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11/20/1978 - 00013981THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 2D, 1978 The Regular Meeting of the Fridley City Council was called to order at 7 30 p.m by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Councilman Fitzpatrick, Councilman Hamernik Mayor Nee, Councilman Schneider and Councilman Barnette None PRESENTATION OF PLAQUES - FRIDLEY GRACE HIGH SCHOOL AND FRIDLEY SENIOR HIGH SCHDOL Mayor Nee stated everyone in the City was supportive of the efforts of both the football teams of Grace High School and Fridley Senior Nigh School in their great achievements made in football this year. Mayor Nee stated, in recognition of those accomplishments, the Council, on behalf of the citizens of Fridley, wished to give recognttion of those accomplishments and presented plaques to each football team. Mr. David Nigon received the plaque on 6ehalf of Fridley Grace High School and Mr Bob 0'Neill received the plaque on behalf of Fridley Senior High School. Both coaches expressed their thanks and appreciation for these awards. ADOPTION OF AGEN�A: Councilman Schneider requested a resolution be added expressing appreciation to Conqressman Donald Fraser for his many years of service MOTION by Councilman Hamernik to adopt the agenda with the above addition Seconded by Councilman Barnette. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously OPEN FORUM, VISITORS Mrs Alice Anderson, 220 Rice Creek Boulevard, votced a complaint regarding a ticket she received for having her car parked in the street in front of her house at the time snow was being removed She explained it was still snowing at the time she received the ticket and felt it was un�ust for the City to tow cars away with- out giving the owner time to get out of the street. Ms. Kathy Blair, 206 Rice Creek Boulevard, explained she couldn't get her car in the driveway because the roads were too icy and after the plow went through, she was out removing the snow in front of the car and planned to move it and the pol�ce officer gave her a ticket. She felt this was unfair and stated she �s going to take time off from school to contest the ticket. Mr. Dennis Early, 267 69th Avenue, explatned he was unable to get up his driveway, therefore, h�s car was in the street next to the cur6 and he received a call from the Po]�ce Department to move it. , , , REG�LAR MEETING OF NOVEMBER 20, 1978 PAGE 2 He stated, at this time, it was still snowing very heavily and when he went to his car, there was a tow truck there and he had a ticket Mr. Early stated he felt it was safer to leave the car and wait for it to stop snowing before trying to move it. Mr. Don Blair, 206 Rice Creek Boulevard, explained the res�dents are not really compla�ning on the way the ordinance was written, but the manner in which it was enforced He felt the police officers have to use a little common sense when they issue these � tickets. He pointed out there really isn't any certain pattern on how the streets are plowed and felt there should be more consistency in enforcing the ordinance Mr. Andrew Kohlan, 236 Rice Creek Boulevard, stated Rice Creek Boulevard was left completely unplowed. He felt possibly their method of plowing should be changed and plow a path so that vehicles could get through instead of plowing close to the curb area where the cars were parked. Mr. Sobiech, Public Works Director, explained the Ctty generally begins plowing operations after the snow has stopped, however, if it is excessive they proceed with snow plowing operations. He explained that plowing begins on the snow emergency routes first which usually takes two to four hours to complete The drivers are then dispatched to other areas of the City He explained because calls were received that certain areas are always last to be plowed, the areas where they begin are rotated. Mr. Sobtech stated, if the operator of the snow plow encounters cars parked in the street, he w�ll contact the Police �epartment to remove the vehicles. Mr. Sobiech stated the normal procedure is to plow the center of the street first and then move to the outside area. � Mr Qureshi, City Manager, stated, once the plows begin their operations, the ordinance provides that there should be no vehicles on the roadway. He stated tickets are issued to veh�cles on the street only when the plows go into that area. He explained, however, if the police officer has not treated the c�tizens politely, they w�ll certainly check �nto the facts. Mr. Herrick, City Attorney, explained if the c�tizens want the snow removed as quickly and as econom�cal as possible, cars parked on the street prevent th�s and add to the cost. lie felt it was the police officer's duty to issue a citation where he sees a violation and it was the �udge's duty to deterim ne whether the violat�on occurred. He felt, unless there are very extenuating circumstances, the officer �s not equipped to enter into lengthy discussions and try to resolve these kinds of questions. Mr pon Blair felt, if a police offtcer comes upon a scene where a person is physically trying to remove h�s car, then he should use his discretion. Mr. Herrick felt he possibly should, 6ut on the other hand, he has the right to issue a ticket and the question is probably the individual circumstances at the time. Mr Blair stated his concern is the way tickets have been issued. � He stated, in other areas of the Ctty, cars are parked and the plows 90 around them and no tickets are tssued He stated he would like to see some consistency in the enforcement of the ordinance. Mrs Anderson stated �t isn't the amount of the fine, but the principle of it as she feels the ticket was un�ust. , '� , � REGULAR P4EETING OF NOVEMBER 20, 1978 PAGE 3 Councilman Hamer m k felt possibly some better public relations could have 6een used, however, the people weren't prepared for the amount of snow which was received since the storm wasn't predicted to be that severe. He felt some of these circumstances couid have been taken into consideration. Mayor Nee felt the question is mainly if the ordinance needs to be refined. He stated it appears the police officer enforced the ord7nance as �t was wr�tten. Mr Herr�ck stated, for the past several years, th�s ordinance has been discussed, however, an ord�nance is needed which gets the ,7ob done. Mr. Kohlan fe7t, if the pol�ce could use ]oudspeakers to warn the residents they have to remove the cars from the street, there wouldn't be ob,7ections if they did receive a ticket s�nce they had advanced warning. PUBLIC HEARIfJG MOTION by Councilman Fitzpatrick to waive the reading of the public hear�ng notice and open the public hearing. Seconded by Counc�lman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing opened at 8•20 p.m. � Mr. Sobiech, Public Works D�rector, stated the petitioner has requested, in this particular case, that the fee be waived. No persons in the audience spoke for or against th�s vacation request. MOTION by Counc�lman Fitzpatrick to close the public hearing. Seconded by Counctlman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8 21 p.m. OLD BUSINESS: IDERATION OF ENVI MOTIO� by Councilman Hamernik to nominate Mr. Marvin Hora for appointment to the Env�ronmental Qual�ty Comm�ssion Seconded by Counc�lman Barnette. Counc�lman Hamern�k stated P�r. Hora has an interest in this field and he is employed by the M�nnesota Pollution Control Agency. There being no further nomtnations, Mayor Nee declared the nom�nations closed. MOTION by Counc�lman Schneider to cast a wh�te ballot for Marvin Hora for appo�ntment to the Environmental Quality Comm�sston. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot- ing aye, Mayor Nee deciared the motion carried unanimousiy. �J ' � � REGULAR MEETING OF NOVEMBER 20, 1978 NEW BUSINESS CONSIDERATION OF FIRST REA�ING OF AN ORD PAGE 4 R SAV �78-04 301 MOTION by Councilman Fitzpatrick to wa�ve the reading and approve the ordinance upon first reading and further, to waive the fee as requested by the petittoner. Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RECEIVING THE CABLE TELEVISION COMMISSION MEETING PIINUTES DF NOVEMBER 2, 1978• MOTION by Councilman Schneider to rece�ve the Cable Television Commission Minutes of November 2, 1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF INCREASING PAY FOR ELECTION JUDGES: Councilman Schneider stated he would suggest the rate of $3 00/ hour for the �udges and $3 50/hour for the head �udges MOTION by Councilman Schneider to concur with the recommendatton of administration for pay increases for elect�on �udges for 1979 at $3 OD/hour for �udges and $3.50/hour for head �udges Seconded by Councilman Barnette. Councilman Fitzpatrick felt a differential in pay should be maintained between the �udges and the head �udge, but felt it should be more than proposed. MOTION by Councilman Fitzpatrick to amend the above motion to � increase the pay for election �udges at $3.D0/hour for the �udges and $4.00/hour for the head judges. Seconded by Councilman Schne�der. Upon a voice vote, all vottnq aye, Mayor Nee de- clared the motion carried unanimously. � UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS Councilman Schneider stated he had some questions regarding some of the changes proposed, not in the CETA portion, but the other departments Councilman Hamern�k indicated he would like to discuss the entire resolution more fully. MOTION by Councilman Schneider to ta61e this item to the first meeting in December Seconded by Councilman Hamern�k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -1978 ORDERING PRELIP4INARY PLANS, SPECIFICATIONS MOTION by Councilman Fitzpatrick to adopt Resolution No. 117-1978 Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. 302 REGULAR MEETING OF NOVEMBER 20, 1978 PAGE 5 RESOLUTION N0. 118-1978 RECEIVING THE PRELIMINARY REPORT AND NT MOTION by Councilman Barnette to adopt Resolution No. 118-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO 119-1978 ORDERING PRELIMINARY PLANS, SPECIFICATIONS Mr Sobiech, Publ�c Works Director, stated a public hearing was held in 1971 for this port�on of East River Road, but because of recent legislat�on, it �s required the Counc�l hear this matter again Mr. Herrick, City Attorney, stated a law was passed which states if the City is going to levy special assessments, the hearing must have been held within the last year so, therefore, it is necessary to again have the heartng on this pro�ect. MOTION by Councilman Fitzpatrick to adopt Resolut�on No. 119-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ON NO ST 1979-2 797F3 RECEIVING THE PRELIMINARY REPORT AND AND ST. 1979-4 Mr So6�ech, Pu61ic Works D�rector, stated, based on discussions with res�dents, he would recommend under ST. 1979-1 that Channel Road, Capitol Street and 66th Avenue be deleted at this time. He also recommended that under ST. 1979-4, Osborne Road 6e deleted, as it was not petit�oned and could ,7eopardize other �mprovements. P10TION by Counc�lman Schneider to adopt Resolution No 120-1978, with the deletion of Channel Road, Capitol Street and 66th Avenue under ST. 1979-1 and the deletion of Osborne Road under ST. 1979-4. Seconded by Gouncilman Fitzpatr�ck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 121-1978 TO ADVERTISE FOR BIDS - FOUR WHEEL TRACTOR LOADER. MOTION by Councilman Barnette to adopt Resolution No. 121-1978 Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. CONSIDERATION OF N REOUEST FOR MOBILE HOME LICENSE FOR TARG .E. MOTION by Counc�lman Hamernik to grant the license to Target for a mobile home to be used as an office for a two year period. Seconded by Counctlman Schneider Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously NO 122-1978 EXPRESSING THANKS Councilman Schne�der read this resolution and moved the following MOTION by Councllman Schneider to adopt Resolut�on No. 122-1478. Seconded by Counctlman Fitzpatrtck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniinously. � � � REGULAR MEETING aF NOUEMBER 20, 1978 LICENSES: PAGE 6 303 MOTION by Councilman Hamernik to approve the licenses as submitted and as on file in the License Clerk's Office Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS. � MOTION by Counctlman Barnette to authorize payment of Claims No 313AD4 through 319776 5econded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously � � ESTIMATES: MOTION by Councilman Hamer m k to approve the estimates as submitted. Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Building Mtnneapolis, MN 55402 For legal services rendered as Prosecutor for the month of October, 1978 Weaver, Talle � Herrick 6279 University Avenue N.E. Fridley, MN 55432 For legal serv�ces rendered as Czty Attorney for the month of October, 1978 $ 2,220 00 � 1,755.10 Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carr�ed unanimously. AD�OURNPIENT: MOTI�N by Gounc�lman Barnette to ad�ourn the meet�ng. Seconded by Councilman Schnetder Upon a vo�ce vote, all voting aye, hlayor Nee declared the motion carried unanimously and the Regular Meetinq of �he Fridley City Council of November 20, 1978 ad�ourned at 8:35 p.m. Respectfully su6mitted, �� ��� � ��� Carole Haddad Secy to the City Council Approved: December 18. 1978 �,��c���� �- Wtlliam J. Nee Mayor