use the a11ey. Councilman Sheridan said that they did not but that some homes have parking areas on the west side of the property which abuts this property, and they must he driving over Erickson property and their neighbor`s property to get in. Hc said that if ttie utility poles were moved to the right or left, the alley could be used. Councilman Harris suggested the City Attorney correspond with the Erickson people and explain that vacating the alley and giving it to them would be in violation of previous Council action. Councilman Samuelson said he thought the previous action of the Council regarding the fence had been quite clear. Councilman � Harris pointed out that the motion had been for Erickson Petroleum Company to negotiate with the other property owners on the east side of the alley. Councilman Harris said he felt they should erect the fence as they had indicated they would. MOTION by Councilman Harris that the Administration correspond with the Erickson Petroleum Corporation indicating that the Council cannot vacate and give them the whole alley� and te11 them that to continue to occupy th�ir structure, this fence will have to go up. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BllILDING STANDARDS - DESIGN CONTROL SIIBCOMMITTEE MEETING MINUTES, APRIL 26, 1967: 1. CONSIDERATION OF SANCTUARY ADDITION TO CHURCH AT 472 OSBORNE ROAD, LOT 2, BLOCK L, OSBORNE MANOR 2ND ADDITION: The Council discussed a 30 foot dedication for street, a planting strip and the exterior of the building. The City Engineer recommended the Coucil have the street dedication before they issue the_permit. He said that they do not plan on paving their parking area right away as they do not have the funds. The Council discussed requiring a five foot planting strip rather than a fence. They discussed whether the east wa11 of the building should be�brick, and Councilman Samuelson suggested that it could be painted to � match the brick. � MOTION by Councilman Harris to approve the plans for the sanctuary addition with the provision that there be a 30 foot street dedication on the east side of the property, that there be a 5 foot planting strip on the west side and south side of the parking lot, and that the east wall be painted to match the brick exterior. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING, MAY 1, 1967 2. FRIDLEY METHODIST CHURCH, 666 MISSISSIPPI STREET NORTHEAST: PAGE 13 The Council discussed the fact that the Council policy should be consistent for a11 Church parking lots. � MOTION by Councilman Sheridan that the Methodist Church parking 1ot have a 5 foot planting strip on the west property line, Seconded by Councilman Samuelson. Upon a voice vote, there be�.ng no nays, Mayor Kirkham declared the motion carried. , 3. CONSIDERATION OF CONSTRUCTION Or TACO RESTAURANT ON LOT 6, BLOCK 2, COMMERCE PARK; The City Manager read the motion of the Board to approve the plans. The City Engineer showed the Council a map of the proposed locatiQn. Councilman Harris said he thought the original intent of the zoning had been for limited retail and thought the upper part of the area was going to be sold as one unit. He said he would like to take a second loo=c at this, because of limited use on the service road. Mayor Kirkham said that the Council cannot act without p1ans. Councilman Sheridan pointed out that the Building Board would be looking at it on May 2, 1967. MOTION by Councilman Samuelson to table the consideration of the construction of a Taco Restaurant. Seconded by Councilman Harris. Upon a voice vote, thete being no nays, Mayor Kirkham declared the motion carried. BOARD OF APPEALS MEETING, APRIL 19, 1967: The City Manager said that because of the new ordinance, the decisions of � the Board of Appeals are now final, except on appeal, so unless there was something specific the Council wished to bring up, their action would be final. 1. PUBLIC HCARING ON A REQUEST FOR A VARIANCE FROM SECTION 45.341 BY WAIVER OF A FRONT SETBACK REQUIREMENT OF 80 FEET TO 55 FEET; A REQUEST FOR A VARIANCE FROM SECTION 45.343 BY WAIVER OF REQUIREMENT OF 54 PARKING SPACES TO 18 PARKING SPACES, A REQUEST FOR A VARIANCE FROM SECTION 45.342 BY WAIVER OF REQIIIREMENT OF A DRIVEWAY TO INTERSECTION OF 75 FEET T3 65 FEET AND A REQUEST FROM SECTION 45.342 BY WAIVER OF REQIIIREMENT OF A 4 FOOT WALK AND A 15 FOOT CURBED STRIP, PER CITY CODE OF FRIDLEY, MINNESOTA l9_63 REVISED DECEMBER 1964 ON LOT 3 BLOCK 1 kTERWAL'S 2ND ADDITION ANOKA COUNTY, MINNESOTA, SAME BEING 6210 HIGHWAY ��65 NORTHEAST, FRIDLEY, MINNESOTA TO PERMIT CONSTRUCTION OF A MORTUARY (GEARHART FIINER4L HOME). REQUEST BY GEORGE L. WALQUIST, 4230 CENTRAL AVENUC NORTHEAST, MINDE&OLIS, MINN „ 55421: The City Engineer pointed out that the Gearhart Funeral Home was requesting four waivers. He stated that this is on an intetsection and said that his feelings were that requirements at intersections should be more stringent than at other places. Councilman Sheridan said that Moore Lake prive wi11 eventually be an intersection with a semaphore with a 60 foot right-of-way and a 44 foot stxeet. He said that he was not in agreement with the Board of AppealS' action as he feels that every other commercial endeavor that is required to have parking spaces as required by the ordindnce will feel this � is a slap in the face. Councilman Harris felt the Board may have acted without sufficient information on the street pattern for the stacking requirement. The City Engineer said that one of the waivers will allow them to have the entrance closer to the intersection. He said that he felt it would he different if this property were landlocked, but there is enough land. � � � � REGULAR COIINCIL MEETING, MAY 1, 1967 PAGE 14 The City Manager said that they may haVe been given the permit on the Board of Appeals action. The City Attorney saxd that on behalf of St. Philip's Church, this matter has been discussed, and the Church would be perfectly satisfied with the location and parking arrangement. He said tlZe Mortuary wi11 have access to 20D parking spaces across the street at the Church and if the Council considers this adequate the Church will enter into a reciprocal agreement Councilman Sheridan said that people will not know there is parking across the street and when the 18 spaces are full, they wi11 park on the street. MOTION by Councilman Samuelson to receive and file the first two items on the Board of Appea:,s Meeting Minutes of Ap��l 19, 1967. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Rirkham declared the motion carried. MOTION by Councilman Harris to return the request for four variances by George L. Walquist to the Board of Appeals and ask them to reconsider these variances, given any additional information that they may not have had previuusly, and direct the Administration not to issue the permit. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The City EngineYr suggested that when the permit is issued the Crty ask for three more feet of additional right-of-way from the Church and the Mortuary on 61st Avenue for a sidewalk on their property so that they wi11 have the same boulevard as the City is asking from the school. The Council agreed with this suggestion. BOARD OF APPEALS MEETING MINUTES, APRIL 26, 1967: MOTION by Councilman Harris to receive and file the Board of Appeals Meeting Minutes of April 26, 1967. Seconded by Councilmaa Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PLANNING COMMISSION MEETING MINUTES OF APRIL 27, 1967: 1. LOT SPLIT REQITEST: LS �k67-02; J.R. DUMOUCHEL, PARZ' OF LOT 29, BLOCK 1, MARIAN HILLS ADDITION: The City Manager read the motion of the Planning Commission recommending approval upon verification of the remaining triangle of property actually being a recorded deed. Mr. duMouchel was present at the Council Meeting and presented the deeds to the Ccuncil. The City Engineer explained that this had been a small triangle of unbuildable land left after a road had been built, and two property owners wanted it split and added on to their property. The City Manager said that the deed descriptions will show his lots less 40 feet and that the 40 feet has been added to Mr, Propokovich's prope rty, MOTION by Councilman Harris to concur with the Planning Commission and approve Lot Sp1it �k67-02, J. R. duMouchel. Seconded by Councilman Sheridan. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � AEGULAR COUNCIL MEETING, IvLAY 1, 1967 2 S, �p66-03) SHADY OAK ADDITION, ANDREW GAWEL PAGE 15 The City Manager said that property owners to the north of this.property are discussing an overall study for the Southeast Quarter of Section 13, and Mr. Gawel has been in on some of the discussions. He said the Planning Co[mnission is recommending getting a deed for a cul-de-sac, laut not recording it because changes in the overall area plans might change the 61st Cul-de-sac farther to the west. He said they suggested taking 5 feet off the property to get as much as possible for the corner lot which would make two lots 2z feet less than the minimum required width. Council- man Harris asked if there could be a possibility of an attempt in the future to split Lot 1. The City Manager said that Lot 1 has been sold and Mr. Gawel has to redraw the hard shell. The City Engineer showed Lxhibit 1, and said that the houses will face I'erndale Avenue. Councilman Liebl asked if 61st Avenue was developed yet, and was told that it was not. The City Engineer showed the three possible plans for the overall area. Councilman Sheridan questioned whether it was practical to put 61st Avenue in because of the elevation. The City �ngineer saLd that the planners were studying this. The City Manager pointed out that the four largest property owners are earth movers and they figure they can do this. MOTION by Councilman Sheridan to concur with the Planning Commission in the recommended changes to the Preliminary plat of Andxew Gawel. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 3. REZONING STUDY, A.L. WILLIAMS, LOT 6 THROUGH 9, SPRING BROOK PARK: The Crty Manager read the motion of the Planning Commission that a copy of the map be sent to the Council. Councilman Harris asked if this could be placed on the agenda for the next7neeting. The City Manages said that it will automatically be put on. FUTURE LOCATION OF PUBLIC WORKS GARAGE AND YARD Councilman Harris asked how many areas the Planning Commission had discussed as a possible locatian. The City Manager said £ive or six. Councilman Harris said that this had been tabled once or twice already, and he hoped this could be determined at the next meeting as the Council should have a decision before they begin working on the budget. MOTION by Councilman Harris to receive the Minutes of the Planning Commission Meeting of Apri1 27, 1967. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. INDUSTRIAL DEVELOPNIP�NT COMMISSION MEETING MINUTES, APRIL 6, 1967; MOTION by Councilman Harris to receive the Minutes of the Industrial Develop- ment Commission, Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, PARKS AND RECREATION COMMISSION MEETING MINUTES, APRIL 24, 1967: L BACILSTOP TO BE MOVED IN JAY PARK: The City Manager read the motion by the Commission and referred the Council to the communication from Mr. Hans Bobardt requesting a fence on his property � � � REGULAR COUNCIL MEETING, MAY 1, 1967 which is exposed to the basevall field of Jay Park. The Park Director was present at the Council Meeting and drew a diagram on the blackboard � of the way the laackstop is located at present with distances to the edge of the park property marked, and a diagram of the way the Commission wants it moved. He said that the Commission had not realized that the ba11 diamond was as close to the play area as it was and this move wi11 also take care of this problem. He said that the Commission feels that relocating the backstop and add�ng a canopy and wing wi11 probably take care of Mr. Bobardt's trouble except that he is concerned about kids loitering around the backstop. The Park Director said it was his recommendation that the backstop be relocated as proposed in the diagram. Councilman Harris suggested that a fence be installed along Main Street also to keep the ki:is from running out in the street after fly ba11s. � � PAGE 16 MOTION by Councilman Harris to concur with the Parks and Recreation Commis- s�on in the relocation of the backstop, and that a permanent fence 3 or 4 feet high he built along the west property line facing Main Street. Seconded by Councilman Sheridan. Councilman Samuelson said he had also recieved a complaint about the park fence being down on 69th Avenue and motorcyles using thas area. He asked if a permanent fence could be put here. The Park Director said that this was their plan, but the utility companies need access to the area. Councilman Samuelson suggested they chain and key the fence. The Park Director said that the Police should be made aware of this problem. UPON a voice vote, the motion. concurring with the Parks and Recreation Commission carried. 2. LAND ACQUISITION, CARLSON SUMMIT MANOR NORTH, BLOCK 7, LOTS 13, 14 AND 15 FOR PARK PURPOSES: The City Manager drew the Council's attention to a communication from the Anoka County Auditor stating that these lots have been appraised at $25 each, and the note from the Finance Director that there is a total of $2,851.57 in Special Assessments due on these lots which would have to be added to the purchase price, Councilman Liebl asked if they would use �ust the empty 1ots, or the whole area, He pointed out that there is a house on one corner, and he did not feel it tQO gond with a house there. The Council studied the maps. The City Manager said that these were allegedly un6uildable lots. Councilman Harris said there would be the problem of finding a lot to mw e the house to, � MOTION by Counc�,lman Harris to table this item and ask the City Engi�eer to report�back to the Coyncil on the feasibility of building on any of these lots. Seconded by Councilman,5her�dan. Upon a voice vote, there being no nays, Mayor Kirkham declarQd the motion carried. MOTION by Councilman Samuelson to� receive the Minutes o£ the Parks and Recreation Commission Meeting of April 24, 1967. Seconded by Councilman Haxris. Upon a voice vote,�there beiag no nays, Mayor Kirkham declared the motion.carried. SAFETY COMMITTEE MEETING MINUTES, APRIL 19, 1967: MOTION by Councilman�$arris to receive the Minutes of the Safety Committee Meeting of ApYi1 19, 1967. Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING OF MAY 1, 1967 TELEPHONE COMPANY COMMUNICATIONS AGREEMENT: PAGE 17 Chief Aldrich of the Fire Prevention Bureau said that this was the contract that he, the City Manager, and the City Attorney had worked up and sent to the Telephone Company for their approval. He said that the contract the Telephone Company had did not include the maintenance clause protection that he wanted. Councilman Samuelson asked if the contract mentioned repairs within a certain length of time. Chief Aldrich said that we would have priority second only to the military. Councilman Liebl asked what kind of switchboard it would have. Chief Aldrich said that it was pictured in the report the Council had received. He said it wi11 have �acks for the callboxes, and their idea is to build on to make a desk for the dispatcher. Chief Aldrich said that the Board and the ticketer and part of the contract and the rest are items covered by tariffs. MOTION by Councilman Samuelson to authorize the City Manager and Mayor to sign the Telephone Company Communications Contract. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carned. PARK PAOPERTY PUftCHASE - RICE CREEK: The City Manager reminded the Council that they had asked to see the maps of the ad�acent property owners which they had not had available at the last Council Meeting. The City Engineer showed the map of the area. The Council discussed the different contours from 852 at the lawest to 858, how much ponding area they would be buying, and how deep it would be. The City Attorney said he felt it would be worthwhile getting the property, but withholding any construction, because of the possibility of a Watersned District. The City Manager asked if the Council wanted to pay Fontaine the $4700 he is asking. The Council discussed the other property they would need also, and access to the property. Councilman Sheridan suggestion that they could see if Fontaine would give the City an option, and see what could be done with the other property. They discussed the amount of money the City would put down and the length of time. MOTION by Councilman Harris that the City Attorney enter into an option agreement with Mr. I'ontaine and Mr. Siverts for a park property purchase. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. . CHANGE OADER �dE-1, CITY HALL PROJECT: Councilman Harris questioned Item 2 on the Change Order. Councilman Sheridan said that this is everything but the generator. Councilman Samuelson said that this will provide the emergency wiring throughout City Hall. He said the generator is estimated at $1800. MOTION by Councilman Sheridan to approve Change Order ��'E-1 for the City IIall pro�ect. Seconded by Councilman Liebl. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SS�kS ASSESSMENT COST: The City Manager explained that the City Finance Director wanted to know if the Council approved the figure of $3.05 or $3.08 per 100 square feet for Schedule C of SSikS. ' � � �I � REGULAR COUNCIL MEETING OF MAY 1, 1967 PAGE 18 MOTION by Councilman Harxis to assess SS��S - Schedule C at the rate of $3.08. Councilman Liebl asked for more information on the $3.08 figure. The Finance � Director explained that the City has had to pay interest on the balance they have been carrying, and the people west of University which are �ust going to be assessed have had the use of their money in the meantime. � � Councilman Samuelson said he felt the $3.08 figure should be utilized and he seconded the motion. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. APPOINTMENT• Councilman Lieb1 asked why the salary started at $500 instead of the $520 figure. The City Manager said that this was the union agreement. MOTION by Councilman Liebl to approve the following appointment: f�/:�51� Les Stocke 5846 - 2z Street N.E Fridley, Minnesota POSITION Park Maintenance SALARY REPLACCS $500.00/Mo. New to 11/1/67 Position $520.00/Mo. after 11/1/67 The Motion was seconded by Councilman Harris, and upon a voice vote, there being no nays, Mayox Kirkham declared the motion carr�ed. MISSISSIPPI RIVER BRIDGE AT SSTH AVENUE NORTHEAST: The City Engineer said that in 1965 a request had been made by Brooklyn Park and Hennepin County for a bridge across the Mississippi River between Highway 1D0 and Anoka. He said that the first proposal was for County Road 109 which ran through Craigway. He said they had met and Fridley had wanted the road to go alang the north boundary 1ine, He said that the new proposal from Hennepin Countg and Brooklyn Park has shifted from County Road dF109 to County Road ik30. He said that the Anoka airport wi11 eventually expand into an international airport, and there is no good east/west road in this area. Councilman Harris asked about the cloverleaf pictured as he did not want a repetition of the East River Road proUlem. The City Engineer said that they are talking probably 10 years in the future, but if the Council feels this is the best alignment, they could pass a resolution stating this. He explained that this wi11 be a"greenway" which has a ditch in the center because of a problem with a high water taUle, and they wi11 get some Federal funds. Councilman Samuelson suggested that,this be tabled for Council study and review. Councilman Lieb1 said that if the Legislature adopts a Metropolitan Council they would prohably be the ones to discuss this. The City Engineer said that the County feels that the County 1eve1 is the right place to decide this, and that the legislature is not the right approach. MOTION by Councilman Samuelson to table the consideration of a Mississippi River Sridge at 85th Avenue Northeast for further study and review. Seconded by Councilman Harris. Councilman Harris asked if there was any target date by which they wi11 need Fridley�s concurrance. The City Engineer said that at present this is open land and can be obtained reasonably, but they may not build it until 10 to REGUT�R COUNCIL MEETING OP MAY 1, 1967 15 years from now. The City Manager pointed out that this does not run through Pridley, and the question of the Council is whether it is close enough or too close. He recommended approving the site, since none of the construction involved Fridley 1and, but was easily accessible. UPON a voice vote, there being no nays, Mayor Kirkham declared the motion car�ied. BID - HOls E AT 375 - 64TH AVENUE NORTHEAST: PAGE 19 The City Manager said that the City had received one bid i� the amount of $2,550 with the guarantee that it be moved out of Fridley by Suly 1, 1967. Councilman Samuelson said he felt the Council should accept the bid. Council- maLn. Sheridan asked the City Attorney if the Council can accept o.ne 6id. The City Attorney said they could if it was acceptable to the Council. Councilman Harris asked if the bid has a certified check. The City Manager said that there had been a certified check and cash. MOTION by Councilman Sheridan to accept the bid of $2,550 and award the bid to Robin Corporation, 5016 - 40th Avenue North. Seconded by Councilman Samuelson. Upon a voice vote, there beimg no nays, Mayor Kirkham declared the motion carried. PROPOSED RESOZUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS: STORM SEWER PROSECT N0. 5-C (ADDENDUM �kl): Counciltnan Harris reminded the Council that this was the public hearing that had been continued until the next regular Council Meeting. MOTION by Councilman Harris to table this proposed resolution. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION 3k85-1967 DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS ACCORDANCE WITH LAWS OF 1957, CHAPTER 385: STORM SEWER PROJECT N0.5-C: MOTION by Councilman Harris to adopt Resolution y'k85-1967. Seconded by Councilman Samuelson. Councilman Liebl asked how long the contract on 5-C has to run. The Consniting Engineer said that they had 90 days, but he did not recall the completion date. Councilman Liebl said that he would hate to see th� street like it is the rest of the year. He asked the City Manager to find the final date for him so that he wi11 be ahle to te11 the people. He said that he was interested because there had been a private agreement with the people on pro�ect i�76. The City Engineer said that they did not do it right away as they had to wait for the frost to go out, but at may be a matter of a few days now. Councilman Liebl said to be sure there was 4" of black dirt. VOTE upon the motion was a voice vote, there being no nays, Mayor Kirkham declared the motion carried, -1967 D MOTION by Councilman I-Iarxis to adopt Resolution ��86-1967. Seconded by Council- man Samuelson. Upon a voice vote, there being no nays, Diayor Kirkham declared the motion carried. � � �� � REGULAR COUNCIL MEETING OF MAY 1, 1967 -1967 PROJECT N0. 75-G: PAGE 20 � MOTION by Councilman Liebl to adopt Resolution ��'87-1967. Seconded by Council- man Samuelson The City Engineer said that he and Mayor Kirkham had met with the School Board and they had ob�ected to an access on their side, so the road has been realigned. He said it is not a very good road, but is the best they can do. He pointed out the way the road wi11 go. Councilman Harris suggested not ordering the pro�ect until this is cleared with the School Board. The City Engineer said that there is no choice, and we wi11 come back the same way we go in. Councilman Sheridan asked if this was the whole School Board�s ob�ection or �ust one of the members. Mayor Kirkham said that he had met with Mr. Thayer in this regard. He said that Mr. Hanson and the School Board have said that they are going to enlarge their track, and pointed out on the map the reason they did not want the City to come in and use the property. Mayor Kirkham said he had talked to Mr. Hanson yesterday and he had indicated where they would like the City to come in and park, but nothing about a return route down the other side. The City Engineer said that we will come out the same way we go in, and this is the only change. Councilman Sheridan said that we were providing access for the school property is what it amounts to, and they disagree when we ask for cooperation. The City Manager said that the City will not put this in if the School Board disagrees. He suggested they approve the resolution and he wi11 set up a meeting with the School Board. � Councilman Lieb1, with the approval of the seconder, added the words, "sub�ect to the approval of the School Board'^, to the motion. Upon a voice vote, Councilman Sheridan voting nay stating he expected cooperation from the School Board, Mayor Kirkham declared the motion carried. RESOLUTION -0k88-1967 APPROVING FINAL PLANS AND SPECIFICATIONS AND OADERING BTDS, W-75-G• MOTION by Councilman Harris to adopt Resolution 4k88-1967. The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The City Manager said that the bid dates were left open because it could not be published for the Meeting on the 15th of May and the next cceeting was the Regular Council Meeting of .Tune 5, 1967. He wondered if the Council wanted to set the consideration of the bids for May 29, 1967. The Council decided to set the date for June 5, 1967 because the last week is a vacation day week. CI�AIMS : MOTION by Councilman Harris to approve for payment General and Public Utilities Claims �k11650 through ��11749, and Liquor Claims ��1054 through �'k1088. Seconded by Councilman Liebl. Upon a voice vote, there being no � nays, Mayor Kirkham declared the motion carried. LICENSES: Councilman Harris questioned the excavating license for Lenny Cochran Excavating, Inc., and asked if he had performed up to the standards required in his land alteration. The City Attorney said that he had posted no REGULAR COUNCIL MEETING, MAY 1, 1967 bond so the permit had been cancelled. Councilman Harris asked if the Council wants to issue him a license,to cont�nue when h� did not live up to the agreement. The City Attorney said he would think that these would be two separate items, this would be for him to act as an excavator rendering service to the .public. He would need a land use alteration permit to do his own land, but he would not need this license, PAGE 21 MOTION by Councilman Harris to approve the following licenses,excluding the Excavating License for Lenny Cochran Excavating Inc., 6537 Central Avenue Northeast, Fridley, Minnesota, and have the administration draw this to his attention as to the reasons why. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham decj�ared the mbtion carried: / CONCRETE LICENSE Douglas C. Lida 2553 Dupont South Minneapolxs, Minnesota BLACI�TOPPID:G A,E.C. Blacktopping Co. 130� hiain St, N. E. MLnneapolzs, Tlinnesota EXCAVATING By: Douglas C. Lida gy;, James L. Tu*_-�in Lenny Gochran F.xcavatzna�Inc. 6537 Central Ave. ii. E. Fridley, PIinnesota 55!F32 By: Lenny Cochren 4Iaalen S� Sabby, Iac. 90E2 Poll: St . N. E. By: James Ldaalen S� Minnzapolis, Minnesota Ronald Sabby GAS SEFVICES A1's Plunbino � Heating Inc. 5392 Center Drive Sprin� Lakz Park, Ptinaasota $y; Alvin Flillsdale Mi11 City Heating & Air Cond. Co. 13007-B 16th Ave N. Minneapolis, itinnesota By. Wi11ia2. Stevenscn Royalton Heatin� �� Coolino Co. 4626 Lyndale Ave. N. Minneapolis, Minnasota By� Willi3m Stewart St �Sarie Sheet NIeta1 Lnc 79/a-0 Sprir�3 Lake Road Minneapolis, tt�nne:ot� By; Louis J. St, rlarie NeW Ren e�ra 1 Rene��a 1 Rene�7al Renewal �Ren ecaa 1 Ren eFra 1 Rznzwal � � �� � � AEGULAR COU:�CIL NI�ETING, PiAY 1, 1967 Superior Furnace Ca. 6127 42nd Avenue North Minuezpolis, Minnesota Ray N. Welter Heatir�o Cn, 4637 Chicago Avenue So. Minneapolis, Minnzsota GENERAL CO�TTRACTORS Clemron, Iec. 701 Colunbia Elvd. Miruieapolis, iIinnesota Dahlbero Builders, Inc. 1127 80th Avenuc N. E. Minneapolis, Nlinnesota Donco Eu�lders, Inc. 1052 Osborne Road Fxidley, Plinnesota Peter Dul;eafield Ce, 4725 Excelsior Elvd. St. Louis Park, Minnesota Charles E. Johanson 160 $artman Circle Fridley, Minnesota Hennin� Nelson Construction Co. 42]6 Shoreline Drive Minneapolss, blinnesota S. E, Templin Construction Co. 6154 Stinson Blvd. Minneapolis, rlinnesota HEATING A1's Plumbino & ileating Inc, 8392 Center Drive Spring Lake Park, Minnesota Mill City Heatin� � Air Cond. 1300�-B I6th Avemie North Minneapolis, Minnesota Royalton Heating & Cooling Co. 4626 Lyndale Ave. North � Minneapolis, MinnesoEa St, hlarie Shzet hietal Inc 7940 Spring La1:� Road Minneapolis, :-iinnesota By: HoLaard W Chandler By: Ray N. �Ieleer By Ronald C Johnson By: Samuel ➢ahlUerg Ey: Ro�e� T 2rson Ey: Grant Miklce�son By: Charles Johanson Sy: Henning Nelson By: 5. E, Templin By. Alvin Hillsdale By; W�,, Stev°nson By: �Im. Ste=�art By: Louis St P�Iaria Reneual Rene�aal Renewal Renewa] New New Renerral Fenetial R2necial Rene�va 1 Rene�,al �enecaa 1 Renz��al PAGE 22 RECUI.nR couNCIL rtErzl�c, rrAY 1, 1967 Superior Furnacc Co. 6121 42nd Avenue North Minneapolis, ilineeseta By: Howard Chandler Ray N. Welter Heatin� Co. 4637 Chicago Avz. South Minneapolis, ilinnesota By: Ray N. Welter MAS Oi�TP V Dave Eerry Co�lcrete S� Masonry Constr. 5317 Monroe St, N. E, Spriu� Lake Park, ilinnesota By: Dave Berry Ganter's Construct�on 8091 Hi�hnay ;�65 Sprino Lzl:e.Parlc, Minnesota Sy: A11ie Ganter Lino Cement Co., Inc. 41 East Golden Lake Road Circle Fines , Minnesota By: Merlin FIeath 01L bUPSiEP. American Oi1 Company 2288 W. County Road "C" St. Yau1, biinnesot<. By: ChestGr Schnu.dt Louis DeGidio, Inc. 3102 Fiadley Ylace Minneapolis, M�nnesota By; Louis DeGicio SIGN ERECTIOV Naege7e Outdoor Adv. Go., Inc. 1700 WJ8th Street Minneapolis, i•Iinnesota Ey: Warren J. McGuire Gold Medzl Beveraoe Co. 553 N. Fairvieca Svenue St Pau1, Ptinnesota By: Arthur Margot CIG�.RF;TTL Fr�dle� Vr'� Fost 363 by: ErJi n€ Ed:,srds 1040 Gsoor;ie r �;�1 I ,n. Fridley, iinneso�a Len�s Da�r,r b;,r: Leonard C�rtzen fJ�,.i�iJ �,25{. .t� ,-Cr �OPQ 1'�1"1C�1°;y� i�liln�'S�i,�. PAGE 23 Renewal Renewal Renewal Ne�a NeF, Renewal Renewzl ReneG�a1 Rene��a1 Renerral � � Rene�ral � REGIILAR COUNCIL MEETING, MAY 1, 1967 nOnN SAL�° , Len�s Dairy 6f,�'S East i2iver noad FT'1tilE� � i.ir,nesot a 'r0'I SP.LEn Frid]ey vFti' Posi, 3b3 10+0 Ostx�rne R�ad Id.E. Fridley, i�innesota SEHVTCE ST-170i� Gertzen Sarvlc2 61F8`> rast �ive�� r�,oad ;?.F. Fridle3i i�"innesota Riverside Standard 8100 East =ti'✓er 3oad i1,F', Fridley� i'ini:°so�a TA VERIv � Fridley V:i� Foat 3b3 10!FO Osborne itoad I1,E, Fridlev� i`innesota 1___1 TP,XICAB F'ar'.t Taxi 228 Aurora Lane Cii•c1_e Fines� i'innts�ta USED CAR LOT Stnitt� 1 s f otor �oTF��y 56(;9 Unive_�sit,;r Pve. td.� Fridle-y � 2�`� n-�a�ota by: Leonurd Certzen by: Erlin� C, Edorat�ds by: L�or:,rd Gert�En 6y: James Rr-st.ong by: Erlin� 0. �v,�rds by: 4'inton r, Barker by: iavid Schn_eder:Q PAGE 24 Renetiaal Fe�eo�al Rene�:al Rene�,�al ReneY,21 New Rene.ral COMMiTNICATI0N5 • (A) BOBARDT; EENCING AT PARK ' MOTION hy Gouncilman Harris to receive the letter from Hans Bobardt, 6560 2nd Stieet Northeast. Seconded by Councilman Samuelson. Upon a voice vote, theYe being no nays, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING, MAY 1, 1967 (B) ANOKA COUNTY: PARK PROPERTY PURCHASE PAGE 25 MOTION by Councilman Ha�rris to xeceive the communication from Kenneth W. � CampUell, Anoka County Auditor. Seconded by Councilman Sheridan. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. (C) ARCHITECT: CHANGES IN CITY HALL PLANS MOTION by Councilman Samuelson to recieve the coimnunication fxom S. C. Smiley & Associates. The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the mbtion carried. (D) COLUMBIA MILLWORK: BLACKTOPPING DRIVEWAY Councilman Harris said that he had talked to Ms. D. A. Stotts who was the owner of two structures. He said that one of them has been bought by a Drug Supply Company whi.ch is anticipating changes which wi11 require heavy equipment which would ruin the blacktop and he would like to wait until this is finished, Councilman Samuelson asked if he could give a bond in lieu of doing it at present. Councilman Harris suggested a Certificate of Occupancy could be issued upon completion of the building. Councilman Samuelson aslced how it would be written as he is presently using the building. Councilman Harris said he thought it �aould be al1 right to have a$100 bond, Councilman Samuelson said that it did not matter to him. MOTION by Councilman Harris to concur with the request of Mr. D. A. StottS, �olvmbia Mlllwork, Inc., 5930 Main Street Northeast, Minneapolis, Minnesota, � as stated in his letter. The motion was seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. (E) NAGEL: SEWER IN NAGEL`S WOODLANDS: The Consulting Engineer explained to the Council the way Mr. Nage1 wanted to service the 8 lots that he owns with sewer and water. He did not want the installations put through on the rear.of lots because this would limit the size of the buildings that could be put up on several of the lots. He also wanted only 2 service connections for the 8 lots which wi11 be the centers of the two plots if they are divided, and all lots assessed equally. Mr. Comstock said that if the Council concurs with his request, it would require a change order to realign the services. Councilman Harris asked what would happen if he sold one of the lots without service. The Consulting Engineer said that the Council may want an agree- ment rather than just the letter. Councilman Harris suggested a five year moratorium in which nothing can be done, so the City wi11 not have to go back 90 days later and tear the street up. MOTION by Councilman Samuelson to concur with the request of Mr. V.M. Nage1 and order the easement document from Mr. Nagel on the realignment, order a Change Order for the change in the contract, and an agreement document with Mr. Nage1 regarding a five year prohibition on street cuts after completion , of the surfacing. Seconded by Councilman Harris. IIpon a voice vote, there being no nays, Mayor Kirlcham declared the motion earried. REGULAR COUNCIL MEEITNG, MAY 1, 1967 �) ARCHITECT: CITY HALL CHANGES � MOTION by Councilman Harris to receive the communication from 5. C. Smiley & Associates. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. (G) ARCHITECT: CITY HALL PAGE 26 Councilman Samuelson said he felt there had heen some misunderstanding because after the meeting on April 20, 1967 he felt that he, the Mayor, and Councilman Lieb1 had been in agreement on programming the police facility in the lower 1eve1. He said that Mas Matsumoto had called him and the City Manager, and somehow understood that spaces B-3 and B-13 would �ust have ceiling and floor, and no layout for the Police. Mayor Kirkham asked Councilman Samuelson exactly what the architect's assignment was. Councilman Samuelson said that the assignment at the present time was not to do any schematic work for the police facility, but to get prices on the ceiling, floor and lighting on the two rooms. Councilman Harris said that this had been discussed after that meeting, and he did not feel the City should spend the money for schematics and drawings for that department until they are sure they want to put it in there. He said that anything done will be a remodeling �ob anyway, because con- struction is so far, he did not feel there was a pressing need at this time. Councilman Samuelson said he felt the opposite, and that p7ans should be_laid now and provisions made. Councilmar. Sheridan said he was in accord with Councilman Harris, and if the Council should decide to move the depart- ment in the future, thexe wi11 not be that much addrtional expendituse at � the time of the move. Councilman Harris pointed out that the Council has approved some change orders at the last Council Meetings, and if there is extra money from liquor revenues it wi11 be needed for the Change Orders, and they still do not have a price on the curb, gutters and landscaping. Mayor Kirkham said that his concern would be the money that would have to be spent on remodeling the present structure for police use. Councilman Liebl said that he agreed with Councilman Samuelson and felt it would be wise to go along with his recommendation because the money is going to have to be spent, and it should not �ust be pushed off and then cost more in the future. He said that while we are in the process is the time Lo do it and he would concur with Councilman Samuelson's recommendation. MOTION by Councilman Harris to receive the letter from S. C, Smiley & Associates dated April 25, 1967 and arrange for further discussion on this matter. Seconded by Councilman Samuelson. llpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � (H) SPRING LAKE PARK: CULVERTS The City Manager explained the letter had been sent to Fridley because the storm sewer drains come to our border at Osborne Road. Councilman Harris said that �ust putting grates on their side wi11 not solve the groblem unless we do the same. Councilman Samuelson suggested the Council concur with them and send a letter to the Highway Department saying that it should , be done on our side. Councilman Sheridan said that the grates he saw w�re not on the culvert under the highway, but on another outlet off the high- way right-of-way. Mr. Dave Schaaf, a visitor to the Council Meeting, said that a bank had been built wrth a culvert under it, and it is very large, REGULAR COUNCIL MEETING, MAY 1, 1967 PAGE 27 MOTION by Councilman Samuelson to refer this matter to the Engineering Department for their study, Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � (I) A. M. JOHNSON; DRAINAGE DITCH Councilman Liebl presented a letter he had received fxom Mr. Johnson asking for Council assistance in hastening an investigation by the Attorney General into a problem with a drainage ditch. Mayor Kirkham read the letter. MOTION by Councilman Harris to receive the communication and forward it to the State Authorities. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mr. Harris, who owns a parcel of land at approximately 6200 Aiverview Terrace, was present at the Council Meeting andeexplained a drainage problem that runs over his property. He said there was an open hole that does not seem complete on the east side of T.H. ik47 right-of-way, the first culvert nor�h of 77th Avenue. He said that it is not shown on the p1at. He asked that the City Engineer look at it as he thinks someone forgot to connect some pipes together. The City Engineer said that it is �ust drainage over which nobody really has control. The Consulting �ngineer said that this was a ditch made by the property owners to make the land available for agriculture. There was a discussion of drainage problems in the area. Councilman Samuelson said that the ultimate answer wi11 be a storm sewer system, and that Blaine and Spring Lake Park would participate in the cost for the water they are cantxibuting. Mr. Harris � asked if the Engineering Department could come out and look at it. MOTION by Councilman Lieb1 to refer this drainage problem to the Engineering Department. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kixkham declared the motion carried. �J) MOUNDS VIEW: DRAINAGE The Consulting T�ngineer said that if Mounds View is not going to participate in a 7oint storm sewer, the City should eliminate the work on Stinson Boulevard. Councilman Harris asked if catch basins were put in, would they turn out to he too hLgh or too 1ow. Mr. Comstock said that the County has established grades for this pro�ect, but Mounds View wants a11 the drainage and utilities in fitst, The Council discussed cutting the line at Stinson Boulevard. Mr. Comstock said that the water will stand in the street when it gets to Stinson unless there are catch basins. Mr. Comstock suggested the Council make some consideration for not providLng draxnage on Stinson, and perhaps when the County improves Lt they wi11 provide the drainage and the County can handle the cost participation between Mounds View and Fridley. MOTION by Councilman Harris that the Consulting Engineer and City Engineer study this and report back to the Council with a change order regarding the delection of the line on Stinson Boulevard. Seconded by Councilman Sheridan. ' Upon a voice vote, there being no nays, Mayox Kixkham deelared the motion carrved. REGUI,AR COiTNCIL MEETING, MAY 1, 1967 (K) N.S,S.S,D.: HEARING PAGE 2S � Councilman Sheridan said that when Cities are taken in under contract, the NSSSD is not taking on their assessed valuation and they are not taking a new member in on the Soard. He said the contract is written that payment to the District is the equivalent of having been a member at the connection date, plus a fixed rate for any future improvement with- in the District which this community under contract then picks up. He said that it wi11 pick up a portion of all construction to the point o� the contract and a percentage of any future construction as set out in the contract. Councilman Sheridan said that the hearing is held so that iP a community is concexned with the District going beyond its own land to provide capacity they may express themselves. Councilman Harris said he would not like to see Fridley pledge any more of their assessed valuation for construction in the other communities. Councilman Sheridan said that under the contracts, the district would not pledge anything, the communities would have to bring their servue lines to the district lines, so capacity is all that is pledged. Council- man Harris asked if he was asking direction on how to answer the Board. Councilman Sheridan said that he would like the Council's opinion, but personally would rather see the communities come in un3er contract than as a member of ttie District. Councilman Harris said our position had been watered down 15% hy adding 2 members and another member would just do it again. Councilman Sheridan said Yhat he did not feel there was any concern over giving away capacity, but if more capacity were needed with Minneapolis or a treatment plant was developed, a community under contract � would pick up their portion of the cost according to the contract. Council- man Harris said his opinion would be that new communities use the service of NSSSD under contract rather than membership. Mayor Izirkham said he agreed with this. Councilman Sheridan suggested that this cover all communities for future service. MOTION by Councilman Harris that the position of the Council would be that a11 communities requesting future service with NSSSD use the service undex contract xather than thxough membership. Mr. Paulson, a visitor to the Council Meeting, asked if Fridley had purchased enough capacity for Fridley indefinitely. Councilmaa Sheridan explained that Fridley has not purchased any capacity from the District, because once you purchase capacity you pay $150 a connection charge and from then a$4.50 quarterly usage charge whether you are using it or not, but the capacity is there for us to purchase when we need it. Councilman Sheridan said that when New,Brighton comes in under contract, it wi11 sti11 only use about 18 to 20% of the capacity NSSSD has available with Minneapolis, Mr. Paulson said a gentleman had told him that Fridley would have been we11- advised to prepare for their own sewage needs rather than join NSSSD. Mayor Kirkham said that the pro�ected time when a11 the capacity is used is fax enough in the future that there is no reason to be concerned. Mr. Paulson asked if there was any chance for the :�istrict ��isposal plant. Councilmaa Sheridan said that there was a good possib-�Iity for it. ' THE MOTION was seconded by Councilman Sheridan, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING, MAY 1, 1967 (L) ARCHITL^CT; CHANGE ORDER �fG-1: MOTION by Councilman Harris to approve Change Order No. G-1 for the Fridley Civic Center. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Izirkham declared the motion carried, (M) NSSSD: NOTICE OF SEWEA USE AGREEMENT VIOLATION PAGE 29 MOTION by Councilman Sheridan to receive the communication from the NSSSD and turn it over to the City Attorney for clarification and an answer to Ue prepared for the Council Meeting of May 8, 1967. Seconded by Councilman Harris. IIpon a voice vote, there being no nays, Mayor Kirkham declared the mot�.on carried. VISITORS• Mr. J. D. Ferguson, 6811 Oakley Street, said he would like to offer his vote of confidence for Chief McCarthy and his department for a11 that they have done. He said that we should be proud and remember what he and his department have done for the City, especially two years ago. LI�BL: SPRAYING MOORE LAKE Councilman Liebl said that in the minutes of the Parks and Recreation Commission they had discussed the spraying of Moore Lake. He said that the Council should be thinking about this because the season is going to start soon, and he would prefer'that the whole lake be sprayed because of the skin disorder complaints in the past. CITY ATTORIVEY: POOD ORDINANCE The City Attorney said that some time ago copies o.� a food ordinance were distributed and it was suggested at that time that the Council meet with the Board of Health and dis�uss this ordinance and a number of other ordinances that should be amended. He said he would like to have a meeting scheduled for this discussion. Councilman Samuelson suggested they meet at 7:00, May 8, 1967 before the Public Hearings. The City Manager said that this may be too early for the Doctors on the Board of Health. Councilman Sheridan said that the League of Women Voters were studying food ordinances in conjunction with State Stat�tesand State Law and they might like to sit in on the discussion for their own information. The City Manager said that he and the Health Inspector have been trying to get an ordinance going for four years. He said that this would provide fees for some of the inspections he does make and also tlie flealth Inspector can do a better �ob with an ordinance. Mayor Kirkham asked the City Manager to find out if the Health Inspector can meet with the Council at 7:D0, May 8, 1967. - Councilman Lieb1 asked if the League of Municipalities could find a model ordinance to follow. He said he had been told there was a very good one in some City in California. The City Attorney said he had gotten a model ordinance from the League and also copies of ordinances other cities are using. VISITORS• Mr. Carl Paulson, 430 N.E. 57th Place, said that it seemed to him that a body such as the Police Civil Service Commission should have legal advice at ' , � REGULAR COUNCII. MEETING, MAY 1, 1967 PAGE 30 such times as they may require it. He said that there seemed to be a conflict at the present time and he wcu ld like to suggest that they have � the right to engage impartial counsel, so that they have access to legal advice. Mayor Kirkham said that some of these questions may be cleared up when the City Attorney replies to the request for clarifying the duties of the involved bodies. The City Attorney said that Mr. Paulsoa had a good point, and it was very possible that the City Attorney would not be able to represent both the Council or the Administration and the Police Commission because of a conflLCt that may require two attorneys. He said he would comment on this in some detail in his memorandum. � Later in the meeting, Mr, Paulson said [hat he would like to qualify an earlier statement he had made concerning legal counsel. He said that he did not want his remarks to reflect in any way on any work done by the Police Civil Service Commission. HUETMACHER: RED'S CLUB Mr. a nd Mrs. Huetmacher, owner�s of Red's C1ub, were present at the Council Meeting, and asked the Council if there was any possible way to get an extension of their license as they are negotiating with a 1oca1 buyer. Councilman Harris read the motion of the Council at the Regular Counail Meeting of January 3, 1967 at which time they were granted 120 days to give them an opportunity to culminate the sale of their business. Councilman Harris said that if the Huetmachers have a proper buyer for their business, he can come in and see if he can get a license. Councilman Harris said that if he applies the Council wi11 process it very quickly. Mr. Huetmacher said that it was not good to close the c1ub, aad said he could not figure out why this is happening as he feels they have been punished enough. Councilman Harris said that the Council does not set the laws, and they have to abide by the Minnesota State Law. Mayor ILirkham told Mr, and Mrs. Huetmacher to advLSe theLr prospective buj�er to make az application, but that in the meantime the club wi11 have to be closed. SUMMONS: CHARLES E. JOHNANSON, INC., A.L. WILLIAMS �/b/a WILLIAMS CONTRACTING COMPANY, CLEMRON, INC., AND OTHEA SIMILARLY SITUATED: MOTION by Councilman Samuelson to rece=ve the summons regarding connection charges and refer it to the City Attorney for an answer. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ADJOURNMENT• There being no further business, Mayor Kirkham declared the regular Council Meeting of May 1, 1967 ad�ourned at 12;25 A.M. Respectfully submitted / / �4Jt�(;j ��G- �� {-77 L � r �' � �V L �. 1 � L � �i,c��— ' / � Mary Lu Strom � Secretary to the Council �