11/04/1974 - 00015636I r� ��
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 4, 1974
The Regular Meeting of the Fridley City Council of November 4, 1974 was called to
order at 7:29 P.M, by Mayor Liebl.
PLEDGE OF ALLEGIANCE.
Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance
to the flag.
INUOCATION:
Mayor Liebl offered the Invocation.
ROLL CALL:
MEMBERS PRESENT
MEMBERS ABSENT:
APPROVAL OF MINUTES:
Councilman 5tarwalt, Nlayor Liebl, Councilman Utter,
Councilman Nee, and Councilman Breider.
None
PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974:
MOTION by Councilman Utter to adopt the minutes of the Public Hearing Meeting of the
Fridley City Coundl of September 16, 1974. Seconded by Councilman Starwalt. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
REGULAR COUNCIL MEETI�G OF SEPTEMBER 23, 1974:
MOTION by Counciman Starwalt to adopt the minutes of the Regular Meeting of the
Fridley City Council as presented. Seconded by Councilman Utter. Upon a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
SPECIAL COUNCIL MEETING OF SEPTEMBER 28, 1974:
MOTION by Councilman Nee to adopt the minutes of the Special Meeting of the Fridley
Ctty Council of September 28, 1974 as presented. Seconded by Councilman 5tarwalt.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
REGULAR COUNCIL MEETING OF OCTOBER 7, 1974:
MOTION by Councilman Utter to adopt the minutes of the Regular Meeting of the Fridley
City Council of October 7, 1974 as submitted. Seconded by Councilman Starwalt. Upon
a voice vote, all vot�ng aye, Mayor Lie61 declared the motion carried unanimously.
ADOPTION OF AGEN�A:
Mayor Liebl mentioned that two petitions had been presented for the Council to receive
at the present meeting, 6ut being these concerned the Street Improvement Pro,7ects
that did appear on the agenda, they would be received at that time without adding
an agenda �tem.
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MOTION 6y Councilman Utter to adopt the agenda as presented. Seconded by Councilman '
Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
�ISITORS:
MR. NICHOLAS GARAFFA, 6549 ANOKA STREET: CONCERN ABOUT CAMPAIGN VANDALISM:
Mr. Garaffa addressed the Council and expressed his concern about the vandalism to
campaign s�gns in the City.
Councilman Breider questioned the City Attorney on this point as a legal question.
Councilman Breider mentioned dur�ng campaigns, he had always placed his signs out and
kept at least 50% of the amount in reserve because of such activity.
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REGULAR COUNCIL M&TING OF NOVEMBER 4, 1974 PAGE 2
The City Attorney said this is destruction of private property and this should be
dealt with by the Poli Department or Prosecutor. He stated th�s would be
trespass and destruction of private property.
Mrs. Pat Brennen, 6717 7th St., said whe had written a letter to the Sun. She
recalled that she had heard some men talking below her hedroom window at 2:00 A.M.
and then saw them drive off. She said this had not allowed her � sleep well since
this time and she felt that this was a matter of sheer terror and fear.
' PROCLAMATION:
"HELP YOUNG AMEI�A WEEK" - NOVEMBER 17 - 23, 1974:
14ayor Liebl called on Councilman Utter to read the Proclamation.
MOTION by Councilman Utter to adopt the Proclamation, "Help Young America Week",
November 17 through November 23, 1974. Seconded by Councilman Nee. Upon a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
NEW BUSINESS.
EST FOR DISCUSSION REGARDING DEVELOPMENT IN BURLINGTON NORTHERN PROPERTY
Mayor Liebl explained he had talked to Mr. Henry Zimmer and had directed Mr. Zimmer
to prepare a letter to the City Council concerning this so he would not supersede
the Ward Councilman.
Mayor Liebl read the letter as submitted by Mr. Ztmmer with the four listed areas
of concern.
Mayor Liebl referred to the first area of concern, liability for the dama9e to the
� Zimmer property caused by blasting. He asked Mr. Zimmer if he had submitted any
claims, or had his neighbors submitted any claims. Mr. Zimmer said he had not
submitted a claim, but there were cracks tn the plaster and stucco. He said he had
talked to a representative of the railroad who had indicated the damage had been
done by settling of the house.
The Ctty Attorney advised the resident that he should initially talk to the railroad
and submit this claim. He further advised him that after this, the matter should
be referred to the ratlroad's insurance company. He sa�d if there is no action
after this, the individual could file a claim � conciliation court or municipal
court.
Mr. Zimmer indicated that this may be from $500 to $600. The City Attorney said
if the amount were $500 or under, this could be settled �n conciliation court,
and if more, this would have to be taken care of in municipal court. The City
Attorney advised Mr. Zimmer to check with the Clerk of Municipal Court during the
working hours. He further explained that each side would present their evtdence
and the ,7udge would make a decision.
Mayor Liebl questioned the Attorney's fees in such a case for a$500 claim. The
City Attorney said this would not be true if �h�s were conciliation court, there
is only a$2 filing fee.
Mayor Liebl asked tf there are any others who would have such claims for damage
done by the blasting.
, Mr. Anthony Pikus, 4036 Main Street, addressed the Council and said he lives in
the same area as Mr. Zimmer and he also has damage. Mr. Pikus said he did not
know the dollar amount of this damage, he could not say.
Gouncilman Breider questioned if there had been meetings with the people of the
area and the railroad. He recalled that this had been the case and asked if the
minutes could be researched to determine this. He recalled that the people of the
area had come in and votced concerns about the blasting and they were assured by
the railroad that any claims would be taken care of.
The representative of the Railroad, Mr. Donald E. 0'Leary, 176 5th, St. Paul, said the
insurance company for the b7asting contractor would handle such claims. He stated
that it had been some time since the qmpletion of this work, and if this insurance
is not in effect, the railroad insurance would take care of this.
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REGULAR COUNCIL MEETING OF NOVEMBER 4, 1974 PAGE 3
Gounc�lman Breider suggested having the Administration work with the people of the
area �n obtaining the estimates, and if there is no action from the railroad, they
could go to court action after this.
MOTION by Councilman Breider to direct the people of the area to work with the
Administration to formulate the plan for submitting the claims with copies of these
claims 6eing retained at City Hall to keep track of the action taken. Seconded by �
Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the
motion carried unanimously.
Mayor Liebl mentioned the lighting of the area and asked if it would be possible
to regulate and control this so it does not shine in the homes of the area people.
Mr. Pikus said when �t is dark and no lights are on, he is able to walk around his
house because it is iighted by the railroad lights.
Mayor Liebl asked if the berm had been installed and Mr. Zimmer sa7d it had, but the
lights are higher than this and shine over ii. Mayor LiebT asked if the fencing
had been installed. Mr. Zimmer said yes, 6ut they would like-to have the strips
installed in the fence.
The City Manager said the ratlroad had talked about some fencing and strips for the
fence and also some planting for this area. He mentioned that the landscape plan
had not been approved by the railroad at the present time, but would be dotte in the
near future. He said they would be working on this plan in the spring.
The Representative of the ra�lroad assured the area res�dents that the landscaping
would be carried through this area. He also mentioned that the flood lights are
still in the construction stage and perhaps are not focused and directed proper9y
at the present time.
Mayor Liebl asked Mr. 0'Leary if it would be possible to have a meeting with Mr.
Zimmer to enable them to reach a satisfactory conclusion to the lighting problems. �
Mr. 0'Leary said he would do this.
Mayor Liebl said he hoped the landscaping plan would call for the planting of trees
on the berm to reduce the amount of light and noise. Mr. 0'Leary said the land-
scaping plan would be 6rought to the City for approval before the work is done.
Mayor Liebl asked if Mr. 0'Leary would furnish a copy of the plan to the area
property owners for their approval. Mr. 0'Leary satd this could be done.
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MOTION by Councilman Utter to receive the letter from Tri-Co Builders, Inc., James
E. George, Treasurer dated October 30, 1974. Seconded by Councilman Starwalt.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
Mayor Lie61 questioned the Assessor on this type of action and whether or not it
would conform to policy.
The Assessor answered he would recommend that the special assessments not be
reduced or the residents of the whole City would be able to bring up the same
request.
A representative of Tri-Co Builders said the letter of request had stated that the
Company would pay all of the special assessments, but in the letter they had asked ,
that the back taxes and penalties be waived.
The representative said the property would be a buildable site without the additional
30 feei which �s being referred to at the present time.
The Assessor said this would have to be done at the County level with approval by the
State.
The City Attorney said there is no guarantee that this could be done by the County.
He suggested the Assessor work with the County for this type of action. The Assessor
said he owuld help in anyway he could to get the taxes waived at the County level.
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REGULAR COUNCIL MEETING OF NOVEMBER 4, 1974 PAGE 4
Councilman Breider said he is aware that the City cannot waive the taxes, but he
felt the City Council could recommend that this 6e done by the County. He said
if this is not done, there is the possibiltty of creating a 30 foot strip of land
that would be isolated and could go tax forfett. He thought if this is the
case, the City may not obtain the monies due for the special assessments.
MOTION by Councilman Nee to agree in principle to support the application to the
� County to waive the payment of the back taxes and penalties on the lot described,
but not waive the special assessments. Seconded by Councilman Bredier. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
CONSIDERATION OF EXTERIOR DEVELOPMENT PLAN REQUEST BY FRFlPlK'S NURSERY:
The Public Works D�rector explained how this consideration had been tabled because
the landscaping plan was not prepared at the previous consideration by the Subcomm�ttee.
He said they withdrew the request with the understainding that they would come back
at a later date when the plans were complete. He further pointed out that they had
prepared an exterior development plan and would like to begin work before the winter
months. He pointed out the area in question on the map on the screen and said all
of the plan is according to the code and the width of the parking stalls are correct.
A representattve of Frank's Nursery said there would be no more merchandise out in the
front of the building. This would be removed. He questioned the stipulation of
installation of the fencing and said he believed that it would be more attractive
to look at rows of evergreen trees than a wooden fence.
The representative of Frank's Nursery sa�d the work is to be done by the 15th or
18th of November.
Councilman Breider said this matter would have to go back to the Building Standards-
Design Control Subcommittee. He said he would not want to bypass the Subcommittee,
but he did understand the situation with the winter freeze coming.
� MOTIOfI by Councilman Breider to approve the parking plan, but direct the applicant
to go back to the Building Standards-Design Control Subcomm�ttee for the final
approval on the landscaping plan. Seconded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor Liebl declare d the motion carried unanimously.
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 23, 1974
A PROPOSED PRELIMINARY PLAT, P. S. #74-D6, ZAN�ER'
The Pu67ic Works �irector said this had been ta6led and will be considered at a
later time.
CONSIDERATION OF A
TO VACATE
The Publtc Works Director said the Planning Commission had recommended approval
of the vacation. He also pointed out that there were no ob�ections on the
administravite level and the City had received a letter from the utiltty company
� stating they had no ob�ections to the vacation.
The Public Works Director said it would be in order to set a Public Hearing.
MOTION by Councilman Breider to set a Public Hearing for November 18, 1974.
Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
MOTION by Councilman �tter to receive the minutes of the Planning Commission Meeting
of October 23, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING
OF OCTOBER 2 , 197 :
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REGUl�AR COUNCIL MEETI�dG OF NOIIEMBER 4, 1974
CONSIDERATION OF A
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ING TO BE USED A5 AN OFFICE
The Public Works Dtrector said the Planning Commission had recommended approval
of the request with three stipulations. He read the stipulations.
Mr. Sobtech po�nted out the proposed construction on the plans on the easel
and explained the elevation drawings.
Mayor Liebl asked the amount of the total cost of the planned construction and
a representative of the applicant said $1,000,000. He explained there would
be 14,000 square feet of office space and 48,OOD square feet of warehouse.
He stated that the facility would employ approximately 45 people.
The representative said there would be no problems with any of the stipulations.
MOTION by Counci7man Nee to approve the request for the construction by GTE Sylvania
Inc., with stipulat�ons two and three as recommended by the Subcommittee, but
deleting the first recommended stipulation. Seconded by Cauncilman Utter.
Councilman Nee said he would like the company to have the option of this first
stipulation and he had confidence in the Company and their taste. He thought
the Company should be able to work this out on their own.
UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried
unanimously.
MOTION by Councilman Utter to receive the m�nutes of the Butlding Standards-Design
Control Subcommittee of October 24, 1974. Seconded by Councilman Starwalt. Upon
a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE HUMAN RELATIONS COMMITTEE MEETING OF OCTOBER 17, 1974:
AND
I�ING PETITION #21-1974 - REQUESTING 7HE STATE MANPOWER SERVICES IN FRIDLEY BE
mnrn Tn rniri imc nni CMDI nvMCniT rnnnicri i rnir_ cro�rrrr-rn❑ i.innnrni.
MOTION by Councilman Utter to receive the minutes of the Human Relations Committee
Meeting of October 17, 1974. Seconded by Councilman Starwalt.
Councilman Starwalt referred to the portion of the minutes concerning the �nployment
conselhng service for women and asked if this would involve any financial obligation
on the part of the City. He said he would like additional information on the
ramifications and asked where the $19,000 would come from.
Mrs. Grace Lynch, 580 54th Avenue, member of the Human Relations Committee, addressed
the Council and said she had a statement to make concerning this item.
UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carr�ed unanimously.
Mayor Liebl read the proposed resolution submitted by the petitioners.
MOTION by Councilman Nee to receive Petition #21-7974, requesting the State Man-
power Services in Fridley to be expanded to include an employment counselling service
for women. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor
Liebl declared the motion carried unanimously.
Mrs. Grace Lynch read a statement of explanation to the Council and explained that
the petitioners were seeking endorsement of the proposal by the City Council. She
also explained that they would like to have space made available for this project.
She explained that there is a total of $315,000 available in the five county area
and they were making a request for $19,000. Mrs. LyPtch said they would have to apply
for the funds. She said they may not receive anything, but if they did not apply
they would n�t have any chance of receiving anything.
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REGULAR COUNCIL MEETING OF NOUEMBER 4, 1974 PAGE 6
�9rs. Lynch explained that the funds would be applied for through CETA (Comprehensive
Employment Trainin9 Act). She pointed out that they had already put in their bid
for the funds, this could be done by the Committee or Board. Mrs. Lynch further
explained that there is no other service established like this in the State of
Minnesota.
Councilman Breider questioned the type of screening there would be for the counselors.
Mrs. Lynch said there would be trained volunteers that would be trained and tested.
' She said they would be geared to this type of training.
Councilman Breider expressed his concern for research on this type of training and
control of the counselling. He said he would like some assurance that the right
advice and training would be given.
Mrs. Lynch said the only paid personnel in the service would be the coordinator.
She said this would involve helping point out the number and variety of jobs in
the community and advise the person on what type of skills and training would
be needed along with providing information on how to develop self confidence.
Councilman Breider said he believed that this should 6e set up properly before the
City went into this. He said he would be in favor of asking the Administration to
work with the Human Relations Committee to set up the machinery to account for the
$19,000 expenditure for this counselling service. He said he would ltke to know who
would be working for who, and who is in charge of what. He said he would also want
to know on what type of things the people would be counselled on.
MOTION by Councilman Breider to instruct the Administration to work with the Human
Relations Committee to set up the machinery to accomplish a WOW program and report
back to the Council with that machinery in order, showing the accounting for the
money, and also accounting for the counselors and counselling, and also provide
information on furnishing of a physical facility.
, Mrs. Lunch pointed out that the service would not train, they would only suggest forms
of training and correlation of studies on what women need. She said they would deter-
mine what type of women are coming in and what they are looking for in light of the
,7ob market. She continued saying they would determine what the women has and what she
would need. She said they would advise them on where to go for the proper training.
Mrs. Lynch explained the City would not have anything to do with kind of service,
the City funds would not be involved, they would ,7ust l�ke some help in setting
up the service.
SECONDED BY Councilman 5tarwalt. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
Councilman Breider asked the City Manager if it would be possible to prepare the
ncessary information by the first of December. The City Manager said that this
money would have to be obtained through the County. He said he was not familiar
with the processes necessary for this type of function, but hoped they would be able
to prepare this material and facts by this time.
RECEIVING THE MINUTES OF THE PARKS AND RECREATI�fV COMMISSIDN MEETING OF OCTOBER 29, 1974:
MOTION by Councilman Starwalt to receive the minutes of the Parks and Recreation
Commission Meeting of October 29, 1974. Seconded by Councilman Utter. Upon a
voice vote, all voting aye, Mayor Liebl declared the mot�on carried unanimously.
� RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF OCTOBER 16, 1974:
MOTION by Councilman Starwalt to receive the minutes of the Citizen Bikeway Committee
of October 16, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
CONSIDERATION OF APPROVAL OF STOP SIGN INSTALLATION ON 5TH AT 63RD AVENUE•
The Public Works Director made a statement explaining the need for the placement of the
stop stgns based on an engineering survey and placement of traffic counters in the
area.
Mayor Liebl questioned the need for this sign and indicated he believed by talk�ng
to the people of the area that the stop sign should be placed oppostte this sign.
Mayor Liebl asked if the Administration had been in contact with the people living
in the area.
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REGULAR COUNCIL MEETTNG OF NOVEM$ER 4, 1974 PAGE 7
The Publ�c Works Director said thetr decision had been based on the traffic count.
The City Manager suggested the Council receive the report at this time and a�proVe
the existing sign and the Administration would continue to study the area and if
additional controls or mpdification of the controls are needed, this would be taken
care of.
MOTION by Councilman Brieder to concur with the placement of the stop sign on 5th �
Street at 63rd Avenue. Seconded by Counc�7man Utter. Upon a voice vote, Councilman
Nee, Councilman Starwalt, Councilman Utter, and Councilman Breider voting aye, and
Mayor Liebl voting nay, Mayor L�ebl declared the motion carried four to one.
ION #123-1974 - OR�
MOTION 6y Councilman Starwalt to receive PAtttion #23-1974, favoring the improvement
of Baker Street. Seconded by Counc7lman Utter. Upon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanimously.
Mr. Michael Manuel, 6315 Baker Street, addressed the Counctl and questioned if it wauld
be possible to install such things as speed bumps to get the speed reduced on Baker
Street. He stated there is a speeding prob7em in the area.
Mayor Liebl said they could do a survey of the traffic of the area and determine if
a stop sign would be warranted. He explained that the speed 6umps could not be used
because of the iiability problems.
Councilman Starwalt asked if the stop signs should be tnstalled at the present time,
or perhaps they should wait uniil the compTetion of the improvement project to
determine the proper placement. He explained that often after such an improvement,
the speeding will be increased because of the improved road surface. �
Councilman Utter agreed with the suggestion of placing a counter in the area, but
said if there is a stop sign installed this should be on Baker Street rather than
64th.
The City Manager said this would be no problem, and he would check into this.
Mrs. Manuel said she did not know if the use of the counter would do much good, it
was not the amount of traffic, 6ut the way that the people drive in this area.
Mr. Sobiech said th�s type of study is done by looking at the count and also the
speeding situation. He assured the people that both.aspects would 6e looked into.
He stated, the stop signs should not be installed to solve a speeding problem.
MOTION by Councilman Nee to receive the petition in opposition to the assessments
and improvement on 70th Way from East River Road to Hickory Drive, Petition #22-1974.
Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
Mayor Lieb7 listed the streets that would be included in the ST. 1975-1 and ST. 1975-2
(MSAS) street improvement projects.
MOTION by Councilman Starwalt to adopt Resolution #123-7974 deleting 70th Way from
East River Road to Hickory Drive, ordering improvement and final plans and ,
specifications and estimates of the costs thereof; Street Improvement Pro�ect
ST. 1975-1 and ST. 1975-2 (MSAS). Seconded by Councilman Breider. Upon a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
RESOLUTION #124-1974 - DELETING CERTAIN STREETS FROM THE P�ROPOSED 1975 STREET
IMPROVEMEiVT PROJECT ST. 1975-1 A � RI G SE S E
YEAR 1 78:
i�OTION by Councilman Breider to adopt Resolution #124-1974 deleting certain streets
from the proposed 1975 Street Improvement Pro�ect 1975-1 with the addition of
70th Way from East River Road to Hickory Drive, and ordering these streets to be
improved in the year 1978. Seconded by Councilman Utter.
Councilman N� questioned if this would mean that they were presently ordering the
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REGULAR COIJNCIL MEETING OF NOVEMBER 4, 1974
PAGE 8
�mprovement of Capita] Street for 1978. The City Manager po�nted out that there
would have to be re-notification of the property owners and another public hearing
at that time.
The City Attorney said this is true, there would have to be another public hear�ng.
UPON A UOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously.
UTION #125-1974 - APPROVING PLANS AND ORDERING ADVERTISEMENT FOR BI�S: SS&SW #116:
MOTION by Councilman Utter to adopt Resolution #125-1974 approving plans ordering
advertisement for bids, SS&SW #116. Seconded by Councilman Starwalt. Upon a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
CLAIMS:
GENERAL 37583 - 37728
LIQUOR 9301 - 9326
MOTION by Councilman Utter to approve the claims. Seconded 6y Councilman Nee.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
LICENSES:
GENERAL CONTRACTORS
Aymar Construction
2422 Howard Street N. E.
Minneapolis, Minn. 55418
Briar Construction Company
10134 Central Avenue
Blaine, Minn. 55434
Eigenheer Builders
2828 Highway #10 N. E.
Minneapolis, Minn. 55432
Mr. Siding Incorporated
10800 Xavis Street N. W.
Coon Rapids, Minn. 55433
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Ira Aymar
Rick Carlson
Robert Eigenheer
Terry 5horblom
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C. Belisle
C. Belisle
C. Belisle
C. Belisle
MOTION by Councilman Utter to approve the aforementioned licenses. Seconded by
Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unantmously.
ESTIMATES:
H. & S. Asphalt Company
5400 Industry Avenue N. E.
Anoka, Minnesota 55303
FINAL Estimate #3 for Street Improvement Project
ST. 1974-4
� Comstock & �avis, Inc.
1446 County Road "J"
Minneapolis, Minn. 55432
PARTIAL EStimate #2 for the furnishing of
Professionsl Engineering Services for planning
Sanitary Sewer Improvement Project #113
$16,852.97
$ 7,116.17
MOTION by Councilman Utter to approve the estimates. Seconded by Counci7man Starwalt.
Upon a voice vote, all voting aye, Mayor Liebl dec7ared the motion carried unanimous7y.
CONS
SETTING A
R THE
ELECTION
MOTION by Councilman Bretder to set the meeting date for November 5, 7974 General
YE�G
REGULAR COUNCIL MEETING OF NOVEMBER 4, 1974
PAGE 9
Election Statement of Canvass for Thursday, Novanber 7, 1974 at 6:00 P.M. Seconded
by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb7 declared the
motion carried unanimously.
DISCUSSION REGAR�ING FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER, KJELLBERG VS.
CITY OF FRIDLEY:
The City Attorney explained that this was a case where the City of Fridley had been �
charged with sex discrimination. He explained that''this had been filed some time
ago and the Federal Court had made a decision in favor of the City, but the State
decided against the City. He said the City had been ordered to pay a claim of
$350 which would be the diEference between the wages from the position not obtained
at the City and the one that was obtained.
The City Attorney said the Park Department feels very strongly that this persDn was
not hired because of performance standards. He continued to explain that this case
could be appealed, but he felt there was less than a 50% chance of having a change
in the award and there would be additional cost to the City. Mr. Herrick pointed out
that the Park Department fee7s very strongly that this decision is wrong and that they
had a valid reason for not rehiring the person.
Councilman Starwalt said he felt if the person had not obtained the �ob because of
performance and used sex an an excuse, he felt this should be heard. He suggested
considering appealing the case.
The City Manager said there are points to he considered on both sides of this matter.
He said the beach area is comprised of 50/50 employment by men and women. He further
commented he was surprised at the decision since the Federal decision was �n favor
of the City. He said he felt the person was not hired because of performance.
Councilman Breider asked if this matter of performance was noted in the person's
personnel file before this decision to not rehire was made. He further questioned
if this decision had been discussed with the Personnel Director. He noted with the �
continually increasing of this type of concern, it is essential that the personnel
files and activities be watched very carefully.
Counc�lman Utter said he believed this decis�on and matter was handled strictly
by the Park and Recreat�on Department. He explained this was a tempot^ary summer
position.
MOTION by Councilman Breider to pay the claim in the amount of $350 to Constance
Kjellberg. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor
Liebl declared the motion carried unanimously.
DISCUSSION REGARDING SETTLEMENT OF OFF-SALE LIQUOR S70RE LEASE:
The City Attorney explained that there is a$7,000 lease figure. He said Mr.
Nicklow wants to use the space and improve the operation. He said the $7,000 would be
applied to the purchase price of the adjoining property. He said in the future if the
City wants to build an off-sale store, they will sell the property back to the City.
He said this had been presented to the City Manager and Staff and the Administration
recommended approval of the settlement of the situation. He further stated that the
term of the contract would be five years, and th�s would allow enough time for the
City to determine if they wanted the property. At this time, if it is determined
that the property is not wanted by the City a warranty deed could be presented.
The City Manager said it would be in order to concur with the staff recommendation �
and authorize the settlement. He pointed out that this would also put the
property back on the tax v°olls.
MOTION by Councilman Nee to concur with the recoirnnendation of the Administration
and instruct the Administration to prepare the necessary documents. Seconded by
Councilman Breider. Upon a roll call vote, Councilman Nee, Councilman Breider,
Councilman Starwalt, Mayor Liebl and Councilman Utter voting aye, Mayor Liebl
declared the motion carried unanimously.
COMMUNICATIONS:
ST. PAUL ATTORNEY: NSP PROPOSED INCREASE:
MOTION by Councilman Utter to receive the communication from the St. Paul Attorney
REGULAR COUNCIL MEETING OF NOVEMBER 4, }974
PAGE 10
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concerning the NSP proposed increase dated October 22, 1974. Seconded by Councilman
Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
ADJOURNMENT:
, MOTIDN 6y Councilman Breider to adjourn the meeting. Seconded by Councilman Utter.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously
and the Regular Meeting of the Fridley City Council of November 4, 1974 ad,7ourned
at 10:02 P.NI.
Respectfully submitted,
O� i�a..��,...._.
Pat Ranstrom Frank G. Liebl
Secretary to the City Council Mayor
!A �'-�-, '
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Date Approved
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