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08/17/1964 - 00022601_ � REGUI�AR COUNCIL MEE'LING� AUGUST 17� 1964 A regulas meeting oi tt�Coumcil of the City ol' Fridley was called to order by Mayor Nee at 8:25 P.M. ROLL CALL: Members Present: Nee� Johanson� Kirkham� Sheridan� Wrigh{, Members Absent: None APPROVAL OF �J'i�S - REGUIdtR ME�TTNG, AUGUST 3} 1964:, Motion Uy Johanson to approve the minuteu oi the Regular MeeLin�; uf August 3� 196� as prepared and-received. Seconded by Kirkham. Upon a voice vote� thexe 0eing no nays� the motion carried unanimously. BUILDING SOARD MGETING MIIVUTES, AUGUST 12, ]9F,�+: , � . APPLICATIDN BY��INORTf�AST M073ILE tI0MC5 FOR AN ITdDlISTf?SAL DUILDIPdC AT 7501 - T• $• 5- 120' x 1 0' OP C�MENT AND 57'1'sEL CONSTRUCTlOPI WI'Pli nnr cemrnxnmcn nncm n� �c nnn �n. — Mayor Nee announced he wished to dopart �rom the Agenda to underLske the consideration of a building permit by NorLlieast MoUile ftomr�. The proposed building was explained by Mr•. Mayeron representinfr Plortheast Mobile Homes, Councilman Johanson stated he was in Fu11 approval oY the proposed building} that the only question that had been raised was the question of what the pattern block looked like for t.he structure." This•item was explained. Councilman Wrieht inquired if construetion were to be be�un immediately an�� was told it lra�. Motion by Wright that the City Council accept the plan pro��osed 1'ur an industrlal building at 7501 - T. H. /�65 120' x 140' oC cemenl„ui�_i steel constructio� with an estimated co�t of tfS75�000.00 a� suUmitL�=�t and approved by the quorumless meeting of tY�e Auilding Roard �inrl grant the permit. Seconded by Sohanson., Upon�a voice vote, lhet� being no nays� the motion carried unanimously. OID BUSINESS: LO`PS 3, 1+, & 5� BLOCK 14� HAMILTON'S ADD7TION (TABLT'D ci j b4): Mayor Nee announced the item for Council consideration wa� tlie quesi.ion of the adegUacy oY the land around.a tri-plex in which Mrs, Ardis McCarty was askin�; for a buildin� permit. Mayor Nee inquirerl �F t4r. McClish� owner of the property was present. Mr, McCllsh was noi present. Mrs, McCarty presented proof oP ownersh�p� survey� decd� ei,c.- MayOr Nee stated it seemed to him i.he question would bE wYiell�e�• Mr. McClish could sell thai; property, PArs, P�eCarty repl�ed �t ]iad been sold•to him as such. Councilman Wright �nformed Mrs. McCarl,y slie was in the pos3tion whe're she had heen defrauded becouse skie h�tid been sold land which was the essential part oi the {.ri-plex next to it and the owner had invalidated his OTJT1 use of that land and he should get the land hack; that ,he cou]d recover irom the orit;inal ipereon who eold him the tri-plex. It was explained the laud oilu��ti Mre. MeCar'ty bought was the land withnut whicYi the Cit,y would have issued the permit in the first place. Mayor Nee staLed it oY�owed in the docnments and it was indicated Mr. McC]ish did own tbc� ?a,id and it was co�nitted to the trs-plex. Mrs. McCari;y stated Mr. Jensou the Building Inspector� had checked the plan and told her it ��as s�t- lsfactory. Councilman Wright indicated i;o Mi�s, McCarty her ��o:;� faon was to take the matter to court because she hacl been defraude-d. Mrs. McCarty repl3ed there was a PurcY�ase Agreement made u�� un lU� the tr5_plex and it was in the process of berng sold. Councilman Glri�;ht sLaterl there possibly could 6e thrce or four or more parties imrolvcrl in Lhe maLter but there stal] was the or3�ina1 fraud. Mr�, McCarL,y inqulred bf Councilman Wrigh{, why she should be made ta pay arid ia�r told by Councilman Wri�ht t,hese arguments presented would hav� to be presented in rourt becauee this Council could not hand].e them, i,haL i.he lend was a. part ot the grounds of t,he tri-plex. Mrs. MeCari:y repllc�i aL would not be iC the deal that was pending went through'c for the ��le of the tri-plex. Councilman Wri�ht informed Mrs. � McCart,y i,h�t no new building p�rmits rrould be issued and the owners o�' the i,r�-plex iaould not be �ble to use the tri-plex and:!�ha���. ?�n -�,i� �,�, i�-� ehould �;n Lo couri: to recover her losses� that this was not a court of laia and the City Council was not here to settle these kinds oP Qisputes. He explained that it was possible the City had he�n defraiided� t,00� lf thi.s person in question did �;et a huildinf; pf�rroit �ai�,hout owning the land� Mnyor Nee asserted the City Council wae not going to al].ow a tri-plex to be built on 40 feet ol land� that they would not compound it by allowing auotlzer hui].d'in�. Mre, McCart,y replied she was only asking for a sin�]r w1i_t. Conncilman Wri�ht informed Mrs. McCarty she could not have tho permit for n sin�le dwelling with the tri-plex next door needing the l�nd and it did appear that Mrs. MeCarty� Mr. PdcClish� auy new buyers and the City had been defrauded. Mayor Noe statrd it w�ts his opinion they could tt�ce action against thG prercnl, ol�itcr of the tri-plex to meet the cqde�_that he ehould ]iavc read the ardinance gov�:rning tri-plexee before he hsd bought because ii, cras illegal this way. Mrs. MeCarty replied the legal p�pers had t,he description on them a,nd inquired if anyone could get a permit, on land they did not own. Mayor Nee replied they appax•enLly had because Mr. Bird did build on land,or using land he didn'� orm. Counc�,lman Wright told Mrs. MeCarty ahe was in a poslt�on nf having a good case against the owner. Councilman Sheridan ixiquired af the pari:y that sold the lot to Mrs. McCnrty za�; a]so thc owner of the {;ri-plex and was told this was true� then l�e was �oinfr, to construct a resiclence� that he had bou�ht �i0 i'eel; and diecovered he didn't own it and bought this piece oP property, Council�han Sheridan inquired who the owner was of the tri-plox and Mrs. McCarty replied �he did not �now. Council- man L7ri�;ht s{,nted it was his understanding Mr. McClish still was thE owner of L-he tri-plex. Mrs. McCarty replied at the_time of the sa]_e he was. Councilman Wri�ht stated he was legally liab].e of the oper- at,�on oP 1.I�e tri-plex as long as he owned it and in no case could the City Council �rani, a building permit as long as the tri-plex was going L-o ue in opera,tion. Motion by Wri�ht that the City Council deny the building permit , requesL by Mrs. Ardis McCart,y and instruct the City Attorney bo tracc the sale o£ the property in que�tion to find out i� the City had� ai, any time� been defraufled. Seconded by Sheridan. Couucilman Sohanson inquiredif they could table the reque�t rather Lhan deny the permit until they could get a report back from i,he City Attorney. M�ynr Nee replied there was an ad;oinistrative report t,h�t was fairly extensive but not one from the City Attorney. MoLion Uy Joh�nson ta tab]e the huilding permi_t�request by Mre. McCarty for Loi,s 3� 1+� and 5� Illock 14� Hamilton's Addition pending a report Tx•om the City Flttorney. Seconded b,y Y.irkham. Upon a „ voe.ce vote� there being no nays� the motion carried unanimously. Mayor A�ee informed Mrs. MeCarty this would be pursued and would appreciate her assistance. Mrs. McCarty replied she had tried to do LYiai, by various wa,y.; but hadn't had any luck� and stated the Buildin� In�pector had said she.had a 7.�gitimate reason,to � get a�;rmit, The City Mana�;er. replied the Building Inspector di�l not have nny authority 3n this mati.er. Councilman Wright sta{,ed theyr could cause the tri-�lex owner not to use his buildin�. . . � CY a� TAVERN LSGENSE IN SHOPPING CENZ�R: Mayor Nee announced the consideration of a petition which he had received from the Church of St. Williams with 1�265 petitionei°s protesting tavern and liquor operations in proximity to the church..and sehool� that� in addition� the School Board and Ministerial Association did agree with the petition. Mayor Nee stated thu�, before_the�City Council would enter into discussion� he wislied to have the pet3tion received. Motion by Wright to receive the petition from i,he Church of St. William protesting the tavern� and liquor operations in proximit� to the church and achool mentioned in Father Keefe's letter. Second- ed by Kirkham, Upon a voice vote� there bein� no nays� the motion carried ununimously. . Mayor Nee stated to recapitulate the question� probably two months previous� a local tavern operator named Howard Nelson appe�red b�, fore the City Council and asked� if he contrarted with tYie Mouti Shopping Ceater to move his,operation there� laould the City Counc�l transfer his license to that location, fIe explained at that: 1�itne the City Council considerecl two questions; one was whether or noi, his license was in good standin� and to the best of their lmowled�;e it was and there had been no violations of the liquor law {,tiat would bring his license into question and whether the land itas properly zoned ior that purpose, Idayor Nee stai,ed in bo1.h instances i,he C �i:y Council ielt the answer�.was yes� so the Council advised Mr. i'delson trhat this was an administral:ive question and made a commitment i,hat the transfeP would be made. He explained abaut two weeks ��o Pat,lier Keefe approached the Council and expressed an ob,7ection and it ti7as an objection wh3dh had not be�n considered at the previous meeting and �he Counc3l agreed to hear the que�tion Uut wiehed that a11 pari,ies he present rsCher the�n ,just one side. .Mr, Plee fuither stiated,he had attempted to asaure everyone thai. all partles were present �nd iu- quired if the owner of the Moon Shopping Centei: were preseni:. The owner was not present. It w�s inquired if Mr, Howard Nelson were pre- sent. Mr, Nelson was present. Mayor Nee announced the Knzgl�ts of Colwnbus had made an application to the City for a��bottle clu� ricrmii. in the basement of the shoppin� centeT and he had also been �dviseQ the V.F.W, post might also be involved. He inqizired if there lrere d repre- sentative from the Knights of Columbus presenl.. Mr. Robert Fle�nz stated he was the attorney presen� for the hnights of ColwvUUS, Mayor Nee inquired if there were a mem6er of the Board of the Kru ghts oC Columbus present and was told there were several bonrd members pre�exit. Mayor Nee 3nquired if there were a member of the V.P.W, present. Mr. M�cynard N�elson stated he was representin� the V,F.W. It wao announced Father KeeYe was present to speak for ttie Church of St, Willlams with no- attorney, Mayor Nee explained he would possibly separate t,he niatter � little more formally then usuel because ]�e wtshed to brinc, before the City Council the question at hand and the rest way would be to have discussion in an orderly manner and requested that Father KeePe restate his objection for the City Council and tt�osc pre:,ent, Father Keefe stated that when he had iirsi. leax•ned of the possib�lity of this transfer he became concerned and felt the proximity oY t]ie church and school would be inconsistent� that his oUjecl;io�t was not only to Howie�s Ta.vern but it was to any group� the Knight;; of Colmabus or the Veterans of Forei�rt Wars, He further stated i,hey uere in oppo- sition,�o the prox3m3ty oF such a�usiness to a church an�l scl�ool and he had a very gre�t concern for the children especially and for those who would be goin� to church services, FIe explained he felt thc cliil- dren deserved consideration and he had placed in the hands oP Lhe City Council� the petitions with over 1300 signaL-ures and had aslced the help of the School Board and they had agreed with his positiori and the Mj.nisterial Association had also agreed. I�e asserted the �ec�eral sentiment in the city was in opposition �nd ib w�s true that ouLlyiri�; co�mnunities have ordinances protecting churches and schools and they were asking that the City Council� in light or these things� decline _� 1 U sucti licettse❑ and pet��,ions so that, Lhere will be a proper spae- in�; oi' Lliee,e diFFerent interest�. Pather Keefe si,ated he felt thctir posii,ian was a reasoi�able one and was not aeking any more then othc�r corrmiunities� th�t it was un£ortunate some of these busiuesses 1�aQ started befor� knowledge o� them had been obtained. Pather Y.eefe further si,ated there was a�erious sespons3bility to- wards rlu l�lren and people and they felt it would be an offense a�;ainel, i,11e cnmmunity and the people to have any kind oi an opera- i,ion of I,hic type next to a chiirch or scliool and was respectfully request,�_ng i;he licenses Ue denied. Ma,yor TdeF .�nqtaired iP Fatlier ILeeie had an,y.objection to Howard T]el,on nr to _l.he Kni ghts of Co] w}nbus as such. Father Keefe re- plicd h�� ha�d no ob,jeci,ion th¢t, was peraona7� that he had naser ]cnown D"r. PSr�7_son before, Ma,yor P1ee explained the problem was using thc land t'or this pur�ose and Father Keefe replied he under- stood. M�,yor Nee inquired if P'ather KeePe felt there would be a hazai•d, F�ther Keefe replied there was a def3nite oi'fensive ele- mPni, in so far as rrhat m3ght be seen or heard and even� the possi- bilii,y ol' de�ds that wou]d be of some danger� sights� sounds� etc.� �aauld be offensive to children p�.ssing b,y, Mayor Nee in- f'ormed ]�,31,her ICeei'e that D�r, Julkowski� owner of Moon Plaza �l�oppin� Center� h�d offered to oonstruct rencing to euit �1[a � wi�he, thal, would insulate it in some way and assuming he would cori�{.r�icf, a hlocic wa.11 or bricic wall i;hat woul.d effectively inau- ln�e 1>>^ prr_rp�r(;y aud a]eo out nec�r the rosd and keep traYiic from cul,f;in�; acTC�.,s the parking lot� z�hat would Ue the objection to such a snlut.�ou. Pather Keefe replied he would still be opposed to encki an zrran�ement: the proximity i� the objectionahle thing. L'r»m�i7man �Tohanson inqu3red 3f Pather Keefe intend�di {�o approach 1,1�� L'il.y Cowlcil rrith the pro�Lems� Fol instance� of Terry's Cl.ub nnd nolald liz� pa,rieh attcmp{, i.o have tl�aL removed by i.he prox3mity Lo 4hc� cMmch. Pather Iir� f c r�plZed� in t,hic instnncea Terry's Clul����as thcre fir�t and it is a different situation thati what tl�cy havc now, Co�mcilman Johanson st�ted i't appeared this 13cense t,ransi'er� Lcirig discussed t�nuld be issued prior to the building of Lhe �,hurch. T'ather Keete replied the land and intention was . i,liFre I'or L>>c cl�urch Uei'ore the shopping center. Councilman Llrighl, inquired if tNe proposec� main entrance to the church fared �n Glsi; or 5th Street. Pather Keefe replied it would .,. f�cr_ rfiiiv�rsity Avenue� that the first building would be a i�rrq�m°�r,y.church. Tt was sj;sted� then� the main entrance t�onld l,r t�rtw�en i;he Moon Plaza Center and i;he Shell �ias Station. T1ayrn� Ti�e ;a tal,ed it appeared the tvro principals were the owners oP t;ho land ol' St, Williams Church and the owners of the land of Mooii P]as,a 5hopping �enter but since the other principal w'as absent� t1�c C� I,y Cniincil.would liear the involvmeni; of Pather Keefe and of Mr. TiFlr.on an�1 inquired if P�Lr. Heinz� representing the Kni�bts of Cali�inl��tn� rrould care to aPc�ak. �4r. Rnl�r�rl, Tl�inz st2ted i,h�3t on behalf oi' the Kni�hts of Colwnbus I.h� ^� Ln<�tinn with re�ard to i.heir �roup was that they had signed a l�a�e znth t,he Moon Corporai,ion sometime„previous before they h�d any 'now]edge there rras any oppos9tion to either a beer or set iap licenrr in the basement of the snopping center� that when �,h�s infoim�.Lion catteto tlieir lmotaledge they ha.d found themselves �n :a vory uiienviable posi�ion and did not, wish to Ue in the middle oi' {-hi_r_ controversv. FT� further sL-ated that on behalf o£ tbe-ir member�hip� they felt they were not in a position to say� ai; +,l�is Lime� whether they should make a]icense application or not� i,}i:�{, tlic mal,ter had to be rei,urned to their membership for £urtllcr consi�eration and did iiot believe a license application hnd Ucen submiti,ed at this time. Mayor Nee replied the Police �eparLmenL�liad the application. Mr, Heinz explained he wae a memher of the Roard of Direc•tors of the North Air Home As9ociatibn� Inc.� wliich z»U t,he property owning corporation oi the Knightg of ColumUus and it wae comprised of inembers from Fridley and Colum7,ia TIei�;hts� that the nasne of thea.r council was the Blessed Virgin M�.ry Council. Mayor Plee asserted he did not know the s�,atus of the liquor permit� that it had been brought to him a w�elc or so prf�vious with the requesi, that he sign it but it had to 1 1_ �_ tae proceased through the Police Department, A7r, IIeinz repl ied tLai; to the best of his knowledge it had been witYiYield pendivg flar1.11e�° cons3derat3on� that he did feel their particular matter shoiald be decided by their membership. Mayor Nee requested that Mr. iioward Nelson state,his pos3tioii. Mr. Nelson stated he had appeared before the CiLy Council on Suly '7th and asked for permission to move�his license to tihe Moon Shopping Center because Mr. Art �hristenson didn't want to renew �is lease� l,liai, he _ had an opportunity to lease in the Moon Plaza Shopping Center� and came before the City Council to ask permission to tranefer his 1?r_en��e and it was granted; that on the basis of that he had purchasa�d n��w equipment in the amount of $7.700.00 with :�500.00 down. He e7:plained that as far as children walking past his place of business and morals connected wZth his bus3ness as Fa�her Keefe had sazd� there zaere pro- bably 200 children that walked past his place everyday �nd tl�ey paid no more attention than they uould to an empty Uuilding� that his place of bus3ness had never harmed any of the children. M<�.yor Nee �nqu�red of Mr. Nelson if he had executed a lease with the Shopping Centar and was told he had, Mayor Nee inquired if Zt were contin�ent on securing a license and Mr, 1Velson replied it was. Counetlman Johanson inquired regarding the purpo3e for Mr. Nelson moving. Mr. Nelson replied� that as everyone lrnew� you can't have a Uusiness whE:re you can't have a lease and there wa`s the uncertainty of continuiiz� in operation for a period of months and the only way to protect yous•self in busineas wae with a lease. Cnimcilman Johanson inquired why Yie had not been able to get a lease, Mr. Nelson replied Mr. Chxioi,enson had said his husineas took too much parking space and Theisen's Market and the other merchants had objecl,ed. Cotmcllman Johanson stated� then� it was not because of any trouble. Mr. Nelson rep17e�1 it was not� that his record wae clear in the Police Depari,ment. �ounci]man Kirkhnm 3nquired how long Mr. Nelson had opa+isted in his place of buainesa and was told it had been four years ago last March. Councilman Kirkham ii�quired if Mr, Nelson had considered otUer locations in the pe,st two weeks since he had known there were some ob,7ections. Mr. Pieleon replied he had met with PatYier ICeefe and wii.h Nu . Chx�ist,enson. but he hsdn't changed his mind and he did not know of any o{;har E�lare he could move to. Councilmnn Sdri�ht inquire3 if Mr. Nelson harl al.tempted. to find other locations other than Moon P.laza Shopping Center. Ati°. Nelson replied he had explored all.other possibilii,ies ¢nd d�d not know of sny other place at the present time. Councilman 4lright inquired how soon he would have to move from hia present place oF business� and was told Mr. Nelson's lease sxpixed the first of November. Mayor Nee requeated a stal.ement from Mr, Maynard Nielson r•epresenting the V.F,W. Mr, N3elson stated the V.F.W, had no lease sz�,ned with the buildings mentioned but they had the City Council's approval for a beer license and they wished to know how,they stood on this ii.�m, Mayor Nee inquired.if Mr. Nielson's �roup intended to go into the Moon Center and was told the answer was "yes and no} they didn't know"� that they were before the City Council this past :�pring for a beer license. Councilman Wri�ht inquired ii' their lease was caritin- gent on the liquqr lice�ise, Mr. Nielson replied it was. Mayor Pdee inquiredt3i Mr. Nielson thought that both i,he Knighl,s of Colunibu� and the Veterans oi Foreign Wars would be in the same location. Mr. P:ielson replied 1he doubted_ it� that they had no lease. Councilman Wright inquired if they had considered any otkier locatzons and was toZd they had iound nothing to,meet�their requirements, blayox•TJee was told it was true they i,m1d also have bin�o and a boti:le c]uU. Mayor Nee explained he had been told by the City Manager they had Ueen told by the C3ty Council they wpuld be given their answer wLen the i'acility was available but the liceuse was not execui.ed. Mr, P1ielNon replied this was correct. Mayor Nee announced that since everyone had come to the Counc;� meetin�� the City Council would like to hear cotmnents on�this sul��ect �nd trould oppreciate no repetition and requested that everyone ident�f'y themselves before speaking. , _��� Mr. J�mc; �,tibUs si.ated he rrlshed to inform {,he City Cauncil he was presid�nt, oC the C.C,D. Board of the church and their enrollment for cn l,crhi sm cl�s �e� £or {,Yi,i s i'all would bc over 122F3 ch3ldren and i,h�s w.i^ an incre�se o£ over 300 from the previous year. Councilman �dr�E;1�L Znquired if the cl�sses were held on Saturday mornings and w�c t.old they yrerF but when t;he school was built� they would be held a11 day and they would continue throughoui, the day and evening for the hi�h Echool pupils, Mayor Nee inquired_ii' there would not be a rc�7e�se -Lime and was to].d i,hey were hopin� For th�t but did not know at thls tJme� {,hat, as it was i7ow they would have students going almost every day oP the week� a71 day long. Mayor Nee sta.ted� theny the im- mediai,e future would be high school students in the evening arid the �;radc �;cl�ool students on Sa{,uxday and was told this was so. CounrilmaaiI:irkh�un stated•he was in deep sympathy with Father Keefe and t}iose wlio were supporting his cause and would like to do all in h�s power l,o help this cause but there were two sifles to this question and so that everyone uould better understand his position� he was a be�toL�iler and never thonght he would help establish a tavern anywhere,, Ilc ex��ln�ned i.h�t� ].00lcin�; �t this problem from both sides �nd atudyin�; Lhr_ qncstion i;horoughly, man5� years ago the citizens chose to allow t,hc consumption oi' liquor and the system was adopted and rules and x�egul_ataons were written into the law� thai,� up until now� it was adequt�t! , Hc Furi;her explained tkie tavern in question has been ]� c�nGed encl operating for Foux' years ��ithout complaint� that i,f Lher� had heen any vtolabion� the owner's license could have or ' would ha�re been revolced or his applicat3on £or a move would have becii rlr�ni�d. Counci_lman ICirldiam asserted he could see no legal way �I' not �;raxlt,ing thi� permit to move� that anyone could make cl�ao€=,es or amend 1a�rs but the,y could not amend them to suit their ororn F�tirno�cs. I�e explainec3 that under Item in of the,�Agen$a there was the Ucganning of an ordinance to be offered tonight and this.was tn resl,ricb the location o£ any tavern and any other means af sales o£ a,lcoholic Uevera�es in or near churche� or schools and he woul.d be w�llin�; i.o worlc with an,y �roup who wanted i.o do away with it entirely. Counci7man ]C�rlcham stal',eQ no ex3sting laws z�ould allow anyune to prcahib�l, this request� that the,y could in�ist the shopping center Ue stirx•ounded by a high wall fence and this screen would proteet , tlie children probably much more then they are currently hei'ng protr_cted; in his estimation there was no question of the moral issue but-tlie esistin� laws and ordinance would make it impossible to prevenL the moving of this tavern. Father 1{eefe inquired oi Councilman ICirkham that he had been told l;herc wou.ld Ue nothing ille�al that is withi_n the power of the City Cotmcil to deny a request £or a license� that he could not qui.te under- stand his reasoning that l�e would be acting �lle�ally� Councilman I{irkham rep7.ied they c�ld take•a vote and deny this request hut th�,y d id not lrnow if the,y cou].d .make it in court� that this tnan , ha� a license anr� all he is asking is to move this place of business Crom oiiP a�dress to another. Father Keefe asserted the mere�fact he had bo aslc rroixld surely mean they'could say "no". Councilman ICirl;lzam replLed tl�ey could say no. Pa�.her &eefe asserted there were very serzous considerations for the welfare of the children. Council- man ICirkham replied it would be easier to defend his position if the church had not selected pro�erty next to Terry's Club� that if the City ��ou1d have had an ordinance governing this type of.thin�� the church wotild have b�en embarassed bccause they chose a place that was within these t,ounds reCerred to� that the ordinance he had requested the City Atton- ne,y to draw l�ad to Ue narrowed down to 300 feet because they would be emUaracsed in making it 500 or 600 feet. Pai,her KeeCe inquired what would happen if some other tavern operator oslced i.o locat,e in the shopping cent>er. Councilman Kirkh&m replied he hopc�d that their ordinance would be tn effect then� that if they could adopt, it i,his ni�ht on ite first reading� they could hold off any ni,hcr tavern £rom coming in but they cauld not touch Howard Nelson l�ecause he is licensed. Father Keefe inquired how much time remained on P4r. Nelson's license. Councilman Wright replied his preserit license is longer then his present lease. �'he City Manager statecl at zutld run to Ma,y lst. P'ather Keefe inquired ii they would he abl� at th�b time to deny his renewal on the plea of impropriety to r_hurcli nnd achool. Ma,yur Nec replied in the one instance Father YecCP vas Lal.king about grantin� a licen�e yrhich is a privilege en individual has and the City CoLmcil co�11d not be arbitrary� that it r�,-�s coiiceSvaUle whether or not they coixld deny Mr. Nelson's i � �� license and it appeared to be consi�lerab,ly more legislative descretion thatr concerning the zoning ordinance. Mayor Nee explained the zoning ordinance was based on the police po�er concerning several thin�s and prior planning by the city concerning sewera� etc. and when liceneing is talked about there is a possibility of denying and the license could be denied on the basie of location but the City Council would then have to deny the same license at any address. He explained the zoning side wae diiferent and relates to the rights af the property and it is more astringently boxed in. Father Keefe replied he still felt it wae within the power qf the City Council ta deny the request, Mayor Nee explained it was within their power�to deny the license to operate. Mayor Nee stated he thought this City Council could deny renewa.l of a license and if it were arbitrary, they would have to demonstrate they had some reason to� that, generally, the City CoundL is in a fairly good position to win that but when you deny the use of land provided under the Zoning Ordinance, it is a difficult �ituation. Father Keeie inquired if an ordinance were passed, would it mean Mr. Nelson would have to move at the terminat3on of his license and inquired if there would be no protectian for a church or echool. Mayor Nee replied the beet protection is a zoning ordinance and they expect people to make their investment accordingly, that the other schoola have secured their property in areas that are reeidentisl and i,his is the beet protection� to use the zoning ordinance just as everyane else does. City Attorney Smith explained the power to license a tavern ie one of policy for the City Council and they could deny a renewal if they changed the scheme of things but� they Y�ave to apply the rvle uniPormlg� that you can't pick and choose and apply rules to diYferent areae and the City Council does have a good deal of power in terme of controlling the liceneing. He further explained that many of the eefeguarda that a property owner has under the Federal Conatitution do not apply when you get down to the liquor and beer husineee and you are then taken care of by State Law� that his ,7ob was to interpret or do whatever the City Council decided was policy and some decieione are easier to make then othere. Father Keefe replied he could not understand how they could overlook the church and echool when there,ie so much preeedent set in eurrounding communitiee� thst it seems like an injuetice to the people who are trying to raiee children for good things and it is unbelievable it could juet be didregarded. Councilman Wright explained there was a limitat3on in this senae and that is the same zoning position, that a property owner- must be protected against another person moving into hie zoning area and making use of a law juet to evict him and ih e areae where the echools chose to locate were carefully picked so they would be free. Msyor Nee asserted that every member of the City Council wanted to work out the problem to the eatis£action of both partiee but the queetion oi whether or not they could paes an ordinance to modify the ordinance and remove from th� zoning ordinance property rights needed to be worked out by the attorneye and by the mxrta. lie further etated if they hsd had in the zoning ordinance bars nnd taverne by apecial vse permit� there would be no problem and the City Council is authorized to�ke into conaideration the thinge they hsd raised thie night but hie explanstion wae the baeis on which the land was developed. Father Keefe inquired if the ordinance referred to could become a real3ty. Mayor Nee replied it could and they could say bars and taverna had to be under a specisl use permit and if a person gives up auch a license or permit they no longer have a non-conforming use right. Councilman Kirkham etated that a gentlemen previously had mentioned the sale and .consumption on other church properties end inquired of Father Keefe if there wvuld he anything like thie ever done on his church property. Father Keefe replied there certainly would not be in .the light of what had happened. Councilman Kirkham asserted he had sedced the queetion because the proposed amendment to the ordinance he was sug�esting eays "no beer or intoxicating liquor will ever be served on any school property." i14 Mr. Tom Greig wss present and stated he was the Co�snder of the Veterans of Foreign Ware in Fridley and they had applied for a license to operate bin�;o and it would be much closer to the place that ie under dicussion at this time and would hope� as they have the permiseion to go ahead with it� the City Council would not� at this time� decide that they are going to rescidd previoue motions to the effect that the Fridley Veterans of Foreign Wars cannot operate in that ehoppin� center. He further stated he would aleo like to eay that in v3ew of the fact i,hey were talking about liquox, that 3.2 beer is not liquar and all the City Council realizea this� the City Manager and City I Attorney, that is ie not recognized ae liquor by the State Liquor Control and did not think they should even be talking abont liquor. Mr. Greig stated he wished to say, at thie time� before their licenae was denied, they were going to have their opening out oY the back of the shopping center and there was only about 40 feet that would separate them and wanted tb know� at thie time and be able to tell hie members the City Council ssys "no"; that thie would be the eame th�ng they were arguing right now and the Knights of Columbne already had received permission to go in next door to them. Councilman Sheridan etated he had received a number of calls of which he recorded four different names� that he had received aix or seven letters of which some were not me�ers of the St. Williams' parish and one was from a mini�ter of another denominatinn. He further atAted the city had given Mr. Nelson e verbal commitment whether it wr3s ri�ht or wrong and by doing so he had expam�ed a certain amount of dollare, thet if thia City Council elected to deny hie request he would be some $500.00 out of pocket and would think Mr. Neleon would have a legal claim against the city. It wae explained by Councilman Sheridgn the ead part of this claim would be that 1t would coet,him more to collect then the sum he had expended and thie ehould be part of the conaideration. He furth�r explained that prior to thephone calls and lettere he had made up hia mind as to how he would vote on this iasue but had not thought it would be an iaeue such as this. Councilman Sheridan aeserted the petition presented this night� he i was certaln� wae not all of the parishonere but other reeidente within � the community� that some of the calls he had received were for thia and some were against it. It was expleined Mr. Nelson had been one of the better operators of this type of establiahment within the city and as long as this council had given 3ta verbal word without any prior knowledge of any concern of any group��thia Wou1Q have to be considered before they mede their dec3sion� that it w9e not a decision they wanted to make but theae facts ae he had brought them forward ahould be conaidered. The following persons spoke in favor of the establiehment owned by Mr. Howard Nelson - Mr. John Winters� Mr. John Erickson� Mr. Frank Liebl, Mr. Nick Heffner, Mr. Paul Iting� Mr. Tom Greig. The following personaspoke in favor of Father Keefe's request - Mr. Joseph Brunkow� Mr. Bob Johnson� Mr. Bert Ellis� Mr. McLaughlin� Mr. James Gibbs, Mr. William 2aic, Mra. Harry Manley and Mra. Kavchar. Motion by Wright to adopt RESOLUTION #15�-1964 stating that in view af the petition the City Council has received and the expreseion of public attitudee, it is the policy of this Council that it will not permit the conduct of any tavern or bar busineae in the land described as the Moon Plaza Shopping Center, Seconded by Sheridan. Council- man Wright explained he wiahed to point out thie was not conceived to be a solution to the problem, that it was a responsible act but had the effect, in his opinion, of leaving the option Qpen for,a continuation of the matter in court �here it belonged if the parties involved choose to take it there. Mr. Greig inquiredif thie meant that the V,F.W. cannot conduct s post in thst building. Me.yor Nee replied Councilmah Wright had exp].ained the righ�s in queetion are zoning rights and the burden would be on the ownere oY the shopping center and the courte whether or not they could lease to the V.F.W. It was inquired if thie would rule out any service clubs or V.F.W.� in Fridley. Mayor Nee replied� as it stood� bar businesa and did not know if that included anything about clubs. Upon a roll ca].1 vote for the adoption of Resolution #158-196b thoae voting aye� Nee, Wri�;ht� Sheridan� Kirkham. Opposed� Johanson. Councilman ��� Johanaon explained he had been opposed to the motion because the City Council wss ac�ing out of turn. The motion carried. SECOND READING OF ORDINANCE #283 AMENDING CHAPTER 45: Mayor Nee announced for Council conaideration the second reading of an ordinence relating to trailer perks. Motion by Wright to consider as second reading� adopt �nd publieh Ordinance #2d3 which is an or- �- dinance amending Chapter 45 oi the City Code of Fridley by providing for a district khoqn ae R-4 Diatrict and repealing Section k5.14 I Subdivision 13 of the City Code relating to Trailer Courts. Seconded by Kirkham. Upon a roll call vote� thoae vating aye� Nee, Johanson, Kirkham� Sheridan, Wright. Those voting nay, none. The motian carried unanimously. SECOPID READING OF ORDINANCE #28%} AMENDINC CHAPTER 45.12: Mayor Nee announced for Council coneideration the second reading of an,( ordinance which amends the zoning ordinance and establishea provlatEOn �or the open air sales of trailers� etc. Motion by Sheridan to coneider as eecond reading� adopt and publieh ordinance �28� which ia an ordinance amending Section 45.12 oi the City Cod� of Fridley by providing Yor an open sales lot for trailers� campers� mobile homes� boats� machinery, sporting equipment and the like. Secondecl by Johanson, �Upon a roll call vote� those voting aye, Nee� Wright� Sheridan� Kirkham� Johanson. Thoee voting nay, none. The motionccarried unanimoualy. SEGOND READING OF ORDINANCE #285 AMENDING CFIAPTER 1�2; Mayor Nee announced for Council conaideration the second reading of an, ordinence which establishes higHer minimum per trailer square footage. Motion by Wright to accept as second readin�, adopt and publiah Ordinance �285 which ie an ordinance amending Chapter 42 of the City Code relating to trailer parks by adding thereto a sec- tion establishing certac.n etandards ta eupplement the requirements of the State,iStatutea. Seconded by Johanson. Upon a voice vote, there being no nays, the motion carried unanimously. SECOND�READING OF ORDIIdANCE #286 AMENDING SECTIONS 49.045 AND 49.052: Mayor Nee announced for Council consideration an ordinance relating to multiple dwellinge as amended. The City Manager explained t,o the City Council the ordinance requirea permite and entrancee on premiaes and also hae s fee for consideration. Motion by Johaneon to amend previous ordinance in the manner shown on pagea �+2 and 43 of the Agenda of August 17� 1964 on file in the oifice of the City Clerk eetsblishing a$10,00 per unit rate per minimum fee and $1.00 per minimum over $10.00� accept ae second readin�;, adopt and publiah Ordinance #2£J6 relating to multiple dwellings� and amending the City Code of Fridley, Minnesota 1963, Sections 49.045 and 49.052 there�f. Seconded by Kirkham. Upon a voice vote, there bein�3 no nays� the motion carried unanimously. NEW BUSINESS: PLANNING CONA7ISSION MEETING MINUTES, AUGUST 6, 1964: PRELIMINARY PLAT �(�F-1�V�.�4DON'S 5TH ADDITION, D. L � 1� Nla,yor Nee announced a preliminary plat of Don's 5th Addition for Coun�31 coneideration. The City Manager read to the Ctty Council the recommended npprov�l of the Planning Commiesion. City Engineer Qureshi presented sketches. Councilman Sheridan inquired if Garfield Street wae the street thni, they were interested in previously snd wae told this was correct. Motion b,y Johanson to concur with the recommendetion oi the Planning Commission and set a public hearing on the proposed Preliminary I� Plat #64-1�f, Don's 5th Addit�on� D.L:.Andersan� Por the South 387.36' � of NW 1/4 of NE 1�4 of Section 12� except that part platted ae G3deo's J Addition. Seconded by Sheridan. Upon a voice vote� there being no naya, the motion carried unanimously. H�ARING: PROPOSED PRELIMINAR� PLAT #64-13, INNSBRUCK 4th N. ACRES. INC.: BOUNDED ON EAST BY ANOKA COUNTY LINE. S0� The City Manager explained to the City Council the developers had not been able to get the plat drawn and said it would be satisfactory to continue the item to August 24th or August 31at. SPLPP REQUEST: L, S. #64-19, MRS. FLORENCE SWANSON:'IA7 The City Manager announced the lot split reruest by Mre. Forence Swanson for Council consideration gnd read the reco�ended approval of the Plannin� Commisaion. Mayor Nee in;uired if there were a street on the North aide and wae told there would be e d4dication if and when it wae needed. Motion b,y Johanson to concur with the recommeddation oP the planning Cammission and grant the lot split requeat� L. 5. #64-19� by Mrs. Florence Swanson on Lots 24 and 26� Avditor's Subdivieion #103, the motion to include a letter of intent to dedicate 33 feet ior road purposes, Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. ' LOT SYI,IT REQUEST: L. S , PARKVIE:W MANOR: LEROY REGEL: LO' The City Manager read to the City Council the reco�ended approval of the lot split in question and then explained the area involved. Mation by Sheridan to concur with the recommendation of the Planning Commission and grent the lot split request, L. 5. #64-20, by LeRoy Regal� on Loi,s 35 and 36� Block 4� Parkview Menor. Seconded by Wright. Upon a voice vote� there beitg no nays, the motion carried unanimously. LOT SPLIT REQUEST: L. S. �64-18, MARIE PUCHTEL: LOT 13, BLOCK 1, HORIZON HEIGHTS: The Cii.y Manager read to the City Council the reco�ended agproval of the Planning Commiseion and explained the lot had a elanting line to clear a houee in the area and gives a 70 foot frontage with 80 feet on Lincoln Street and it is not a good description; that ior purposes of discuaeion he had the line deawn straight. Counc3lmsn Wright inquired what the vertical line was and was told it was the old lot line. Councilman Sheridan inquired-if thie lot faced Weet and was told it did. Mrs. Puchtel atated it �rould be cloae to the house. The City Manager stated thia wou�d give a s�raigtit line so that the legal description could say the South 73 feet and be a proper description o£ the lot. Mrs. Puchtel replied it would still be 5 feet from the corner of the house. The City Manager asserted the Planning Commisaion would prefer the legal deecription be done' in the manner he had explained, that they were willing to recommend the �1� aplit the other way if Mrs. Puchtel dddn't go for it as he had explained. Mrs. Puchtel etated ahe would have no objection although ehe had a biayPr who would care for the frontage and didn't know if he would approve�of the chsnge. Mayor Nee inquired how close the sale was to closin�. Mrs. Puchtel replied it was�sold. The City Menager explained how the lots could be eplit e.nd their description and etated that� depending, on the cornera it might take another eurvey. Councilman Sheridan asserted the lote to the South do�� have meets and bounds descriptions and this was West of the water tower. Motion by Sohaneon to concur with the recommendation of the Planning Commiasion and grant the lot eplit request, L. S. #64-18, Marie Puchtel for Lot 13� Block 1� Horizon Heights. Seconded by Sirkham. Upon a voice vote� there b@�.Rg no nays� the motion carried unanimously. SPECIAL USE PERMIT: TWO DOUBLE BUNGALOAS IN R-1 DISTRICT: LOTS 27 THRU The City Manager read to the CtCy Council the recommended denial of the Planning Commiesion and presented materiels thraugh, the Eoard of Appeals and etated it would be the decision of the Ci�y Attorney wh�'ther the City Council should hold a public hearing. City Attorney Smith replied if the property owner'requeeted a public hearing� one ehould be called, The City Manager e�cplained if the City Council would deny the request he would write a letter etating what had been said to Mr. Miller. Motion by Sheridan to concur with the recommendation of the Planning Commiasion and deny the Specie�l Use Permit request Yor two double bungalowa in R-1 Dietrict, Lots 27 through,�0, Block 16, Plymouth Addition (4$75 and 4595 - 3rd Street N. E, by Richard Miller. Seconded by Wright, Upon a voice vote� there being no nays� the motion carried unanimously. MIIdNE50TA STATE':AID STREETS: The City Manager read to the City Council the recoumiendation of the Planning Co�iasion end Streets and Utilities Sub-Co�ittee recommending the designating of certain streets as State Aid Mileage and explained that by designating it didn't mean they would ever have to be State Aid roads but would bring them up to their quantity of Stste Aid Mileage. City Engineer Qureshi presented mape of the aresa involved. The City Manager explained the City Engineer had strggested that� if poasibly they coEald designate 7th Street irom Mississippi to 67th as a S�ate Aid street it could also posaibly be done and that mileage would be deducted from these listed. It was explained thie emall atretch of road is difficult to assesa and they could make their motion to adopi, these roads p�ts 7th street, City Engineer Qureshi explained that in January of the following yee.r they would he.ve more state sid roads coming so they could add what they were suii�rabting. Counci,lman Wright indicQted he could not be in approval of anything that would defer 1F9th� that this road had been in need longer than Hathaway and 7th Street, City Engineer Qureshi explained that what he was saying wae that they wauld not delsy the improvement but they could asaign more mileage down in other aTeae�aleo but they should be improving 7th Street and should have these ready for the beginning of epring. Councilman 4lright inquired ii that would delay 49th Avenue and was told it would not. Councilman Wright explained they did n0�b want to wait on the option the County might want to make 49th a County road. Councilman Sheridan etated he felt Hathaway Lane should be the last road to be considered. City Engineer Qureshi explained they wouldn't be building any roads regardless until spring� that all they were talking about was so msny f'eet and so much mileage� that at the time oP improvement they could rhange it and they had to aeaign from one main road to another main raad. �� i � Motion by Wright that the Cit,y Council concur with the reco�endation of the Planning Commission and 9treet and Utilities Sub-Committee and recommend the fo.11owing streeta be designated as MSAS: 49th Stxeet from University Avenue to Main Street (County Road �102), iIathaway Lane from Central Avenue (County Road No. 35) to Matterhorn Drive (trtsas #313) and 7th Str�et, Mississippi to 67th 3treet. Seconded by Johanson. Upan a voice vote� i,here he3ng no nays, the motion cariied unanimouely. SOARD OF APPEAIS MEETING MIrIUTES, AUGUST 5, 196�: PUBLIC HEARING ON APPLICATION FOR A VARIANCE OF FRIDLEY. MINNESOTA' 19 �- SY WANER OF SIDE The City Maneger read to the City Council the recommended variance by the Planning Commiesion and stated the reason for the re^uest wea that the ordinance says there is suppoaed to be 10 feet on the aide yard and 5 feet for a garage� and Mr. Preekett had 8 feet but ie going to put the dinin� room on top� that h�:.is at present in the hoepital and a neighbor was here tonight to represent him. Motion by Kirlcham to concur with the reco�endation of the Board of Appeals and grant the request for a variance from Section �F5•23 of the - City Code of Fridley, Minnesota i963 by waiver of aide yard requirement from 10 feet to 8 feet to permit construction of a dining room in present garage of the existing structure on Lot 11� Block 5� Bennett Palmer Addition, Anoka County , Minnesota� same being �8�1 -�+th Street Northeaet� request by John D. Preekett of 5821 - 4th Street Northeeat. Seconded by Johanson. Upon a voice vote� there being no nays� the motion carried unanimously. , LEAGUE OF WOMEN VOTERS : PI�ANNING Mayor Nee announced a communfi¢ation for Council receipt from the League of Women Voters re�arding planning and the hiring of a part-time p].anner. Motion by Johanson to receive and file the communication from the League of Women Voters ur�ng the appointment of a planner. Seconded by Sheridan. Upon a vaice vote� there being no nays� the mot3on carried unanimously. LEAGUE OF WOMEN VOTERS: RECREATION: Mayor Nee announced a covm�unication ior Council receipt from the League of Women Voters regarding Lhe recon�ending of the hiring of a full-time recreational director. Motion by Johanaon to receive and file the co�unication irom the I.eague of Women Voters recon¢nending the hiring of a Yull-time recreational director. Seoodded by Wright. Upon a voice votea there being no nays� the mation carried unanimously. RAMSEY AND ANOKA COUNTIES: STIIVSON BOULEVARD Mayor Nee announced a letter from the County Engineere oP Rameey County regarding Stinson Soulevard. Motion by ICirkham to receive and file the letter from the County Engineer of Ramsey County regarding Stinson Boulevard. Seconded by Sheridan. Upon a voice vote, there being no nays� the motion carried unanimously.� 4 �I � li� Motion by Johanaon to receive �nd file the certified copy of a resolution received from Keaneth W, Campbell� Anoka County Auditor regarding Stinaon Boulevard. Secmnded by Kirkhem. Upon a voice vote� there being no nays, the motion carried unsnimously, hIINNESOTA HIGHWAY I�PARTMENT: SCHEDUL�G OF T. H. #47: Mayor Nee announced a co�unication i'rom the Minnesota Highway Department � regarding the letting oY work for Trunk Highway #47 on October 16, � 196k. Motion by Johanaon to receive and file the communication from the Minneeota Highway Depart�nt regerding the letting oP work on October 1�� 1961F for T. H, #�+7 north of Interetate 694. Seconded by 5heridan. Counc�lman Sheridan requeeted the City Manager read the letter aloud. tihe City Manager read the announced letter and atated they didn't have ell oY the facta and Yigures ae yet on relocation of utilitiee� etc.� but they would be forthcoming. Upon a voice vote� there being no nays� the motion carried unanimously. FIRE DEPARTMENT: AhffiULANCE SERVICES Mayor Nee announced a co�unicat3on for Council consideratian irom the Fridley Fire Department which expressed concurrence of a proposal of an ambulance service. The City Manager explsined to the City Council North Memorisl Hoapital would be willing to pay $1.00 per day for the epace and provide a desk and chair which would then become the properi,y of the Fire Department. Councilman Wright etated they should meke aome attempt to integrate with the proposed hospital and they should be looking aklead to providing and ehifting the arrangement to the new hoapital to be built in Fridley. Mr.' Robert S. HUghBS � Chief of the Fridley Fire Department stated the ser- vice would teke anyone to any hoapital they wished to go to. Councilman Wright replied ae to the North Suburban Hospital Dietrict it should be clear the policy of thie council would be to shift the services. Mr. Hughea etated the Police Department uaes,the Memorial Hoepital because they are the cloeest and the beat aervice. Coun�ilman Wright aaserted that� for the future� they should be only thinking of the proposed hospital and that thie service would not laettoo long. Mr. Hughes replied they ahould have a contract for a year at a time and the hoepital wpuld have two men in attendance but don't plan a 24 hour ser- vice at the preaent time� that they would put in a private telephone line which they will be payin� for and they are the emergency hospital in the area. It was explained the time lag is so great Yrom North Memorial Hospital it would eave more then 15 minutes on a call. Council- man Kirkham inquired of Mr. Hugttes if they wanted an option to renew the contract and wae told Mr. Hughes thought so. Mr. Hughes explained this ambulance would serve Spring Lake Park� St. Anthony and all other surroundin� subur6s. Mayox Nee expleined for those present this was a praposal of the North Memorial Hospital to st�tion anaamUulance at the Fire Department and the ambulance would take anyone to any hospital in the 'Pwin Cities area and would pay $1.00 a day for facilities rental and there is a leti,er reco��nding this from the Fridley Fire Department. It wea explained thie service;to the people would not be free, it was just i.o provide �n ambulance faster. Motion by Wright to concur with the reco�endation of the Chie£ of the Fridley Fire Department and auti�orize the City Manager and City Attorney to execute an agreement with the North Memorial Hospital for an amhulance service. Seconded by Johanson. �pon a voice vote� there being no nays� the motion carried unanimausly. HANSEN COMPANY: AUDIT: Mayor Nee announced a co�unication from the George M. Hansen Company regarding the 1964 Audit. � �� D4otion by Johanson to retain the services of the George M. Hansen Company for the 1964 Audit of the City Accounts, Seconded by Wright. Upon a voicervote, there being no nays� the motion carried,unanimously. � , r . CITY ATTORNEI 5S & S #24: Mayor Nee unnounced a communication"from the C2ty Attorney Smith re].ative to t,he assessment for the M& 0 Pape�-Company. The City Manager reported that rieqardinq the last paragraph of the letter askin� the matter be placed on the agenda and Mr. Comstock be notified to make a study and I I report, had been done. The Finance Director stated he had not receive$, J i.he information requested from Mr. Comatock, consulting engineer. The City Manager explained to the City Council they could have the necessary resolution and whatever ie necessary ready for the next meeting if they recei-ved the needed information. . _ Motion by Johanson to receive and flle the,�communication from the City Attorney relative to Improvement Project SS 24 and S 24. Seconded by Wri�ht. Upon a vdice vote, there being nocnays� the motion carried unsnimousl,y. . ERICKSOPI: PRIVATE ROAD: ti'he City Manaper explained to the City Coun�il the propoaed requeat was unusual and was smiething only the City Council could decide� whether someone could put a private road on a public right-of-way but that the , re5idents were inf'favor of it. It was further explained the residente are not askin� for maintenance, snow plowing or anything, and there is only a 32 foot easement. City pttorney Smith stated that once Che road is in and if the city maintains it� it becomes a public road� that thia is really one half of a road and services three or four houaes and they want to use it as a public driveway� that the City has taken a position in the past that unlesa there 3s a d�dication they do not have a atreet and the residents are informing the Ctty this 3s what thCy want to do. � He explained t}te City should be careful tiot to make any public e�cpenditure � on this road becauae if they�ldo it becomes a public road� that it ia like an alley not vacated and not maintained but does serve a particular purpose. 'Che City Manager stated if the City Council wished to concur� the City Attorney could set up any araangement for a baeie of the residents be3ng allowed to do this. Councilman Johanson inquired if it wpuld be satisfactor,y if the City Council merely indicated they don't have any objection to this road. City Attorney Smith replied�ify through habitual public accese� it became a public road the City Automatically acqu3red it but that it is not an sutharized road and would be proper to have the City Manager inform the residente the City Council�has no objection to their developing it. Councilman Sheridan atated the change of any p,rade would change the water flow of aome of the properties to the East and the City would poseibl•y be liable for it� that the Ci� could possibly show the residenta how to ahape the atreet on an informal baeis. �'ouncilman Kirkham replied it would be safer to indicate they hsd no objection. ' Motion by Wri�ht that the City Council inform the ownera of Brookview Lots 6, 7, E�-1 they have no objection to their propoael to construct, maintain and use a private access road on their eesement of the Northerly extension of Channel Road. Seconded by Kirkham. Upon a voice vote� there being no nays, the motton carried unanimously. VISITORS: Mayor Nee inquired if there were anyone preeent� not lieted on the Agenda� who wiBh�d to be heard at thie time. Mr. Tom Greig was present and stated he wanted to know what the City Council besed their opinion on to deny a business in Fridley� why a tax paying busineae in Fridley was denied a license that aaae'already issued, that he knew a lettar was written of request. Mayor Nee replied there had been a lot of argument on the matter at the be��vning of the meeting. Mr. Greig replied that as a t$x payer of Fridley he Wanted to $now. Councilman Wright replied the reeolution that hsd heen pasaed was self- i I ' _� , explanstory and gave the reasons. Mr. Greig stated he was trying to find out why� when a license wae iseued snd the person wes informed he could move, tonight they rescinded iheir action. Councilman Wright, replied Mr. Greig was in error� they did not iseue � formal license und neither did they reecind any action� there wss no formal license iseued in this case. Councilman Kirkham explained Mr. Greig's first question was anawered by the wording of the resolution and regarding hia eecand question the man's licenae was not taken from him and when he asked fo� permission to move they had eaid there was no objection at that time which didn't give him permiseion. Mr. Greig inquired where the permiaeion to move was gra�ted. Councilman Kirkham replied he was not aware that they had given him permiesion to move� they hsd eaid they t�ad no objection at the time but it wae indicated they would give thia further consideration. Mr. Greig aseerted there was no conaideration in the letter. CONSIDERATION OF 1965 BU➢GET: Mayor Nee anriounced the coneideration of the 1965 budget. The City h]anager explained to the City Council there was a request from Local #49 in which they ask for additional informat3on over what originelly Was set out in the budget for the Streete and Utilities Department. He further explained the increase`that the City Council tentatively approved was s 2� increa�e which was �he �5�•00 for the lead man� etc.� and their requeet for the lead man Woul,d be 7 7/89� as ageinst 2�. It wae indicated by the City Manager �here are 21 communities that meet with thie union, that he had mieeed the first meeting and it wae ssked, at that time, for a 6y6 incFease and a co�nittee had met with the union and sa id they would return to tYe 21 adminiatrstore and had with a$-1�2� figure� that the manegers and administrators had met and couldn't arrive at an agreement and thie request from the union had more than doubled. For purpoees of diecussion at wae expleined thet since all oi the employees have varied increasea� if they were raiaed 2'�i and if the City Council were to consider �oing to 3�, it would mean an additional 1� for all the employees and it would be abaut $2000.00 more on the budget� 3-1�2$ would be $3000.00 total increase in the budget and theae figures are even beyond what this union has asked for 3n June. The City Manager explained the other material in the letter received he did not eover bvt since it wae mentloned he had given them s copy of the letter at thie time. It was further explained that Fridley had not declined in ratio with the 21 communities and they would aleo get 2 to 3-1�2�, reco�eriding wk�at they uill want their councils to act on. Mayor Nee inquired if it was the CLty Manager's suggestion� eince he received this co�unication on June 8th, of recom- mending againet this increase. ,The City Manager replied the requeats would come up separately ae they were not a dollars and cents provision but he aould certainly never reco�end this kind of an inc�ease as ii, was greater than anything they had �ver done and since the unions did seem to feel they could accept 3-1�2�, at the time it was presented, he would say if the City Council so wished, the budget could be changed to 3 or 3-1�2$. Councilman Wright requested the City Council hesr from Mr. McClellan of Local #49. Mr. McClellan aeserted that what the C3ty Manager had explained was correct. He stated that ior the paet three yeare hie local had been representing 25 suburban co�unities and ha� in the past seaected a co�ittee oi managers and had a series of ineetinge with them and up until thie year they had been sble to get together. He explained they had approached the menagers and met with a committee of them on July 8th� that tktey had� in turn� met on July 22nd and he hsd met again with them on July 30th. Monthly e�1Br�ea wiehed for at that time were Qiven as $640.00 for hesvy equipment� $540.00 for light equipment and $500.00 for labor and Mr. McClellan explained they had tried and did substantiate these rates and Purther explained all the factore involved including insurance� compensation� etc. He further stated negotiations were carried on and the managere did recommend 3-1�2`� but that on August 7i,h, the managere had rejected the recommendation of their committee of 3-1/2�,. It wes explained by Mr. McClellan they had met with their membership and told them the managera had not reached a recomme3dation. Mr, McClellan aeserted they did contend some people are working out of clasaification and it was indicated there was some consideration to 6e given but the adjuatmente to be considered had not come through. He explained all other ��l 1�� communities pay their mechanice thesame as a heavy duty operator and stated they had actually agreed with the managere onse.laries. He further explained he felt it should be the policy of each municipality to pay their employees a prevailing wage and the managere did cQmpute the value of fringe benefits and the average co�unity paid 17.2� rrage bene£its, in 1964. A ealary survey was conducted and it wae reported� he stated, a medium rate of $605.0o a month was paid for hea�ry duty operators� that the wage ecale ie val�d and in line with what ie being paid b,y prieate induetry. It was explained by the City Manager the city emplvyees� particularly in the Public Wonks Department, do and can pick up a tremendoua amount of over�3me and the argciment would be that ie not part oP their pa,y but they do�have the advantage of overtime over anybody in private enterprise� that the City ia forced to this and it reaulte in s good yearly salary. The City Manager further explained there ie also paid vacation� paid holidays and other fxinge banefite. It was asserted by the City Manager Fridley is in an unenviable position� ae they are the first municipality to make a d�cieion before other co�unities� that the union wants all 21 communities to be the eame and they �ad sincerely t,ried to go along with the union as three yeare ago Fridley was the leader in all categories. The City Manager atated he felt Fridley had tried and made some of the more rapid and_larger increasea in relation to the other corrmiunitiea. Mr. McClellan replied this was true and it had been Yound that the wages in the 21 communities were close or identical but it was their intentian to do their utmost to maintain it this way. Councilman Wright inquired if they had reached an agreement with the City Managera in matters of sick leave� etc. Mr. McClellan replied they had not� that it Was something the communities had always been reluctant about, that eome of the co�unities had indicated they wanted to add vacation and beneYits. He explained Edina's manager had indicated other man#�gera were thinking along the same lines. The City Manager explained that aome months previous he had requested the City Attorney.d�aw up some o� the fringe benefits. Councilman Sheridan inquired how the imcome of an operator compared with an operator in private induetry. Mr. McClellan replied he had made a compilation of this and explained they work a 35 week year aut of a 50 week yesr and their annual salary in 1964 was $8,55a.25 whereas the actual salary in Fridley would have been about $6�884.00 withaut overtd,me, plus benefits and the private operatore would have 2-1�2� less wark time. OtTier fringe benefit� were,explBt�led elsoy a�d the'Yact the municipal employee pays',2-3�8,�'more inaocial security, Mayor Nee lnquired if Mr. McClellan couldn't meet with the City Mana�er and return to the Council floor someth3ng they could act on� tk�at they mi�ht also incorporate the discassion of clasaification 3Y they wished and retiarn t,hie at the next regular meeting. There wss a queation raised by a resident on the debt service item for $$1�OOD. The Finance Director expla3ned the sewer and water main syaten is not fully assessed and they had been makin� tranaiers from the Utility Fund to make up the difference and this year it would take $5i,000. He further explained they had sold more bonds to pay off and they had to build a surplus in the UtilityFund� that this wmild be the second year of a tax levy and everyone that has service ia assesaed but on the water improvement, they had an improvement that cost over two million,dollars in the area of the city that had not been previously asseased but all of they city now has a water main asaeasment but it is not suificient to raise the amount of money needed. Mr. V. M. Nagel raieed the question how they could complle $119,729•OO.in the Public Works Department. The City Manager explained on Exhibit 2 of the budget for the Public Works Department it comes to $ii9,729.0o and then it is broken down into five diviaions. Mr. Nagel inquired if the City Council Were not cutting down the budget for the Court and was told by Mayor Nee they didn't feel they hed, that it might show as a botsklaeeping reduction only. The CityManeger explained the difference between the court laet year and this year was that in 1964 they had receivedrthe' prosecutor's bill Por 1963 and it is presently budgeted £dr the one year. Mayor Nee etated thefelaries contemplated were all incxeased. The City Monager explained to the City Council the next pracedure wou]d be to have tha appropriation ordinance ready for the Pirst � v1} reading on September 8th. There wae no action taken by the City Council, CLAIMS: Motion by Johanaon to approve ihe payment of General Claims �3Q63 through #3145. Seconded by Wright, Upon a voice vote, there being no nays, tte motion carried unsnimouely. Motion by Kirkham to approve the payment of Public Utilitiea Claims #3�+93 through #3532• Seconded by Wright. Upon a voice vote� there being no naye� the motion carried unanimously. Motion by Johaneon to approve the payment of Liquor C1e1Tns �6586 through #6645. Seconded by 5heridan. Upon a voice vote� there being no nays, the motion carried unanimously. ESTIMATES: Mayor Nee announced for Council consideration the payment of estimates. Motion by Sheridan to approve the payment of the following estimates: Suburban Engineering, Inc. 6875 m.x. 65 N.E. Fridley� Minn. 55�32 Eatimate No. � '(Partial;) 8taking & Inapeciion SW 69 - Meadowmoor Terrace D, W. Hickey Co., Inc. 1841 University Ave. N.E. St. Paul� Minn. 55104 Estimate No. 8 (Partial) W-34-M - Booater Station Swanaon Excavating Co. Box 368 Hopkins� Minn. Estimate No. 3 (Psrt�al) SSSA - T.H. 1+7 Interceptor Alexander Construction Co., Inc. 4641 Hiawatha Avenue Minneapolis� Minn. Estimate No. 4 (Final} st. 1963-i All Streets in 1963 Program $ 667,50 $lo, i�6. iFg $39,705•7� $ 9,114.0$ Total: All Estimates $59�653.�1 Seconded by�Wr3ght, Upon a voice vote, there being no nays, the motion carried unanimously. Motion by Sheridan to approve Final Estimate �4 to Alexander Construction Company� Inc. or 464b a��watha Avenue� Minneapolie� Minnesota f'or Street Improvement Fro,�ect #1963-I and change order #1� #2� and ��3 �n t,he amount of �9�114.08. Seconded by Wright. Upon a voice vote, there being no nays� the motion carried unanimously. Motion by Johanson to approve the payment of $3£3��31.30 to C. S. McCrossan Compahy�:2ne.� Route No. 2� Box 322a Osseo� Minnesote, for Partisl Eetimate #1� i+&SAS No, 27-302-01 and MSAS No, 27-315-01, Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. � j ��, LICPNSGS: Councilman Johenaon stated the recommendation of the Fire Marehall as referred to in his con¢nunication to the City Council relative to a� Gasoline License was good. Motion by Johanson to approve the isauance of the following licenses with the exception of the Service Stet3on application by C11fP Thoe, 724FJ Central Avenue N. E,� Minneapolia 32� Minneaota; and invite Mr. Thoe to i.he next negular meeting of the City Council: CAFE LICrNSE: Richard A. Kempe 3916 - 38th Avenue South Minneapolie 6� Minneaota CIGARETTE LICENSE: B. A. Carlson 5506 WinnPtka Avenue Minneapd�lis� Minnesota Richard A. Kempe 3916 - 3f31,h Avenue South Minneapolia 6� Minnesota SERVICP STATION LICENSF Ranko Schuur 401 Missiseippi Street Fridley� Minnesota 55�+32 DELIVERY TRUCK LICENSE Violet Pederson 707 South Waehington Avenue Hopkins� Minneaota Fred A. Same3s� President 122g Eset Lake Street Minneapol3s� Minnesota ELF;CTRICAL Bill Richmond Electric Co. 916-llth Ave. North Minneapolis� Minnesota Grinde Plectric Co. f3g64 Arona Avenue New Brighton 12� Minneaota GENFRAL CONTRACTORS American Builders, Inc. 515 W, nroadway Minneapolis� Minnesota MASONRY Gjerstad & Viking Masonry Co. 8709 Utica Avenue South M3nneapalie� Minneaota WELL DRILLING dba: Chant3clear Pizza Moon Plaza Shopping Center Fridley� Minneaota 55421 dba: The Family Billard Center Moon Plaza Shop�bing Center Fridley� Minnesota 55421 dba: Chanticlear Pizza Moon Plaza Shopping Center Fxidleyi Minneeota 55�+21 dba: Roger's Service 5669 Univeraity Ave. Fridley� Minnesote. 55421 dba: Pederson Da1ry� Inc. _ 707 South Waehington Ave. Hopk3na� I�innesota dba: Vogue Cleaners & I.sunderera� Inc. 1229.Eaet Lake Street Minneapolie� Minneaota by: Bill D, Richmond by: Bennie Grinde b,y• D. Ostrow by: L. H. G�eratad Aadden Well Company 4455 Main Street N. E. Minneapolis, Minnesota 55421 � by:, Robert Hadd��} , Seconded by Wright. Upon a voice vote� there be��g no nays� the motion carried unanimously. � ��J PETITIONS Motion by Sheridan to receive Petitione #3�-1g64 and #35-1964 and refer them to adminietration ior proceseing. Seconded by Johaneon. Upon a voice vote�;there being no nays� the motion carried vnanimously. BPPOINT4AENT : Mayor Nee announced Yor City Council consideration an appointment. Motion by Wright to approve the �ollowing appointment: Name Poeition Salary Replacea Marilyn Johnson Cashier-Receptioniat $262,00 Robyn Petrangelo 553-�6th Avenue N.E, per month Fridley 55�32 • Seconded by Sheridan. Upon a voice vote� there being no nays� the motion carried unanimously. ORDIN/1NCE TO AMEND CHAPPER k6 - BUILDING FEES: Mgyor Nee announced for Counci� conaideration,an ordinance regarding building feea. City Attorney Smith explsined to the City Council thie item had been called to hie attention by the City Manager and the Building Inepector� that the present rate ueed is the same ae the Minneapolis Building Code and this ordinance would be merely making use of the reservation to Uring the City of Fridley up to date. Motion by Wright ta accept as firet reading an ordinance amending Chapter 46 of the City Code of the City of Fridley by providing Yor a Sect3on 46.028 that adopte byr�eference the permit fee provisiona of the code or ordinances of the City of Minneapolis� Minneeota. Seconded by Sher3,dan; Upon a voice vote� there being no nays� the motion carried unanimously. AMENDMENT TO CHAPTER 81 - BEVEFiAGES: The City Manager gave the firet reading of an ordinance amending Chapter 81 by adding a Section 81.061 requiring an on sale license to be 600 feet awe.p from any echool or church. Motion by Kirkham to accept as Y3rst reading an ordinence awending Chapter 81 by add3ng a Sed-iion 81.061 requiring an on eale license to be e3x hundred feet away from any school or church. Seconded by Sheridan. Councilman Johanson etated he objected to the 600 feet referred to in the ordinance. Councilman Wrig�t inquired if they could entertain the poaeibility of delaying this ordinance to see if there is a continu- ation oY the case� se presented� this night. Councilman Kirkham replied there would etill have to be a eecond reading of the ordinance, The City Manager explained the second reading� ii thie were accepted as first read- 3ng� would be on the 8th of September� Mayor Nee inqu3red of Council- me.n Kirkhesa why he had wiehed 600 feet rather than the 300 f'eet originally propoeed: Mt�e. Tom Greig� reaident� inquired if Terry's Club was 600 feet from the proposed church� that in the previous resolution peesed they ahould have the.t churches couldn't buy.in the co�erciel areas� that beceuae'this church had made the choice they are telling the City Council what kind of bueineas that can go next to it. , Motion by Johaneon to table the first reading of the ordinance to amend Chapter 81 Yor fUrther study� and refer eame to tYie Planning Co�iaeion. Second�d by Wright. Councilman Kirkham inquire�l why the ordinance could not be amended. Councilman Johaneon,replied they did hire a profeaeional Yor planning servicea and they should have the opinion of Mr. Wallace on thie item. Upon a voice vote� the motion carried with Councilman Kirkham oppoeed. l L U RF.SOLUTION �1�9-1964 ASATING ASSESSMENTS: - PARC�L 1500, (sw #59) Motion by Johaneon to adopt Resolut3on #159-1964 abating 6aseasmente for Project No. 59 on Parcel No. 1500� being part oY Lot 11�.AUditor's Subdivision No. 94, and placing said aesessment on Parcel No. 1400 being part of Lots 9 and 11� Additor's Subdivision No. 94. Seconded by Wright. Upon a voice vote� there being no nays� the motion carried unanimously. RESOLUTION #.160-1964 WITiIDRAWING ASSESSMENT CERTIFICATION - LOT 6, BLOCK 2z MOpRI' LAKF HILIS: Motion by ,Tohanson to adopt Resolution #160-1964 withdrawing the certifica- tion o£ the 1962-1 Street Assessment on Lot 6� Block 2�`Mdore Lake H311s Additc6on. Seconded by Wright, Upon a voice vote� there being no nays� the motion carried unanimously. ItESOLUTION �161-1964 AUTHORI7.ING SPLITTING ASSESSMENTS - PARCEL 600t Motion by Johanson to adopt Resolution #161-1964 eUthoriz3ng and directing the splltting of epecial aseesamente on NW l�k� of NE 1�4 (EX. S. 551�� Section 12 (Parcel 600). Seconded by Wright. Ilpon a voice vote� there being no nays� the motion carried unan3mously. � RESOLUTION #162-196�+ PRO-RATING SEWER CHARGES: Motionby Johanaon to adopt Resolution #162-i964 authorizing pro-rating of sewer service charges under certain conditione. Seconded by Nright. Upon a voice vote� there being no nays� the motion carried'unanimouely. RFSOLUTION �163-196�+ DIRECTING I53UANCE OF TEMPORARY BONDS - ST. 1964-1: Motion b,y ,7ohanson to adopt Resolution #163-1964 directing the iseuance of Temporary Improvement Bonds in accardance with I,awa of 1957� Chapter 385, Street Improvement �196h-1. Seconded by Wright. Upon a voice vote� there being no naye, the motion carried unanimously. ; SALE AND PURCHASE OF TEt�Pi7RARY BONAS - Motion by Johanson to adopt Resolution #164-1964 directing &he sale and purchace of Temporary Improvement Bonda in aecordance with Laws of i957, Chapter 385� Street Improvement Project No, i964-i. Seconded by Wright. Upon a voice vote� there being no naye� the motinn carried unanimouely. � RESOLU'�ION #165-1964 ORDERING CONDEMNATION OF LAND FOR CITY HAT.L: Mayor Nee explained to members-oY the City Council they ha.d authOrized the movement for negotiation or condemnation with the exception of one lot for land for the propoaed City Hall and the resolution before them eapressed thie� The City Manager stated Lot 8 of the propoaed land could be withdraWn ae the otimer, Mr. Art Chrieteneon, had ea38 he would aell it for $2,000.00. The City Attorney requested the said lot be included in the reaolution. • Motion by Johanson to adopt Resolution #i65-1964 ordering condemmation for the acquis3tion of additional.land for City Hsll. 3econded by Kirkham, Upon a voice vote� there being no naye� the motlon carried unanimously. • RESOLUTION #166-1964 MAKING TRANSFER OF EQNDS: ��1 Motion by Johanaon to edopt Reaolution #166-1964 meking a transfer of funds Yrom�the Public Utility Fund to Improvement Bond oY 1960 Fund, Improvment Bond of 1963 Fund� and Refunding Bond Fund� and s tranefer from the M�{nlCipal Liquor Fund to the General F�nd, Seconded by Sheridan. Upon a voice vote� there being ao nays� the motioncarried uTsan�mously. , � RESOLUTIO�F���,67-1964 DIRECTING PREPARATION OF ASSESSMENT ROLL - ST, i962_4: Motion by JolSSneon to adopt Resolution #167-1964 dixecting preparation oi Asaesament Roll for Street Improvement Project No. 1y62-4. Seconded by Sheridan. Upon a voice vote� there being no naya� the motion carried unattimouely. RESOLUTION #168-1964 DIRECTING HEARING ON ASSESSME$T ROLL - ST. 1962-4: Motion by Johaneon to adopt Resolution #168-1964 directing publication of hearing on propoeed Asaesement Roll for Street Improvement Project No. 1962-4. Secondrd by-Sheridan. Upon a voice votey there being no nays� the motion carried unanimouely. RESOLUTSON #169-19b1t D�SIGNATING ELECTION JUDGES: Mayor Nee annoUnced a resolution for Council consideration designating Election Judges. The City Cleak explained the resolution in the minutes the Council had received could be dieregarded as it,wae not complete. Mr. V. M. Nagel� resident, inquired 3Y the names of judges for the September 8th election had been furniehed by the County.- The City Clerk replied everyone on-the liat had either been Yurniehed by the Republicane or Democrats tut the list was not complete and they were several people ehort� that eome of the namea given were not ln t�e right precinc;Gs snd had to be lePt out. .He atated they had a li.st of pepple used in pYevious yeare and could� if the City Council viahed� add to the list namea they would receive, ., Motion by Joheneon to adopt Resol,ution #169-196b deeignating Elect3on Judges for the September 8� 1964 election with the proposed appointment of election judges and the appointment of the head judge to be leEt at the discretion oY the City Clerk. A diacuseion wae held regarding nsmea of residente placed on the proposed liet. The City Clerk explained there could not be more than juat half oi the judges from each political party and they would not be aID&e to uae any independents if the two parties eent in enough,names. Counci]man Aright inquired if thia were per ahift or precinct and was told it wae per shift. Seconded by Wright. Upon a voice vote� there being no nays� the motion carried unanimously, RESOLUTION #170-196�F NAMIIQG SERVICE ROAD: Motion by Johanson to adopt Resolution #1Q0-1964 naming Service Road as Viron Road. Se¢onded by Wright. Upon a voice vote, there being no naye� the mot3on carried unsn3mou31y. OTI�R BUSII3ESS: The City Manager explained to the City Council he needed authorization to sell 6tfdold front and loader bucket for �5,00. Motion by Sohanson to authorize the City Manager to sell a front end loader bucket for �5,00. Seconded by Sheridan. Upon s voice vote� there being no nays� the motion carried unanimously. Councilman Kirkham atated he wiehed to bring dsb the Yloor a matter re- garding a letter written by the City Attorney which conatituted a change in policy and he could not remember any oYficial council meeting 1u0 where thie change in policy was made. He Yurther etated thie matter should be conaidered at an official meeting an eince it wae late� he would suggest the City Council reacind the mentioned letter and put the item on the agenda for another meet3ng. Councilman Wrlght replied if all Councilman Kirkham wanted wae formal council action� it could be done now. Cou�cilman Kirkham asaerte� becauae thie involved•the d3emissal of an employee who hadn't had an opportunity to be heard�.it wouldn't be wiae, Mayor Nee agreed there was no resson the peraon in queet3on should not be heard. Councilman Kirkhazn further etated he did not approve oi' the idea of taking action oi any kind at an iriiormal meeting. City Attorney Smith explained he had talked to Counc3lman Kirkham previously� that after one of the budget meetinga� Covncilman Sheridan had told him informally the council had come to aome agreement and indicad�ed the reaaon he had sent the letter xas-that he Y�ad in mind.oP malcing the c change September let and it was reasonable to have a half.a month'a notice but� technically� thia person wae not an employee oY the City anymore than he was. He further explained thie was a contract Por pro- fessioaa.l aervicee. Councilman Kirkha.m aeeerted the Gity Council did employ this pereon end if there were a chenge� the City Council ahould be the body to diamies thie pereon. City Attorney Smith agreed. Council- man Kirkham atated it hed been h3s underetanding and Councilme,n Sheridan's the change wouJ.d take place the firat oi the year� th8t t]A�ewwae the dsnger of having an informal diacuasion and iP he had been oP the opinion� at the time� there would be emmething to be done he would have epmken differently. Council.man Wright stated the thing he reca]1ed wae the,basfrc argwnent that thia person� wheihe wae employe8� would-be reeponsible to the City Attoan�y and thie part of hie contract with the Clty had not- been met. Councilman Kirkham replied he did not think thie wae true and this was why he wanted to have thie person preeent to,diacuas thia eiatter thoroughly. Mayor Nee inquired if Cauncilme.n K3rkham preferred a public or private meeting. Counci]me.n ICirkham replied aa long ae the man 3nvolved were present� he did not think it would need tn be public. Councilman Sheridan s�ggested. to members of the City Council they use a period oi time either 6efore or after a council meeting to clear the matter. Councilman Kirkham atated the letter received and mentioned previouely ehould be reecinded. .Counci]snsn Wright su�gested the City Manager xrite a letter to.the pereon involved and requeat a discuseion with him;. There wae no.action taken by the City Council. ADJOURN; There being no further businese� Ma.yor Nee declsred the Regular Meeting of mugust i7, 1964 adjourned. Respectfully sutomitted� ,� r �,�-- ' � u�kowic� Secretary Wi11�am J. e� Mayor