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01/04/1993 - 00004882� � � 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 , � !._ �J 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. � � � 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 � � � 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. � ' � 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. � � � � 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. � � � 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: � � 1 � � 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