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11/04/1991 - 00006290� � � 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 � ' � 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 _ e 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 - �ri 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 ,_ �; � 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. L_ J 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. � � � � � 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 . . . . . ; i_ approve the estimates as . $21,549.32 � � � 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. ,I i d � �._I � 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: � Dennis L. Schneider Mayor Pro Tem