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HomeMy WebLinkAboutFebruary 9, 1987OFFICIAL PROCEEDINGS COLU~IBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 9, 1987 The meeting was called to order at 7:30 p.m. by Mayor Nawrocki. 1. Roll Call Paulson, Petkoff, Carlson, Peterson, Nawrocki - present 2. Invocation The Invocation was offered by Pastor Carol Mork of First Lutheran Church. 3. Consent Agenda All items on the consent agenda are considered to be routine and are acted upon by one motion. The following items are included on the consent agenda: Planning and Zonin9 Commission Lotsplit at 1004 45th Avenue N.E., Douglas Lindquist This lotsplit would create two lots and requires a resolution. Motion by Petkoff, second by Paterson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 87-13 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E. Fee: $10.00 Date paid: 1-14-87 Receipt No.: 15511 I, Douglas C. Lindquist hereby request a split of PIN 36 30 24 22 0025 legally described as: Lot 14, except the south 165', Block 1, Reservoir Hills, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: The west 56 feet, as measured along the north and south lines of that part of Lot 14, Block 1, Reservoir Hills according to the plat thereof on file and of record in the office of the County Recorder, Anoka County, Minnesota, lying north of the south 165 feet thereof. That part of Lot 14, Block 1, Reservoir Hills according to the plat thereof on file and of record in the office of the County Recorder, Anoka County, Minnesota, lying north of the south 165 feet except the west 56 feet, as measured along the north and south lines thereof. Be if further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, in the amount of $ -0- be divided. Paid Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (1) year of the date of the Council action. Regular Council Meeting February 9, 1987 page 2 PLANNING & ZONING DEPARTMENT ACTION: Approved This 3rd day of February, 1987 Offered by: Peterson Second by: Szurek Roll call: All ayes LeRoy Goranson Zoning Officer CITY COUNCIL ACTION: Approved This 9th day of February, 1987 Offered by: Petkoff Seconded by: Paterson Roll call: All ayes ~ouglas C. Lindquist Signature of Owner 194 Pearson Way Fridley, Mn. 55432 Owner's Address Telephone No. 571-8163 Subscribed and sworn to before me this 14th day of January, 1987 Bonnie A. Jewett Notary Public Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor Traffic Commission Removal of "No Stopping" restriction on sign The Council received minutes of the Traffic Commission meeting on February 4th at which a public hearing was held regarding the signage adjacent to First Lutheran Church on 41st Avenue. Staff was authorized to remove "No Stopping" restrictions on the south side of 41st Avenue between Tyler and Polk Streets as recommended by the Traffic Com- mission and that new parking restriction signs be installed. Labor Relations Subscriber Service - League of Minnesota Cities Participation in the Labor Relations Subscriber Service was authorized for the period of March 15, 1987 through March 14, 1988 with payment of $2,341. Community Development Block Grant Program - 1987 Activities Approval was given to the allocation of the City's 19BT C.D.B.G. Program Funding to the following activities: Industrial Revitalization Plan Economic Development Promotion Acquisition of Deteriorated Structures Anoka County Business Assistance Network (ACBAN) Public Service Projects Bridge for Runaway Youth, Inc. (Youth Outreach) Anoka County Community Action {Senior Outreach) Alexandra House, Inc. Friends of the Library Association for Retarded Citizens Crestview Lutheran Home (Fitness Trail) Recreation & Community Services (Senior Center) Total $20,000 $1o,ooo $80,165 Si0,000 $20,000 $ 2,500 $ 5,850 $ 4,000 $ 3oo $ 2,500 $ 4,000 $ B50 $140j165 Regular Council Meeting February 9, 1987 page 3 Award of City Newsletter Bid - Production, Printing and Distribution The award for the production, printing and distribution of the City newsletter was made to Minnesota Suburban Newspapers of Edina, Minnesota at a cost of $1,587 per issue-based upon low, formal bid. Request to Seek Bids - 1987 Road Materials The City Manager was authorized to seek bids for 1987 road materials. Request to Purchase Traffic Paint Authorization was given to purchase the following traffic paint: 275 gallons of three-minute dry alkyd white paint, 150 gallons of three-minute dry alkyd yellow paint, and 110 gallons of paint thinner from Vogel Paint and Wax Com- pany of Orange City, Iowa in the amount of $2,199.65 based upon the Hennepin County Contract. Full and Final Payments a. Gunderson Brothers - Miscellaneous Concrete Project Authorization was given to make the full and final payment of $9,392.11 to Gunderson Brothers Concrete for miscellaneous concrete work performed and furthermore that the City accept the work as being final and complete. b. Installation of Garage Doors at Municipal Service Center Authorization was given to make full and final payment of $8,933.00 to Crawford Door Sales of the Twin Cities for installation of garage doors at the Municipal Service Center, and furthermore, that the City accept the work as being complete and in accordance with specifications. Advertise - Presidents' Day Liquor Specials Authorization was given for advertisement of liquor store ads in the Minneapolis Star & Tribune for Presidents' Day, such advertising not to exceed $2,109.60. Additional Compensation for Acting Fire Chief Charles Kewatt was appointed Acting Fire Chief until such time a new Fire Chief is appointed. The Council authorized payment to Charles Kewatt of $3,043 per month as Acting Fire Chief effective February !, 1987. Adoption of Consent Agenda Motion by Petkoff, second by Peterson to adopt the consent agenda. Roll call: All ayes 4. Oral Petitions/Proclamations Mayor Nawrocki read the proclamation which proclaimed the week of February 8th to the 14th as WOMEN OF TODAY WEEK in Columbia Heights. He presented a copy of the proclamation to two representatives of the organization. There were no oral petitions. 5. Ordinances and Resolutions a. First Reading of Ordinance No. 1138; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to the Licensing of Massage Therapists This ordinance would establish licensing procedures for massage therapists and massage therapy businesses in the City. ~egular Council Meeting February 9, 1987 page 4 This ordinance had been requested by the Planning and Zoning Commission in response to a request to place a message therapy business in the City. The City Manager reviewed the history of the request. Originally the request had been denied by the Zoning Adiminstrator and this denial was appealed. Council- member Peterson'felt the license fees were quite high. The City Attorney stated they were set at this figure because of the anticipated costs of testing, creden- tial checks and education. Mayor Nawrocki noted that the City of Edina has re- quired that this type of business be located in a medical'facility. He felt that this requirement should be considered by the City of Columbia Heights. Motion by Paterson, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: Ali ayes ORDINANCE NO. 1138 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE LICENSING OF MASSAGE THERAPISTS The City of Columbia Heights does ordain: Section 1: Section 5.612 of Ordinance No. 853, City Code of 1977, passed June 21, 1977, as amended, which if currently reserved, is here- with amended to provide as follows, to-wit: SECTION 12 MASSAGE THERAPIST AND MASSAGE THERAPIST BUSINESS 5.612(1) 5.612(2) (a) No person shall perform massage therapy without a license issued pursuant to the provisions of this section. (b) No person shall operate a business as a massage therapist without having first obtained a massage therapist business license issued pursuant to the provisions of this section. (c) This section shall nOt apply to any hospital, sanitorium, rest home, nursing home, boarding home, or other institution for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota Statutes ~144.50 - ~144.703, or to persons duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, with or without the use of'mechanical, therapeutic, or bathing devices. Definitions. For purposes of this section, the following words shall have the following means ascribed to them: (a) (b) "Massage therapist" shall mean any person who for a fee rubs, presses, stokes, kneads, taps, rolls, pounds, vibrates or stimulates these superficial parts of the human body with the hands or any instrument. "Massage therapy business" shall mean any person, partnership or corporation, either as principal or aQent, who enqaQes in the business of massage therapy or the employment of others performing massage therapy for a fee. Regular Council Meeting February 9, 1987 page 5 5.612(3) Appl icat ion. (al Every person desiring a license to perform massage therapy .. shall apply to the City Council for a license,on an application form provided by the City Clerk. The application shall include: (ii name, place and date of birth and street residence of the applicant; (ii) the lenth of experience in this occupation and the past places of employment and positions held for the last ten years; and (iii) a description of any crime or other offense, including the time, place, date and disposition for which the applicant has been arrested and convicted. (bi No person shall make any material false statement in any ap- plication. (c) Each application for a massage therapist license shall furnish with the application a diploma or certificate of graduation from an American Massage Therapist Association approved school or a diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting agency or association or is licensed by the state or local government agency having jurisdiction over the school. (d) Each applicant shall also furnish proof at the .time of the application of course work in the theory and practice of massage (including but not limited to Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques) hygiene, and anatomy, including but not limited to skeletal end muscular structure and organ placement. (el Each applicant at the time of application shall demonstrate that the applicant has had no less than six months' experience in the practice of therapeutic massage with a minimum of 25 verified full practice massage therapy treatment which applicant has performed in a 'noncommercial setting and in the status of a trainee. For purposes of this subdivision, a trainee shall mean those persons with less than one year's experience in the practice of therapeutic massage and engaged in the active pursuit of knowledge of massage and related areas. Applicants who have been actlvely engaged in the practice of therapeutic massage for at least six months outside of the City may, in the alter- native, furnish proof of such practice. No person shall make application for a massage therapy .business license unless such person has been licensed as a massage therapist within the City of Columbia Heights. In addition.to complying with the application requirements for a massage therapist required by this subdivision, an applicant for a massage therapist business llcense must show proof that the proposed location of the mas- sage therapy business is properly zoned for such use and must demonstrate that the applicant has a right to a superior pos- sessory interest in the premises at the location approved to be licenses. (fi Each applicant for a massage therapist license or a massage therapist business license shall be required to submit to and Regular Council Meeting February 9, 1987 page 6 an examination as to the qualifications and competence of said applicant for the practice of massage. The examination shall be given by the City Clerk or such persons as he may designate, in the form he may prescribe, whether written or oral, or practical so as to determine whether the applicant has suf- ficient knowledge, skill, training, and experience to safely and competently administer massages to the general public. Such examination shall test the applicant's (i) knowledge of massage and public health statutes, ordinances, rules and regulations; (ii) knowledge of anatomy; (iii) knowledge of the theory of massage; and (iv) knowledge and ability in practical massage. The City Clerk shall determine whether the applicant has demon- strated sufficient knowledge, skill, training, and experience to safely and competently administer massages to the general public. The City Clerk shall have the power to delegate the administration and grading of the examination to the Division of Public Health of the City of St. Paul, and the City Clerk shall have the authority to accept test results from previoUs examinations within the City of St. Paul. (g) (h) Execution of the Application. It the applicant is a natural person, the application shall be signed and sworn to by the person, if a corporation, by an agent authorized to sign, if a partnership, a partner. The Chief of Police or his designee shall investigate into the truthfulness of the statements set forth in the application and shall endorse his findings thereon. The applicant shall furnish the Chief of Police such evidence as he may reasonably require in support of the statements set forth in the application. 5.612(4) License fee. The annual license fee for a massage therapist and a massage therapist business licensee shall be determined by resolu- tion of the Council. In the absence of a resolution, the fee shall be One Hundred Dollars ($100.00). In addition to the fee specified above, an additional One Hundred Dollars ($100.00) fee shall be paid by an applicant: (a) upon initial application for one of the licenses specified in this section, and (b) upon application fo~ one of the licenses specified in in this section after failing to renew the license within one year of the expiration date of the previously held license. The license application fees provided by this Sub- division shall not be refunded whether or not the license sought is granted. 5.612(5) Expiration. All licenses issued under this section shall expire on December 31 of each year. 5.612(6) Location. A massage therapist business license under this section shall authorize the licensee to carry on its business only at the permanent place of business desiQnated on the license. The massage therapist business licensee shall either own the building in which the business is conducted or have a lease on the business premises which extends for more than six months. No massage therapist business license may be transferred to a different location or a different person. Regular Council Meeting February 9, 1987 page ~ 5.612(7) Prohibitive Acts. No licensed massage therapist or massage therapist business licensee shall permit or engage in the practice of business of massage therapy in a location or in a manner that violates any of the provisions of this section or any of the following statements, to wi~:' A. Operation Standards. l) All customers are to be provided with single service disposable foot coverings which are not to be reused. 2) A11 emp)oyees shall wash their hands thoroughly in an approved handwashing facility before starting any body massaging, handling, clean linen or clean supplies. 3) Al1 massage tables are to be provided with single use linen or a single use disposable paper sheet covering that is both wide and long enough to cover the complete table top. All towels are to be laundered in an approved manner after each use. All soiled linen and towels are to be sorted in an approved recep- tacle. 4) Only single service disposable drinking cups for customers shall be allowed within the establishment 5) All customers shall inform the operator of any medical disa- bilities prior to use of facilities. 6) The personnel shall observe all occupants in the sauna room at five (5) minute intervals. 7) All cosmetic products shall remain in their original containers or in properly labeled self-identifying containers. 8) A copy of these Rules and Regulations shall be posted in a conspicuous place for customer observance. B. Equipment Standards. 1) The covering on the massage table shall be waterproof. 2) The massage tables shall be constructed of material that is smooth and easily cleanable. 3) A functioning combination relative humidity and temperature indicator shall be installed on the inside wall and another on the outside wall of each sauna room. The indicator shall be so located as to be easily observed. 4) During housekeeping procedures there shall be a mimimum of 15 foot candles of illumination available., This illumination shall be provided by permanent electrical fixtures in all sauna and massage room. C. Health and Disease Control. No person, while affected with any disease in a communicable form, or while a carrier of such disease, or while affected with bolls, infected wounds, sores, or an acute · respiratory infection, shall work in or use the service of any sauna or massage parlor in any capacity in which there is a likelihood of such person contaminating surfaces with pathogenic microorganisms or transmitting disease to other lndivlduals, and no person known or suspected of being affected with such any disease or condition shall be employed or permitted in such an area or capacity. If the licensee or his manager has reason to suspect that an employee has contracted any disease, in a com- Regular Council Meeting February 9, 1987 page 8 cumicable form or had become a carrier of such disease, he shall notify the Health Officer immediately. 5.6 2(81 Denial, Suspension o~ Revocation. Any license under this section · ma~ be denied, suspended or revoked for any of the following reasons: (a) The use or proposed use is in conflict with the Columbia Heights Zoning Code; (b) The use or proposed use is in conflict with any health, building, building maintenance or other provision of this Code or state law; (c) Violation of any provisions of this section; Fraud, misrepresentation or bribery in the securing of a license or any false misrepresentation on any license application; (e) Fraud, misrepresentation or false statements made in the course of the applicant's business; (f) Conviction of the applicant or licensee, any partner or shareholder of the applicant or licensee, any employee of the applicant or licensee within the preceding five (5) years, of any crime, petty misdemeanor or'municipal ordi- nance relating to the general health, welfare, morals, and safety of the community; or Habitual drunkenness or intemperance in the use of drugs including, but not limited to, the use of drugs defined in Minnesota Statutes 2618.01, barbituates, hallucinogenic drugs, amphetamines, Benzedrine, Dexadrine or other sedatives, depressants, stimulants or tranquilizers; engaging in conduct involving moral turpitude or permitting or allowing others within their employ or agency to engage in conduct involving moral turpitude or failing to prevent agents, officers or employees in engaging in conduct involving moral turpitude. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: February 9, 1987 b. First Reading of Ordinance No. !139; Being an Ordinance Amending Ordinance No. 853, City Code of 1D77, Pertaining to Zoning Amendments Ordinance No. 1139 would establish a massage therapist business as a permitted use in the Central Business District. Ordinance No. 1139 was briefly discussed but was not read. c. First Reading of Ordinance No. 1140; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Zoning Amendments This ordinance would establish a massage therapist business tn the Central Busi- ness District on a conditional use basis. It was noted that Ordi'nance No. 1140 is more restrictive than Ordlnance No. !139. Motion by Peterson, second by Paulson to waive the reading of the ordinance t~ere Regular Council Meeting February 9, 1987 page 9 being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1140 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section i: Section 9.112(2) of Ordinance No. 853, City Code of 1977, passed June 2l, 1977, which currently reads as follows, to-wit: 9.112(2) Conditional Uses Within any "CBD" Business District, no structure or land shall be used for the following uses except by conditional use permit. (al Accessory structures (bi (c) Dwelling units provided: (i) The units do not occupy the first floor. (ii) That a roof intended for usable space shall be enclosed by a wall or fence not less than five {5} feet in height. Open sales lots provided that: (ii The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. (ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. (iii) If the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be sub- mitted indicating the location of such devise. (iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. (d) Off-street parking lots subject to Section 9.116(2). (el Parking ramps. (fi Public utility structures. (gl (hi Vending machines (coin operated) whether they be for service or product shall be permitted inside of a building; when located out- side of building they shall be considered as a building and con- form to all applicable regulations. Should the vending machine be the principal use on the slte, off-street parking shall be provided at a ratio of one (1) space for each two vending devices. Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. (i) Arcades. (j) Tennis, racquetball, handball, table tennis and boxing clubs Regular Councli Meeting February 9, 1987 page 10 that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions are possible. Shall hereafter be amended to read as follows, to-wit: Conditional Uses Within the "CBD" Business District, no structure or land shall be used for the following uses except by conditional use permit. (al Accessory structures. (bi Dwelling units provided: (ii The units do not occupy the first floor. (ii) That a roof intended for usable space shall be enclosed by a wall or fence not less than five (5) feet in height. (c) Open sales lots provided that: (ii The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. (ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. (iii) If the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. (iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. (d) Off-street parking lots subject to Section 9.116(2) (el Parking ramps. (f) Public utility structures. (gl Vending machines (coin operated) whether they be for service or product shall be permitted inside of a building; when located outside of building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the sit, off-street parking shall be provided at a ratio of one (1) space for each two vending machines. (hi Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. (ii Arcades. Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions are possible. (k) Massage therapist businesses licensed pursuant to Section 5.612. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Regular Council Meeting February 9, 1987 page ll First Reading: February 9, 1987 Motion by Peterson, second by Paulson to refer Ordinance No. 1140 to the Planning and Zoning Commission for consideration and review at the next meeting. Roll call: All ayes d. First Reading of Ordinance No. !141; Being an Ordinance Amending Ordlnamce No. 853, City Code of 1977, Pertaining to the Powers of the City Manager Ordinance No. 1141 would amend the City Administrative Code which would require that the City Manager in no way shall require City employees, City contractors, and employees of City contractors to report on inquiries made of them by members of the Council. 'Motion by Carlson, second by Nawrocki to waive the reading of the ordinance. Councilmember Paulson offered a friendly amendment requesting that this ordinance be the subject of a Council work session. This motion was ruled out of order. Roll call: Car]son, Nawrocki - aye Paulson, Petkoff, Paterson - nay Motion fails. Motion by Petkoff, second by Pau]son to table this matter until a Council work session. Roll call: All ayes Communications 1. Group W Cable/North Central Cable Communications Corporation; Violations of Columbia Heights/Hilltop Cable Franchise and Request for information from the Cable Operator The City Manager reviewed the two letters he sent to North Central addressing the items which staff considers in violation and the amount of penallties which will be assessed. Also, in one of the letters the was a request for additional information on certain items. Councilmember Petkoff inquired what the City of Hilltop is doing about this matter. No one has this information at this time. Gary Matz, the City's cable counsel, stated that representatives of North Central will probably be at the next Council meeting to discuss this matter. 2. Twin Cities Regional Cable Channel, Inc. The Council received a letter from the Chairperson of the Twin Cities Regional Cable Channel, Inc. seeking support for the retention of Channel slx (6) as the regional cable channel. Group W has rea]located Channel 6 to ESPN and has moved the regional channel to Channel 36. It was noted that the regional channel was established by statute Motion by Paulson, second by Carlson to express our support for the Twin Cities Regional Cable Channel, Inc. and that the Columbia Heights City Council strongly supports retaining Channel 6 for regional programming on the Columbia Heights/ Hilltop cable system. Roll call: All ayes 3. Letter from Anoka-Hennepin School District No. ll Regarding Fiscal Disparties Act The Council was polled and all members agreed to support the continuation of the present Fiscal Disparities Act. A ]attar had been received from the Superintendent of the Anoka-Hennepin District requesting an indication of the Councllts position on this matter. The letter advised that the District has entered into an agreement with Holmes and Graven to lobby on behalf of preserving as much as possible of the present Fiscal Disparities Act. 4. Purchase of City-Owned Property Located to the North of 4455 Reservoir Boulevard The property owner at 4455 Reservoir Boulevard has offered $3,500 for the 33 foot wide parcel north of his property. This parcel is owned by the City and was ap- praised by Malcolm Watson in March of 1986 at 96,600. Councilmember Carlson ressed surprise at the appraisal noting the easement in the back of the parcel and ~ Regular Council Meeting February 9, 1987 page 12 right-of-way running in front of the property. Mayor Nawrocki inquired of the Council whether it would be wise to sell a piece of property for a price considera- bly less than the appraised value. Councilmember Petkoff felt the appraised price could not be justified and that the parcel had no value to any one else but the owner of the property to the south. It was noted that an ordinance is required to sell City-owned property. Councilmember Carlson felt more information should be gotten from the appraiser and that the matter should be referred to a Council work session. Duane Estrem, owner of the property at 4455 Reservoir Boulevard, noted that there may be a need for some soil preparation before a structure can be built on this parcel as there is water drainage on the parcel. Motion by Petkoff, second by Paulson to authorize the City Manager to negotiate with Duane Estrem and report back to the City Council. Roll call: All ayes 5. Accept Easement for Water Drainage Purposes from Andrew and Shirley Kohlan This easement was granted by Mr. & Mrs. Kohlan on November 1, 1986, for water drainage purposes along the north portion of Lots .1, 2, 3, 4, 5, and $ of Done- roving Addition. This easement relates to property between McLeod Street, 44½ Avenue and Buchanan Street. If the Council accepts this easement then construc- tion would be allowed to commence at 4430 McLeod Street. Prevlously the City Manager had issued a stop order for work on the structure at 4430 McLeod Street. He also noted that other conditions as cited in the Buildlng Inspector's letter of January 27th must be met before commencing work. The chaim of ownership of the indicated parcels was discussed. The City Attorney noted that the Kohlans did not have the authority to give easements. Motion by Peterson, second by Carlson to accept an easement for utility purposes across Lots 1,2,3,4,5 and 6 of Doneroving Addition. Roll call: All ayes Minutes of Previous Meetings Motion by Petkoff, second by Peterson to approve the minutes of the Special Assessment Hearing of February 2nd and the minutes of the City Counicll Meeting of January 26th and that the reading be dispensed with. The Mayor requested the following correction regarding the replacement personnel for Public Works Depart- ment. Added to his comment stating he felt filling these vacancies is not neces- sary was the phrase, "at the present time." He noted that because of no quantity of winter work with little snow there was not justification for filling these two positions at the present time but probably would be during the construction season. There was also a discussion regarding the second reading of Ordinance No. 1137 which amends the City Code and pertains to signs. The Council at one of its work session decided that the second reading of Ordinance No. 1137 would be with- held and enforcement of the Sign Ordinance as it presently exists would continue. Sources of funding for the payment to Mediation Services of Anoka County and'for the attendance of members of the Constitutution Bicentennial Commission at a training session were also discussed. The original motions authorizing this funding stated that the General Fund Unallocated Fund Balance would be the source of funding. Mayor Nawrockl requested this be corrected to the General Fund Contingency which would avoid budget revisions or formal budget transfers. This matter could be handled by a reconsideration of the motions at a future Council meeting. The City Manager noted that there still may be an amendment to the budget necessary. He will prepare a recommended motion for the next Council meeting. Roll ca11: All ayes RECESS: I0:00 p.m. RECONVENE: 10:15 p.m. Regular Council Meeting February 9, 1987 pQge 13 Insurance Commission - Insurance Coverage and Designation of "Agent of Record" The City Manager reviewed the memos from the Insurance Commission, the Finance Director and the City Attorney. He also summarized the discussions from the Council's recent work session. Motion by Petko~f, second by Peterson purchase property insurance from Aetna Insurance Company in the amount of $22,595, and, furthermore, that Greater Metro Agency/Kelth Louiselle be named Agent of Record for such pollcy. Roll call: All ayes Motion by Carlson, second by Paulson to renew the workers' compensation coverage with the League of Minnesota Cities Insurance Trust. Roll call: Ali ayes Motion by Petkoff, second by Nawrocki to authorize appllcation to the State pool for temporary motor vehicle liability coverage. Roll call: Petkoff, Nawrocki - aye Paulson, Carlson, Peterson - abstain Motion is defeated. Motion by Peterson, second by Carlson to file the Motor Vehicle Self-Insurance Application. Roll call: All ayes Discussion followed regarding risk management and self insuring. Reports a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 1. Traffic Signals at 37th Avenue and Stinson Boulevard: The City Engineer noted that the City of St. Anthony has rejected participation in the proposed pro- ject. He observed that since St. Anthony would have absorbed approximately one half of the costs that perhaps Minneapolis would not be interested in pur- suing the project. There was no interest expressed on behalf of the City Coun- cil of Columbia Heights. 2. The City Manager advised the Council that he has filled the two vacancies in the Public Works Department, both positions are those of Maintenance I at an hourly rate of $8.47. The new employees are Tim Clark whose employment is effective February 2, 1987 and Greggory Miranowski whose employment is effective February 9, 1987. 3. Petitions for Participation in Deferred Compensation.Plans: Two-petitions have been received, one from the Public Works Department employees and the other from the employees of the Pollce Department. Whether or not the City must provide a deferred compensation program and if it must be a specific plan are questions which the City Attorney will seek an opinion on from the At- torney General's Office. 4. Budget Report - John P. Murzyn Hall: The City is still in the process of contesting the architectural fees on this project. The City Attorney noted that he had dictated a letter regarding this matter. Councilmembers will be receiving copies of this letter. 5. Minnesota Court of Appeals - Trial Court Decision on DWI Arrest: The Council received copies of the Minnesota Appeal Court recent decision of a DWI charge. The Mayor requested that the City Attorney advise the Council of the costs involved with this type of item. Regular Council Meeting February 9, 1987 page 14 .~'- Noting that only one of the people hired for the Maintenance I position was a resident of Columbia Heights, Mayor Nawrocki felt this was an insult to the tax- payers of the City. Mayor Nawrocki ~nquired if any additional information had been gotten regarding MPIRG. This organization had requested a waiver of the canvassing fee. The City Manager advised the Council he has received no report on this~rganization at this point in time. Councilmember Carlson inquired about a petition for residents on Parkview Lane. The Mayor had received a memo from the City Manager's regarding the availability of health insurance for emp]oyees who leave City emp]oy in good standing. He noted that the 2~ administrative cost is allowed but not mandated. Councilmember Petkoff requested information justifying this charge. b. Report of the City Attorney The C,ity Attorney had nothing to report at this time. Licenses Motion by Paterson, second by Carlson to approve the licenses as listed upon payment of proper fees and that the fees for the V.F.~. Post #2]0 and for the Columbia Heights Lions Club be waived. Roll call: AI1 ayes Payment of Bills Motion by Carlson, second by Peterson to pay the bills as listed out of proper funds. Roll call: All ayes Council work sessions were established for Monday, February 16th at 8:30 p.m. and for Tuesday, February 17th at 8:30 p.m.. Adjournment Motion by Paterson, second by Carlson call: All ayes Ma'yor"-Bruce G. Nawroc'ki Roll ,/b-Anne Student, Coun~l Secretary