11/04/1991 - 00006290�
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
NOVEMBER 9, 1991
The Regular Meeting of the Fridley City Council was called to order
at 7:35 pm. by Mayor Pro Tem Schneider.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Schneider led the Council and audience in the Pledge
of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT:
Mayor Pro Tem Schneider, Councilwoman
Jorgenson, Councilman Billings and Councilman
Fitzpatrick
Mayor Nee
Mayor Pro Tem Schneider stated that Mayor Nee is in the hospital
and has a bone spur in his larynx, which has caused him respiratory
problems. He stated that it is anticipated he will be home
shortly.
PRESENTATION OF PROCLAMATION:
NATIONAL COMMIJNITY EDUCATION DAY - NOVEMBER 19, 1991:
Mayor Pro Tem Schneider read and issued a proclamation proclaiming
November 19, 1991 as National Community Education Day. He called
upon all citizens to observe Community Education Day by recognizing
and supporting the efforts of the schools to address the literacy
needs.
Ms. Schaub, Community Education Director, accepted this
proclamation and stated that last year they had 334 students
enrolled in Adult Basic Education and nine GED graduates. She
stated that it was exciting to have literacy as this year's theme
for Community Education Day.
APPAOVAL OF MINUTES:
COUNCIL MEETING, OCTOSER 21, 1991:
MOTION by Counailman Fitzpatrick to approve the minutes as
presented. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA: �
Mayor Pro Tem 5chneider stated staff has requested that an item be
added as follows: (17) Set Public Hearing Pursuant to Economic
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FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 4, 1991 PAGE 2
Recovery Fund Application to the Minnesota Department of Trade and
Economic Development for Purposes of Assisting McGlynn Bakeries
with the Redevelopment of the former Totino Pizza Manufacturing
Facility.
MOTION by Councilman Billings to adopt the agenda with the above
addition. Seconded by Councilman Fitzpatrick. Upon a voice vote,
all voting aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
OPEN FORUM, VISITORS:
SNOW EMERGENCY•
Mayor Pro Tem Schneider stated that he wished to commend the Public
Works Director, John Flora, on the excellent job of handling the
snow emergency.
Mr. Flora, Public Works Director, stated that the credit goes to
Ralph Volkman, Jim Bates, and all the personnel in the Public Works
Department. He stated that the crews went out for nineteen hours
Friday and plowed every street in the City and then ten hours later
went out and opened all the intersections. He stated it is hoped
that the intersections can now be widened to clear the sight lines.
NATIONAL NIGHT OUT AWARD:
Mr. Hill, Public Safety Director, stated that today the City
received an award he felt should be brought to Council's attention.
He stated that the City held a National Night out, which was a
tremendous success with about 3,000 citizens participating,
involving 63 organized neighborhoods and 119 block captains. He
stated that this would not have been a success without all the
support of the civic organizations and members of Council who have,
at one time or another, participated in National Night Out.
Mr. Hill stated that there is national competition, which requires
some significant planning and rigid reporting, and cities are
judged on the level and nature of participation. He stated that
Fridley has received a plaque for the National Award for National
Night Out. He stated that several of these awards are given out
in the country, with 30 competing in Fridley�s category, and
Fridley and Richfield were the recipients in Minnesota. He stated
that he wished to share this information and award with Council as
they were part of the success o£ this program.
Mayor Pro Tem Schneider stated that it is
Department, as well as the block captains
such an active role in crime prevention.
a tribute to the Police
and residents, who take
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1991 PAGE 3
' OLD BUSINESS•
1. RESOLUTION NO. 84-1991 DESIGNATING TIME AND NUMBER OF COUNCIL
MEETINGS•
MOTION by Councilwoman Jorgenson to adopt Resolution No. 84-1991.
Seconded by Councilman Fitzpatrick.
Councilman Billings asked if staff coordinated this calendar with
legal and religious holidays. He stated that last year there were
some conflicts.
Mr. Burns, City Manager, stated that he was not sure if this had
been done but would check further.
Mayor Pro Tem Schneider suggested that the resolution be adopted
and for staff to determine ii there are any conflicts.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Pro Tem Schneider declared the motion carried unanimously.
NEW SUSINESS•
2. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
� CODE, CAAPTER 101, ENTITLED "ANIMAL CONTROL" BY AMENDING
SECTIONS 101.01.09, 101.04, 101.04.05, 101.04.08, 101.11, AND
ADDING NEW SECTION 101.04.13 AND AMENDING CHAPTER 205,
ENTITLED "ZONING" BY AMENDING SECTION 205.03.39:
Mr. Hill, Public Safety Director, stated that this is both an
amendment to the Zoning Ordinance, as well as to the Animal Control
Ordinance. He stated that gublic hearings were held before the
Planning Commission and City Council on the proposed amendments.
Mr. Hill stated that the ordinance amendments came about over a
variety of issues pertaining to various sections of the Animal
Control Ordinance. He stated that one change in the Zoning
Ordinance, as well as in the Animal Control Ordinance, is changing
the definition of a kennel to allow three, rather than two animals.
He stated that in checking with other cities it was found that
Fridley was one of the most restrictive in this area.
Mr. Hill stated that another issue was the language on barking
dogs, which was too vague and probably would be unenforceable. He
stated that this is based on a recent Edina case before the
Minnesota Court of Appeals where their ordinance contained much the
same language as Fridley's. He stated that it is suggested the
language be changed to make it more enforceable.
� Mr. Hill stated that another proposed change is recommended by the
Parks and Recreation Commission regarding animals in parks and on
beaches. He stated that there is a small section in the Park
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FRIDLEY CITY COUNCIL MEETING OF NOVEMHER 4, 1991 PAGE 4
1 Ordinance which relates to animals in parks, but it was felt this
should be contained in the Animal Control Ordinance. He stated
that it is also recommended that animals be prohibited in Community
Park due to citizen complains about animals barking or snapping at
children. He stated that the exception would be seeing eye dogs,
which are covered in the State statute and are allowed in any
public place.
Mr. Hill stated it is also proposed that vicious animals be
prohibited within the City limits and that the code be amended
accordinqly,
MOTION by Councilman Fitzpatrick to waive the reading and approve
the ordinance upon first reading. Seconded by Councilman Billings.
Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared
the motion carried unanimously.
3. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY. MINNESOTA, BY MAKING A CHANGE IN ZONING
DISTRICTS (REZONING REQUEST, ZOA #91-02, BY TOM BRICKNERL
Mr. Burns, City Manager, stated that this is a request by Mr. Tom
Brickner to rezone property at 6450 Central Avenue from C-1 and C-2
to R-3 to allow the construction of an apartment complex. He
� stated that the petitioner proposes to construct a 48-unit
apartment complex containing 12-one bedroom units and 36-two
bedroom units. He stated that the building would be three stories
high with above and below ground parking. Mr. Burns stated that
Mr. Brickner has agreed to sign several deed restrictions to
prohibit outdoor sheds, swimming pools and limit the number of
persons per unit.
Mr. Burns stated that the project is consistent with the intent of
the R-3 zoning and meets requirements for lot size, setbacks, and
parking. He stated that a landscaping plan will be required, and
the petitioner will be asked to save as many trees as possible in
order to provide screening for the residential properties to the
west. He stated that drainage would be to the northwesY corner,
and water would flow in the existing ditch along the west property
line to a series of pipes and to Moore Lake.
Mr. Burns stated that the north driveway would be combined with the
south driveway of Sandee's Restaurant. He stated that staff has
a concern about the scale of this building and the mixed land use
on Old Central Avenue, but it is generally felt the project would
have less of an impact than other projects that are consistent with
the present zoning. He stated that it is recommended this rezoning
be approved with eight stipulations, which he outlined.
� Ms. Schwartz, 1372 - 64th Avenue, stated that she owns residential
property in Minneapolis and recently received a letter that they
are considering eliminating R-3 zoning. She stated that what they
FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 4, 1991 PAGE 5
� are proposing is that this zoning be changed in accordance with the
zoning of surrounding property. She suggested that the City may
wish to contact Dale Pollock at 673-2353 regarding Minneapolis'
plans. She stated that Fridley has a higher vacancy rate than
Minneapolis, and perhaps it may be in line for the City to consider
eliminating the R-3 zoning.
MOTION by Councilman Billings to concur with the recommendation of
the Planning Commission and deny Rezoning Request, ZOA #91-02.
Seconded by Councilwoman Jorgenson.
Mayor Pro Tem Schneider stated that he felt Mr. Brickner's proposal
was excellent as far as the apartment complex. He stated that
there is no question there is a significant need for this type of
housinq, as there is a shortage of quality housing for those who
are retiring or "empty nesters." He stated, however, that people
purchase property based on surrounding zoning and felt a rezoning
has to have the support of the neighborhood. He stated that based
on the City's study of this area, he would conclude this is a spot
rezoning. He stated that he would like to see this building
constructed and would like staff to work with Mr. Brickner to see
if there is another suitahle location in the City to construct this
apartment.
� Councilman Billings stated that he concurs with Mayor Pro Tem
Schneider's comments. He stated that this site is in the midst of
an area that has commercial zoning on each side and did not feel
it was appropriate to rezone it to R-3. Councilman Billinqs stated
he felt that spot rezoning was a very rare exception. He requested
that City staff work with Mr. Brickner to try to find a location
in the City to construct this apartment complex, as he felt there
was a need.
Councilwoman Jorgenson stated that the apartment complex is
designed beautifully and hoped Mr. Brickner could find another
location in the City.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Pro Tem Schneider declared the motion carried unanimously.
4. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE. CHAPTER 603, ENTITLED "INTOXICATING LIOUOR," BY AMENDING
SECTION 603.11.01. HOURS OF OPERATION:
5. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 606. ENTITLED "INTOXICATING LIQUOR ON-SALE
CLUBS," BY AMENDING 606.11.01, HOURS OF OPERATION:
6. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
� CODE, CHAPTER 602, ENTITLED "BEER LICENSING," BY AMENDING
602.09.01. HOURS:
Mr. Pribyl, Finance Director, stated that the changes covered in
Items 4, 5, and 6 are the hours of operation contained in the State
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4. 1991 PAGE 6
� statute. He stated that these changes would modify the City's code
to reference the State statute so as hours are modified, the City
need not make changes to the code. He stated that the legislature
had changed the restrictions on holidays, which had never been
implemented in the City Code.
MOTION by Councilman Fitzpatrick to waive the reading and approve
the above three ordinances, Items 4, 5, and 6, upon first reading.
Seconded by Councilman Billings.
Councilman Billings stated that he would like to table these items,
as he would like additional time to consider these changes. He
stated that he realizes the City ordinances cannot be less
restrictive than the State, but it does allow them to be more
restrictive.
MOTION by Councilman Billings to table Items 4, 5 and 6. 5econded
by Councilwoman Jorgenson.
Councilwoman Jorgenson stated that she has difficulty with keeping
bars open until 1:30 in the morning.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Billings,
Councilwoman Jorgenson, and Councilman Fitzpatrick voted in favor
� of the motion. Councilman Schneider voted against the motion.
Mayor Pro Tem Schneider declared the motion to table carried by a
3 to 1 vote.
Mr. Hill, Public Safety Director, stated that there was a question
raised if a restaurant could sell liquor on holidays. He stated
that it appears the ordinance is confusing as written. He stated
the interpretation is that they could not sell liquor after 8 p.m.
on holidays. He stated that it was not clear if the language for
off-sale was intended for on-sale. He stated that there is no
desire to change the hours of operation or to be as liberal as the
State statute.
Councilman Billings stated that if the State were to change the
hours the City could have a problem if the State statute was
adopted by reference, as it may be not what the City wants.
Mayor Pro Tem Schneider asked that staff clarify the language.
7. RESOLUTION N�. 85-1991 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE FRIDLEY V.F.W.
POST 363•
MOTION by Councilman Fitzpatrick to adopt Resolution No. 85-1991.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
� aye, Mayor Pro Tem Schneider declared the motian carried
unanimously.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER d, 1991 PAGE 7
� 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
OCTOBER 16, 1991:
A. RESOLUTION NO. 86-1991 REGARDING REVIEW OF THE NORTHEAST
CORRIDOR LIGHT RAIL TRANSIT SYSTEM PRELIMINARY DESIGN PLANS:
Mr. Burns, City Manager, stated that this resolution addresses
Council's response and conoerns relating to the preliminary design
plans of the Light Rail Transit System. He stated that the
resolution approves the preliminary design plans, subject to the
provision of access to the Fridley Fire and Police stations that
is equal or greater than the existing access. He stated that this
resolution also contains seven additional stipulations of concern
to the City and problems and conflicts identified in Exhibit A of
the resolution.
MOTION by Councilman Billings to adopt Resolution No. 86-1991.
Seconded by Counoilwoman Sorgenson.
Counoilman Billings stated that public hearings were held on the
preliminary design plans for the Light Rail Transit System as
requested by the State statute. He stated that the City must
either approve or disapprove the preliminary design plans, as
speci£ied by the State statute.
� Councilman Billings stated that throughout the planning process,
the City has had staff inembers attending meetings, has had staff
on a Technical Advisory Committee to the Anoka and Hennepin County
Railroad Authority, and he was a member of an Intergovernmental
Advisory Committee for the Light Rail Transit System. He stated
that the City has never taken a position as to whether or not Light
Rail Transit is an appropriate means of mass transit.
Councilman Billings stated that the City has addressed the
preliminary design plans that have been prepared by the Railroad
Authority's staff and consultants. He stated that it was not until
these plans were received and actual dimensions noted that the City
realized their worst fears. He stated that if the Light Rail
Transit System is built according to the preliminary design plans,
it would have a significant negative impact on the City's Fire
Department to ingress and egress the existing facilities.
Councilman Billings stated that it is being recommended to the
Railroad Autho�ity that the only real option to minimize the
inconvenience to the Fire Department is to create a tunnel
underneath Mississippi Street adjacent to City Hall, if the Light
Rail Transit System does proceed.
Councilman Billings stated that the City is required to approve or
� disapprove the preliminary design plans and this resolution
approves the plan provided adequate access is provided to the
City's Fire Department. He stated over fifty percent of the City's
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1991 PAGE 8
budget is spent on Police, Fire, and Civil Defense and to install
a Light Rail Transit System that, in any way, has a negative impact
on these services would have a tremendous impact on the City as a
whole.
Councilwoman Jorgenson stated that the resolution does address
these issues which Councilman Billings has raised. She stated that
she has concern about the impact on the Fire and Police vehicles
and feels this has been adequately addressed in the resolution to
the Anoka County Railroad Authority.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Pro Tem Schneider declared the motion carried unanimously.
Councilman Billings requested a cover letter indicating Council's
concerns be sent with this resolution. He stated it should be
noted that the Railroad Authority is more than welcome to review
the films or videos on how this would impact the City. He stated
that he wanted to make sure the County understands these concerns
are not something the City came up with at the last minute. He
stated that Council had been told their fears were exaggerated, but
after reviewing the plans, it was found they were valid.
MOTION by Councilman Billings to receive the minutes of the
1 Planning Commission Meeting of October 16, 1991. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Pro Tem Schneider declared the motion carried unanimously.
9. APPROVAL OF CHANGE ORDER NO. 5. STREET IMPROVEMENT PROJECT NO.
ST. 1991 - 1 & 2:
Mr. Flora, Public Works Director, stated that this change order
covers the paving o£ the drive and parking area at the Recycling
Center, be added to Street Improvement Project No. ST. 1991 - 1&
2 for $5,237.50. He stated that this is within the contract
modification amounts allowed, and there would be a formal
adjustment of funds at a later date.
MOTION by Councilman Fitzpatrick
Street Improvement Project No. ST
Inc. in the amount of $5,237.
Jorgenson.
to approve Change Order No. 5 to
. 1991 - 1& 2 with W. B. Miller,
50. Seconded by Councilwoman
Councilman Billings stated that he felt this was a dangerous
precedent to add projects without going through the process for
capital improvements. He stated that the likelihood of the paving
being accomplished this fall is slight, and he would move to table
to consider this item in the capital improvements process.
� MOTION by Councilman Billings to table this item
FOR LACK OF A SECOND.
MOTION FAIT�ED
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1991 PAGE 9
� UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, Councilman Fitzpatrick,
Councilwoman Sorgenson, and Mayor Pro Tem Schneider voted in favor
of the motion. Councilman Billings voted against the motion.
Mr. Herrick, City Attorney, stated that since this was a motion to
expend funds he believed it required four affirmative votes.
MAYOR PRO TEM SCHNEIDER DECLARED THE ABOVE MOTION FAILED BY A 3 TO
1 VOTE.
10. RESOLUTION AUTHORTZING AN EXPENDITURE FROM THE EMERGENCY
RESERVE TO DEVELOP LEGISLATION RELATING TO LOCAL POLICE AND
FIRE PENSION FUNDS:
Mr. Burns, City Manager, stated cities that have local police and
fire pension funds and have been opposed to the thirteenth paycheck
issue are suggesting legislation be introduced to change the
actuarial assumptions on which the police and fire pension funds
are released. He stated it is felt that with a change in asset
assumptions, the value of the assets on paper would rise bringing
them closer to the funding requirements and decreasing the amount
of unfunded liability. He stated that as a result, the amount the
City would be required to pay each year would be considerably
lower.
� Mr. Burns stated that in order for the group to present a credible
case to the Legislature, it would be necessary to do some actuarial
studies, and this would be the main cost to the group for promoting
the legislation. He stated that the cost to the participating
cities would be divided, and Fridley's share would be $1,500.00,
if they wished to participate. He stated that at the present time,
the City is required to pay about $40,000 per year into the police
pension fund, and this would undoubtedly go down if the new
assumptions were in place.
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MOTION by Councilman Billings to adopt this resolution authorizing
an expenditure from the Emergency Reserve to develop leqislation
relating to local police and fire pension funds. MOTION FAILED FOR
LACK OF A SECOND.
11. RESOLUTION NO. 87-1991 CERTIFYING CERTAIN DELINQUENT UTILITY
SERVICES TO THE COUNTY AUDITOR FOR COLLECTIONS WITH THE 1992
TAXES:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 87-1991.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Pro Ten 5chneider declared the motion carried
unanimously.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1991 PAGE 10
12. RESOLUTION NO. 88-1991 CERTIFYING CHARGES TO THE COUNTY
AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION
WITA THE TAXES PAYABLE IN 1942 (WEEDS):
MOTION by Councilman Fitzpatrick to adopt Resolution No, 88-1991.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Pro Tem Schneider declared the motion carried
unanimously.
13. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports.
14. CLAIMS:
MOTION by Councilman Fitzpatrick to authorize payment of Claim Nos.
40065 through 40266. Seconded by Councilwoman Jorgenson. Upon a
voice vote, all voting aye, Mayor Pro Tem Schneider declared the
motion carried unanimously.
15. LICENSES:
MOTION by Councilwoman Jorgenson to approve the licenses as
submitted and as on file in the License Clerk's Office. Seconded
by Councilman Fitzpatrick.
MOTION by Councilman Billings to amend the motion by deleting the
license for Aaco, Inc. Seconded by Councilman Fitzpatrick. Upon
a voice vote, Councilman Billings and Councilman Fitzpatrick voted
in favor of the motion. Mayor Pro Tem Schneider and Councilwomatt
Jorgenson voted against the motion. Mayor Pro Tem Schneider
declared the MOTION FAILED.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, Councilwoman Jorgenson,
Councilman Fitzpatrick, and Mayor Pro Tem Schneider voted in favor
of the motion. Councilman Billings voted against the motion.
Mayor Pro Tem Schneider declared the MOTION CARRIED by a 3 to 1
vote.
16. ESTIMATES•
MOTION by Councilwoman Jorgenson to
submitted:
Dundee Nursery & Landscaping Co.
16800 Highway 55
Plymouth, MN 55446
5pringbrook Nature Center
Landscaping Project, 1991
FINAL ESTIMATE . . . . .
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approve the estimates as
. $21,549.32
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1991 PAGE 11
Barna, Guzy & Steffen, Ltd.
200 Coon Rapids Boulevard
Suite 400
Coon Rapids, MN 55433
Services Rendered as City Attorney
for the Month of September, 1991 ..
Rainbow, Inc.
7324 - 36th Avenue North
Minneapolis, MN 55427
.5 MG Water Tank Painting/Altitude Valve
& Vault Installation Project No. 212
Partial Estimate No. 3 . . . . . . . . .
HNTB
6700 France Avenue South
Suite 260
Minneapolis, MN 55435
Inspection of the 1.5 MG Elevated
Water Reservoix Project No. 202
Partial Estimate . . . . . . . .
Halvorson Construction
4227 - 165th Avenue N.E.
Anoka, MN 55304
1991 Miscellaneous Concrete Curb,
Gutter and Sidewalk Pro7ect
Estimate No. 5 . . . . . . . . .
W.B. Miller, Inc.
16765 Nutria Street
Ramsey, MN 55303
Street Improvement Project
No. ST. 1991 - 1& 2
Estimate No. l0. . . . . . . . .
Northdale Construction Co., Inc.
14450 Northdale Boulevard
Rogers, MN 55374
Skywood Lane Water Extension
Project No. 220
Estimate No. 2 . . . . . . .
Seconded by Councilman Fitzpatrick.
. $ 6,470.59
$62,566.62
$
831.65
. . . $ 2,969.70
. . . . . $ 7,725.59
$32,166.53
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1991 PAGE 12
� MOTION by Councilman Billings to amend the estimates by deleting
the estimate for Barna, Guzy & Steffen, Ltd. MOTION FAILED FOR
LACK OF A SECOND.
Councilman Billings stated that he had contacted the City Manager,
Mr. Burns, regarding the statement received from Barna, Guzy, &
Steffen for $13,000. He stated that the City was billed for the
hours spent discussing what he felt was an overcharge on the
$13,000 bill. He stated that his concern is if the City should be
reimbursing Barna, Guzy, & Steffen for administrative duties
relative to conducting their business, and he felt that this was
an inappropriate expenditure. He stated that he is not prepared
to deny the claim, but wants them to know their statements are
being reviewed, and the City Manager is not alone in oontesting the
expenditures that appear to be higher than what they have been in
the past.
Mr. Herrick, City Attorney, stated that he felt Councilman
Billing's point is well-taken. He stated that Council can either
move to deduct that item or it will be ad7usted on the following
month's bill. He stated that in terms of the overall bill being
higher, he had fairly extensive discussions with the City Manager.
He stated that if you analyze the bills, he does not feel the
charges for routine services have increased, as the billing rate
� is still the same. He stated that what has happened is the City
has been involved in considerable litigation that is not routine
and additional time is reflected in the billing. He stated that
was true of the previous month's bill and, to a lesser extent, of
this billing. He felt that Council should be aware when they get
involved in litigation that it obviously will cost more money.
Councilman Billings stated that his complaint is not necessarily
with Mr. Herrick. He stated that he has found in the years in
which the City has done business with Herrick & Newman, the home
town family type law firm existed, and now they have merged with
Barna, Guzy, & Steffen that has an accounting department and their
relationship may be changed slightly.
Mr. Herrick stated that he has talked to the City Manager about the
possibility of changes in the billinq format and basic contractual
arrangements. He stated that he will be exploring them further.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Pro Tem 5chneider declared the motion carried unanimously.
17. SET A PUBLIC HEARING PUR5UANT TO ECONOMIC RECOVERY FUND
APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC
DEVELOPMENT FOR PURPOSES OF ASSISTING MCGLYNN BAKERIES WITH
THE REDEVELOPMENT OF THE FORMER TOTINO PIZZA MANUFACTURING
� FACILITY:
MOTION by Councilwoman Jorgenson to set the public hearing on this
item for November 18, 1991. Seconded by Councilman Fitzpatrick.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1991 PAGE 13
Upon a voice vote, all voting aye, Mayor Pro Tem 5chneider declared
the motion carried unanimously.
Mayor Pro Tem Schneider stated that he wished to state that Council
will hold a 5pecial Meeting on Tuesday, November 12 tio canvass the
November 5, 1991 eleotion returns.
Councilman Billings encouraged anyone that lives in Ward II to go
to the polls and vote for the candidate of their choice.
ADJOURNMENT:
MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded
by Councilman Fitzpatrick. Upon a voice vote, all voting aye,
Mayor Pro Tem Schneider declared the motion carried unanimously and
the Regular Meeting of the Fridley City Council of November 4, 1991
adjourned at 8:53 p.m.
Respectfully submitted,
Carole Haddad
5ecretary to the City Council
Approved:
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Dennis L. Schneider
Mayor Pro Tem