01/10/1972 - 00017718� �� �i
THE MINUTES OF THE REGULAR COUNCIL MEETING OF JANUAT2Y 10, 1972
�
PLEDGE OF ALLEGIANCEc
Mayor Kzrkham led the Council and the audience in saying the Pledge of Allegiance
to the Flag.
SNVOCATION:
Councilman Kelshaw offered the Invocation.
Mayor Kirkham called the Regulax Council Meeting of the Fridley City Council
to order at 7:30 P.M., January 10, 1972.
ROLL CALL:
MEMBERS PRESENTa Mittelstadt, Harxis, Breid2r, Kelshaw, Klrkham
MEMBERS ABSENT: None
ADOPTION OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 20� 1971:
MOTION by Councilman Breider to adopt the Council Minutes of the Regular Meeting
of December 20, 1971 as presented. Seconded by Councilman Kelshaw.
MOTION AMENDED by Councilman Mittelstadt to suggest a correction should be made '
on Page 2, fifth paragraph, third sentence, to change "45.7" to "47.5".
Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayox Kirkham
declared the Amendment carried unanimously.
THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
ADOPTION OF AGENDA;
Mayor Kirkham suggested the changes and additions to the Agenda as follows:
#2 (Communications to Citizens) moaed to #7A.
#4 (Market Analysis for Skywood) moved to #11A.
Add D under Communications: Fire Department Report.
Councilman Breider pointed out that on Page 7A of the Council Agenda there was
a report by the City Clerk which has been revised on the count of signatures
on the CATV referendum petitions, and will be discussed then. He asked the City
Attorney if this document would not, at this stage, be considered incomplete
and the City Attorney replied yes. Councilman Sreider said that if it is a.n-
complete or incorrect, then the Council cannot take action and it could be left
as Old Business.
MOTION by Councilman Mittelstadt to adopt the Agenda as amended. Seconded by ,
Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham deelared the
motion carrzed unanimously.
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REGULAR COUNCIL MEETING OF JANUARY 10, 1972
� VISITORS:
Mrs. Helen Treuenfels: CATV Referendum Petitions:
PAGE 2
Mrs. Treuenfels asked if this meant that this item would be left on the Agenda
and Mayor Kixkham said yes, it was only pointed out that there is a revised
report by the City Clerk making it as up to date as possible at this point.
Councilman Breider said that it was a clasification from the City Clerk as to
the count and will be taken up when Item #3 is reached on the Agenda.
Mr. George Reilly: CATV Referendum Petitions:
Mr. George Reilly, Attorney for the petitioners, asked if this meant the referendum
petitions would be wnsidered on the Agenda under Old Husiness and Mayor Kirkham
said that is correct. Mr. Reilly said this was a highly unusual procedure, and
would be a first time that material never before the Council previously is to
be considered "Old Business". The Ordinance was passed December 13,1971 and was
published December 22, 1971, and after that time a group of citizens started
the petition asking for a referendum. This petrtion was filed January 5, 1972.
Now the Council is tellinq the people this is "Old Business". This would be
much the same as saying that asking for a variance would be "Old Business"
because it has to do with the Zoning Ordinance. This is incorrect, and he
assumed the Council operated under the Robert's Rules of Order. He then read
from Robert's Rules that section dealing with what comprises "Old Business" or
� "Unfinished Business". In such instances, it involves holding over an unfinished
item previously before the Council. He urged the Counml to reconsider this
point, and in the interest of legality and good government, to allow this
material to be voted upon by the new Council after the administration of the
oath of office.
Councilman Breider asked the City Attorney for an interpretation of this point
and the City Attorney replied that it is really a moot point in view o£ what the
Council is proposing to do. Mr. Reilly stated that none the less, he would
retain his ob7ection.
Mr. Richard Harris: Watermaa.n Break on 62nd
Mr. Harxis, 620� R:.�verview Terrace, said that 62nd Way has been repaved and re-
worked and there was a question at that tune about the condition of the utilrties.
They were assured they would be repaired and put into good shape. Then there was
a waiermain break on Christmas Day and their new street had to be torn up. This
is the second time in three yeaxs. He asked �ust what was the condition of the
utilities in the street, and if they are bad, why were they not £ixed before
the street surfacing?
The City Engineer said that when streets are improved, thexe is an inspection made
of the utilities to make sure they are in the best shape possible. A watermain
break is something that can happen any time, even when a main is in good shape, and
is caused by the action of the frost. This is a phenomenon common all over the
� United States, and there is no way to control this. There are currently new
materials being developed.
Mr. Harris said this was brought to the attention of the City Administration at
the time the xesurfacing was to be done. He believed those uti].ities were too
close to the surface. He said he would like to know if they can expect this
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REGULAR COUNCIL MEETSNG OF J.ANUARY 10, 1972
PAGE 3
main to break again next year. The City Engineer said that whethex the line
was 10' deep or 4' deep, the line could still break, but he would submit a
report if the Council wishes. Councalman Mittelstadt asked him to please do so
Sharon Bakke, 6527 Memory Lane N.E., said that if there were new materials avail-
able, she wished they wouZd be used on 62nd Way. She said she gets stuck there
when she goes to visit her parents at 6210 Riverview Terrace. She felt that
when repairs have to be made, they should be made with the new materials,
rather than the old that would break. The City Engineer said that in some in-
stances, you have to live with the old facilities that are already in place.
Mayor Kirkham said that the City Engineer would have a report for the Council on
January 17, 1972.
Mr. Carl Paulson: Cable Television:
Mr. Carl Paulson, 430 57th Place N.E., gave a rundown on his views on cal�le tele-
vision and some of the FCC rulings. He then gave lengthy examples of the types
of programs that could be expected to be imported from the Chicago stations. In
his opinion these are not going to be good programs and the people should not
take their antennas down too soon. He then read an article from the Washington
News on CATV.
PUBLIC HEARING ON VACATION REQUEST (SAV #71-07) OE THE EAST/WEST AI,LEY IN BLOCK
3, SPRING BROOK PARIC ADDIT.ION BY VIRGINIA T. JACOBSEN: AND RECEIVING PETISION
#24-1971 REQUESTING ALLEY BE VACATED:
The City Engineer showed the alley proposed to be vacated on the overhead
pro7ectox, and said that the Planning Commission recommended approval of the
vacation. The City has received letters from the utility companies stating
they do not ob7ect if the proper easements are retained.
Mayor Kirkham asked if there was anyone present to speak Eor or against the
proposal. Virginia Jacobsen came fozward and said that she wanted the alley
vacated and it seems no one is ob�ecting.
MOTION by Counmlman Breider to close the Public Heanng on the Yacation Request
SAV #71-07 by Virginia T. Jacobsen. Seconded by Counca.lman Harris. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carrled and the hearing
closed at 8:00 P.M.
MOTIDN by Councilman Harris to receive Petition #24-1971. Seconded by Councilman
BreideY. Upon a voice vote, aZl ayes, Mayor Kirkham declared the motion carried
unanimously.
OLD BUSINESS.
DISCU55ION OF REFEREN➢UM PETITIONS - CATV:
The City Clerk, at the zequest of the Council, read his memorandum aloud dated
January 10, 1972 giving the count on the referendum petitions.
Mr. Ole B7erkesett, 100 N.E. 63� Way N.E., said that over the past week he, and
several other residents, circulated a counter petition for withdrawal of the
signatures from the original petition. They did so because they received word
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REGULAR COUNCIL MEETING OF SANUARY 10, 1972 PAGE 4
� that there had been some misinformation passed out. During the course of con-
versation with the signers of the original petition, they learned that in some
cases a person had signed their name and also that of their spouse, and in some
cases that spouse was not present. That petition constitutes a legal document
and carries with it certain responsibilities for honesty and integrity. He
referred to the last page of the petition in which the circulator is required
to attest that each signature is the true sa.gnature of that person and that they
have witnessed each and every signature. It is inconceivable that a circulator
of a petition could say they witnessed the true signature of a"Sohn Smith"
when the signer was a woman. He said out of 21 people called upon, 19 requested
�t their names be removed and 5 of these said the petition was signed by their
spouse. He said he had also been told that some oP the people signed their
spouses name at the suggestion of the circulator. The Council must Ue concerned
with the rights of the ma7ority and take whatever steps are necessary to verify
the signatures on the petitions, and take no further action on these petitions
until it is detesmined whether these petita.ons wexe leqally axrived at.
Councilman Harris said that as the Councilman At Large, he is sworn to uphold
the laws of the State of Minnesota and the Fridley City Charter. Each memher of
the Council was furnished with a copy of all the petitions. He said he was no
hand writing expert and not an attorney, but it is quite obvious to h.un there
appears to be some falsification. He then referred to the last page o£ the
petition which is the affidavit of the circulator and required them to attest to
the fact that each signature was "wi'tnessed by me". He said that he has received
indications from people that this is not true. This has caused hx.s rising con-
� ern whether the petitions have any valida.ty. He said he was not an attorney, and
questioned what affect false signatures would have, and if anything illegal has
been done.
The City Attorney said that he, too, had had an opportunity to examine the
petitions and believed there were questionable signatures. He felt that the
affidavits for vera.fication were also questionable. He said he did some research
into this legal sa.tuation and what the e£fects might be on the validity of
the petition, and what the proper procedure for the Council might be. He then
referred to a Supreme Court case of Anderson vs. Duluth and read some of the
7udgment. Duluth has a section in their Charter for a referendum petition much
the same as Fridley. He felt the first step would be to ascertain that the
petition was valid before proceeding any £urther. Councilman Harris asked the
legal ramifications if there are false signatures and a£alse affidavit. The
City Attorney repla.ed that the persons signing other people's names could be
found guilty of forgery, and those that attested to the authenticity of the
signatures through the affidavit could be £ound guilty of per7ury which is at
most a felony, and at the least a gross misdemeanor. They would then be turned
over to the County Attorney.
MOTION by Councilman Harris to provide the City Attorney with the latitude he
needs to enable him tA call in a hand wxiting expert and whatever else is
necessary to verify the signatures and authenticate the affidavits.
� The City Attorney said this would be �the first step, there may be other steps
after that. Councilman Harris said he wanted his motion broad enough to allow
the City Attorney some leeway to do what is necessary to get in a hand writing
expext, and adcled that he had talkecl to some that said their name appears on
the petition, but they did not sign it. The City Attorney saad that he would
expect that as a follow-up to the determination by the hand wxiting expert,
intexviews may be necessary.
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REGULAR COUNCIL MEETING OF JANUARY 10, 1972
THE MOTION seconded by Councilman Kelshaw.
PAGE 5
Mr. Frank G. Liebl, Mayor Elect, came £orward and said he would like to submit
the following statement:
"Mx. Mayor, Members of the Council, and citizens of Fridley. My name is
Frank Liebl, your Mayor-Elect.
As a Member of this City Council I participated in the fosmulation of the
Ordinance estal�lishing a cahle television franchise. I also sought, as a
candidate for Mayor, to promote a public discussion of the cal�le tele-
vision issue.
After several months of careful study with the bene£it of extensive
research by our City Staff, I decided that the best interests of the
people of Fridley would be served by granting a£ranchise under the
Ordinance which was �assed.
I am aware that Ordinance is being challenged by petition. I fully
support the right of any citizen to make such a challenge and I will
steadfastly defend that riqht so long as I am an official ,xn this
communi ty .
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I will also vigorously uphold the right of every citizen to be assured that �
the system of government speci£ied by our Fridley City Cha�ter is being
followed to the letter of the law.
I am sorry to Pind tonight that great doubt has been cast on the legitimacy
of this petition. I sincerely hope that whether it succeeds or fails, it
is free of irregularity, for it will be my unquestioned duty fxom the moment
I am sworn in as Mayor later this evening to do everything a.n my power to
ascertain the validity of this petition.
It is clear that we as elected officials can tolerate no circumvention of
the law. Should it be discwered that any individual has falsified petitions
in order to attempt to subvert the prescribed petition requirements, prompt
action must be taken,
This must be the case, for City government has the obligation of protecting
the rights of all of the citizens through the fair and impartial application
of our laws and Charter."
Mr. George Reilly said that serious allegations have been made against some of
Fridley's leading citizens, and pointed out some of the names of the circulators
and the position they en7oy in Fridley. These people may well wonder what
their legal rights are. If there are accusations to be made, then there must
also be an affidavit to that effect and the accusers must say "I aacuse you"
and put their names on the line, Untzl that time these accusations should be
ignored. '
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REGULAR CO[7NCIL MEETING OF JANUARY 10, 1972 PAG� 6
� The City Attorney said that he had no quarrel with wha� Mr. Reilly is saying and
that each and every person involved will have ample opportunity to testify. He
said his recommendation is that the Council not take any action in view of the
fact that there may be things that should be validated and there have been
questions raised of a serious nature. There are people who have indicated their
names are on the petition and they did not sa.gn the petrtion.
Mr. Reilly asked if there would continue to be further petitions circulated for
the withdrawal of names, or will things be frozen� If names are continued to be
allowed to be withdrawn, then does the other side have the same right to find if
there was any fraud? If one group of names must be verified, then the others on
the counter petition must also.
Mrs. Helen Treuenfels, 5298 Horizon Drive N.E., said that she circulated two
petitions and collected aUout 100 names and tha� she would swear that every
signature signed was signed by that person and th�zt she witnessed it. This
afternoon shortly bePore 5:00 P.M. the counter petition was received at City
Aall. She said she looked at some of the names and some wese people that she
had contacted, therefore she knew what these people had been told because she
told them. She asked some of the people why they had wrthdrawn their names and
some said they were told that it would not make any difference anyhow, that it
would cost people money, and fihex'e was nothing they could do about it anyhow.
Another person said that Mrs. Treuen£els had said it was to be a 15 year exclusive
franchise, then they were told that was not true and another said they were
� told it was only a 3 year franch�.se. She asked, "NOw who's the liar?"
Mr. Ittichard Harns, 6200 Riverview Terrace, said that his name was on that
petition and that he was not impxessed with these threats. He said this sort o£
thing is tearing the community apart and that it seemed to him that the point was
really that all they were asking was to let the people speak.
Mr. Harris continued that he appreciated the amount of time put in on the
Ordinance, the hearings, and the great amount of the Administration's hard
work. But all the people are really asking is to let the people decide for
themselves. He said let's not divide the community any further wa.th these
threats wh�.ch affect every household. A referendum is really not something
that has not been done before and pointed out there was a referendum on urban
renewal and the split liquor issue.
Councilman Harris said he did not mean to leave the impression with the people
they seem to have. He said some people ta]ked to him voluntarily, he did not
solicit thea.r comments. This is what makes him concerned about the vala.dity
o£ the petition. He said he could name names, but this certainly is not the
place to try individuals. It seems the way this situation is progressanq,
everyone will get their chance to speak under oath. The Council's intention,
upon the advice of the City Attorney, is to fulfill their duty and their
right, to determine the validrty of the signatures and the affidavits accompanying
them. He said he was only saying there are some questionable things that should
be investigated. A Councilman is sworn to uphold the laws of the State and the
� City and they are honor-bound to do so, and iP they do not, they are not doing
their duty.
MOTION by Councilman Harris to limit debate, and call for the question.
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REGULAR COUNCIL MEETING OF JANUARY 10, 1972
PAGE 7
Several members of the audience rose and said that they wanted to be heard and ,
that they still have unanswered questions. Sharon Bakke charged that the
Councilmen are their elected representatives and they have a duty to xepresent
and listen to them. Mayor Kirkham explained that there is a motion on the
floor to limit debate, that motion is non-debatable according to Robert's Rules
of Order. The charge was made earlier the Council does not operate under the
Robert's Rules, but it does, in fact, try to. This motion must be put to a
vote.
THE MOTION was seconded and upon a voice vote, Kelshaw, Kirkham, Mittelstadt
and Harris voting aye, Breider voting nay, Mayor Kirkham declared the motion
carried.
Councilman Breider ob7ected to the motion, and said that it denied him the
opportunity to speak, also that Councilmen Kelsha+a and Mrttelstadt have not
spoken. He said he still had some questions he would like to ask. Councilman
Harris deferred to Councilman Breider in allowing him to ask his question.
Councilman Breider asked, if this is postponed another week, do signatures
brought in during the week count against the original petition? The City
Attorney replied, zn his opinion, yes.
Councilman Breider said that he has sat here tonight and la.stened to both sides
argue. Tn his opinion this thing has gotten too emotional. He said he did not
understand completely Councilman Harris' motion, it seemed to him too broad. �
He agreed with Councilman Harris if something is wrong with the peta.tions, then
it is certainly the duty of the Council to have them checked, but when talking
ahout contacting the people, he would question this. Until the vala.dity of the
signatures is checked, he did not want the people placed in a position where thay
would fear legal reprisal, and would feel compelled to withdraw their names
because they do not understand the law fully and would be afraid o£ any legal
action that may come upon them. He said he would like to have Councilman Harris
explain his motion, verify the signatures, yes, but "whatever else is necessary"
- what does that mean? Until that point is clear, he could not vote to instruct
the City Attorney to go ahead.
Councilman Harris explained that he trled to give the City Attorney the authora.ty
to do whatever is necessary to check the signatures and the affidavits. He said
he does not really know what that entails, the City Attorney may find there are
other avenues open that would expidite the procedure, and xt would seem silly to
him to require the City Attorney to come back to the Council several times for
further authority, as he progresses thxough the veri£ication procedure. Council-
man Breider said he would agree with the concept that the signatures have to be
verifa.ed, but the people do have the right to ask for a referendum and he did
not want the signers of the petition to withdraw their name because they were
afraid of a legal battle. If this will result in putting the fear of God into
people that live in Fridley, then he would have to vote against the motion.
Councilman Harris said they would only have something to fear if they had done
something with impropriety. The City Attorney said that it seems this is a
matter of semantics, and that he assumed he was to take those steps necessary to �
determine the validity of the signatures and the affidavits, then report back
to the Council on what his opinion is for the next step.
REGULAR COUNCIL MEETING OF SANUARY 10, 1972 PAGE 8
� Mr. Reilly said, then as things stand, wa,thdrawals can continue. The City
Attorney said that was his opinion, however, what the law is, a�udge would
have to determine. Mr. Reilly said this would result in an inequity. It may
be determined there were misdeeds on the part of the petitioners but not on
the part o£ the withdrawals. If withdrawals are allowed to continue, then the
petitioners should have the right to check the�.r signatures and a.ffidavits a1so.
Mr• Reilly suqgested having the re£erendum and if the franchise is upheld,
everything is done, but if it is voted down, let the burden of proof and the
court wsts be on the franchisee.
UPON A ROLL CALL VOTE, Kirkham, Mittelstadt, Harris, Breider and Kelshaw voting
aye, Mayor Kirkham declared the motion carried unanimously.
RECESS:
Mayor Kirkham declared a recess at 8:45 P.M. The Meeting was xeconvened at
9:10 P.M.
OF PARTICIPATION IN THE FEDERAL EMERGENCY P�MPLOYMENT ACT PROGRAM
FOR 1972:
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Councilman Mittelstadt xead portions of the letter fxom Albert Y.ordiak, Chaixman,
County Board of Co�¢nissioners dated September 3, 1971 for the benefit of the
� audience, and also a portion of the memorandum from the City Manager dated
January 4, 1972.
MOTION by Councilman Mittelstadt to authosize entering into the program and
signing the Agreement to Save Harmless. Seconded by Councilman ICelshaw. Upon
a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously.
CONSiDERATION OF OVERTIME POLTCY FOR CLERICAL PERSONNEL:
MOTION by Councilman Breider to conour with the recommendation of the City Manager
as outlined in nis memorandum dated Sanuax'y 6, 1972, and continue on the same
basis as previously. Seconded by Councilman Harris. Upon a voice vote, all ayes,
Mayor Kirkham declared the motion carried unanimously.
REVISED SECOND READING OF ORDINANCE #490 - AN ORDINANCE UN➢ER SECTION 12.07
OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF
THE CITY CODE:
MOTION by Councilman Harris to adopt Ordinance #490 on revised second reading,
waive the reading and order publication. Seconded by Councilman Kelshaw. Upon
a roll call vote, Breider, Kelshaw, Kirkham, Mittelstadt and Harris voting aye,
Mayor Kirkham declared the motion carried unanimously.
ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS:
� FR21NK G. LIEBL, MAYQR
EVERETT F. UTTER, COUNCII�MAN AT I.ARGE
Councilman Harris said he would like to take this opportunity to say to the
Admina.stration and Staff and others the Council may at times take for granted,
a sincere thank you. He said he would like to publicly acknowledge with
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REGULAR COUNCIL MEETING OE JANUARY 10, 1972
PAGE 9
gratutide the help Marvin Brunsell, Finance Director, has given him, the City '
Engineer, Nasim M. Qureshi, for always being prepared for each and every
Council Meeting and that he has £ound him to be a well equipped man to handle
his �ob. He said he has great confa.dence in Virgil Herrick, City Attorney,
and has found that he has gone beyond the call of duty in his position as City
Attorney. To Gexald R. Davis, City Manager, he would like to say that the
Council was very very fortunate to obtain this man for the position and that he was
sure he was the best man for the �ob. Although he has not been with Fridley very
long, during the past months he has grown to admire and like him, and he was
sure the people of Fridley over the next few years will realize they have one of
the best.
Councilman Harris conta.nued that he would also like to thank the people on the
City Council; they have been most gracious. Although they have not always
agreed, all have worked hard £or what they believed in. He said it was nice to
look around the community and see the things that have come to pass while he was
in office, and it is gratifying to feel that he was a part in this community's
growth. He said that Mayor Kirkham is one of the most kind and gracious men he
knows, and he has been an example to him in his ability to exercise his good
judgment, and that the people of Fridley can well be proud of their Mayor. He
said he would like to say thank you to the people who elected him Councilman
At Large in 1965 and 1968 at the polls, and added that at times it is a trying
position, and things do not always go the way you want them to go, but he con-
siders it a privYledge to serve. He said he would like to wish Frank G. Liebl,
Mayor Elect, the best of luck and God Speed. Councilman Harris then shook hands �
with the Council and stepped down.
Mayor KYrkham stood and said that he would certainly like to add ha.s second to
everything Outgoing Councilman Harris has said. He said that he has enjoyed
the past 8 years on tlie Fridley Czty Council and is going to miss zt, and views
his stepping down with mixed emota.ons. He said that there is a lot of pressure
going off him and passed onto Mayor Elect Frank Liebl. He said he was not going
to bow out entirely but still planned on working toward the betterment of Fridley.
He then said "Adieu" and stepped down and took a place in the audience.
The City Clerk, Marvin C. Brunsell, then came forward and adminstered the oath of
of£ice to Frank G. Liebl, Mayor of Fridley, and issued the Certificate of Election.
Mayor Liebl was then congratulated by the Council and took his Chair as Mayor.
The City Clerk then adminstered the oath of office to Everett F. Utter, Council-
man At Large, and issued the Certificate of Election. Councilman Utter shook
hands with the Council and took his seat at the Council table.
Former Mayor Kirkham then came forward to present an inscribed gavel to Mayor
Liebl complements of Jim Gibson, Fridley Office Supply, with the comment that
he was sure Fridley was in good hands.
Mayor Liebl then called Former Mayor Kirkham forward to present him with a
plaque and gavel. Mayor Liebl read from the plaque as follows: �
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REGULAR COUNCIL MEETING OF JAAIIJARY 10, 1972
Jack 0. Kirkham
Councilman, Ward 1 1964 - 1966
Mayor 1966 - 1972
In Grateful Appreciation of
Your Dedication
And Outstanding Effort
While Serving Yo� Community
With Leadership, Vision, and Ability
Citizens of
Fridley, Minnesota
Sanuary 10, 1972
The gavel was inscribed as £ollows:
Mayor �7ack 0. Kirkham
City of Fridley
1966 - 1972
PAGE 10
Mayor Liebl presented the plaque and the gavel and said that we have had our
ups and downs but we have fought on an honest basis, and knowing Mr. Kirkham
has made a better man of him. He said he wished Mr. Kirkham good luck and God
Speed, and thanked him for what he has done for Fridley.
Mayor Liebl then called Eormer Councilman At Large Harris forward to present him
with a plaque inscribed as follows:
David O. Har.ris
Councilman-At-Large 1966 - 1972
In Grateful Appreciation of
Your Dedication
And Outstanding Effort
While Serving Your Community
With Leadership, Vision, and Ability
Citizens of
Fridley, Minnesota
Sanuary 10, 1972
Mayor Liebl said that they have had their arguements, but after the disagreement,
they have always walked away as gentlemen. He said he would like to say thank
you to Mr. Harris £or his service on the City Council.
Mr. James Gibson approached the Council table and said he was a member of the
Gideons Organization of Christian Business and Professional Men and it has been
� their practice to present any newly elected offica.al with a copy oP the Gideon
Bible. He �.hen presented a Bible to Mayor Liebl. Mayor Liebl said Thank You
to Nlr. Gibson and also to those that have shown their confidence in him. He
said he would like to express his thanks £or this opportunity to serve Fridley
as Mayor and he would try to the utmost to 7ustify the people's faith, and would
be a humble and dedicated Mayor. He said that if anybody has any constructive
crita.cism, it will be encouraged by this Chair.
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REGULAR COUNCIL MEETING OF JANUARY 10, 1972
PAGE 11
NEW BUSINESS. �
MOTION by Councilman Breider to reopen the discussion on the Cable Television
Re£erendum Petitions as the £irst item under NeW Business. Seconded by
Councilman Mrttelstadt. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried unanimously.
REOPENING OF DISCUSSION ON THE REFERENDUM PETITIONS - CATV:
Councilman Breider said, when talking about the petitions, there was some dis-
cussion on the circulata.ng of counter petitions £or the removal of the names from
the original petition. The Charter provides the means for suHmitking this topic
to a referendum, and if there is something wrong with the signatures, then the
Council must check them to see iF they are valid, but he would like to question
the City Attorney on whether it would be proper to freeze the counter petitions
at this time. The City Attorney read from an excerpt from a Supreme Court
ruling and said that the contxolling question would seem to ham to be if the
petrtions were certified to. In his opinion withdrawals could be allowed until
the certification, but not afterward. He further stated 'that he did not believe
the Council could freeze it, there was no authority for thxs in the Charter or
the State Statutes. Councilman Breider asked what was the time frame for certi-
fication of the petitions. The City Attorney said he did not know, but would
look it up as the Meeting progresses.
Mr. George Reilly said that the City Charter states that when a referendum �
petitzon is presented, and if there are adequate signatures, then the Council
shall then reconsider that Ordinance at their next regular meeting. He added
that the Charter does not state whether the certification is to kae done by the
City Clerk or the City Council, thezefore he would assume it would mean certi-
fication by the City Clerk. Once the petitions are certified withdrawals are
not permitted. I£ counter petitions are allowed to be circulated, more mis-
statements may be made. He urged that the referendum be held and if the
Ordinance is upheld, the burden of proof would be on the petitionexs, and if it
is voted down, the burden of proof would be on the franchisee.
Mr. Jim Gibson said he was not an attorney, but he did serve as the Mayor of
Moundsview, and he tfiought that this Council could be brought into court £or
malfeasance, misfeasance, and nonfeasance o£ office if they were to do what
Mr. Reilly is askzng. He would hate to see any of the Council removed for
malfeasance o£ his 7ob. When a petition is brought before you, it is your
duty to act one way or the other, but there have been doubts raised in the minds
of the City Clerk and the Council as to the validity, and he did not see whexe
anyone could ob�ect to the action of the previous Council. If the document pre-
sented to the Council is found to be illegal and if they voted in favor of that
document then the Council would be guilty of malfeasance o£ of£ice for not in-
vestigating the validity of that document. If it is found through the investi-
gation that it is a strict legal document, then the Council would have a legal
duty to the citizens to vote in favor of this petition and have the referendum.
If it is found there is impropriety, then the Council has the duty to certify the
document to the County Attorney for prosecution. This would be upholding yaur �
legal duty you swore to when you took office.
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REGULAR COUNCIL MEETING OF JANUARY 10, 1972 PAGE 12
� Mayor Liebl said this sub�ect has already been discussed, and he would concur
with the views of Mr. Gibson. The Council has a legal advisor, and they should
follow his advice. The City Attorney reported that he had researched his docu-
ments and can find no time limit placed on the certification of a petrtion.
Councilman Breider said he also agreed with the comments o£ Mr. Gibson, but it is
still a fact that 15% of the registered voters may sign a petition to require a
referendum, and there is no time span established to take their names off that
petition. This issue is also clouded with the possibility o£ prosecutzon at the
County level if there are improprie�ies. This would instill a lot of fear in
people that do not understand the legal involvements in an ordinance and a
refexendum petition. Ae felt they had a duty to the people submitting the
petition and also the duty to have it checked.
The City Attorney said he knew of no authority whereby the Council could freeze
withdrawals unless they chose to certify it tonight. Until that time he did
not believe anything the Council chose to do, such as trying to Preeze the with-
drawals, would have any legal consequence.
Councilman Breider asked how many questionable signatures we are talking about.
The City Attorney said that on the memorandum from the City Clerk there are
69 listed, but this may be a conservative number. This is the reason someone
expert in the field of hand writing is needed. There are some rather obvious
falsifications.
� Mrs. Helen Treuen£els said that there were a total of 2,448 names on the referendum
petitions, of those 191 were not registered, and 79 were signed with "Mrs." rather
than their own name as on the voter registration card, and 69 were other questionable
signatures. This leaves 2,109 valid signatures according to the City Clexk, so
it would seem that this would still be a valid petition since only 1,754
signatures were needed to comprise the 15� of the registered voters.
Councilman Kelshaw questioned what affect any invalid signatures would have on
those that did sign. He said Mrs. Txeuenfels has a nnmber of friends and if he
was an average citizen, if he saw Mrs. Treuen£els signature on a petition, he
may feel maybe he should sign too. He questioned what i£ someone else put on
her name? He said he did not see how the petitions could be ceztified at this
point. He said he publicly wanted to commend Bill Nee for the efforts he went
through to circulate the petition in the little time he had, also those others
who worked so hard in such a short length of time. He said he had only one
regret - that is that this amount of time, energy and money was not expended
before the public hearings and the Ordinance was adopted to find out what ca61e
television is all about. Ae said he had spent over six months and some money
in doing a good job as a Councilman and a representative of the City o£ Fridley•
He said he was very sorry it appeared he failed, he had relied on the news media
to inform the citizens, and he felt that he was let down. He did not feel the
citizens had the true story and was aery sorry this amount of energy was not
channeled into in£orming the crtizens about cable television. I£ rt were, the
picture may be very different tonight.
, Mayor Liebl said that the Council has received the opinion of their legal counsel,
and the previous Council has taken action in authorizing him to proceed with the
authentication of the signatures and the affidavrts. He felt the action of the
previous Council should stand and this Council should adhere to the advice of the
City Attorney.
9 ��4,�
REGULAR COUNCIL MEETING OF JANUARY 10, 1972 PAGE 13
MOTION by Councilman Breider to reaffirm the motion of the previous Council and �
add that the Administration be instructed not to accept any more withdrawal
petitions. He added that he did not want this thing perpetuated any further and
that he did not think it would be p,roper to allow 15 days for the circulation of
the ariginal petition, then let the counter petitio�s be circulated for 3- 4
weeks. The motion was seconded by Councilman Utter.
Mayor Liebl asked the City Attorney if this was a proper motion. The City
Attorney replied that the motion was proper, but he did not know if it would have
any legal effect. He did not believe the Council could stop individuals from
withdrawing their names before the petition is certified. Councilman Mittelstadt
said that the motion would have the effect of stopping the campaigning on both
sides, and there would be no more coercion, either for or against.
The Crty Attorney asked when the counter petition was received at City Hall.
The City Clerk said at about 4:55 P.M., January 10, 1972. They have not been
verified and they only have a rough count so far. There are 165 names. Mayor
Liebl asked how many of the signatuxes were good and the City Clerk said he
didn't know, and he was not sure if the a£fidavit was acceptable. Mr. Gibson
said it was a legal af.fidavit because he notorized zt.
MOTION by Councilman Breider to limit debate and call for the question. The
motion was seconded and upon a voice vote, Mittelstadt, Sreider, Liebl and Utter
voting aye, Kelshaw voting nay, Mayor Liebl declared the mot�on carried.
THE VOTE UPON THE MOTION by Councllman Brelder and seconded by Councilman UtteY, �
being a roll call vote, Mittelstadt, Breider and Utter voting aye, Kelshaw and
Liebl voting nay, Mayor Liebl declared the motion carried.
CONSIDERATION OF IMPROVED COMMC7NICATIONS TO THE CITIZENS OF FRIDLEY: (REQUESTED
BY COUNCILMAN KELSHAW)
Councilman Kelshaw said that in his opinion, information is not adequately being
gotten out to the public, and he would like to try a monthly letter to every
citizen of Fridley. This letter could highlight cuxrent Ordlnances the Council
is working on, what they plan on working on in the near £utuze, and generally
inform people o£ what is going on with their City Government. He said in his
opinion the news media did not do an adequate �ob with cable television.
MOTION by Councilman Kelshaw to direct the Adma.nistration to formulate a monthly
newsletter to be sent to every citizen in the City of Fridley. Seconded by
Councilman Mittelstadt for discussion.
Councilman Mittelstadt said he would like to see some figures from the City Manager
on a cost break-down both for a monthly newsletter and also on a quarterly basis.
To mail a letter to every water user could become quite burdensome. He felt a
discussion on current ordinances etc. could be done on a quarterly basis. Council-
man Kelshaw said that if it were to be done on a quarterly basis, he would still
like the opportunity, when something controversial, such as cable television
comes up, to send out letters oftener. He said he got the impression from some ,
of the people circulating the petitions that the people do not know what is
going on. If the newspapers are not covering Fridley adequately, another method
must be faund.
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REGULAR COUNCIL MEETING OF JANUARY 10, 1972
PAGE 14
� Councilman Breidex' said he would agree with Councilman Mittelstadt, perhaps
there would be another way that would cost less. Councilman Kelshaw said as
current topics of interest, there is to be a 258 unit apartment building in
Innsbruck North, the City is workinq on North Park and they are thinkinq of
a swimming pool.
The question was xaised how often the Parks and Recreation Department mails out
information. The City Manager said they make two mailings pex year including
one for beach stickers. During Ea.re Prevention Week in October the Fire Departsnent
makes a mailing. Perhaps something could 6e worked out where the letter could be
combined with these mailings. There would be a lot of cost in mailing and there
woulcl also be the cost of the preparation of good public documents and printing.
MOTION by Councilman Mittelstadt to table consideration o£ this item until a
report on Hie wsts is received from the Clty Manager. Seconded by Councilman
Utter. Upon a voice vote, Liebl, Utter, Mittelstadt and Bxeidex voting aye,
Kelshaw voting nay, Mayor Liebl declared the motion carried.
RESOLUTION #1-1972 - A RESOLUTION DESIGNATING TIME AND NUMBER OF REGULAR COUNCIL
MEETINGS.
MOTION by Councilman Mittelstadt to adopt Resolution #1-1972, inserting the
following� The City Council shall meet on the first and th�rd Mondays of eaoh
� month, with the public hearinq meetings on the second Monday of the month, with
all meetings to start at 7:30 P.M. Seconded by Counca.lman Breider. Upon a voice
vote, all ayes, Mayor Liebl declarecl the motion carried unanimously.
Councilman Mittelstadt requested that all public heariny notices that axe to be
sent out in the future designate the time as 7:30 P.M. Some have been sent out
Stating S:DO P.M. in some instances.
CONSIDERATION OF A RESOLUTION DESIGNATING A LEGAL NEWSPAPER:
MOTION by Councilman Kelshaw io table this resolution to the meeting of January
17th, and in the meantime ask the City Attorney to investigate what other news-
papers would meet the quali£ications set by the State Statutes. Seconded by
Councilman Mittelstadt.
Mayor Liebl pointed out that only one newspaper has asked to be considexed. He
questioned what the cost would be with another newspaper. He would like adequate
coverage, but the Council must also be thrifty. The City Attorney advised that
the Council, by another motion, designate the Fridley Sun as the temporary
newspaper until a permanent designation is made.
THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
MOTION by Councilman Breider to designate the Fridley Sun as Fridley's legal
� newspaper until a permanent designation is made. Seconded Hy Councilman Mittel-
stadt. Upon a voice vote, Mittelstadt, Breider, Liebl and Utter voting aye,
Kelshaw voting nay, Mayor Liebl declared the motion carried.
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REGULAR COUNCIL MEETING OF SAN[JARY 10, 1972
PAGE 15
RESOLUTION #2-1972 - A RESOLUTSON DESSGNATSNG AUTHORIZED SIGNATURES FOR THE CITY '
OF FRIDLEY BANK DEPOSIT:
MOTION by Councilman Mittelstadt to adopt Resolution #2-1972. Seconded by
Councilman Utter: Upon a voice vote, a11 ayes, Mayor Liebl declared the motion
carried unanimously.
RESOLUTION #3-1972 - A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR
TO SUBURBAN RATE AUTHORITY:
MOTION by Councilman Breider to adopt Resolution #3-1972 and designate Councilman
Donald Mittelstadt as Director and Councilman Everett IItter as Alternate Director.
Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carsied unanimously.
CONSIDERATION OF AUTHORIZATION TO ENIPLOY A CONSULTANT FOR A MARKET ANALYSIS Ok'
LTQUOR STORE #1 (SKYWOOD): (Tabled 12-20-71)
MOTION by Councilman Breider to table this item. Seconded by Councilman Kelshaw.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carrzed unanimously.
FIRST READING OF AN ORDINANCE RELATING TO REGULATION OF HIGHWAY TRAFFIC AND
AMFNDING FRIDLEY CODE OF ORDINANCES SECTION 70.01:
MOTION by Councilman Mittelstadt to adopt the ordinance on �irst xeading and
waive the reading. Seconded by Councilman Kelshaw. Upon a roll call vote, �
Breider, Kelshaw, Liebl, Utter and Mittelstadt voting aye, Mayor I,iebl declared
the motion carried unanimously.
FIRST READING OF AN ORDINANCE RELATING TO REGULATION OF DRIVERS' LICEN5E5 AND
AMENDING FRIDLEY CODE OF ORDINANCES SECTION 71,01:
MOTION by Councilman Mrttelstadt to adopt the ordinance on £irst reading and
waive the reading. Seconded by Councilman Kelshaw. Upon a roll call vote,
Breider, Kelshaw, Liebl, Utter and Mittelstadt voting aye, Mayor Liebl declared
the motion carried unanimously.
FIRST READING OF AN ORDINANCE P.MENDING CHAPTER 80.05 OF THE CITY
MOTION by Councilman Plittelstadt to adopt the Ordinance on first reading and
waive the reading. Seconded by Councilman Kelshaw. Upon a roll call vote,
Breider, Kelshaw, Liebl, Utter and Mittelstadt voting aye, Mayor Liebl declared
the motion carried unanimously.
FIRST READING OE AN ORDINANCE AMENDING CHAPTER 81.11 OF THE CITY CODE:
MOTION by Councilman Nlittelstadt to adopt the ordinance on first reading and
waive the reading. Seconded by Councilman Kelshaw. Upon a roll call vote,
Breider, Kelshaw, La.ebl, Utter and Mittelstadt voting aye, Mayor Liebl declared
the motion carried unanimously.
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REGULAR COUNCIL MEETING OF JANUARY 10, 1972
PAGE 16
' FIRST READING OF AN ORAINANCE AMENDING CHAPTER 82, SECTION 12 OF THE FRIDLEY
CITY CODE:
MOTION by Councilman Mittelstadt to adopt the ordinance on first reading and
waive the reading. Seconded by Councilman Kelshaw, i7pon a roll call vote,
Mittelstadt, Utter, Liebl, Kelshaw, and Breicler voting aye, Mayor Liebl declared
the motion carried unanimously.
RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF
DECEMBER 21, 1971:
CONSIDERATION OF A REQUEST TO CONSTRUCT AN OFFICE AND WAREHOUSE BUILDiNG
LOCATED ON PART OF LOT 1, PARCEL 300, AUDITOR'S SUBDIVISION #89, THE SAME
BEING 1305 72ND AVENUE N.E., FRSDLEY, MINNESOTA 55432. (REQUEST BY BRYANT-
FRANKI,IN CORPORATION� 1000 WEST COUNTY ROAD "D", NEW ERIGATON, MINNESOTA
55412):
The City Engineer showed the location on the overhead pro7ector and said the
plans were for an of£ice and warehouse building. The Building Standards -
Design Control recommended approval sub7ect to three stipulations.
MOTION by Councilman Mittelstadt to concur with the Building Standards - Design
Control Subcommittee an.d approve the plans sub7ect to their stipulations.
� Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
MOTION by Councilman Kelshaw to receive the Minutes of the Building Standards -
Design Control Subcommittee Meeting of December 21, 1971. Seconded by Counca.lman
Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried
unanimously.
RECEIVING TAE MINUTES OF TAE PARKS AND RECREATSQN COMMISSIQN MEETING OF NOVEMBER
22, 1971:
MOTION by Councilman BYeidex to seceive the Minutes o£ the Parks and Recreation
Commission Meeting of November 22, 1971. Seconded by Councilman Mittelstadt.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
CONSIDERATION OF APPOINTMENT OF PAID FIRE DEPARTMENT CAPTAIN: (DENNIS OTTEM)
MOTION by Councilman Breider to concur with the recommendation of the Fire Chief
and the City Manager. Seconded by Councilman Mittelstadt.
Mrs. Barbara Hughes asked what this item was and what was the salary. Councilman
Mittelstadt read the memorandum from Robert Highes, Fire Chief, dated January
7, 1972 recorc¢nending Dennis Ottem be appointed to the position of Captain. The
City Manager added, as to salary, that he would go from the top step Firefighter
at $890 a month to top step Captain at $950 a month.
� THE VOTE upon the motion, being a voice vote, all ayes, Mayor Liebl declared the
the motion carried unanimously.
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REGULAR COUNCIL MEETING OF J.ANUARY 10� 1972
PAGE 17
RECEIVING REPORT OF FIRE DEPARTNIENT PAYROLL, JUNE 22� 1971 THROUGH DECEMBER ,
13. 1971:
MOTION by Councilman Kelshaw to receive the report as suUmitted. Seconded by
Councilman Utter. Upon a voice vote, all ayes, Mayor LiebZ declared the motzon
carried unanimously.
RESOLUTION #4-1972 - A RESOLUTION REQUESTING MINNESOTA HIGHWAY DEPARTMENT FOR
ASSISTANCE:
MOTION by Councilman Kelshaw to adopt Resolution #4-1972. Seconded by Councilman
Breider Upon a voice vote, all ayes, Mayor Liebl declared the motion carried
unanimously.
RESOLUTION #5-1972 - A RESOLUTION AUTHORIZING AND DIRECTTNG THE SPLITTING AND
COMBINING OF SPECIAL ASSESSNIENTS ON LOTS 7, 8� 9 AND 10� BLOCK X, RTVERVIEW
HEIGHTS ADDITION:
MOTION by Councilman Breider to adopt Resolution #5-1972. 5econded by Councilman
Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried
unanimously.
RESOLUTION #6-1972 - AUTHORIZING AND DIRECTING THE SPLSTTING OF SPECSAL
ASSESSMENTS ON PARCELS 4300 AND 4340� LOT 36, AUDITOR'S SUSDIVISION #23� AND
REPLATTING INTO AL ROSE ADDITION: ,
MOTION by Councilman Breider to adopt Resolution #6-1972. Seconded by Council-
man Utter. Upon a voice vote, all ayes, the motion carried unanimously.
RESOLUTION #7-1972 - AUTAORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESS-
MENTS ON PARCEL 6000, SECTION 2:
MOTION by Councilman Brezder to adopt Resolution #7-1972. Seconded by Council-
man Utter. Upon a voice vote, all ayes, the motion carried unanimously.
RESOLUTION #8-1972 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESS-
MENTS ON WEST '� OF EAST '-5 OF LOTS 12 AND 13, SLOCK 2� PARCEL 2� PARCEL 1260,
SPRING LAKE PARK LAKESIDE ADDITION:
MOTION by Councilman Breider to adopt Resolut.ton #8-1972. Seconded by Council-
man Utter. Upon a voice vote, all ayes, the motion carraed unanunously.
RESOLUTION #9-1972 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESS-
MENTS ON WEST iz OF LOTS 12, 13� 14 AND 15, BLOCK 2, SPRING LAICE PARK LAKESI➢E
ADDITION:
MOTION by Councilman Breider to adopt Resolution #9-1972, Seconded by Council-
man Utter. Upon a voice vote, all ayes, the motion carried unanimously.
RESOLUTION #10-1972 - A RESOLUTION DIRECTING PREPARATION OF ASSE5SMENT ROLL FOR �
LOCKE LAKE DAM PROJECT �104:
The Finance Director reported that they will be making up the assessment roll with
consideration given to the City participation as already ordered by the Council.
Counczlman Breider said he believed this would znvolve about 200 lots.
REGULAR COUNCIL MEETING OF JANUARY 10, 1972
PAGE 18
���
, Mr. D.A. Schultz, 15 Rice Creek Way NE, said that this is spending money to make
a swamp, and he has offered pictuxes to the City Manager that clearly shows the
sand encroachment. The upper end of the lake has been ruined. He said he had
en�oyed a small sail boat, but now that en�oyment is gone, and instead they will
be saddled with an assessment. This sand has accummulated in a very few years.
,
'
MOTION by Councilman Kelshaw to adopt Resolution #10-1972. 5econded by Council-
man Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried
unanimously.
RESOLUTION #11-1972 - A RESOLUTION DIRECTING PUBLICATION OF HEARING ON PROPOSED
ASSESSMENT ROLL FOR LOCKE LAKE DAM PROJECT #104:
MOTION by Councilman Mittelstadt to adopt Resolution �yl1-1972. Seconded by
Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Liebl declared the
motion carried unanimously.
CLAIMS•
MOTION by Councilman Kelshaw to approve payment of General Claims #27285 through
#27422 and Liquor Claims #6256 through #6316. Seconded by Councilman Mittelstadt.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
LICENSES•
GeneYal Contxactors:
Bryant-Franklin Corporata,on
1000 West County Road D
New Brighton, Minnesota By: Richard L. Brama
Loeffel-Engstrand Company
612 11th Avenue South
Hopkins, Minnesota
Plastering:
John P. Steffens Co., Inc.
3819 Upton Avenue North
Minneapolis, Minnesota
Sign Erectors:
Hrede Incorporated
2211 Broadway N.E.
Minneapolis, Minnesota
Gold Medal Beverage Co.
553 North Fairview Avenue
St. Paul, Minnesota
Lawrence Sings Inc.
945 Pierce Butler Route
St. Paul, Minnesota
By: Julian E. Webstey
By: John P. Steffens
By: James Bratland
By: Arthur Margot
By. James Sullivan
Approved By
8uilding Inspector
Building Inspectox
Building Inspector
Building Inspector
Building Inspector
Building Inspector
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REGULAR COUNCIL MEETING OF JANIJARY 10, 1972
LICEN5ES CONTINUED:
Sign Erectors:
Midway Sign Co., Inc.
444 North Prior Avenue
St. Paul, Minnesota By: Arthur Ksuse
National Advertising Company
6850 South Harlem
Argo, Illinois By: D.W. To=gerson
Nordquist Sign Co., Inc.
312 West Lake Street
Minneapolis, Minnesota
Seven IIp Bottling Company
3612 East 44th Street
Minneapolis, Minnesota
By: Richard Nordquist
sy: Frank zondlo
PAGE 19
Approved By
Suildi,n.g Inspectox
Building Inspector
Building Inspector
Building Inspector
MOTION by Counczlman Breider to approve the licenses as submitf.ed. Seconded by
Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion
carried unanimously.
ESTIMATES:
Anoka County Association of Municipalities
3300 University Avenue S.E.
Nltnneapolis, Minnesota 55414
1972 Dues
Dycon Corporation
Route #1
Monticello, Minn. 55362
Estimate #1 (PARTIAL) SanitaYy Sewer and Water
Improvement Pro7ect #105-1
Suburban Engineering, Inc.
6875 Highway #65 N.E.
Minneapolis, Minnesota 55432
Estimate #3 (PARTIAL) for Stakinq of Utilities
in Innsbruck North Pro7ect #1D3
Inspection Time through 12-18-71 for construction
of utilities in Innsbruck North Pro�ect #103
(PARTIAL) Estimate #3
$ 1,000.00
$ 6,832.08
$ 1,376.36
$ 1,214.38
MOTION by Councilman Mittelstadt to approve payment of the est.unates as presented.
Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Liebl
declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF JANUARY 10, 1972
� COMMUNICATIONS:
A. GRACE HIGT-I SCHOOL: CONCERT TO BE HELD:
PAGE 20
��xl
MOTION by Councilman Breider to receive the communication from Grace High School
dated January 3, 1972 and instruct the City Manager to inform them they do not
need a license for this type of activity. Seconded by Councilman Mittelstadt.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
B. ALFRED H. SCHROEDER, CONSULTANT TO CITY OF COLUMBIA HEIGHTS: ROCK REM0�7AL
OPERATIONS OF PARK CONSTRUCTION COMPANY:
MOTION by Councilman Mittelstadt to receive the communication from Alfred H.
Schroeder dated Decemher 13, 1971 addressed to the Columbia Heights Crty Council.
Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared
the motion carried unanimously.
�• W7MFaN SMITH: I,AWSUIT� CITY OF FRIDLEY VERSUS SPRING LAKE PARK CONCERNING
STORM SEWER:
Mayor Liebl said that the Council must decide whether they want to appeal this
case to the Supreme Court and suggested the Council meet a.n Executive Sessa.on for
discussion.
� MOTION by Councilman Mittelstadt to receive the wmmunication from Wyman Smith
dated December 27, 1971 and request that this be on the Agenda for discussion for
the Meeting of February 7, 1972, and that Wyman Smrth be asked to be present.
Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl
declared the motion carried unan�mously.
COMMUNICATION FROM BARBARA HUGHES (LEAGUE OF WOMEN VOTERS) SUGGESTING THE COUNCIL
CONSIDER WOMEN SERVING ON THE CITY'S SOARDS AA1D COMMISSIOS35:
Mayor Liebl said that he, and each member of the Council, received a letter
suggesting that the Council consider women to serve on the Boards and Commissions
of the City. He said in his opinion there were Boards and Commissions where
lada.es could serve if they had the background and interest. He said he would
encourage the Council to act favorably on the suggestion. Councilman Mittelstadt
said that it would seem they should be put on a committee they would have an
interest in, such as Parks and Recreation Commission or the Suburban Rate
Autharity. Ae thought some of the other subcommittees would be boring to them.
Barbara Highes said that she only wanted to point out that the only qualification
men have to meet is that they be citizens oF Fridl�y and they are not chosen by
any specific background. Men do sit on committees that do not have engineering
degrees.
Mrs. Hughes continued that the League of Women Voters is interested in partici-
' pata.ng in the City Government, and she would like to offer a suggestion. When
the Council considers a new topic on the Agenda, she would like to have a few
words of explanation given. The audience cannot tell what the Council is talking
yQ ,
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REGULAR COUNCIL N1�ETING OF JANUARY 10, 1972
PAGE 21
about �ust by the xndex. She felt this would be enlightening to the total
citizenry. Mayor Liebl said they would try to do this.
Councilman Breider said he would assume by the indications from Mrs. Hughes
that there are women willing to serve, and asked Mrs. Highes for a list of those
ladies that would be willing to serve if they were appointed. He would not want
to make an appointment, only to £ind that it was a committee the appointee did
.
not want to serve on. Mrs. Hughes said she knew of some, but did not have a list
prepaxed, but she would submit one.
ADJOURNMENT:
MOTION by Councilman Brea.der to ad�ourn. Seconded by Councilman Utter. Upon a
voice vote, all voting aye, Mayor L.1ebl declared the motion carried unanimously
and the Regular Council Meeting of January 10, 1972 adjourned at 10:55 P.M.
Respectfully submitted,
/ � '��/��'.��`C,C�'/�L/
� Juel Mercer
Secretary to the City Council
' Iua+q� N,
Frank G. iebl
Mayor
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