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HomeMy WebLinkAbout1974/10/07 - ADMIN - Minutes - City Council - Regular ti i MINUTES CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA October 7 , 1974 1 , CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Fleetham at 8 : 02 p . m . 26 INVOCATION Invocation was given by Reverend Milton Lenz of the Aldersgate Methodist Church . ; , ROLL CALL The following Councilmen were present at roll call : Keith Meland Leonard Thiel Seymour Druskin Richard Graves Lyle Hanks Rose -Mary Griak Frank Fleetham Also present were the City Manager , Assistant City Manager , City Attorney , Planning Director , Director of Public Works , and Acting Secretary , 4 . MINUTES On motion of Councilman Griak , seconded by Councilman Meland , the minutes of the Special City Council - Meetings held September 21 , 1974 and September 23 , 1974 were approved by a 7 - O yea vote . 5 • AGENDA On motion of Councilman Graves , seconded by Councilman Griak , the agenda of October 7 , 1974 was approved by a 7 - O yea vote with the following additions : iBand ; Item 11 ( c ) Miscellaneous Meetings . Item 7 ( a ) , Communication vrom Community 6 • PUBLIC HEARINGS ( a ) ASSESSMENT OF IMPROVEMENT N0 . 74 - 39 , PAVING ON NATCHEZ AVENUE SOUTH OF WEST 26TH STREET Mayor Fleetham opened the hearing . ' shing to speak , the Mayor declared the hearing There being no one present wx dlosed . 267 tcil Minutes October 7 , 1974, Cotn 6 . PUBLIC HEARINGS ( cont A d ) ( a ) cont ' d RESOLUTION NO . 5144 It was moved by Councilman Griak , seconded by Councilman Meland , to Q and adopt Resolutsolutf ion No . 5144 entitmodionecarriedn7 - 0 . waive reaA a Improvement No . 74 - 39 . The Adopting Assessment (b ) ASSESSMENT OF ALLEY PAVINGS 1 , Improvement No . 74 - 07 , Between Brownlow and Louisiana Avenue from First to Second Street N . W . Mayor Fleetham opened the hearing * ishing to speak , the Mayor declared the There being no one present w hearing closed . 2 . Improvement No . 74 - 10 , Between Idaho and Hampshire Avenues from West 28th Street to West 29th Street Mayor Fleetham opened the hearing . There being no one present wishing to speak , the Mayor declared the hearing closed . 3 . Improvement No . 74 - 06 , Between Jersey and Kentucky Avenue , Minnetonka Boulevard to 31st Street Mayor Fleetham opened the hearing . There being no one present wishing to speak , the Mayor declared the hearing closed . 4 . Improvement No . 74 - 09 , Between Florida and Georgia Avenues from West 28th Street to West 29th Street Mayor Fleetham opened the hearing . John. C . Hoban , 2817 Georgia Avenue , inquired of the Council as to why l his assessment was S !� O . more than was originally quoted him by the Cel � ttez on April 29 , 1974 , He also suggested that the City try to obtain contractors for future projects . The Manager informed the Council that. 79% of the residents = ��d + 9 , P he pro- jeet and that at the public rearing on �P 268 i Minutes , October 7 , 1974 PUBLIC HEARINGS ( cont ' d ) ( b ) 4 . cont ' d the estimated cost of the project was $ 7 . 39 per front foot , and that the actual bid cost for the project was $ 8 . 39 per front foot . The Director of Public Works explained the primary increase in the cost was due to higher material costs . There being no one else present wishing to speak , the Mayor declared the hearing closed . 5 . Improvement No . 74 - 08 , " T " Alley Between Georgia and Florida Avenues from Minnetonka Boulevard to West 31st Street Mayor Fleetham opened the hearing . Donald Christianson. , 3029 Georgia , Avenue , sought relief on the amount of his assessment , since his garage is not served by the alley , he does not feel he benefits . He also objected to the assessment as his property is In effect a double lot and is being assessment for twice the costo He suggested that the assessment be shared equally by all of the property owners . There being no one else present wishing to speak , the Mayor declared the hearing closed . 6 . improvement No . 744 ," 052 Between Louisiana Avenue and Kentucky Avenue from West 31st Street to West 32nd Street_ Mayor Fl. eetham opened the h. eering . Newman Scobwa. lbe , 31. 57 Louisiana Avenue , stated that ht: was assessed for arty wltiich he claims is o1• r�o benefit to him - 40 feet of l, .l s property 'I'h © AyBeeeor ou t1 i. no d tho Council ' s policy used Jji alley assessments . 1 ` sere bettig n. o one elt3f1' r © s en, L' w3. sli Lng to speak , the Mayor declared the hear Ing closed • ME SC�LUT ON No . 5145 4seconded by Cnu.nc :i. lman Griok , o waive SILi. S er� titlad r � gcsol, utio4 ^Adopting 9 pandg74 - lU . 1: 1. was 1wvod I ) y Councilman M� No , ' — 8 7 a raad [ ng and adopt l� deo �111- Cl. n 711145 , 74. - 06 , 74. , 07 f 74 0 , Assaissli' ( 7T1V 11TIp '.rovomont . Noa '111c+ rr oL Zaoi1. carr J . od 7 269 Council Minutes , October 7 , 1974 6 , PUBLIC HEARINGS ( cont ' d ) SHELTERS , EXCELSIOR BOULEVARD AND WOODDALE ( c ) ASSESSMENT OF BUS PLNOAS , AND AVENUE , IMPROVEMENT Mayor Fleetham opened the hearing . Rocheford of Draper & Kramer , Mayor Fleetham read a letter submitted bince 9Aopposin. g th. e manner in which Inc . , on behalf of Corrigan Propert , the assessments of the bus shelters were levied . In response to a question from Robert Theros , representing King ' s Inn , the cess for ct ) anthe city Manager reviewed the bid pro hesapsessments wereedetermined , total cost figures of the project and how Mr , Theros inquired as to why the Metropolitan Commission is only paying one - quarter of the total cost of the projects Councilman Thiel stated that normally the MTC would pay the entire cost of a bus shelter building , but since the City of St . Louie : Park felt that these serve the area and beriejZit= property , the expanded bus plazas would better MTC agreed to pay $ 10 , 000 toward the project . Mr . Theros asked if it was standard policy to assess one - half of the total cost to the property owners . Councilman. Thiel explained that it was discussed with staff , assessor and the City Council and decided that St . Louis Park would pay approximately $ 9 , 000 out of the general fund and assess the balance to the property owners . Mrs rCheros stated that most of the customers to the King ' s Inn ' do not ride the bus and it is not benefitin € ; their property . Mayor Fleetham stated that the shelter is there if King ' s Inn customers wish to use it , The Assessor explained the zone concept approved by the Council used in assessing this improvement , Fred Rosenblatt , 300 Fernbrook , representing B . Phillips , owner of Lilac Way Sb.opping Center , stated that the cusomters of Lilac Way do not use bus service . 5 g He felt that the Shelter on the other side of the street benefits people goin to Minneapolis , and does not benefit Lilac Way , Mayor Fleetham explained the assessment is based on benefit to property . Mr . Rosenblatt felt that the assessment should also cover the apartment buildings located behind Lilac WaY Shopping Center , and that they should be assessed on equal basis with th. e Shopping Center , Tom Roche Ford , Draper & Kramer , Inc , , repr. esentin. Miracle Mile stated that they now have two bus stops and that thefigure of $ 40 , 000 for a bus shelter is not feasible , He felt that most of the people that ' use the bus drive the ? r cars and leave them parked at Miracle Mile . He thought the assessing Policy on this project was wrong anthat i south , t should be moved more to the north and 270 y RESOLUTION N0 , 5147 It was moved b Councilman Meland , seconded by Councilman Graves , to Waive reading and adopt Resolution No . 5147 entitled " Resolution Adopting Assessment Improvement No . 73 - 05110 The motion carried unanimously . pUBLIc HEARINGS ( cont. ' d ) ( C ) cont ' d There being no one else present wishing to speak , the Mayor declared the hearing closed . Councilman Thiel felt that the cost the City pays should be somewhat more than has been designated , in an effort to give a more balanced assessment . it was moved by Councilman Thiel , seconded by Councilman Graves , that the St . Louis Park share of the project total $ 15 , 000 ; the Metropolitan Transit Commission share be $ 10 , 000 ; and the balance be assessed . Councilman Hanks stated that he will vote for the motion but is concerned as there has been a lack of cooperation in the past among the property owners involved in this project and he feels that this improvement benefited all property owners in the area . Mayor Fleetham stated that he concurred with Councilman Hanks . Councilman Druskin stated that lie would vote against the motion as he does not think the City should pay any more than $ 9 , 000 . However , he would support a motion for the City to pay 59 , 000 . Councilman Meland stated that lie is against the motion , but would support paying $ 9 , 000 of the project cost . Upon a roll call vote , the motion carried 4 - 3 , Councilmen Druskin , Griak and Meland voting opposed . The City Manager was instructed to contact the a area arou around the Bus Shelter and see whether they are complying with y an cese nrcnl .it't' TON N0 . 5146 aves3 to waive It was moved by Councilman Thiel ' seconded by C � Rebolutionuncilman rAdopting Assessment reading and adopt Resolution No , X146 entitled Councilman Druslcin , Councilman Improvement No . 73 - " 'I' 23 , f1e motion carried 4 3 , Grlak and Count i .lrnnn Meland voting opposed . ( d ) ASSl� N"[' Oil 1Mp11.OvEMENT No . 73 - 05 , SIDEWALK , LILAC WAY AREA . SS ME, Mayor l? leetham opened the hearing . 'There being no one present t wishing to speak , the Mayor declared the hearing c losed 0 Item 4 , should read d that on the proposed Resolution , The Clay Manager xioLe ynstallments are to be extended over a ear for rhe niimbe r cif' yea rH aver which : " uf five years are as ,follows 271 Coun cl_ 1 Minutes , OcLober 71 1074 1 U131 , T. 0 11E4All1. NGS ( cont ' cl ) 6 . ' y ( c, ) ASSISSMI� N'l' OE IMP I: OVE �'Tf� N 'I' NU . 68 - OZ , Srl ' Olt_M SLWI', 13. ( CONTINUED FROM SEPTEMBER 3p , 1974 ) Mayor T' 1_ cetham opened HIC e C discussion. , Councilman '1'11. j_ c� l , stated, that he does not l il� Following a bra. • however , he felt some idea of lower_ ing the in tete s t- rate on pro J ec is , > the iVen the pct Lt .i_ oner . Ile was Inclined to reduce the cons idera. tion should be 9088 . 32 by some f igu. •re that would be :Favorable in lieu assessment figure oC $ ( 7 , of th. e petitioner ' s past consideration to file City . Councilman Grialc felt strongly that. this is a case where tine property owner has Co and she has no problem supporting a motion made a great contribution to file C i_ ty , Cor r. ecluction of assessment for Mr . Freidl' cim . She would support something in the area of $ 10 , 000 . Councilman lianks stated that lie �jould support a teducLion of the assessment also . Councilman. Graves stated that lie was not city hasl. ivenreducMrg Freidhethe imsment on a ben.ef: it basiso however , he felt that the City 9 . sufficient. considerations in the past' . Councilman Druskin stated that he would be against a reduction of the assessment . Councilman Graves stated t1:lat he would be willing to vote for the reduction whichthe petitioner asked for , but no more . Mayor Fleetham stated that he was basically for a reduction , due to Mr . Freidheim ' s contributions to the Cir }• . Following a brief discussion , it was moved by Councilman Thiel , seconded by Councilman Griak , to decrease Chas . M . Freidhei_m ' s assessment on this project by $ 10 , 000 , leaving a balance on the assessment of $ 57 , 083 . 32 . Upon a roll call vote , the motion carried 4 - 3 , Councilman Druskin , Councilman Meland and Councilman Graves voting opposed . RESOLUTION N0 , 5148 It was moved by Councilman Thiel , seconded by Councilman Grialc , to waive reading and adopt Resolution No . 5148 entitled "Resolution Adopting Assessment Improvement No . 68 - 02 . " The motion carried 4 - 3 , Collnc Aman Druskin , Councilman Meland and Councilman Graves voting opposed . ( f ) MISCELLANEOUS It was moved by Councilman Griak , seconded by Councilman Graves , to waive the adopted agenda and allow James Cohen to speak to the Council . The mt� tLc' �' carried 6 - 0 . ( Councilman Druskin was not present ) James Cohen , 2415 Decatur Avenue - Pro ' ect 65 - 45D stated that he Would le the alley removed , as It was in better. , condition before the improvel= "' t vast 272 11 Minutes , October 7 , 1974 HEARINGS ( cont ' d ) pLBLIC ( f ) MISCELLANEOUS ( cont ' d ) The Director of Public Works stated that he has spoken with the contractor and the alley was not properly graded . He stated that it would be graded before winter . The City Manager stated that if the contractor refuses to do the work , the City would have another contractor complete it . PETITIONS , REQUESTS AND COMMUNICATIONS (a ) COMMUNICATION FROM COMMUNITY BAND Mayor Flee th am read a letter of thanks from the Community Band for the contribution by the City . g, RESOLUTIONS AND ORDINANCES ( a) RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBAN HENNEPIN COUNTY NURSING DISTRICT RESOLUTION N0 . 5149 It was moved by Councilman Graves , seconded by Councilman Hanks , to waive reading and adopt Resolution No . 5149 entitled "Resolution Relating to Participation in the Suburban Hennepin County Nursing District . " The motion carried 7 - 0 . ( b ) FIRST READING OF ORDINANCE ADOPTING UN IF ORM TRAFFIC CODE It was moved by Councilman Graves , seconded by Councilman Griak , to waive d ordinance and set second reading October 213 1974a first reading of propose The motion carried 7 - 0 . ( c ) SECOND READING OF ORDINANCE ADOPTING 1975 ANNUAL BUDGET AND AMENDING 1974 BUDGET that some Council members ae ° s� ateddthat tthe City Councilman Graves statede City Manager government aid ( excise tax ) in excess of the $ 1121000 remains in unallocated funds ° will receive $ 58 , 892 of 10 gthe State . amount originally estimated by operational venue sharing should not b i talesed for the outlay * liefelt Councilman Thiel felt that revenue sharing for cape budget and is in favor of using id and if $ 112 , 000 in unallocated funds mill . that with the $ 58 , 892 from State A levy by aper taken out of the budget it would reduce the tax : 273 () c tvobc� r 71 19711 O1 [ � C 1; t) NS ANDORDI �INCLS ( cont d ) ( � ) cont ' d , f1 [tl stared he felt the City was assessing more tttan required . Mayor Fleet. h was proper due to nEeded park i�,proverents Counc ilman Gr iak Celt thatlevy and future conclemnat1On awards * Co uncilman. Druslcin commended staff for the excellent prEparation job on the budget and felt that this was a responsible budget * d City The Director of finance stated that the total far 1975mise $ 10 , 899e695net ; nures the for 1974 are $ 11 , 061 , 776 ; the proposed budget general. fund for 1974 is $ 3 , 535 , 896 ; the general notdinclnd Pdeecomparable for 1975 is $ 4 , 037 , 786 , and stated that the 1974 budget d emergency allocations or contingencies . In reponse to a question from Councilman Thiel , the Director of Finance stated that in 1973 , tatxes levied totaled $ 3 , 033 , 738 , and in 1974 , it was proposed to levy $ 3 , 151 , 637 , and after mod ificiations by the Council the levy required will be $ 3 , 206 , 000 or approximately $ 170 , 000 over last year . ORDINANCE NO * 1272 it was moved by Councilman Graves , seconded by Councilman Meland , to waive reading and adopt the budget for 1975 with the following; amendment : To pl « ce all modified appropriations that are in revenue sharing budget into the respective activities of the general fund except for reforestation ( in the amount of $ 25 , 000 ) and deletion of the pedestrian bridge at # 100 and 26th Street for $ 125 , 000 , and to restore the balance of revenue sharing to the way staff proposed it ; and to delete $ 112 , 902 from general fund ur . al :Located reserve ; in effect , to reduce the mill levy by $ 58 , 892 . 00 ( additionZ . l local aid ) . Remove $ 93 , 700 out of federal revenue sharing and deletion of $ 1125902 in unall . reserve ; for a net tax levy reduction of $ 78 , 094 . Upon a roll call vote , the motion carried 4 - 3 , Councilman Thiel , Hanks , and Mayor Fleetham voting opposed , 9 . REPORTS OF OFFIWS -, BOARDS A4NM CO==ES ( a ) REPORT OF TRAFFIC STUDY ( 03 ) EXCELSIOR BOULEVARD BETWEEN COLORADO AND DAKOTA AVENUES . It was moved b; Councilman Griak , seconded by CouncilmanMeland , to authoriZe preparation of a resolution as recommended by staff . The motion carried 740 ( b ) , i NUTES OF HOUSZX "D REDEVELOPME7r AMORITY MEET-1111C, HELD SEF'T'> FF, 4 2914 . There being no discussion , the minutes were ordered by the Mayor to be received for filing . ( c ) CONVERSION OF WOODY ' S TO BIG B ' S ( xif , & Co N04 74 - 55 ) Following a brief discussion , the City Attorney stated that a Cert. iticate Occupancy worild not be issued to Big Bra until the work has been oo'm�'le : Pd i � conformance with the toning ordinance , 274 -- � pdRTS OF OFFICERS BOARDS AND COMMITTEES ( cont . ) Herb Davis , 6100 Excelsior Boulevard , represented the property Big B s is to be located on M1 * Jennings , the owner of and st does not involve a structural change . ated that the proposed remodeling Robert Johnson , the applicant , stated that Mr . Keagen will manage the new ment , and that all employees wig ll be 18 years of age or older . He stated ts t inI h - his other restaurants , the sale of beer caused no that n problems . They propose no bar and it will be a family oriented restaurant . In response to a question from Mayor Fleetham , Mr . Johnson stated that they do not plan to seperate the servin of beer into a different part of the establishment . g the permit tonight , they would plan to be in operation that were granted 1974 . Councilman Druskin expressed his concern for setting a precedent in this matter . The City Attorney stated that a precedent would be set as to how the twem " use " A s applied to a restaurant . Mayor Fleetham stated that he would not say at this time how he will vote on the question of granting a beer license to Big B ' s Pizza . It was moved by Councilman Hanks , seconded by Councilman Graves , to allow a build - ing permit to Big B ' s Pizza , and that a special permit is not required in this in - stance , but that the following special conditions be met : ( a ) Live landscaping shall be provided in the required front yard set back . ( b ) Curbing shall be installed around all landscaped areas . ( c ) The parking lot shall be striped and traffic flow patterns established , ( d ) The area between parking lot on the subject site and the City parking lot shall be improved with landscaping , new steps and possible widening of the sidewalk . ( e ) The refuse disposal area shall be screened and finished . ( f ) No signs on building modification shall be initiated . witliout first obtain - ing proper permits from the city . ( 9 ) No major structual alternations permitted . Council stated that this action did not agree to any commitment for ,s license . The motion carried 7 - 0 . DISHED BUSINESS ( a ) REPORT OF PLANNING COMMISSION ( CASE NO , 74. - 35 - SP ) RECO 4ND1NG APPROVAL , WITH CONDITIONS UPON REQUEST FOR. SPECIAL PERMIT TO ALLOW GASOLINT STATION IN CONNECTION WITH SERVICE FACILITY AT 5420 MTNNETONKA BOULEVARD ( DEFERRED FROM SEPTEMBER .30 , 1974 ) o It was moved by Councilman Graves , seconded by Councilman Meland , to waive reading and adopt resolution granting special permit with conditions ; that Staff begiven copies of all contracts including building wrecking contracts , pertaining to issuance of permits ; thdt if all work has not been completed by December. 1 , 1975 ) the City of St . Louis Park would refuse to grant a gasoline pump license for the year 1976 to the applicant ; and that the retail 81168 area would not be expanded from :Its exi9ting size . 275 1ED BUSINESS ( con " ) , asked that the contracts be kept in strict UNF -� NTs1I�l � e aPpJ. y_ ct�n. t , 10 . lacrb Davis , co �rnsc .l for ; onfidence . ccl. 7 - 0 . The motion cnrr. i. , D FROM 10 / 1 / 74 ) 7'S ' l' 0 BOARDS / COMMISsTONS ( b ) APPOINTMENTS (DEFERRC Tt wAa moved by Councilma n Graves ) seconded by Coun. ci.lman Griak , to defer this 1110mot' 1.on carried 7 - 0 • matter . DEFERRED FROM ( c ) PENSION CONSULTANT STUDY. CONTRACT ( ASPREVIOUSLY SUBMITTED OCTOBER 1 , 1974 ) . It was moved by Councilman Graves , seconded by Councilman Griak , to defer this ms. tter . The motion carried 74 • ( d ) ASSESSMENT. REPORT - IMPROVEMENT N0 . 72 - 07B - PROPERTY AT 2737 WEBSTER AVENUE d b Councilman Griak , seconded by CouncilmaiedM710and , to reduce It was move y the assessment from $ 170 . 00 to $ 51 . 00 . The motion carr 11 . NEW BUSINESS ( a ) LAND ACQUISITION : Gift ( M . & C . N0 . 74 - 53 ) It was moved by Councilman Griak , seconded by Councilman Graves , to accept the land gift . The motion carried 7 - 0 - (b ) PROCLAMATION - UNICEF DAY Mayor Fleetham read the proposed problamation to Mrs . Dressen who was present to accept the proclamation on behalf of UNICEF . It was moved by Councilman Thiel , seconded by Councilman Hanks , to authorize the Mayor to execute the proclamation . The motion carried 7 - 0 . ( c ) MISCELLANEOUS MEETINGS Mayor Fleetham informed the Council of a meeting October 16 , 1974 , from 9 : 00 a . m . to 12 : 30 p . m . at the Minneapolis Court House in the Minneapolis City Council Chambers regarding assessments , state taxes and ad valorem . It was moved by Councilman Griak , seconded by Councilman Meland , to de - signate Councilman Thiel to represent the Council at this meeting . The motion carried 7 - 0 . He also informed the Council of the Association of Metropolitan Municipalities meeting October 31 , 1974 . It was moved by Councilman Griak , seconded by Councilman Graves to allow members of the Council who wish to attend this meeting . The motion carried 5 - 2 , Councilman Hanks and Councilman Meland voting opposed . It was moved by Councilman Meland , seconded by Councilman Druskin , to deo• signate Councilman Graves as a voting delegate at the National League of Cities Conference to be held in Houston , Texas . The motion carried 749 276 ■ gtjy BUSINESS ( cont . ) 11 . It was moved by Councilman Griak seconded by Councilman Graves to allow the Manager and two staff members to attend the Communit in Chicago . The motion carried 7 - 0 . Y Development Grant meeting 12 . MISCELLANEOUS ( a) DAMAGE CLAIMS 1 . R . G . Radke , 2847 Yosemite Avenue South , 2 . Henry Cotten , 3921 Alabama Avenue South . It was moved by Councilman Thiel , seconded by Councilman Griak , to file claim for proper action by the City Manager and City Attorney . The motion carried 7 - 0 . ( b ) COMMUNICATIONS FROM CITY MANAGER 1 . Hennepin County Library The City Manager explained the desire of the Hennepin County Library to place specified signs on the library premises . It was moved by Councilman Graves , seconded by Councilman Meland , to allow placement of the signs . The motion carried 7 - 0 . 13 . VERIFIED CLAIMS On motion of Councilman Graves , seconded by Councilman Griak , the lists of verified claims prepared by the Director of Finance and presented to the Council dated Octd - ber 7 , 1974 , in the total amounts of $ 36 , 740 . 16 for vendors and $ 4 , 909 . 81 for pay - roll and the City Manager , City Clerk , and City Treasurer were authorized to issue checks covering same by a 7 - 0 yea vote . On motion of Councilman Graves seconded by Councilman Meland , the following payments on contract work presented by the City Engineer were approved , and the City Manager , City Clerk and City Treasurer were authorized to issue checks for their respective amounts by a 7 - 0 yea vote on the following contracts : Adolfson & Peterson , Inc . $ 130 , 472 . 10 Payment No . 7 $4 , 422 . 16 Bury & Carlson Contract 1054 Shafer Contracting Co . , Inc . $ 17 , 443 . 39 Contract 1024 $ 64 , 510 . 46 H . J . A . Construction Contract 1061 277 Northern Contracting Company $ 1. '3 , 837 . 50 Contract 1065 $ 214s84 Commers interiors , Inc . Contract 1055 13 . ADJOURNMENT Of Councilman Meland , seconded by councilman Thiel , the meeting was ad - On motion _ C8 vote , youurned at 12 : 01 p . m , by a 74 Y rink G . F lee tham , Jr . , Mayor Attest : Donna Erickson , Acting ' Secretary 278