01/17/1972 - 00017694? ��,4�
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THE MINUTES OF THE REGULAR COUNCIL MEETING OF JANUARY 17, 1972
, The Regular Meeting of the Fridley City Council o£ January 17, 1972 was convened
at 7:35 P.M
PLEDGE OF ALLEGIANCE:
Mayor La.ebl led the Council and the audience in saying the Pledge of Allegiance
to the Flag.
INVOCATION:
Councilman Kelshaw offered the Invocation.
VISITORS:
Mrs. Helen Treuenfels, 5248 Horizon Drive N.E., Recycling.
Mrs. Treuenfels asked that the Council consider making use of the recycling cen-
ter in St. Paul. It is not fully used and it would be a tremendous thing if
Eridley could set up depots where the housewives could take their things. This
would only have to be hauled, perhaps twice a month, and would not cost anything
because of the payment .for the material. She then came forward and presented
each Council Member with a pamphlet £xom the recyclinq plant. Mayor Liebl said
' thank you for her suggestion.
ROLL CALL.
NLEMBERS PRESENT: Utter, Mittelstadt, Breider, KelshaW, Liebl
MEMBERS ABSENT: None
I�DOPTION OF AGENDA:
Mayor Liebl stated the following items are to be added to the Agenda:
#27. Communication from the Locke Lake Association.
#28 Receiving the December Fire Department Report.
#29 Communication from Councilman Mittelstadt Regarding Creation of an
Environmental Commission.
MOTION by Councilman Mittelstadt to adopt the Agenda as amended. Seconded by
Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion
carried unanimously.
P[TBLIC HEARING ON P.S. #71-04, BURLINGTON NORTFIERN INDUSTRIAL PARK NO. 1- FRIDLEY,
BY BURLINGTON NORTHERN, INC., GENERALLY LOCATED ON THE WEST SIDE OF MAIN STREET
BETWEEN I. 694 AND 61ST AVENUE N.E.:
Mayor Liebl read the Public Hearing notice aloud for the audience and the City
' Engineer showed the area on the overhead pro�ector, and the plat on the easel.
The City Engineer said Burlington Northern is presenting a plat o£ the east
300' of the Burlington Northern property on the west side of Main Street
between I. 694 and 61st Zlvenue, with the exception of Lot 5, which they do not
own. This plat is presented as per the aqreement with the Council when they came
before the Council fos consideration oY their railroad expansion yard at 43xd and
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REGULAR COUNCIL MEETING OF SANUARY 17, I972 PAGE 2
Main Street. He then passed out a portion of the agreement to the Council �
to refresh their memory. This agreement covers the requirements the Counca.l
put upon the railroad company. There was a considerable discussion before the
Planning Commission and their minutes are to be found in the Council Aqenda.
She Planning Commission recommended approval, He explained the layout of the plat
and said that the main access is to be along 57th Avenue for access to the back
of these lots.
Mayor Liebl said, according to "B" on the agreement, that access to the westerly
portion would be reserved at 57th Avenue and Main Street. The City Engineer said
yes, traffic coma.ng to the back portions of this property would have to come
in at 57th Avenue. Mayor Liebl asked what type of a street 57th Avenue is from
Main Street to T.x. #47. The City Engineer said it is 9 ton, with two lanes
each way, and three lanes coming onto T.H. #47 at the intersection oP T.H. #47
and 57th Avenue. Mayor Liebl asked if this street would adequately handle the
traf£ic. The City Engineer said yes, and added with the removal of the high
tension wires from 57th Avenue, it could be expanded. The traffic would be
moving on 57th Avenue rather than 61st, which is the xeason that condition was
put in the agreement.
Mrs. Helen Treuenfels said when Hyde Park was discussed be£ore, there was some
discussion on tot lots for Hyde Park and she thought that the people were told
there would be a park in that area. Councilman Breider said he believed the park
she was speaking of was south of this area. Mrs. Treuenfels said there were
supposed to be two and at the time they were told there would be one across '
Main Street.
Mr. Jim Gibson said in regard to the extension of 57th Avenue, that he thought
it would be bad planning to have only one egress and access to an industrial
area in case of fire or other emergency, and that there should be an exit off
61st Avenue also. Mayor Liebl explained that the Council wanted to protect the
people on the east side of Main Street, and they did not want traffic so close
to the people living on Main. They wanted some guarantee of protection, although
the Council could not object to an industrial use, because it already was zoned
industrial. This provision was for the protection of the people living between
57th Avenue and 61st Avenue. The City Engineer said that the main access would
be at 57th Avenue, but that does not mean there would be no other access avail-
able. Others would be secondary.
Mrs. Treuenfels said that Hyde Park needs parks and she thought some were set
aside. Mayor Liebl said he tried for five years to get one at 61st and Main St.
and it is all a matter of money. This is very costly property. Burizngton
Northern most graciously did give us the use of some of their property on 45th
Avenue and Fridley has signed a short term lease for the use o£ the pxoperty, and
no�a for the £irst time there is a hockey rink in that area. The City Manager
said that the Counca.I and the Administration has looked at this area quite
thoroughly. There is certainly a need for parks as there is not much park
land in Hyde Park. Some people ob7ected to a park across Main Street. Tax
forfeit lots are the only lots available and they are only 40' lots and are
too small for any type of a park. The only alternate is looking into the '
purchase of a lot or lots, and would then be quite costly.
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REGULAR WUNCIL MEETING OF JANUARY 17, 1972
PAGE 3
� Mayor Liebl called for further comments on the plat, with no response.
MOTION by Councilman Kelshaw to close the Public Hearing on the final plat
presented by Burlington Northern Inc., P.S. #71-04. Seconded by Councilman
Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried
unanimously and the hearing closed at 7:50 P.M.
PROGRESS REPORT ON CATV PETITIONS FROM THE CITY ATTORNEY:
The City Attorney said that he had submitted a wra.tten report, dated January
17, 1972, outlining what his o£fice has done to date in obtaining a hand writing
expert. He said he contacted Mr. Mertin Floer, of the Minnesota Bureau of
Criminal Apprehension, who he considers the best qualified man in the State.
Mr. Floer declined in assisting Fridley because of his full time �ob wa.th the
State of Minnesota. He did give him the names of Mr. Duane Barton from Altoona,
Iowa, and Donald Dowd from Milwaukee, Wisconsin. He said he talked to both of
them on the telephone and Mr. Barton indicated he would be able to come to the
Crty of Fridley, but because of several matters he is involved in at the present
time, he could not come before Sanuary 29th. He said he then talked to Mr.
Dowd from Milwaukee, who advised him that because of the current pressure of
business, he did not feel he could do the �ob for Fridley either now, or in the
near future. Mr. Dowd did, however, recommend a Mr. Linton Godown from Chicago.
He then called Mr. Godown, who indicated he would not be able to come to Fridley,
but would be wa.11ing to examine the signatures from the petitions and the
� voter registration cards, if Fridley would want to provide him with Xerox
copies. He felt that a.f this information were £urnished him, he would be able
to detex'm�ne wrth a good deal of authenticity the validity of all the signatures
that are in question. Mr. Godown also said he would be available to testi£y in
court at a later date if that were necessary. He said he has not committed
Fridley at this poant, but his recommendation would be, i£ this matter is pursued
further, to either employ Mr. Barton, £rom Iowa, or Mr. Godown from Chicago.
Mayor Liebl said here we have two groups of citizens, and he could not see for
the life of him why we should have to wait another four weeks. He felt the City
should spend only that amount of money that would be necessary to substanta.ate
the situation, one way or the other, and this would apply to both petitions.
This Council does not have the expertise to determine whether these are all
legitimate signatures. He said that the latest he would wait would be the
February 7th Meeting, and at that time he intends to take some action. This
dissension is �ust not needed in Fridley. 150 of the registered voters does
not represent a majority in Fridley, but the Charter does provide that 150
have the right to petition. By the 7th of February the Council should be in
a position to say whether the petition is, or is not valid.
Councilman Breider asked of the City Attorney, whether it would be proper for
the Council at this point to receive the referendum petitions. The City Attorney
replied yes, this is the Council prerogative.
MOTION by Councilman Breider to accept the CATV Referendum Petition #27-1971
� (numbered by petitioners as 1 through 82, exclusive o£ #4, 9, 17, 30, 43, 49, 52,
53, 57, 58, 59, 60, 62, 70 and 75 which were not turned in at City I3a11). Also
the memorandum from the City Clerk dated Janaury 11, 1972 showing an ad�usted
total of 1,972 counted which are not in the questionable category with the
figures as follows:
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REGULAR COUNCIL MEETING OF JANUARY 17� 1972
PAGE 4
QUES- '
TION-
ASLE QUES-
QUES- MR5. TION-
TION- JOHN ABLE
ABLE QUES- DOE OTHER
MRS. TION- NOT NOT ON ON ON
JOHN ABLE REGIS- ORIGINAL 2ND 2ND
TOTAL COUNTED DOE OTHER TERED PETITION PETITION PETITION
ORIGINAL
PETITION 2,448
WITH-
DRAWAL
PFTITION 161
2,109 79
137 11
69 191
7 -2
-3 -1
ADJUSTED
TOTALS 2,287 1,972 68 62 191 -2 -3 -1
Councilman Breider said he would like to state his reasons for making his motion.
He said he spent all week end xeading the City Charter, especially Section 5
dealing with Initiative, Referendum and Recall. This entire section stresses
the will of the people and he did not like this situation where there are Fxidley
citizens against Fridley citizens. He then read from Page 12, and said both the
Initiative Section and the Recall 5ection places the benefrt o£ any doubt wrth the
citizens. Under the Imtiative Section there are 30 days given to correct any
irregularities, and he £elt the Council should accept the spirit in which the
Charter was written.
THE MDTION seconded by Councilman Utter.
Mayor Liebl said if 150 of the people are in favor of a re£erendum and question the
cable television franchise, what about the other 85�? Councilman Breider said if
there are that many in favor o£ the franchise, they will approve the ordinance.
Mr. Wyman Smith said he was in Fridley when the Charter was drawn up, although
he did not have much to do with the drafting. Many o£ the members of the Charter
Commission are still living a.n Fridley. He said he has not had anything to do
with this referendum petition, but he received a call today from the members of
the committee asking him if he would associate hamself with Mr. Reilly in case
this should get into court and he had replied that he would. He said he noticed
when Councilman Kelshaw gave the Invocation, he mentioned Government of the
people, by the people and £or the people. This is really what democracy is all
about. This right has been 7ealously guarded all down through our history and
this spirit is included in the Constitution, by many 5tates and in many municipal
charters. This ideal, applied to the situation in point, should mean i£ there
are a signifigant number of people in doubt, then there should be a second look
at the Ordinance, and that does not necessarily mean that the Ordinance would be
defeated. The fact that £ive minds voted in unison must mean to him the Orda.nance
has a great deal of inerit, but this is a democracy and if the people ask for a
referendum, then it would seem to him the Council is bound to adhere and uphold
that spirit of democracy so valued in this country. Section 5 of the Charter
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REGULAR COUNCIL MEETING OF SANUARY 17, 1972
PAGE 5
� states that the Ordinance is to be reconsidered at its next regular meeting, and
that was last week. He said he would assume if the Ordinance is upheld, the
committee would want to start court action. He urged, if this Council believes
in democracy, then have the referendum and let the people decide. It seemed to
him the Council should have acted at the last meeting, and questioned why the
Council expects the citizens to follow the letter of the Charter, but the
Council does not?
Mayor Liebl said rt was the duty o£ every Councilman to determine if the signatures
are pxoper and when he gets a certificata.on to that effect, he will act. He said
he had studied this issue over 300 hours and he has done what he thought was
expected of him to the best o£ his ability. This situation has become a political
football, and he hated to see this amount of disharmony created. He assured all
that the Council will act competently when they receive the report £rom the hand
writing expert on February 7th.
Mr. Ole B7erkesett, 100 N.E. 63'� Way, said the Council did take action at the
last meeting by referring the problem to the City Attorney to determine the
legality of the signatures on the original petitaon. Since then some things
have come up. Since the article appeared in the paper reporting the action taken,
many people have asked how they can get their names off that petition. He would
also like to say that Mr. Reilly presented himself as the attorney for the
petitioners. However, his firm is also legal counsel for Hubbard Broadcasting
Inc., and he asked if Mr. Reilly a.s representing the petitioners, KSTP, or both?
� How can one serve two masters? The citizens are entitled to know who he is
representing.
Mr. George Reilly said this is a very interesting situation. Last week we heard
character assassination of the petitioners and this week we have assassination
of hicn' He said his law firm represents Hubbard Broadcasting Ine., but he rep-
resents the petitioners and takes his instructions from them and no one else. He
said it a.s his belief that the Council has violated State Statute 471.705 by
having a closed meeting. He then read £rom the Statute, that meetings shall be
open to the public. He was re£erring to the meeting o£ last week when he ob-
�ected to the discussion of the referendum petitions being placed under "Old
Bu�ainess." He was then told that the ob�ection would become moot in view of what
the Council was planning to do. This would suggest to him some evidence that
there was some previous meeting behind closed doors before the public meeting, and
if so, he would fosmally ob7ect. He said he would like to reinforce everything
Mr. Wyman Smith has said and that a court would agree the petitioners have com-
plied with everything required in the Charter and the Council has no right to
di;;regard them, especially not on the basis of heresay. Thexe has been nothing
in writing and no one testi£ied to anything, so everything we have heard is
heresay and cannot be considered as evidence to overthrow the petition. He
would stronqly suggest not proving any invalidity on the basis of heresay and
there has been nothing presented but heresay.
Mr. Reilly went on to raise another point. The City Clerk has indicated there were
79 signatures by women using "Mrs." with her husband's name rather than her own
� name, and they were questionable. There is nothing in the Charter that prohibits
that and a person may sign any way they please, except for voter registration
cards where women must use their own first names. As an example, his wife signs
everything Mrs. George Reilly, including checks, but she had to sian her voter
registration card with her own name. Therefore, there are 79 names that should
not have been questioned. He said, also, that withdrawals are not permitted
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REGULIIR COUNCIL MEETING OF JANUARY 17, 1972 PAGE 6
after a petition has been filed. The City Attorney gave his opinion based on an �
old Minnesota case, ruling that they would be permitted until it is certiPied.
Since that time there have been other court cases tIiat ruled that �aithdrawals
would not be permrtted in a time l.unit situation. There are 10 other states
that have this same ruling. These are the decision he was aware of and knew
of no contrary decisions.
Mr. Reilly asked if the Council also intends to look into the petitions for with-
drawal and if the circulators had violated the City Chartes? That Charter provides
in Section 5.02 that no circulator or signer "shall accept or of£er any reward,
pecuniary or otherwise ---. He said he has been advised that 10 of the circu-
lators are not listed as residents of Fridley, however, that does not mean they
received any pecuniary reward.
Mayor Liebl offered the example, if a circulator came to h�.s door and offered a
convincing argument, true or otherwise, to his wife to sign a petition against
CATV, she signed, then the circulator suggested that she should sign for her
husband also. If she did this in the presence of the circulator he could not attest
undes oath to that signatuxe in the affidavit that accompanies each petition that
each and every signature is the true signature of the person purported to be
and "witnessed by me".
Mr. Reilly asked for evidence. He said nothing of this kind has been presented
except heresay. He said he did have some authority on the affect of a few
improper signatures, and that authority ruled that they would be thrown out, ,
but not the whole petition, just those names. He would have no ob�ection to
that.
Mayor Liebl asked what if the circulator committed perjury? Mr. Reilly said
there must be materiality; if the lie, or perjury, a�fected the material part of
the petition and is directly material to the question, it Would thereby directly
affect the validity of the document. Mayor Liebl said that if someone were to
come forward and state there has been a forgery, then this Council would be on
the spot, and this is why they feel they should have a hancl writing expert.
Mr. JZm Gibson said that if thexe was any unpxopriety in any of the petitions,
and the Council accepted the petitions, the Council could be taken into court
for malfeasance, nonfeasance and misfeasance if they acted before proper investi-
gation. He felt the only action open to the Council was the one they took. When
the report is brought back from the City Attorney, then there will have to be
further action.
Councilman Kelshaw said that he wanted it understood, if the people want a
referendum, they can have one. He said he has spent his time doing what he felt
he was elected to do, then made an intelligent decision and did so with a clear
conscience. The Council passed the Ordinance on a vote of 5- 0. Now it is the
people's prerogative under the Charter to petition for a referendum, they desired
to do �ust that, and went out and got their petition, and at the last meeting he
complimented them on the 7ob they did in such a short time. Now the question has
been brought up as to the validity of the petition and it is his responsibility �
as a Councilman, to see that it is valid. He asked the City Attorney i£ there was
misconduct on that petition, would that make the petition invalid? The City
Attorney said he was not prepared to answer that point, it would have to go
be£ore a �udge. In that case Mr. Smith and Mr. Reilly would present their case
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REGULAR COUNCIL MEETING OF SANUARY 17, 1972 PAGE 7
� and he would present the case o£ the City be£are a District Judge and the �udge
would make the determination whether it was invalid or not. He added that a
court would uphold the right and duty of the Council to check the validity of
a petition. Councilman Kelshaw sa�.d he could not verify that petition because of
the question marks brought forth. That meant he would have to look to legal
counsel, which is what the Council has done, and if the committee would want to
take him to court, they are free to do so. FIe added that the Council could not
automatically assume the petition was valid, in light of what has transpired,
or the franchisee would take them to court, and the Council is in the middle.
Mrs. Treuenfels asked iP, in the past week, there had been any substantiation
of any of these charges. 5he knew o£ no names, no verifications, only "I heard--"
Councilman Kelshaw said he did not know. He said he had been in touch wa.th his
constituents and one thought that Was brought up was, why not find out which
wards these 69 people are living in and have the Councilman from that ward con-
tact them. He saa.d he wanted to point out to Mr• Reilly the reason he questioned
i£ one petition was bad, would that invalidate the whole petition? He said his
reasoning was that if Mrs. Treuenfels is his friend, and he saw her signature on
the petition opposing this, then he might figure he had better be against it too,
and this action could snowball. Mrs. Treuen£els said that she did not believe
that viewpoint had any validity, because even assuming her neighbor were to know
moxe about an item than she did, and signed because she believed in her neighbor's
�udgment� that would still be a valid signature and signed by that person.
' Mr. Carl Paulson said that in back of this whole situation is an ulterior motive
and he had the evidence. The old Council was going to save this community from
the Left Winq. He added that he has been trying to save this community from
bad politics.
Councilman Sreider said that our decision has to be based on two things. First
aYe we going to continue to work on the petition from the standpoint of deter-
mining if it is valid? He added that he did not think the City Clerk could be
too far wrong in his estimates. Or second, are we going to a11ow the people a
chance to review the Ordinance further and allow them to vote on the issue? He
said he would much rather go with the latter alternative. He then asked the
Mayor to call for the vote on the question on the floor.
THE VOTE UPON THE MOTION, being a roll call vote, Utter and Breider voting aye,
Kelshaw, Liebl and Mittelstadt voting nay, Mayor Liebl declared the motion
FATLED.
MOTION by Councilman Mittelstadt to reconsider the motion of last week having to
do wa.th the freeze placed on the withdrawals. Seconded by Councilman Kelshaw.
Upon a roll call vote, Kelshaw, Liebl and Mittelstadt voting aye, Breider and
Utter vota.ng nay, Mayor Liebl declared the motion CARRIED.
Mayos Liebl announced that the people now have the right to withdraw their names,
if they so desire.
' ORDINANCE #498 - AN O.RDINANCE RELATING TO REGULATION OF HIGHWAY TRAFFIC AND
AMEN➢ING FRIDLEY CODE OF ORDINANCES SECTION 70.01•
MOTION by Councilman Ma.ttelstadt to adopt Ordinance #49B on second reading, waive
the reading and order publication. Seconded by Councilman Kelshaw. Upon a roll
call vote, Mittelstadt, Breider, Kelshaw, Liebl and Utter voting aye, Mayor Liebl
declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF JANUARY 17, 1972
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ORDINADICE #499 - AN ORDINANCE RELATING TO REGULATION OF ➢RIVERS' LICENSES AND �
AMFNDING FRIDLEY CODE OF ORDINANCES SECTION 71.01•
MOTION by Councilman Utter to adopt Ordinance #499 on second reading, waive the
reading and order publication. Seconded by Councilman Breider. IIpon a roll call
vote, Utter, Mittelstadt, Breider, Kelshaw and Liebl voting aye, Mayor Liebl
declared the motion carried unanimously.
#500 - AN ORDINANCE AMENDING CHAPTER 80.05 OF THE CITY CODE:
MOTION by Councilman Breider to adopt Ordinance #500 on second reading, waive the
reading and order publication. Seconded by Councilman Kelshaw. Upon a roll call
vote, Liebl, Utter, Mittelstadt, Breider and KelshaW Voting aye, Ma�or Liebl
declared the motion carried unanimously.
ORDINANCE #501 - AN ORDINANCE AMENDING CHAPTER 81.11 OF THE CITY CODE:
MOTION by Councilman Kelshaw to adopt Ordinance #501 on second reading, waive the
reading and order publication. Seconded by Councilman Breider. Upon a roll call
vote, Utter, Mittelstadt, Breicler, Kelshaw and Liebl voting aye, Mayor Liebl
declared the motion carried unanimously.
ORDINANCE #502 - AN ORDINANCE AMENDING CHAPTER 82, SECTION 12 OF THE FRIDLEY
CITY CODE:
MOTION by Councilman Mittelstadt to adopt Ordinance #502 on second reading, waive '
the reading and order publication. Seconded by Councilman Breider. Upon a roll
call vote, Liebl, Utter, Mittelstadt, Breider and Kelshaw voting aye, Mayor Liebl
declared the mota.on carried unanimously.
RESOLUTION #12-1972 - A RESOLUTION DESIGNATING A LEGAL NEWSPAPER:
MOTION by Councilman Breider to adopt Resolution #12-1972 and designate the Fridley
Sun as the legal newspaper for the City of Fridley. Seconded by Councilman Utter.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
CONSIDERATION OF AIITHORIZATION TO EMPLOY A CONSULTANP FOR A MARKET ANALYSIS OF
LIQUOR STORE #1 (SKYWOOD): (Tabled 12-20-71 and 1-10-72)
Mayor Liebl said he would like to make a few comments regarding the proposed
survey. Three or four years ago, before this current Council with the exception
of himself, the Council employed Horwath and Horwath to do a report on the question
of split liquor at a cost of ahout $5,000, and it has been in the dead file since
that time and has been a total waste of money. He suggested the City Manager get
it out of the files and look it over. When the report was completed, there was
not any new information that the City did not have in the�.r own files all the time.
He felt the problems we now have with the Skywood Store can be solved by our
staff. He said he would like to suggest that the City Manager, the City Clerk,
the Liquor Store Manager and Mr. Hreha work out this problem, and make their
rewmmendation to the Council, and that no market analysis be made by an outside '
firm. A person managing this type of business should be able to do this and he
did not think there was anyone more capable than the Liquor Store Manager we now
have, and that he could continue his management as he has done in the past 10
years. It seemed to him that the Liquor Store Manager should be able to solve
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REGULAR COUNCIL MEETING OF JANUARY 17, 1972 PAGE 9
� the problems of compet�tive merchandising. On May 24, 1971 the Council and
Administration received a memorandum from him which was answered by the Finance
Director on August 18, 1971, and he felt the questions raised in that memo are
still germain. He asked that the rest of the Council receive a copy of this
memo and the answer to it. He said until he could be assured the analysis would
prove valuable to the Council, he would continue to Feel that it would be spending
the taac payers money foolishly, Fridley cannot raise the taxes at the local
level, therefore, we must be thrifty.
The City Manager commented that the initial inqua.ry by Councilman Liebl was made
before he became employed in Fridley� but about June, 1971, the Council directed
the staff to check into a number of items in regard to the operation of the Sky-
wood Store which has shown a deficiency in pzofitability. One of the alternates
proposed was a relocation of the Skywood 5tore, and one poss�.bility looked into
was the periphery of the Taxget Store. Then the problem was discussed further
by the Council and they thought perhaps they needed outside information and directed
the City Manager to seoure proposals from an outside consultant, and he made his
recommendation on that basis as found in the Council Agenda. He said he would
have no objection if the Council would prefer an "in house" analysis. He said he
has talked to people on the outside in the liquos distributa.on bu5iness and at
this point he is at a loss what more the Staff could do, but he did not want
shadows cast on the management of the stores. There are four stores run, and
three make a profit and the management is the same, which suggests perhaps it is
a location problem. There have been a number of stores leaving Skywood. He
1 said he had been up there a number of times and he did not see much traffic, at
least not much foot traffic. Most experts in merchandising say that a location
near a druq store or a supermarket is the best to draw the £oot txa£fic.
Councilma.n Mittelstadt said that he felt the CiLy Manager has done a fine job in
terms of the administration of his office and he is well on the way to making a
recommendation to the Council that the relocation of the store be considered.
An outside study gxoup would probably talk to the City Manager and agree with him
and recommend the same thing• He said he would have to vote no on the question
of hiring an outside fixm to do the analysis. Mayor Liebl said that he cou"sd
not see why the Crty should spend $2100 to get an answer that the City Manager
can answer. Councilman Kelshaw said that if the analyst is not hired, then the
whole City should be looked at fox possible si�.es for relocation. He said he
received a telephone call and that person said it was ridiculous to have t17e
operation these when it is not making a psofit. Ae said that they had discussed
the Target si�e and that person thought that would be a fine idea. This is an
expensive item we are talking about and involves tax dollars. The City would like
to get as much revenue as possible and that would lower the taxes. This is an
issue people should be interested in because it would involve their tax money,
cable television does not. Mayor Liebl said that he had confxdence in the ability
of the City Manager and he has already suggested some good sites. Councilman
Kelshaw suggested that if the money is not authorized to be spent £or the con-
sultant, then perhaps the Administration should be directed to bring back before
the Councxl all the background material on the relocation study, including the
Target site. It was pointed out that Councilmen Mittelstadt and Utter have not
� had the opportunity to study this phase of the study.
Mrs. Barbara Hughes asked where the sites were that were discussed. The City
Manaqer said there were a number of sites, Target being one. Another was across
the street from Holiday, and there are three sites that were available along
T.H. #65, one was not too fax from Shorewood and one was near the Frostop Drive-
In.
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REGULAR COUNCIL MEETING OF JANUARY 17, 1972
PAGE 10
Mayor Liebl said that he was not opposed altogether to the survey, but he '
wanted to give Councilmen Mittelstadt and Utter time to study the background
material. The City Manager said that he would like to make a comment for the
Council to consider. The possibility of the relocated of the store involves a
considerable amount o£ money and most firms like to have an outside opinion.
He would certainly hope that an outside consultant would have enough business
expertise to make his own recommendation, based on his �udgment and experience,
rather than accept the City Manager's predetermined opinlons. With this amount
of money involved, it is very important to relocate in the best possible site.
Mayor Liebl asked how long it would take to physically accomplish the relocation.
The City Manager said if the purchase of the site was made right away, it would
only be a matter of how long it would take an architect to draw the plans and
build the building. The Skywood lease expires the end of this year, so there is
ample time.
MOTION by Councilman Mittelstadt to table this item to the Meeting of Febx�uary
7, 1972 when a final determination will be made. Seconded by Councilman KeZshaw.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carxied unanunously.
.RECEIVING PUBLIC RELATIONS REPORT:
The City Manager said that his memorandum dated January 14, 1972 was written in
response to Councilman Kelshaw's inquiry into establishing a newsletter to the
citizens as a public relations program. He said the purpose would be to develop �
a better understanding of proposed or enacted policies between the citizens of
Fridley and the Council and/or Admimstration. He pointed out that the Fridley
Sun suhscribers number about 400 of the 8,000 housing unYts in Fxidley. The
assumption, therefore, is that over half of the households are not receiving
the news of their local govexnment. This year Fridley did prepare a community
calendar, however, the problem at hand is how to transmit the information that
develops throughout the year to the residents. Many cities do put out a
quarterly newsletter and samples have been given to the Council for review.
Ae said he would recommend, if the Council wishes to proceed, that the news-
letter be quarterly, because the cost of a monthly newsletter would be quite
prohibitive and he did not feel the Staff could produce an adequate document on
a monthly basis. There is also the consideration that people receive a
great deal of unsolicited mail and he would not want the frequency to be such
that it was not read. He said he would esta.mate that a newsletter on a quarterly
basis for a year would cost about $5380, whethex it is done "in house" or by an
outside public relations firm. This cost could be cut down by about $800 if the
maiiings could be coordinated with the beach stickers sent out in June and the
mazling the Fire Department makes zn October, so that the out of pocket costs
would be approximately $4500. He said his recommendations were, if the Council
wishes to proceed, that the publication be on a quarterlp basis and prepared
"in house", that the newsletter must not be utilized as a partisan political
communication vehicle, that the Administrative Assistant be assigned �the job
of preparing the newsletter, and that there be a budget transfer of $4500 from
the unappropriated resesve to cover the costs plus a contingency.
Councilman Kelshaw said thank you for the report, and commented on the fact that �
only 40% of the people know what the City is doing with their tax money and he
didn't feel that was good enough. He hari relied on another media, and they did
not do the 7ob. As an example o£ what should be brought to the citizen's attention
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REGULAR COUNCIL MEETING OF JANUARY 17, 1972 PAGE 11
is the possible relocation of the liquor store. This involves their tax money.
Another issue, of course, would be CATV, and khere will be more issues coming
up during the year. He agreed that it must not be a partisal political vehicle.
MOTION by Councilman Kelshaw to inetx'uct the Administration to compile a quarterly
newsletter as outlined in the City Manager's memorandum. Seconded by Councilman
Mittelstadt.
Councilman Breider said he assumed that this would include two mailings being
made in conjunction with that of the Parks and Recreation Depaz'tment and the
Fire Department. Councilman Kelshaw said yes, but he did not want too much
material to be sent along, or it would get lost and not read. The Fire Depart-
ment report could be incorposated in the newsletter. Councilman Breider said,
as he understood it, by combining the two mailings with the newsletter the City
would save $500.
The City Managex asked what action would be necessazy to appropriate the necessary
funds. The Finance Director saa.d it woulcl be necessary to pass a resolution.
THE VOTE upon the mota.on, being a voice vote, Mittelstadt, Breider, Kelshaw and
Liebl voting aye, Utter voting nay, Mayor Liebl declared the motion carYied.
RESOLUTION #13-1972 - AUTHORIZING THE CHANGING OF BUDGET APPROPRIATIONS
WITHIN THE GENERAL FUND: (Transfer of $4500 from unappropriated reserves to
City Manager's budget section)
MOTION by Councilman Mittelstadt to adopt Resolution #13-1972. Seconded by
Councilman Kelshaw. Upon a Voa.ce vote, Mittelstadt, Bxeider, Kelshaw and Liebl
voting aye, Utter voting nay, Mayor Liebl declared the motion carried.
RECESS.
Mayor Liebl declared a recess at 9:25 P.M. The Meeting was convened at 9:50 P.M.
FIRST READING OF AN ORDINANCE FOR VACATION REQUEST SAV #71-07, VIRGINIA T.
SACOBSEN:
MOTION by Counca.lman Breider to approve the Ordinance on first reading and waive
the reading. Seconded by Councilman Mittelstadt. Upon a roll call vote, Liebl,
Utter, Mittelstadt, and Breider voting aye, (Kelshaw temporarily out of Chambers)
Mayor Liebl declared the motion carried.
RECEIVING REPORT ON THE WATERMAIN BREAK ON 62PSD WAY, WEST OF EAST RIVER ROAD:
Mayox Lieb1 read the memorandum from the City Engineer dated Sanuaxy 14, 1972 aloud
to Mr. Richard Harris, in the audience Mr. Harris said that his main concern
was really not whether the water main would break aqain, but it is near a high
pressure gas main, and that was really his main concern. If something were to
happen to the gas main, a few houses could be lost. Councilman Mittelstadt said
that the report was really not complete - he would like to know where the gas
maln was in the street and where it lies in relation to the watermain. The City
Engineer said that he could tell him where the physical £acilities are in the
street, but it is all a matter of economics. He said he hoped that i£ NLr. Harris
knows of some difficulty, he will notify the City There are a number oi areas
similar to that Mr. Harris described where there are oil lines under pressure,
and if they wese to blow,there would be trouble. He added that Fxidley does have
24 hour service.
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REGULA.R COUNCIL MEETING OF JANUARY 17, 1972
PAGE 12
MOTION by Councilman Mittelstadt to receive the report by the City Engineer '
dated January 14, 1972. Sewnded by Councilman Utter. Upon a voice vote,
all ayes, Mayor Liebl declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SANUARY 12, 1972:
MOTIdN by Councilman Mittelstadt to receive the Minutes of the Planning Commission
Meeting of January 12, 1972. Seconded by Councilman Utter.
It was pointed out that there was some Council action necessaxy before the
Minutes are received.
MOTION WITHDRAWN by Councilman Mittelstadt with the agreement of the seconder.
PRELIMINARY PLAT, P.S. #71-05, EDGEWATER GARDENS, PLAT 2� BY S.AM TEMPLIN:
Being a xeplat of Lots 1 through 9, Block 10, Fridley Park Addition.
VACATION REQUEST, SAV #71-08, SAM TEMPLIN: To vaca�e existing alley in
Elock 10, Fridley Park Addition.
MOTION by Councilman Ereider to set the Public Hearing date of February 14, 1972
for the plat and vacation request by Sam Templin. Seconded by Councilman Mittel-
stadt, Upon a voice vote, all ayes, Mayor Liebl declared the motion carried
unanunously.
LOT SPLIT REQUEST, L.S. #71-15, BY JOHN M. METCALFE: Lot 16, except the �
easterly 165 feet thereof, Revised Auditor's Subdxvision #23. For proposed
second building site.
The City Engineer showed the location on the overhead pro�ector and said the
property is located along Riverview Terrace. The Planning Commission recommended
approval sub7ect to some stipulations.
MOTION by Councilman Breider to concur with the Planning Commission and grant
the lot split requested by John Metcal£e subject to the following stipulations:
l. That the petitioner renedicate the right oi way for Rxverview Terrace.
2. That a 12 foot driveway and utility be retained from 'the lot adjacent to
Riverview Texrace to serve the lot on Mississippi River.
3. That at the time a building permrt is to be issued on the new lot, proper
steps be taken to relocate the present sewer and water service to the house
on the R1ver.
Councilman Mittelstadt asked Mxs. Metcalfe if she was present at the Planning
Commission Meeting and if she understood and agreed to the stipulations. Mrs.
Metcal£e replied she and her husband were at the Meeting and they agreed.
THE MOTION seconded by Councilman Mittelstadt. Upon a voice vote, all ayes,
Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Breider to receive the Minutes of the Planning Commission ,
Meeting of January 12, 1972. Seconded by Councilman P�Iittelstadt. Upon a voice
vote, all ayes, Mayor Liebl declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF SANUARY 17, 1972
PAGE 13
' RECEIVING THE MINUTE5 OF THE BUILDING STANDARDS - DESIGN CONTROL NIEETING OF
JAI3UARY 13, 1972:
l. CONSIDERATION OF A REQUEST TO REMODEL THE EXTERIOR OF THE EXISTING BUILDING
AND TO CONSTRUCT AN ADDISION OF 14 FEET TO EACH SIDE FOR INSIDE SEATING,
LOCATED ON LOTS 10, 11, 12, 13, 14 AND PART OF LOT 15, BLOCK 4, BENNETT-
PALMER AD➢ITION, THE SI1ME BEII3G 5831 UNIVERSITY AVENUE S30RTAEAST, FRIDLEY�
MINNESOTA. (REQUE5T BY MC DONALD5 CORP. 221 NORTH LA SALLE STREET CHICAGO
ILLINOIS 60601):
MOTION by Councilman Kelshaw to concur with the Suilding Standards - Design Control
Subcommittee and appsove the request sub�ect to their stipulations. Seconded by
Councilman Breider.
Councilman Mittelstadt said that he would like to see these requests with the
subcommittee's recommendation go before the Planning Commission before coming
to the Crty Council. The City Attorney said this point is well taken, and this
is the order set out in the Ordinance. The subcommittees are all subcommittees
of the Planning Commission and should report to them. He added that he did not
know if the scheduling of the meetings woulci progress in proper sequence, but
that should be done. Councilman Mittelstadt said that he thought there was
usually a 10 - 14 day lag. The City Attorney said that should be cut down.
The City Engineer said that the procedure followed in the past has been that
� all the subcommrttee's minutes are submitted to the Planning Commission and
are received by them, so i£ they had any comments, they could pass them on to
the Counca.l. Since the time minutes started to be recorded, fihey have been
- passed on to the Council for action directly. This has been done in an effort
to cut down on the red tape, and another step would cause further delays. The
Council has in the past tried to see that the permits could be given as soon as
posslble.
Councilman Mittelstadt said that people are appointed to serve on the Planning
Commission and he thought that it would be justi£iable a.£ all the subcommittees
were to report to them as outlaned in the Ordinance. He said he felt the new
Council should take another look at this to see if the subcommittees' minutes
should noi be studied by the Planning Commission before coming to the Council.
The Parks and Recreation Commission, he believed should make their recommendation
disectly to the Council.
Councilman Breider asked if that would not make aHout a month lag in a contractor
getting his building pexmit if he had to wait between Building Standards - Design
Control and the Planning Commission. The City Engineer said if another step is
taken, the minimum would be at least, two weeks extra. Mayor Liebl said that as
the Council knows, people coming in for buiTding permits are trying to meet a
deadline and the bua.lding season is 7ust so long. Their hurry is, in some cases,
�usti£iable.
Councilman Mittelstadt said there have been problems over the years with con-
� struction sites and building permits, and he thought bringing everything before
the Planning Commission in their due route from the subcommittee would bra.ng a
more effective recommendation to the Council. The Council cannot possibly spend
as much time on each item as the subcommittees do, so with thorough study before
coming to the Council, the Council would have to take less time with these items
on their Agenda.
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REGULAR COUNCIL MEETING OF JANUARY 17� 1972 PAGE 14
Councilman Breider suggested asking the Planning Commission what their comments
were on this procedure. The City Attorney said that if the subcommittees met
about a week before the Planning Commission, then the proper sequence could be
followed, and perhaps changing the dates of the meetings should be considered.
Mr. Richard Harris said that this would �ust make more red tape for everp appli-
cant to go through. The final decisions are made by the Council, and in some
instances, the recommendation of the Planning Commission has been reversed by
the Council anyhow. Councilman Mittelstadt commented that will be changed.
Mr. Harris said he would like to have the procedure continued as it is now.
THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Liebl
decla.red the motion carried unammously.
MOTION by Councilman Mittelstadt to instruct the Administration to write a letter
to Chazrman Erickson of the Planning Commission stating that the Council would
like to know i£ they would like to continue with the system used now, or if they
would like to have the subcommittees report to them. Seconded by Councilman
Breider. Councilman Mittelstadt commented that there is an example before the
Council now - The Planning Commission met on January 12th and the Building
Standards - Design Control met on the 13th. Upon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanimously.
2. CONSIDERATION OF A REQUEST TO REMODEL AN EXISTING BUILDING LOCATED ON LOTS
28, 29, 30, AND 31, BLOCK 4, HYDE PARK ADDITION� THE 5AME BEING 6071
UNIVERSITY AVENUE NORTAEA5T, FRIDLEY, MINNESOTA. (REQUEST BY TEXACO�
1730 CLIFTON PLACE� MINNEAPOLIS, MINN�SOTA 55403):
MOTION by Councilman Breider to concur with the recommendation of the Building
Standards - Design Control Subcommittee and approye the request with their
stipulations imposed. Seconded by Councilman Utter. Upon a voice vote, all
ayes, Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Kelshaw to receive the Minutes of the Building Standards -
Design Control Subwmmittee Meeting of January 13, 1972. Seconded by Councilman
Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried
unanimously.
RECEIVING BIDS AND AWARDING CONTRACT - PROJECT SS&SW #102: (Bids Opened 11:30 A.M.
January 17, 1972)
Planholder
C.S. McCrossan,
Box 336
Osseo, Minn. 5`
Ead Deposit Base Bid
Inc.U.S. Fidelity $964,723.64
& Guarantee
69 50
Nodland Assoc., Inc.St. Faul
Alexandria, Minn. Fire &
56308 Marine So
Lametti & Sons Inc. Federal
2560 N. Cleveland Ins. Co.
St. Paul, Minn. 55113 So
Alternate Alternate Alternate Completion
No. 1 No. 2 No. 3 Date
Add Add
Same as $32,656.00 Same as
Base Bid Base Bid
240 Cal.
Days
$562,848.00 $35,253.60 $22,148.00 $2,252.30 250 Cal.
Deduct ➢ays
$749,262.50 $32,097.40 $18,000.50 No 270 Cal.
Bid Days
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REGULAR CDUNCIL MEETING OF JANUARY 17, 1972 PAGE 15
' Alternate Alternate Alternate Completion
Planholder Bid Deposrt Base Bid No. 1 No. 2 No. 3 Date
Add Add
Barbarossa & 5ons St. Paul $897,276.00 $32,065•50 $32,209.00 $ 488.35 330 Cal.
Incorporated Fire & Deduct Days
Route 3 MaYine
Osseo, Minn. 55369 5%
Walbon Excavating American
Company Casualty
3242 Hwy. #8 5%
Mpls., Minn. 55418
Johnson BPOS. Traveler's
6311 Wayzata Slvd. Indemnity
Mpls. Minn. 55416 Co. 5%
$1,457,972.OD $10,D00.OD $10,000.00 $S,OD0.00 540 Cal.
Add Days
$688,000.00 No Bid $21,514.00 Same as 250 Cal.
Base Bid Days
Park Const. Co. U.S. Fidelity $674,500.00 $47,500.00 $22,000.00 $8,000.00 305 Cal.
51 37th AVe. NE & Guarantee Deduct Days
Mpls., Minn. 55421 So
Northern Contr. Co. U.S. Eidelity $875,000.00 $29,500.00 $40,000.00 Base Bid 30D Cal.
Hopkins, Minn. $ Guarantee No Change Days
5344 So
� Austin P. Iteller
Constr. Co.
481 Eront Ave.
St. Paul, Minn.
ssii�
Ohio Farmexs
Ins. Co.
5�
Erwin Montgomery Ohio Farmers
ConstY. Co. Ins. Co.
10883 89th Ave. N. 5�
Osseo, Minn. 553&9
Orefi � Sons Inc. Seaboard
1156 Homer St. Surety Co.
St. Paul, Minn. 55116 5�
Min-KOta Excav.. Argonaut
Incorporated Ins. Co.
3401 85th Ave. N. 5�
Mpls., Minn. 55429
Northdale Const. Fidelity
Co. Inc. & Deposit of
8208 Northwood Pkwy.Maryland
�ls. Minn. 55427 So
$980,500.00 $20,000•00 $48,335.00 $15,000.00300 Ca1.
Deduct Days
No Base Bid
$766,708.12 $38,421.24 $55,131.37 $2,241.75 395 Cal.
Deduct Days
$699,965.09 $31,005.20 $23,272.70 $3,780.00 510 Cal.
Deduct Days
$593,919•40 $23,451.00 $24,858.00 Same as 360 Cal.
Base Bid Days
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REGULAR COUNCIL MEETING OF SANUARY 17, 1972
Alternate
Planholder Bzd Deposit Base Bid No. 1
Add
PAGE 16
Alternate Alternate Completion
No_ 2 No_ 3 Date
Add
McDOnald & Assoc, U.S. Fidelity $788,987.50 $18,400.00 $30,965.55 $9,000.00 340 Cal.
211 N. Pascal St. & Guarantee Add Days
St. Paul, Minn. 55104 So
Hoffman Bros_, Inc. St. Paul $794,000.00 $48,000.00 $32.600.00 Not 510 Cal.
Atwater Fire & Submitted Days
Minn. 56209 Marine 50
The City Engineer said that he was happy to report that the low bid received
was well within the engineering estimate. He had been concerned about this
area because o£ the soil problems. The lowest bid received was from Nodland
Associates, Inc , ALexandria, Minnesota, and he would recommend awarding the
bid to them, with Alternates �k2 and �k3. Alternate 4k2 was to provide for a
subdrainage system for future streets and Alternate �k3 Wss for the use of PVC
pipe rather than truss pipe.
MOTION by Councilman Mittelstadt to award the
Associates, Inc. in the amount of• Base Bid -
Add• Alternate �k2 -
Deduct; Alternate 4k3 -
TOTAL CONTRACT PRICE;
Seconded by Councilman Utter
bid for SS&SW ik102 to Nodland
$562,848.00
22,148,00
2,252.30
$582,743.70
The City Attorney asked if the City Engineer knew anything about the company.
The City Engineer replied yes, he had checked on them. The City Attorney asked
to be notified of the insurance company Nodland Associates wi11 be using £or
their performance bond.
Mrs. Barbara Hughes asked what area this pro�ect is. The City Engineer said
zt was north of 79th Avenue and betsaeea Universzty Avenue and the railroad
tracks.
THE VOTE upon the motion, being a voice vote, all voting aye� Mayor Liebl
declared the motion carried unanimously.
RECEIVING REPORT REGARDING THE PROPOSED COUNTY IMPROVEMENTS IN THE CITY OF
FRIDLEY I'OR 1972:
The City Engineer explained that Anoka County is proposing the improvement of
tlie intersection of Mississippi Street and East River Road as approved by the
City Council. The study is underway for the Mississippi Street underpass, and
they are going to provide an additional lane at 43rd and East River Road He
said he has also discussed with tl�em the improvement of the intersections of
Mississippi Street and T.H. ��47, Osborne Road and T.H.��+7, and Central Avenue
and T H. �'k65 in con�unction with the Highway Department. He said the reason
he is bringing this to the Council's attention is that he would like to see
more monetary input by the County into Fridley and also that Fridley would
know what their plans are
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REGULAR COUNCIL MEETING OF SANIIARY 17, 1972
PAGE 17
' Mayor Liebl said that we should emphasize to them very strongly tlie need for
the improvement of the intersecCion of Mississippi Street and East River Road
and also the Mississippi Street underpass. This is a great hazard and since
Fridley contrihutes to Anoka County taxes, there should be some gottea back
Mr, Jim Gibson said that he has talked to people about Che Mississippi Street
crossing and it seems to be the general feeling that the County Commissioners
aze sittxng on their hands He would like to encourage them to get moving as
soon as possible. If that crossing is tied up for three years� it will incon-
venience a lot of people.
MOTION by Counc�Lman MittelsCadt to receive the communication from Anoka
CounCy, signed by D. E. Redepenning� dated December 9, 1971 Seconded 6y
Councilman Utter.
Councilman Utter asked, as to the Mississippi Street - East River Road inter-
section, if the streets wi11 be blocked off, and how wi11 people get onto them,
and what about the improvement of the side streets� He was told that the sida
streets were deleted because the ma�orrty oP the people were opposed to the
improvement
THE VOTE upon the motion, being a voice vote, a11 voting aye, Mayor Lieb1
declared the motion carried unan7.mously.
CONFIRMATION OF ELECTED �N➢ �PPOINTED OFFICERS OF THE FIRE DEPARTMENT�
, MOTION by Councilman Kelshaw to confirm the elections and the appointment in
the Fridley Fire Department outlined in the memorandum from the Fire Chief
dated 7anuary 12, 1972 as foLlows:
�I
Assistant Chiefs;
Captains;
Chief of Fire Prevention Bureau
Arthur Olson
Larry Peka
Thomas Kelly
LeRoy Blomster
Robert D. Aldrich
The motion was seconded, and upon a voice vote, a11 aoting aye, Mayor Lieb1
declared the motion carried unanimously,
COMMITTEES AND
F
APPOINT-
MOTION by Councilman Mittelstadt to adopt Resolution ��14-1972. Seconded by
Councilman Utter. Upon a voice vote� all voting aye, Mayox Liebl declared the
motion carried unanimously.
Mayor Liebl introduced Mr. Don Cisar� new member of the Police Commission and
Mr. James Langefeld, new member of the Auman Relations Committee, who were
present in the audience.
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REGULAR COUNCIL MCETING OF JANUARY 17, 1972
PAGE 18
MOTION by Councilman Kelshaw to adopt Resolution ��15-1972. Seconded by
Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
Councilman Kelshaw said he noticed Ben�amin Street was reduced to 31' B.B. and
asked if that would provide adequate safety. The City Engineer said the choice
was to take out some trees to make it wider or save the trees and have a narrower
street This is a residential street that wi11 not carry much traffic, so the
trees were saved.
RESOLIITION �k16-1972 - A RESOLUTION RECEIVING THE PRELIMINARY REPORT ANll CALLING
A PUBLIC HEARINC ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS;
SANITARY SEWER�WATER AND STORM SEWER PROJECT ��106: ^
The City Engiaeer said this area is the oLd Cochran plat that is being replatted
into Briardale Plat, and as the Council knows, there are drainage problems,
MOTION by Councilman Kelshaw to adopt Resolution �k16-1972 and set the date of
the publ�c Hearing for February 14, 1972. Seconded hy Councilman utter. Upon
a voice vote, all voting aye, Mayor Liebl declared the motion carried unaimously.
RESOLUTION ��17-1972 - A
THE EXCHANGE OF PROPERTY
SIDE OF 61ST AVENUE;
ND AUTHOAIZING
MOTION by Councilman Kelshaw to adopt Resolution ��17-1972. Seco�nded by Council-
man Mittelstadt Upon a voice vote, a11 voting aye, Mayor Lieb1 declared the
motion carried unanimously.
8-1972 - A RESOLUTION AUTHORIZING THE EXCHANGE OF PROPERTY FOR THE
MOTION bq Councilman Kelshaw to adopt Resolution �k18-1972. Seconded by Council-
man Utter Upon a aoice vote, al1 voting aye, Mayor Lxebl declared the motion
carried unanimously.
The City Attorney said that on the detachment by St, Williams Church, he has
noticed cars coming around the corner tend to go across the middle, and wondered
if it would not be a good idea to paint in lines. The City Engineer replied that
this is hard to do in the wintettime, but it will be taken care of when the weather
warms. Fridley has complied with all St. Williams' requirements and everything is
dope except for the striping and the Lighting that has been ordered from NSP.
CLAIMS:
MOTION by Councilman Mittelstadt to authorize payment of General Claims
4k27423 through ,'�27476 and Liquor Claims ��6317 through 4�6336. Seconded by
CounciLman Kelshaw. Upon a voice vote, a11 voting aye, Mayor Liebl declared
the motion carried.
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REGULAR COUNCIL MEETING OF JANUARY 17, 1972
ESTIMATES�
Comstock & Davis, Inc.
ConsuLCing Engineers
1446 County Road "J"
Minneapolis, Minnesota 55432
PAGE 19
Estimate ikl (PARTIAL) for the staking of the constructLOn
work for Sanitary Sewer and Watermain Improvement Pro�ec[
��105-1 from December 7 through December 31, 1971 $1,279.54
MOTION by Councilman Breider to approve payment of the estimate as presented
Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor L7.eb1
declared the motlon carried unaxtimously.
APPROVAL OF LOEFFEL-ENGSTRAND COMPANY ESTIMATE 4f4 IN THE AMOUNT OF $11,871.90
FOR M[INICIPAL GARAGE. REQUESTED BY FRIDLEY VOLUNTEER PIREMEN'S RELIEF ASSOCIA-
TION;
MOTION by Couacilman Breider to approve payment of the estimate as submrtted
by the Fridley VoLunteer Firemen's Relief Association. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
caxxied unanimously.
Mayor Liebl asked what interest the City is paying
repLZed 5-3/8%.
LICENSES•
Cigarette
George's Lounge
3720 East River Road
Fridley, Minnesota
Tavern
George's Lounge
3720 East River Road
Fridley, Minnesota
Sy: George Nicklow
By: George Nicklow
Liquor Dispensing Employee's Llcense
Anthony Nicklow
Stanley Wilson
Rand Backstrom
William Arlt
Thomas Lund
George Nicklow
The Finance Director
Approved by
Chief of Police
Chief of Police
It was pointed out that this is the first time the Council has had to consider
bartender's licenses uader the private liquor operation The City Attorney said
that under the ordinance to di�spense liquor an employee must have a license and
they must be reviewed by the police pepartment. Mayor Liebl asked if the appli-
cations are screened by a group, or by one individual. The City Manager said
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REGULAR COUNCIL MEETING OF JANUARY 17, 1972
PAGE ZO
that the license applications were processed through the Police ➢epartment ,
and the information the Council has in their agenda has been drawn from
various agencies. It has been provided as an aid to the Council as to
whether the licenses should be granted.
MOTION by Councilman Breider to table the bartender's licenses to the Meeting
of February 7, 1972 to allow the City Attorney time to review the Liquor
Ordinance. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes,
Mayor Liebl declarad the motion carried unanimouslu.
MOTION by Councilman Breider to approve the Cigarette and Tavern licenses for
Geoxge's Lounge. Seconded by Councilman Mittelstadt. Upon a voice vote, all
ayes, Mayor Liebl declaxed the motion carried unatiimously.
RECEIVING COMMUNICATION FROM LOCKE I,AKE A5SOCIATION:
MOTION by Councilman Kelshaw to receive the communication £rom MY. Wayne T.
Pearson, President, Locke Lake Association dated January 14, 1972. He then
read the communication aloud, along with the cover letter fxom the City
Manager dated January 17, 1972.
Councilman Mittelstadt said this letter results from has talking to the City
Manager about three weeks ago. He said he had received a call regarciing what
could be done about the snowmobiling on Locke Lake. He then asked the City �
Manager to look into this for him, The Association has reviewed the Ordinance
and felt that perhaps the best solution would be to hire an of£-duty Police
Officer. Th�s brings up the problem o£ whether the Association would have to
pay the officer themselves or whether this protection would fall within the
realm of ordznary police activity,
Mayor Liebl said that first it would have to be detesmined Whether Locke Lake
zs a private or public lake. Fridley passed an Ordinanoe regulating snow-
mobiling operations and since then there have been no complaints that he
knew of, except this one. At the time the Ordinance was adopted, quite a
£ew people complained and wanted snowmobiling stopped completely, but many
people like the sport and the Council had to find some in-between ground.
He said the Police Department felt that they may have trouble eniorcing the
Ordinance, and asked if the Police Departanent ha$ a snowmobile. The City
Manager replied no.
Councilman Mittelstadt said the Locke Lake Associat2on would like to know
whether it would be proper for them to come before the Police Department and
hire an off duty policeman. He added the man would be given a snowmobile
for patrolling. There are quite a few people rather emotional on either
side, but even those that do own a snowmobile have concurred in the hiring
of an officer. Many do not know of the Ordinance and do nat restrict their
children.
Councilman Breider said that the Ordinance does have xestrictions on where a '
person can and cannot operate a snowmobile. Rice Creek is protected and
Locke Lake, at least part of rt, is a skating area. He suggested the Locke
Lake Association approach the City Manager to see just what can be done for
them. Mayor Liebl asked if an off duty policeman could take this �ob, and
said that he must be pxotected in case he gets hurt. Councilman Mittelstadt
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REGULAR COUNCIL MEETING OE JANUARY 17, 1972
, said that the Locke Lake Association could bond the of£icer.
PAGE 21
The City Attorney asked a.f there was not a part of Locke Lake ihat has been
designated as a snowmobile area. The City Manager said yes, a part o£ a.t.
He added that he is a bit confused over the issues raised with Locke Lake.
It has been said that the land under Locke Lake is under private ownership,
yet the water is State domain, and he would like the assistance o£ the City
Attorney on this issne.
MOTION WITHDRAWI3 by Councilman Kelshaw.
MOTION by Councilman Mittelstadt to recea.ve the communication £rom Wayne T.
Pearson, President, dated January 14, 1972. Seconded by Councilman Breider.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Mittelstadt to instruct the City Manager to contact Mr.
Pearson and point out some o£ the things the Council has bxought up and
discuss with him the possible avenues open to the Association. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
RECEIVING THE FIRE DEPARTMENT REPORT FOR DECEMBER, 1971:
� MOTION by Councilman Kelshaw to reCeive the Eire Department Report for
December, 1971. Seconded by Councilman Utter. Upon a voice vote, all ayes,
Mayor Liebl declared the motion carried unanimously.
DISCUSSION REGARDING CONIMUNICATION FROM COUNCILMAN MITTELSTADT RE: ENVIRON-
NIENTAI, COMMIS5ION:
Councilman Mittelstadt read his memorandum aloud to the Council Members and
the audience, proposing the establishment of an Environmental Commission.
MOTION by Counca.lman Breider to receive the communication £rom Councilman
Mittelstadt. Seconded by Councilman Utter.
Mayor Liehl said in order to implement a commission of this sort there would
have to be an ordinance worked out setting up their duties and riqhts and
they would have to have some funds. He said he was pleased Councilman
Mittelstadt brought this to the attention of the Counc�l, everyone must be
concerned about the protection of their environment. Whenever a developer
has come before the Council, this Council has been very stringent on the
quala.ty of construction and the type of indu5try to be brought in. This
commission could start by pu'tting pressure on the ha.gher levels of govern-
ment to get our creeks and lakes cleaned up, and if approached from this
angle, they may be success£ul in getting some funds from the State or
Federal level. He suggested the Council start thinking about what should
be put into this ordinance.
, THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Lieb1
declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF JANUARY 17, 1972
PAGE 22
Councilman Mittelstadt said that a commission is budgetary witlzin the City
Government, and this would not be a committee. A commission is directly
responsible to the Crty Council. He would like to see this Environmental
Commission enacted and be staffed by the people of Fridley concexned ahout
their environment.
MOTION by Councilman Mittelstadt to instruct that an Oxdinance be drafted
the City Council can approve and that an Environmental Commission become
a reality.
Mayor Liebl suggested Zooking into the ordinances from other communities to
see what kind o£ ordinances they have. It must always be realized that every
ordinance takes rights away from some people and t$e good derived must be
weighed carefully against any reduction in the rights of some. Restxictions
can be carried too far, and he did not want that to happen.
Councilman Breider said that he did not think the Council necessarily needed
a motion to create and approve an Environmental Commission and he could not
vote for the implementing of an Environmental Commission as stated in Council-
man Mzttelstadt's motion, until he saw the Ordinance. Ae could not say that
it will "become a reality" at this point, and he would like the motion only
to instruct the City Attorney to look into other community's ordinances and
prepare a draft of an ordinance for the Council to consider.
THE MOTION by Councilman Mittelstadt DIED FOR LACK OF A SECOND.
MOTION by Councilman Mittelstadt to instruct the City Attorney to investigate
the oxdinances of other communities and prepaxe a draft o£ an ordinance
creating an Environmental Commission. 5econded by Councilman Breider. Upon
a voice vote, all voting aye, Mayor Liebl declared the motion carried unam-
mously.
Mr. Jim Gibson said that he has been a concerned citizen of Fridley for about
18 years. Some years ago he took pictures of raw effluent going into Rice
Creek. During the flood in 1965 for 7 weeks New Brighton dumped sewage into
Minneapolis via Long Lake, Rice Creek and the Mississippi River. He said in
view of what Councilman Mittelstadt zs tryinq to establish, he would encourage
going before the Metropolitan Council and opposing some of the actions taken
by that body. Their actions are prohibiting us from cleaning up our waters
out here. He had tried to get some opposition to the Metropolitan Council,
then the Metro Sewer Board came into focus and we were told the sewer bill
would not be any higher than $6 -$7 per quarter. Now it is $9 per quarter,
and that probably does not reflect the true picture, it shonld be hzgher.
The Metropolitan Sewer Board and the Metropolitan Council are not giving us
the true facts in the situation. If they would leave us alone and allow us
to take care of our own sewage, we would do a good job as we have in the past.
S2ECEIVING COMMUNIC.ATION FROM THE LEAGUE OF WOMEN VOTERS REGARDING WOMEN
WILLING TO SERVE ON SOARDS AND COMMISSIONS:
MOTION by Councilman Mittelstadt to xeceive the communication from BarbaYa
Hughes, League of Women Voters, dated January 17, 1972, containing a list of
women willing to serve, addressed to Mayox Liebl. Seconded by Councilman
Kelshaw. Upon a voice vote, all ayes, Mayor Liebl declared the motion
�arried unanimously.
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REGULAR COUNCIL MEETING OF JANUARY 17� 1972
� EXECUTIVE SESSIONS ON JANUARY 24� 1972 AND JANUARY 31, 1972:
PAGE 23
Mayos Liebl said that as pointed out in the memorandum £rom the City Managex
dated January 14, 1972, Mr. Wyman Smith will be unable to attend the Council
Meeting of February 7th and a study session has been suggested for January
31st. The Council must discuss the status of the lawsuit between Fridley and
Spra.ng Lake Park concerning the storm 5ewer drainage, and also the 1971
Metropola.tan Sewer Soard bill. He said he would also like to call a study
session regarding a problem that has been brought to his attention by
Councilman Utter. The Council must discuss these items, they are very
pertinent. It was agreed by the Council there would be a study session on
the 24�h of Sanuary and the 31st of January starting at 7:30 P.M.
Mrs. Barbara Hughes said that this procedure disturbed her no end. Part of
the Council's business is done in private session. She said she was aware
thexe were a£ew occasions in which this would be necessary, such as litigation
or severe personnel problems, but she could not possibly believe that there
was that much litigation and personnel problems in Fridley that would re-
quire so many private meetings. If there is a problem with the sewer rates,
the public should know about it, and they would not find out the situation
if rt was not discussed in public. The League oi Women Voters is very
interested in paz'ticipating in many functions of City government, but some-
times it is difficult to find out what is qoing on. People are very sus-
, picious of what goes on in these executive sessions. She would most strongly
urge that the City business be conducted inthe public arena.
- Nlayor Liebl explained that the Council has to learn about the facts before
they could possibly answer any questions of the public. He could not expect
the public to understand the Workings of the Metropolitan Sewer Board when
he does not understand zt yet. He said when he understands, and knows what
he is talking about to some degree, then he would be in a posrtion to discuss
it with tha public, and until that time it would be fruitless. There is no
special reason the sewer rates could not be discussed in public, but rt would
make a long boring meeting for the audience. Naturally Mrs. Hughes would
understand the problems of discussing litigation in a public session. Mrs.
Hughes said yes, she would grant that, but it is still a.ncumbent upon every
Councilman to conduct public business in public.
DISCUSSION REGARDING CITY MANAGER N1EM0 CONCERNING SIGN -"CAUTTON - DEAF
CHILD" REQUESTE➢ BY MILS. ROLLO ERDMAN:
Mayox Liebi noted the memo from the City Manager regarding a request for a
sign to read: "Caution - Deaf Child" by Mrs. Erdman, on the corner of
58th and Monroe, and asked the Administration's recommendation. The City
Manager said he believed Columhia Heights put up a sign o£ this nature. Ae
said he had talked to the Police Chief and the ➢irector of Publa.c Works and
in their opinion, a sign such as �his may do more harm than good, in that
it would instill a false sense of security in her daughter, and her best
� protection would be to be constantly alert when riding her bicycle. He said
it has been found that signs of this nature do noi really do what they were
intended, this must be the case or people would not be getting killed on
railroad crossings. There is also the consideration; if this is done for
this ehild, what about other handicapped childxen, senior citizens, ete?
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REGULAR COUNCIL MEETING OF JANUARY 17, 1972
PAGE 24
Where do you draw the line? I£ there are too many signs along a street,
people tend to disregard them.
MOTION by Councilman Mittelstadt to receive the memorandum from the City
Manager dated Sanuary 14, 1972. Seconded by Councilman Utter.
Mayor Liebl asked if there is such a sign. The City Engineer said that any
sign can be made, this is not a standard sign. Mayor Liebl asked that the
City Manager wxrte to Mrs. Erdman, The City Manager said that he had already
wrztten to Mrs. Erdman stating his position, but he would write anothex
stating the Council position, if they wish.
THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Liebl
declaxed the motion carried unanimously.
ADJOURNMENT;
MOTION by Councilman Breider to adjourn the Meetzng. Seconded by Couttcil-
man Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion caxried unanimously and the Regular Council Meeting of January
17, 1972 ad7ourned at 11:30 P.M.
Res ectfully submitted,
��� I��L'i...+'",
Suel. Mercer
Secretary to the City Council
Yl /i'�J��.�C
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Frank . Li 1
Mayor
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