01/04/1993 - 00004882�
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COIINCIL OF
JANUARY 4, 1993
The Regular Meeting of the Fridley City Council was called to order
at 7;38 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
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider and Councilman
Fitzpatrick
MEMBERS ABSENT: None
APPROVAL OF MINUTES:
COUNCIL MEETING, DECEMBER 14, 1992:
MOTION by Councilwoman Jorgenson to approve the minutes as
presented. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
ADMINISTRATION OF QATH OF OFFICE TO ELECTED OFFICIALS:
William J. Nee, Mavor and Nancv J. Joraenson, Councilmember-
at-Larae:
Mr. Champa, City Clerk, administered the oath of Office to Mayor
William J. Nee and Nancy J, Jorgenson, Councilmember-at-Large. He
extended his congratulations on their re-election and wished them
continued success.
Mayor Nee expressed his appreciation ito the citizens of Fridley for
their confidence in him. Iie thanked the City staff and members of
the Council for their advice and support.
Councilwoman Jorgenson stated that it is easier to do her job when
the City has such a good staf£ and a Council which is pretty
amenable in most situations. She stated that she wished to thank
the citizens and also her family for being very supportive and
allowing her the extra time it takes to do her job as
Councilmember-at-Large. She stated that she looked forward to the
next four years.
ADMINISTRATION OF OATH TO NEW FIREFIGHTERS;
Mr. MCKusick, Fire Chief, introduced two new paid on-call
firefiqhters for the City of Fridley, Mr. Matthew Field and
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FRIDLEY CITY COUNCIL MEETING OF JANUAR% 4, 1993 PAGE 2
Mr. Ronald Larson. He stated that Mr. Field is currently a
full-time firefighter with the City of Columbia Heights. He stated
that Mre Larson is a four-year member of the Columbia Heights Fire
Department. He recently moved to Fridley and lives next door to
Fire S�ation No. 3. He stated that both of these gentlemen come
from the Columbia Heights Fire Department with which the City of
Fridley works very closely.
Mr. McKusick administered the oath to the new firefighters,
Mr. Field and Mr. Larson. Deputy Chief Larson presented them with
their badges.
Mayor Nee and the Council members welcomed these firefighters to
the City of Fridley.
ADOPTION OF AGENDA:
MOTION by Councilman Fitzpatrick to adopt the agenda as submittede
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
PETITION TO REMOVE "NO PARKING" SIGNS ON RICE CREEK TERRACE:
Ms. Edith Chesley, 564 Rice Creek Terrace, presented a petition to
remove the "no parking" signs on the south side of Rice Creek
Terrace from 68th Avenue to Central Avenue. She stated that the
residents believe the parking restrictions are unnecessary because
access to Rice Creek Terrace is restricted at University Auenue.
She stated that the traffic volume is low and limiting parking puts
an unnecessary burden on residents, families, and guests.
MOTION by Councilman Billings to receive Petition No. 1-1993.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Councilman Billings asked the reason for the "no parking" signs.
Mr. Flora, Public Works Director, stated that Rice Creek Terrace
is a collector street, it is designated as a Municipal State Aide
(MSA) street and has to be constructed to the proper width and
signed to meet MSA standards. He stated that a 38 foot wide street
is required in order to allow parking on both sides.
Councilman Billings asked what action would need to be taken to
allow parking on both sides of the street.
Mr. Flora stated that the City could petition the State Highway
Department for a variance to their rules.
Councilwoman Jorgenson asked if the MSA designation could be
removed.
FRIDLEY CITY COIINCIL MEETING OF JANUARY 4, 1993 PAGE 3
� Mr. Flora stated that this designation could be removed, but the
City would have to return any funds for the street reconstruction
back to the State.
Councilman Schneider stated that the street has been a collector
street and not posted for "no parking." Now since it has been
resurfaced, it has to be posted for "no parking" on one side. He
questioned why this was necessary.
Mr. Flora stated that no MSA funds were previously expended for
this street, and this is the first time it has been built to MSA
standards. He stated that if MSA funds are used to defray the cost
of the improvement, it is necessary to install the signs to limit
parking to one side of the street.
Councilwoman Jorgenson stated that there was a considerable amount
of discussion regarding parking on one side of the street at the
public in£ormation meetings and suggested checking if the persons
who signed the petition had attended these meetinqs.
Councilman Billings asked if there is a period of time the City
must keep the MSA designation in order to retain the funds for the
improvement.
� Mr. Flora stated that a£ter twenty-five years the MSA designation
could be removed, and the City would not have to pay any penalty
for using the MSA funds.
Councilman Billings stated that he would like the Engineering
Department to submit a list of alternatives on how the City could
implement the wishes of the petitioners.
Councilwoman Jorgenson stated that she would also like to know the
costs and penalties if the City considered removing the MSA
designation for this street.
Councilman Schneider stated that the MSA requirements are really
not clear to the residents and once the "no parkingo' signs are
installed, there is no place to park. He felt that the streets
should be constructed for purposes of helping the residents and the
process of using MSA funds hurts them. He stated that the City�s
�ob is no� to spend all the funds that are available but to make
sure the residents like living in Fridley. He stated that the
streets have worked fine for twenty to thirty years. He questioned
the justification to imposition the residents.
Councilwoman Jorgenson stated that the issue of "no parking" on one
side of the street needs to be made perfectly clear at the time of
the street improvement.
� Mr. Flora stated that this issue was clear in the notices and
letters sent out.
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FRIDLEY CITY COITNCIL MEETING OF JANUARY 4. 1993 PAGE 4
Mayor Nee stated that the Council would wait for a reply from staff
on this issue.
Councilman Billings thanked Ms
to the Council's attention.
OLD BUSINESS•
Chesley for bringing this problem
ESTABLISH A PUBLIC HEARING FOR JANUARY 19 1993 FOR 1993
COMMi7NITY DEVELOPMENT BLOCK GRANT FUNDS AND REALLOCATION OF
1991 AND 1992 BLOCK GRANT FUNDS FOR A HOUSING AND
REHABILITATION PROGRAM:
MoTION by Councilman Schneider to reschedule the public hearinq for
the 1993 Community Development Block Grant Funds and Reallocation
of 1991 and 1942 Block Grants Funds to the January 19, 1993 Council
meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimouslye
NEW BUSINESS:
2. FIRST READING dF AN ORDINANCE AMENDING CHAPTER 2 AND
SECTION 4.04 OF THE FRIDLEY CITY CHARTER:
Mr. Hunt, Assistant to the City Manager, stated that the Council,
at their December 14, 1992 meeting, conducted a public hearing on
these proposed amendments to Chapter 2 of the City Charter which
deals with City Council organization. He stated that the main item
was the different way of filling vacancies on the Council which
occur mid-term. He stated that i� would be in order for the
Council to conduct �he first reading of the ordinance.
Councilman Billings stated that at the public hearing there was
discussion on several items. He stated that due to the holidays
and other obligations, he was not able to give this issue a
thorough investigation. He stated that this ordinance would need
an unanimous vote, and he felt, at this point, �his may not occur
and would like additional time to review the proposed amendments.
MOTION by Councilman Billings to table this item to January 19,
1993. Seconded by Councilman Fitzpatrick.
Councilman Sillings stated that he did not want to send a message
to the Charter Commission that the Council does not appreciate the
work they have done. He stated that the Charter Commission is
doing a tremendous job, but more than anything else he wants to
meet with Council members and draft a letter fully explaining to
the Commission the feelings of the Council regarding this issue.
Councilman Sohneider stated that he was prepared to vote against
the proposed amendments. He stated that there is a major
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FRIDLEY CITY COIINCIL MSETING OF JANUARY 4. 1993 PAGE 5
philosophical disagreement, and it is not that he does not
appreciate the work of the Charter Commission.
IIPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
3. RESOLUTION NO. 1-1993 APPROVING AND AUTHORIZING SIGNING AN
AGREEMENT ESTABLI5AING WORKING CONDITIONS WAGES AND HOURS OF
EMPLOYEES OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE
YEAR 1993:
Mr. Hunt, Assistant to the City Manager, stated that the City staff
has negotiated an agreement with Law Enforcement Labor Services
which is the Union representing the Police Officers. He stated
that the agreement involves a three percent increase in wages, a
maximum insurance contribution of $295.00 per month for family
coverage and $205.00 per month for single coverage. He stated that
there is also a differential pay change £rom $150.00 to $180.00 per
month for Corporal. He stated that all of these changes are within
the guidelines approved by the Council, and he recommended this
resolution be adopted.
MOTION by Councilman Fitzpatrick to adopt Itesolution No. 1-1993.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
DECEMBER 16, 1942:
A. SPECIAL USE PERMIT REOUEST, SP #92-12, BY WILI,AMETTE
INDUSTRIES, INC.. TO ALLOW EXTERIOR STORAGE OF MATERIALS.
EOUIPMENT OR MOTOR VEHICLES INCIDENTAL TO THE PRINCIPAL
QPERATION OF THE USE ON LOT 2. BLOCK 1. NORTHCO BUSINESS PARK
3RD ADDITION. GENERALLY LOCATED AT 350 NORTHCO DRIVE N.E.:
Ms. Dacy, Community Development Director, stated that this property
is zoned M-2 and is part of the Northco Industrial Park. She
stated that Willamette Industries is requesting a special use
permit for outdoor storage. She stated that what is proposed is
creation of a parking lot south of the building and installation
of landscaping north of 71st Avenue.
Ms. Dacy stated that Willamette Industries would like additional
parking for trailers, would construct an eight foot fence along
the south side of the building, and install additional landscaping.
She stated that the Planning Commission unanimously recommended
approval of this special use permit with eight stipulations. She
noted that one of the sfipulations allows the outdoor storage of
dropped loaded trailers waiting for customer pick-up, or empty
trailers waiting to be filled with finished products.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1993 PAGE 6
� Mr. Suda, Plant Manager for Willamette Industries, stated that
rather than a B618 curb they would like to install a curb with an
angle to reduce chipping during snow plowing.
Mr. Flora, Public Works Director, stated that it has been the
City's standard to install a B618 curb for consistency. He stated
that since this would be a private parking lot, he did not have a
problem with the other curb design although it may create some
plowing problems for the property owner. He stated that when the
Northco plat was developed, the City was told by the developer that
71st Avenue would not be used. He stated that if an improvement
is necessary on 71st Avenue, the property owners would be subject
to any costs associated with the improvement.
Mayor Nee asked Mr. Flora if he felt it would be setting a
precedent if another type curb was allowed.
Mr. Flora stated that he believed others may make a similar request
since it is less costly, but because the curb is on private
property and they maintain a barrier with the landscaping, he did
not see any problem.
MOTION by Councilman Fitzpatrick to grant Special IIse Permit
Request, SP #92-12, with the following stipulations: (1) the
� special use permit is to allow the outdoor storage of dropped
loaded trailers waiting for customer pick-up, or empty trailers
waiting to be filled with finished products; (2) the petitioner
shall submit a revised plan extending the eight foot wood fence
north and west along the parking area; (3) �he petitioner shall
submit a$5,000 performance bond to cover the outdoor improvements
prior to construction; (4) the petitioner shall submit a revised
landscape plan prior to construction indicating three Amur Maple
and six Red Twig dogwood shrubs along the west side of the driveway
from 71st Avenue; (5) the parking area shall be paved and lined
with B618 curb and gutter or a staff-approved alternate; (6) the
petitioner shall submit calculations for the detached pond to be
reviewed and approved by the Engineering Department prior to
commencement of construction; (7) the petitioner shall sign a storm
water pond maintenance agreement prior to construction; and (8) the
petitioner shall provide a detail of the proposed pond's spillway.
Seconded by Councilwoman Jorgenson.
Councilman Billings stated that the building looks stark and
desolate from University Avenue. He asked about the proposed
landscaping.
Ms. Dacy stated that one of the stipulations is to orient the fence
along the northwest alignment to reduce the view of the railroad
tracks and storage activity. She stated that there also will be
� additional landscaping on the west side of the driveway. She
stated that they are hampered on the height of the vegetation due
to the overhead power lines on 71st Avenue.
FRIDLEY CITY COIINCIL MEETING OF JANUARY 4, 1993 PAGE 7
� UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
5. APPROVAL OF EASEMENT ENCROACHMENT AGREEMENT BETWEEN THE CITY
OF FRIDLEY AND EAST RANCH ESTATES:
Ms. Dacy, Community Development Director, stated that during the
title searoh for Bob's Produceos plat two additional easements were
discovered. She stated it was determined that a portion of the
proposed addition encroaches into these two easements. She stated
that with the discovery of these two easements a building permit
could not be issued.
Ms. Dacy stated that an encroachment easement agreement is
submitted for the Council's consideration to aTlow the petitioner
to encroach into the easement subject to the petitioner completing
the easement vacation process. She stated that the proposed
addition to the building encroaches on the north side by 8 feet
into to a 10 foot easement and 12 feet on the east portion into a
50 foot street and utility easement.
Ms. Dacy stated that it is recommended that Council approve this
agreement for the easement encroachment. She stated that there is
one correction in this agreement on Page One, the fifth "Whereas,"
� third line, the 8 feet should be changed to 12 feet.
MOTION by Councilman Fitzpatrick to approve this agreement for the
easemen� encroachment, with the above change recommended by staff.
Seconded by Councilwoman Jorgenson.
Councilman Billings stated that with this type of an agreement, the
City usually requests a hold harmless agreement and in this
particular agreement, it is exactly opposite. He stated that this
agreement has not been processed through the Planning Commission
for vacation of the easements and the utility companies have not
been notified. Ae questioned the City's position if the agreement
is approved, the building is constructed, and it is found there are
utilities underground.
Ms. Dacy stated that the easement in question would be the 50 foot
street and utility easement requested by the City. She stated that
the street portion of the 50 foot easement is not necessary. She
stated that in terms of the utilities, she is not sure why the
entire easement would be needed because the sewer line does not
come close to the proposed addition. She stated that the other
easement which is ten feet along the original lot line is a typical
ten foot easement, the only utility is the overhead electrical, and
this would have to be addressed by Lyndale Garden Center when they
construct their new building, She stated that staff felt
� comfortable with the amount of easement for the existing utilities
and the petitioner will proceed to vacate that portion of the
_ utility easement affected by the encroachment.
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FRIDLEY CITY COIINCIL MEETING OF JANQARY 4. 1443 PAGE 8
Councilman Billings stated that this is the same development that
was submitted to the Council on several occasions due to changes
made to the plat.
Ms. Dacy stated that there was a revised plan as Lyndale Garden
Center deaided to purchase their part of the development which
necessitated a change in regard to the lot line between the �wo
buildings.
Councilman Billings stated he has concerns that other issues may
come to light as the project progresses.
Councilman Schneider stated that there are so many things being
found with this parcel. He asked if this agreement for the
easament encroachment was drafted by the City Attorney's officee
Ms. Dacy stated that staff requested the law firm of Barna, Guzy
and Steffen, Ltd. to prepare the agreement.
Councilman Schneider stated the agreement provides that the City
will not disturb the imgrovements and, normally, it is the other
way around. He stated that if there is some reason the City needs
access, he felt �he City is liable.
Ms. Dacy stated that it was not staff's intent to take on that
responsibility.
Mr. Herrick, City Attorney, stated that he did not personally draft
this document. He felt that perhaps the petitioner could address
this issue.
Mr. Milce Schroer, the petitioner, stated that the agreement is
necessary for the bank and Small Susiness Administration. He
stated that if they do not have this agreement the SBA will not
approve the loan.
Ms. Dacy stated that the Council is under no obligation to approve
the agreement. She stated that it is not the intent to circumvent
the Planning Commission. She stated that staff felt the agreement
was appropriate based on the available information.
Mr. Schroer stated that a hold harmless clause would create a
problem with their financing.
Councilman Billings questioned where the easements proceed once
they leave this parcel or if they were confined to the site. He
asked how it may affect any other property owners if the easements
were vacated.
Ms. Dacy stated that the easements were totally confined to this
site, and no other property owners would be affected by the
vacation of the easements.
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FRIDLEY CITY COUNCIL MEETINa OF JANUARY !. 1993 PAGE 9
Councilman Schneider questioned why any action had to be taken this
evening if the encroachment is on a"paper easement."
Councilman Billings stated that from his knowledge o£ xeal estate
transactions, the Small Business Administration is saying until the
easement is vacated it does not belong to the petitioner, and the
pe�itioner wants the City to state they can have the easement.
Councilman Schneider asked if this agreement would become null and
void once the easements were vacated.
Ms. Dacy stated that was correct, and the agreement would be in
force only until the easements were officially vacated.
Councilman Billings stated that because there are power lines in
the ten foot easement running north/south, it is possible this
vacation may not be approved. He stated that if this happens and
the ten foot easement is not vacated, but the 50 foot street
easement is vacated, this would not have an impact on this
particular agreement.
Mr. Flora stated that if Northern States Power has to relocate the
power lines they would obtain another easement.
Mr. Schroer stated that there is an easement on the far west side
of Lyndale Garden Center if the power lines would have to be
relocated.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION FOR APPROVAL OF THE
AGREEMENT FOR THE EASEMENT ENCROACHMENT, all voted aye, and Mayor
Nee declared the motion carried unanimously.
6. RESOLUTION NO. 2-1993 IMPOSING LOAD LIMITS ON PUBLIC STREETS
AND HIGHWAYS IN THE CITY OF FRIDLEY. MINNESOTA:
MOTION by Councilman Schneider to adopt Resolution No. 2-1993.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
7. 1993 CITY COUNCIL APPOINTMENTS TO VARIOUS AGENCIES:
AND
LIST OF COMMISSION MEMBERS WHOSE TERMS EXPIRE APRIL T, 1993
AND JUNE 9, 1993:
MOTION by Councilman Billings to table the Commission appointments
and request staff to determine if those members whose terms expire
this year are interested in reappointment. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
The following City Council appointments were made to various
agencies:
FRZDL$Y CITY COIINCIL MEETING OF JANUARY 4. 1943 PAGE 10
� Mavor Pro Tem•
MOTION by Councilman Fitzpatrick to nominate Councilman Schneider
for reappointment as Mayor Pro Tem for 1993. Seconded by
Councilman Billings.
There being no further nominations, the nominations were closed by
Mayor Nee and an unanimous ballot was cast for the reappointment
of Councilman Schneider as Mayor Pro Tem for 1993.
Anoka Countv Law Enforcement Council
(1 Representative and 1 Alternate):
MOTION by Councilman Billings to nominate Councilwoman Jorgenson
as Representative and Councilman Schneider as Alternate.
There beinq no further nominations, �he nominations were closed by
Mayor Nee and an unanimous ballot was cast for the reappointment
of Councilwoman Jorgenson and Councilman Schneider to the Anoka
County Law Enforcement Council.
Suburban Rate Authoritv
I1 Member and 1 Alternate L
� MOTION by Councilman Fitzpatrick to nominate John Flora, Public
Works Director, as Representative and Scott Erickson, Assistant
Public Works Director, as Alternate.
There being no further nominations, the nominations were closed by
Mayor Nee and an unanimous ballot was cast for the reappointment
of John Flora and Scott Erickson to the Suburban Rate Authority.
Association of Metropolitan Municipalities:
MOTION by Councilman Schneider to nominate Councilwoman Jorgenson
as Delegate and Councilman Fitzpatrick as Alternate.
There being no further nominations, the nominations were closed by
Mayor Nee and an unanimous ballot was cast for the appointment of
Councilwoman Jorgenson as Delegate and Councilman Fitzpatrick as
Alternate to the Association of Metropolitan Municipalities,
School District #14 and School District #13 Representative:
Councilwoman Jorgenson stated that School Districts 13 and 14
Community Education Programs are now combined so only one
representative would be needed to this committee.
MOTION by Councilman Schneider to nominate Councilwoman Jorgenson
� as Representative and Councilman Schneider as Alternate.
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FRYDLEY CITY COUNCIL MEETING OF JANUARY 4, 1993 PAGE il
There being no further nominations, the nominations were closed by
Mayor Nee and an unanimous ballot was cast for the appointment of
Councilwoman Jorgenson as Representative and Councilman Schneider
as Alternate to School Districts #13 and #14.
School District #16 Representative:
MoTION by Councilwoman Jorgenson to nominate Councilman Billings
as Represen�ative and Councilman Schneider as Alternate.
There being no further nominations, the nominations were closed by
Mayor Nee and an unanimous ballot was cast for the appointment of
Councilman Billings as Representative and Councilman Schneider as
Alternate to School District #16.
Leaque of Minnesota Cities:
MOTION by Councilman Billings to nominate Councilman Fitzpatrick
as Representative and Councilman Schneider as Alternate.
There being no further nominations, the nominations were closed by
Mayor Nee and an unanimous ballot was cast for the reappointment
of Councilman Fitzpatrick as Representative and Councilman
Schneider as Alternate to the League of Minnesota Cities.
North Metro Convention & Tourism Bureau:
MOTION by Councilman Schneider to nominate William Hunt, Assistant
to the City Manager.
There being no further nominations, the nominations were closed by
Mayor Nee and an unanimous ballot was cast for the reappointment
of William Hunt to the North Metro Convention & Tourism Bureau.
8. APPROVAL OF DISPOSITION OF TAX FORFEIT PROPERTIES IN THE CITY
OF FRIDLEY:
Mr. Burns, City Manager, stated that the Council has received a
recommendation to sell tax forfeit properties within the City. He
stated it is requested that the original recommendation be changed
and that properties 33, 34, 35, 36, and 37 be sold, but to
eliminate properties 38, 39, 40 and 41 from this sale, as the City
wishes to evaluate their use of the properties for public purposes.
MOTION by Councilman Schneider to approve the disposition of tax
forfeit properties identified as Nos. 33, 34, 35, 36 and 37.
Seconded by Councilwoman Jorgenson. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
MOTION by Councilman Billings to advise Anoka County that tax
forfeit properties identified as Nos. 38, 39, 40 and 41 be held to
FRIDLEY CITY COIINCIL MEETING OF JANIIARY 4. 1993 PAGE 12
' be evaluated regarding their use for public purposes. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
9. RESOLUTION NO. 3-1993 DESIGNATING DIRECTOR AND ALTERNATE
DIRECTOR TO THE SUBIIRBAN RATE AUTHORITY:
MOTION by Councilman Schneider to adopt Resolution No. 3-1993.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
10. RESOLUTION NO. 4-1993 DESIGNATING AN OFFICIAL NEWSPAPER FOR
THE YEAR 1993•
Mr. Pribyl, Finance Director, requested that the Focus News be
designated as the City's official newspaper, and that the Star
Tribune be designated as an alternate.
MOTION by Councilwoman Jorgenson to adopt Resolution No. 4-1993.
Seconded by Councilman Schneider. Upon a voiae vote, Councilwoman
Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Mayor
Nee voted in favor of the motion. Councilman Billings voted
against the motion. Mayor Nee declared the motion carried by a 4
to 1 vote.
� 11. RESOLUTION NO. 5-1993 DESIGNATING OFFICIAL DEPOSITORIES AND
SAFE DEPOSIT ACCESS FOR THE CITY OF FRIDLEY:
Mr. Pribyl, Finance Director, stated that this resolution
designates Fridley State Bank as the City's official depository and
lists those authorized to sign checks on behalf of the City. He
stated that the three officials authorized to sign checks are
Richard Pribyl, William Burns, and Howard Koolick.
Mr. Pribyl stated that he has reviewed the services provided by
Fridley State Bank and, at this time, it does not seem to be
beneficial for the City to solicit for banking services. He stated
that over the last five or six years the City�s activity has
actually been a loss for the bank.
Mayor Nee asked about the facsimile signatures and liability.
Mr. Pribyl stated that this resolution has been approved in this
format for about twelve years and was probably provided by the
banking institutions. He stated that the facsimile deals with the
City's signature name plate. He stated that it is the bank's
responsibility to verify signatures, and if someone forges a
signature it is the bank's problem.
� Mr. Herrick, City Attorney, stated that by using the facsimile
signature the City incurs some risk, but it is convenient to have
the facsimile. He stated that there is a case pending where a
FRIDLEY CITY COUNCIL MEETING OF JANUARY 4 1993 PAGE 13
� facsimile signature was either misused or misappropriated by an
employee of a City, and the bank took the position they had no
liability. He felt that if this went to court the bank would win
the case.
MOTION by Councilman Schneider to adopt Resolution No. 5-1993.
Seconded by Councilwoman Jorqenson.
Councilwoman Jorgenson asked when the automatic deposit system is
placed into operation if employees have to use Fridley State Bank
or if they could deposit at other banks.
Mr. Pribyl stated they can use any bank that is part o£ the Federal
wiring system.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
12. APPOINTMENT OF CHAIRPERSON TO THE PLANNING COMMISSION:
Mayor Nee stated that the Council has received Don Betzold's
resignation as Chairperson of the Planning Commission, and he
requested nominations to fill this unexpired term.
� MOTION by Councilman Billings to appoint David Newman to fill the
unexpired term of Don Betzold as Chairperson of the Planning
Commission to April 1, 1994. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
13e YNFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports.
14. CLAIMS•
MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos.
46969 through 47220. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
15. ESTIMATESa
MOTION by Councilman Schneider to approve the estimates as
submitted:
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FRIDLEY CITY COUNCIL MEETING OF JANUAR% d, 1993 PAGE 14
Northwest Asphalt
1451 County Road 18
Shakopee, MN 55379
1992 Street Improvement Project
No. ST. 1992 - 1& 2
Estimate No. 6 . . . . . . . . . . . . . . . $44,497.80
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADJOURNMENT•
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilwoman Jorgenson. Upon a voice vote, a13 voting aye,
Mayor Nee declared the motion carried unanimously and the Reqular
Meeting of the Fridley City Council of Sanuary 4, 1993 adjourned
at 9:05 p.m.
Respectfully submitted,
Carole M. Haddad
Secretary to the City Council
Approved:
William J. Nee
Mayor