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