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HomeMy WebLinkAboutJuly 27, 1987OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 27, 1987 The meeting was called to order by Mayor Nawrocki at 7:30 p.m.. 1. Roll Call Paulson, Petkoff, Carlson, Peterson, Nawrocki - present 2. Invocation There were no clergy availat)le to offer an Invocation. 3. Consent Agenda Minutes for Approval The Council approved the minutes of the Regular City Council Meeting of July 13th and the minutes of the Board of Trustees - Fire Department Relief As- sociation Meeting of July 13th as written. ~equest for Block Party - Block of 3900 Hayes Street The Council authorized a block party in the 3900 block of Hayes Street on Saturday, August 22nd, from 4:00 p.m. to 8:00 p.m. with the understanding that the residents will coordinate their activities with City staff and provide direction regarding placement of barricades, access by emergency vehicles, and other matters deemed necessary. Security Guard Services for John P. Murzyn Hall The Council awarded security services to Hannon Security Services, Inc. of Min- neapolis for their informal quotation of $8.27 per manhour and $11.50 per manhour on six major legal holidays for security services at Murzyn Hall and the Mayor and City Manager were authorized to enter into a contract for same. Award of Bid for ~triping City Streets The Council awarded the Striping Project for striping City streets to AAA Striping Service, Inc. of Hopkins for their low bid of $3,152.12 and the Mayor and City Manager were authorized to enter into a contract for same. 4. AppnQyal .of .Consent ~enda Motion by Peterson, second by Carlson to approve the consent agenda items as indicated on the Council Agenda. Roll call: Ail ayes 5. Oral Petitions There were no oral petitions. 6. Ordinances and Resolutions a. Second Reading of Ordinance No. 1153; Authorizing the Sale of Sullivan Lake Property The City Manager recommended tabling of this ordinance pending further information from the H~A's Development Specialist. Motion by Petkoff, second by Peterson to continue the hearing of Ordinance No. 1153 and table further consideration of the Ordinance. Roll call: All ayes Regular Council Meeting July 27, 1987 page 2 b. First Reading of Ordinance No. 1154; Changing the Insurance Requirements for Beer Licenses The City Manager noted that this ordinance as drafted by the City Attorney changes the required liability limits on all beer, wine and liquor licenses. He felt it may have gone beyond what had been requested. The City Attorney felt that all sections of the liquor ordinance should be looked at. The Licensing Clerk had expressed concern with the affidavit and the requirements of state statute regarding on-sale and off-sale licenses for bonding. Councilmember Paulson requested that the City Attorney obtain information regarding what the insurance premiums are for business persons in the City. Motion by Carlson, second by Peterson to waive the reading of the ordinance and that the second reading be scheduled for August 24, 1987. Roll call: All ayes ORDINANCE NO. 1154 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO LIABILITY INSURANCE AND INTOXICATING LIQUORS The City of Columbia Heights does ordain: Section 1: Section 5.501(11) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, and amended pursuant to Ordinance No. IO56, dated October 12, 1983, which currently reads as follows, to-wit: "Off-sale beer licenses with annual beer sales of less than $9,000 are exempt from the insurance provisions of Section 5.501(10). No such exemption shall be granted unless the licensee: (al Furnishes proof by accountant's affidavit or other documentary evidence satisfactory to the Clerk, and (bi Such proof is found satisfactory to the Liquor Control Commission in demonstrating that the applicant has annual sales of less than $9,OOO.~' is herewith amended to read as follows, to-wit: 5.501(11) Section 5.502(IO) is not applied to licensees who by affidavit establish that: (al They are on-sale non-intoxicating malt liquor licensees with sales of less than $10,OOO of non-intoxicating malt liquor for the preceding year, or (bi They are off-sale non-intoxicating malt liquor licensees with sales of less than $20,000 of non-intoxicating malt liquor for the preceding year. Section 2. Section 5.503(15) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, as amended by Ordinance No. 1055, passed October 10, 1983, which currently reads as follows, to-wit: I'Every applicant and licensee must file proof of financial res- ponsibility with the City Clerk as follows: Regular Council Meeting July 27, 1987 page 3 (al A certificate that there is in effect an insurance policy or pool providing the following minimum coverages: (ii $100,000 because of bodily injury to any one person in any one occurence, and, subject to the limit for one person, in the amount of $300,000 because of bodily injury to two or more persons in any one occurence, and in the amount of $10,O00 because of injury to or destruction of property of others in any one occurence. $100,000 for loss of means of support of any one person in any one occurence, and, subject to the limit for one person, $300,000 for loss of means of support for two or more persons in any one occurence. (bi A bond of surety company with minimum coverages as provided in Section 5.503(15)(a), or, (c)A certificate of the state treasurer that the licensee has de- posited with him $300,000 in cash or securities which may legally be purchased by savings banks or trust funds having a market value of $300,000. (d) Any insurance certificates or policies filed with the City shall provide that the insurer may not cancel coverage without first giving 30 days' written notice to the City. The certificate or policy must show the names of the insurance company and agency, policy number and policy expiration date. Receipt by the City of a notice of expiration of required insurance or entering into the final thirty days of the term of any required policy without a renewal or other complying policy being filed with the Clerk shall result in the immediate revocation or suspension of the license.'l is herewith amended to read as follows, to-wit: Every applicant and licensee shall file and maintain proof of financial responsibility with the City Clerk as follows: (al A certificate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurence, S)OO,O00 because of bodily injury to two or more persons in any one occurence, $10,000 because of bodily injury to or destruction of property of others in any one occurence, $50,000 for loss of means of support of any one person in any one occurence, and $100,000 for loss of means of support of two or more persons in any occurence; (bi A bond of a surety company with minimum coverages as provided in Section 5.503(15)(a), or (c)A certificate of the State Treasurer that the licensee has deposited with the State Treasurer $100,000 in cash or securities that may be legally purchased by savings banks or trust funds Regular Council Meeting July 27, 1987 page 4 having a market value of $100,000. This section does not prohibit an applicant or licensee from posting limits higher than those required under this section or from providing coverage required by this section in combination with other insurance coverage. The applicant and licensee must provide an annual aggregate policy limit dram shop insurance of not less than $300,000 per policy year. (d) Any insurance certificates or policies filed with the City shall provide that the insurer may not cancel coverage without first giving 30 days' written notice to the City. The certi- ficate or policy must show the names of the insurance company and agency, policy number and policy expiration date. Receipt by the City of a notice of expiration of required insurance or entering into the final thirty days of the term of any required policy without a renewal or other complying policy being filed with the Clerk shall result in the immediate revocation or suspension of the license." is herewith amended to read as follows, to-wit: Every applicant and licensee must file and maintain proof of financial responsibility with the City Clerk as follows: (al A certificate that there is in effect for the licensed period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurence, $100,000 because of bodily injury of two or more persons in any one occurence, $10,000 because of bodily injury to or destruction of property of others in any one occurence, $50,000 for loss of means of support of any one person in any one occurence, and $100,000 for loss of means of support of two or more persons in any one occurence. (bi A bond of surety company with minimum coverages as provided in Section 5.503(15)(a), or (c)A certificate of the State Treasurer that the licensee has deposited with the State Treasurer $100,000 in cash or securities that may be legally purchased by savings banks or trust funds having a market value of $100,000. This section does not prohibit an applicant or licensee from posting limits higher than those required under this section or from providing coverage required by this section in combination with other insurance coverage. The applicant and licensee must provide an annual aggregate policy limit dram shop insurance of not less than $300,000 per policy year. (d) Any insurance certificates or policies filed with the City shall provide that the insured or insurer may not cancel the policy, certificate or other coverage unless the canceling party has first given not less than 30 days' written notice to the City of its intent to cancel the policy. Any certificate or policy posted in accordance with this section must show the names of the insurance company and agency, policy number, and Regular Council Meeting July 27, 19~7 page 5 policy expiration date. Receipt by the City of a notice of expiration of required ,insurance or certificates or of entry into the final 30 days of the term of any required policy or certificate without a renewal or other complying policy being filed with the Clerk shall result in the immediate revocation or suspension of the license. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: July 27, 1987 Motion by Petkoff, second by Paulson to schedule a second reading of Ordinance No. 1154; changing the insurance requirements for beer licenses for August 24, 19~7, Roll call: All ayes 7. Communications Crestview Lutheran Home, 4444 Reservoir Boulevard Chapel Addition & Conditional Use Permit/Site Plan When this item was discussed previously the representative of the City Attorney's office had been requested to contact the legal counsel for Crestview regarding the Council's concerns for parking if needed in the future. The City Attorney stated he had not been advised of this request and no such meeting had taken place. The Council's intent was to draft a development agreement which would address parking requirements similar to the development agreement with the Boulevard Apartments. The City Attorney was also requested to investigate any administrative and legal charges which might be made to Crestview for the bond sale. Motion by Peterson, second by Petkoff to table further consideration of the Crest- view Lutheran Home conditional.use permit and site plan for additional information. Roll call: All ayes Other Communications The Mayor received a packet of information from the Pollution Control Agency regarding contamination in the northern suburbs from the Arsenal in Arden Hills. He noted that the Army has officially agreed to work with the PCA on solving the problems of contamination and accepts responsibility for the costs. The Mayor referred to a Citizens' League report recently appearing in the newspapers regarding municipal property taxes. He observed that the City's mill rate had increased considerably due to the School District increase. It was felt by the Council that the City of Columbia Heights maintains a very attractive position in the tax standings. 8. Old Business There was no old business 9. New Business a. Agreement With Anoka County for Assessing Services An addendum to the agreement was distributed to the Council. The method for computing the charges was discussed. The Mayor noted that the charges on the new addendum were consistent with those for the rest of the County who use County assessing services. Since the figures submitted by the County differed from those of the City it was decided that the difference would be split. Regular Council Meeting July 27, 1987 page 6 Motion by Peterson, second by Petkoff to authorize a change in the contract with Anoka County for assessing services to pay the amount of $31,979 for year one of the contract and to amend the contract to provide that years two through five of the contract be paid in accordance with the request of the County Assessor. Roll call: All ayes b. Request by Silver Lake Residents Association for City Participation in Water Quality Study This request was made to the City last year and was approved. The report from the 1986 study has not been received as yet. Motion by Peterson, second by Petkoff to withhold participation in the second year's study of water quality at Silver Lake until such time as a final report for 1986 has been submitted to the City. Roll call: All ayes c. Renewal of Contract With Fitness Associates for Fitness Program The City Manager reviewed the contract and noted those areas which will not be repeated, from last year. Members of the Council observed that the contract will offer services readily available from an employee's personal physician. Also, exercise and nutrition classes which are excluded from this year's contract are available through community classes. It was noted that there appears to be limited interest in this program. Motion by Petkoff, second by Carlson to deny the request for renewal of the contract with Fitness Associates for a fitness program. Roll call: All ayes d. Authorization to Seek Animal Control Bids Motion by Peterson, second by Carlson to authorize the Police Department to seek bids or written quotations from animal control service companies; and, furthermore, that quotations be forwarded to the City Council for consideration by August 10, 1987, if possible or by August 24, 1987. Roll call: All ayes e. Appointment of Acting City Manager It was noted that in the absence of the City Manager Stu Anderson was appointed as Acting City Manager but he wi)l be on vacation during part of the City Manager's absence. Linda Magee is being recommended for appointment in Stu Anderson's absence. Motion by Carlson, second by Paterson tp appoint Linda Magee, Administrative Assistant to the City Manager as Acting City Manager serving during the time between August 6th to August 10th when Stu Anderson is out of town and unable to carry out the responsibilities as Acting City Manager. Roll call: All ayes 10. Reports a. Report of the City Manager The City Manager's report was submitted i~ written form and the following items were discussed: 1. Beer License Revocation: The trial date on this matter is August 21st and the Council will take no action until that trial has been completed. 2. 1988 Suburban Rate Authority Budget and Assessments: Motion by Carlson, second by Petkoff to continue membership in the Suburban' Rate Authority and to authorize the assessment for 1988 in the amount of $1,750 subject to the amount being incorporated in the budget for 1988. Roll call: All ayes 3. Status of Air Conditioning Problem at Murzyn Hall: Representatives of Regular Council Meeting July 27, 1987 page 7 various companies are proposing to install a three-sided louvered wooden enclosure around the air conditioning unit. A plan will be submitted to the architect for approval. 4. Department Reports Regarding July 23 - 24 Thunderstorms: The City Manager briefly reviewed the reports received. Mayor Nawrocki felt the City had sustained limited damage and inconvenience compared to some other cities. partially due to some of the precautions previously taken by the City and to some of the improvements made by the City in the past. The Mayor re- quested staff to check a back up valve in a residence on Van Buren Street. This valve apprently did not operate during last Thursday's storm. 5. Fees for Comparable Worth Study: An invoice has been received for fees through June 30, 1987 from Steffen Munstenteiger for the pay equity analysis. The City Manager noted that this had been included in the 1987 budget as an expenditure but was not appropriated when the work was authorized. Motion by Paulson, second by Peterson that the Council adopt the Hay job evaluation and direct submission of the local government pay equity report prepared by Steffen Munstenteiger to the State Department of Employee Relations and to unions representing City employees. Roll call: All ayes 6. Sealcoating: Councilmember Petkoff noted that there was no sealcoating done in front of her home although the rest of the street was done. Staff will check this out. 7. "Drive Slowly" sign: A resident on Tyler Street had called the Mayor to request a "Drive Slowly" sign on one end of the alley, 37th to 39th Avenues, between Reservoir Boulevard and Tyler Street. The Police Chief will take care of this request. 8. Alley Maintenance: Councilmember Carlson had received a request from a resident on Monroe Street requesting maintenance and grading in the alley, 48th to 49th Avenues, between Madison and Monroe Streets. The City Manager noted that this is an unimproved alley and that City policy had been to not grade or maintain this type of alley because these actions do not last longer than two weeks and then the alley returns to its previous condition. b. Report of the City Attorney The City Attorney had nothing to report at this time. ll. Licenses Motion by Peterson, second by Carlson to approve the licenses as listed upon payment of proper fees. Roll call: All ayes 12. Payment of Bills Motion by Carlson, second by Pau]son to pay the bills as listed out of proper funds. Roll call: All ayes Recess ~he Mayor recessed the Council meeting unti'l Thursday, duly 30, 1987 at 7:00 p.m.