HomeMy WebLinkAbout05-25-1988 AdditionsADDITIONS TO THE AGENDA
CITY OF LITTLE CANADA
REGULAR COUNCIL MEETING
MAY 25, 1988
1. Auto Repair License Approval
Applicant: Fatemeh Rabbi
Building Inspector recommends approval of license
after they have complied with his letter on Page 1
See Correspondence: Pages 1 -3
2. Sofie - Petersen Addition
Letter to Marcel Eibensteiner regarding unfinished
work in that area. Engineer asks that no more
building permits be issued until this work is
completed. Completion date set at July 15, 1988,
See Correspondence: Page 4
3. Additional insurance to Errors and Omissions.
Insurance covers areas not covered in Errors and
Omissions.
See Correspondence: Pages 5 -8
Office of:
JOSEPH G. CHLEBECK, Clerk
515 Little Canada Road
Little Canada, Minn. 55117
484-2177
CITY OF LITTLE CANADA
RAMSEY COUNTY, MINNESOTA
MEMORANDUM
TO: Joseph G. Chlebeck
FROM: John Palacio
DATE: May 24, 1988
RE: License Application at 3173 Spruce Street
Inspection was conducted May 20, 1988 at 3173 Spruce.
Fatemeh Rabbi is seeking a license to operate a business,
auto repair /body shop, which would be located in the second
half of the building. It is my understanding that no
painting will be done at this location; however, if and
when painting is done, the spray booth would have to meet
the Uniform Fire Code fully sprinkled. Other areas of
concern are:
*Storage of flammable materials (There are three to
seven containers on -site that contain flammable
materials. Remove or provide proper listed containers
for flammable materials,);
*Flammable waste trap must be provided within the area;
*Information provided to Pollution Control Agency,
Roseville, Minnesota. There are tanks that are
buried. Need a report for compliance to the Pollution
Control Agency;
*Extinguishers shall be size for the use within the
locations;
*Provide site plan on parking requirements;
*Provide landscaping plan to be reviewed by the City
Planner and City Council (Zoning- Parking- Storage);
*Remove all debris within the property lines;
*Remove dilapidated structure (garage, tires, and
unoperable equipment);
*Items listed are not limited. Response will be
required within five days.
My recommendations at this time are that the items listed
are the owner's responsibility, and he should adhere to the
requirements as stated in this correspondence.
JP:kv
cc: Mayor and City Council PAGE -1-
Jacobsen, Fatemeh Rabbi
c IU
MAYOR
Michael Fahey
COUNCIL
Beverly Scalze
Bill Biesener
Rick Conova
Jim LaVane
Street
CITY OF LITTLE CANADA
BUSINESS LICENSE APPLICATION
PLEASE TYPE OR PR /NT
License #
Fee
Receipt #
1. Name of Business iv) pa Q S L^ N ER 12 p P ( S r s
2. Address 3i (5 SpEuCP I,TTIc CANADAINj\J JJ U(J
3. Owner of Business F2 1 1 P, £ H 12 A- 13 (�
4. Owner of Building J e FFi c-y J ! d l' (0 U s -P 6
5. Type of Business A, IJ rufan,C), 7- t od./
6. Phone #: a) Daytime /, `a(, 3 `'I LI /
b) Nighttime 4 L./ W 3 2- L
c) Emergency
7. Is Building Sprinkled? Yes No
8. Any Special Hazards?
9. Site Plan: Show location of gas meter, electrical service, water hydrants and hazards.
Street
Use reverse side if necessary
Street
PAGE -2-
WHITE —FIRE DEPT. PINK — OFFICE CANARY— APPLICANT
T
N
Street
1
3 31 }I
2 (c)
3167_
•� '1 4 3165`
1132.
2 0
(23)
-1 1— `.. "1.1101"
a151(9)
PAGE -3-
Marcel Eibensteiner
3490 Lexinton Avenue North
Suite 100
Shoreview, MN 55126
Dear Marcel:
500 West Highway 96
St. Paul, Minnesota 55112
4843301
April 26, 1988
RE: Sofie Peterson Addition
We have received complaints from the City and some home-
owners in the area.
1. The seeding or sodding of the boulevards has not
been completed.
2. The cap on one of thehydrants has not been replaced.
I have contacted M. & M. a number of times about
this item.
3. The walkways to the park area not completed.
4. The fence on each side of the walkway has not been
installed.
We would appreciate your cooperation in getting these
items completed on or before July 15,1988.
If you have any questions please feel free to call.
Sincerely,
MI ER W. CARLEY& ASSOCIATES, INC.
Donald 0. Carley,
•City Engineer
cc: Little Canada
DOC /mw
PAGE -4-
League of Minnesota Cities
183 University Ave. East
St. Paul, MN 55101-2526
(612) 227-5600 (FAX: 221.0986)
May 6, 1988
To: City officials and insurance agents
From: League of Minnesota Cities Insurance Trust
Re: Inverse condemnation and pollution liability coverages
Member cities of the League of Minnesota Cities Insurance Trust
can now add liability coverage for certain pollution exposures
and for inverse condemnation liability arising out of zoning and
other land use regulations. The city can add either or both
coverages, either at renewal or as a mid -term endorsement.
Copies of the endorsements are attached.
/POLLUTION POLLUTION COVERAGE 0.1-°7P
LMCIT is now offering to member cities an endorsement which adds
back coverage for certain pollution exposures, replacing the
strict pollution exclusion currently used.
The optional limited pollution liability endorsement gives the
city coverage for property damage or bodily injury caused by a
release or discharge of pollutants, where three conditions are
met: 1) the release is accidental; 2) the release occurs
entirely above ground; and 3) the release begins and ends within
72 hours of the accident. The endorsement also adds back
coverage for liability stemming from the use of mace, tear gas,
or similar substances.
Obviously, this does not provide a solution to all of a city's
exposures to pollution liability. Landfills and underground
storage tanks are two examples of exposures that would not be
covered. However, it will provide protection for things like a
malfunctioning ventilation system in a city building, or an
accidental spill of herbicides by park maintenance workers.
The pollution coverage is subject to a $600,000 annual aggregate
limit, including defense costs. The cost of adding the
pollution coverage is 3.5% of the city's liability premium.
.V INVERSE CONDEMNATION LIABILITY FOR LAND USE REGULATION . J'5
In a 1987 decision, the U.S. Supreme Court ruled that a city
could be held liable for a temporary taking of private property
resulting from enforcement of a zoning ordinance or other land
use regulation. This is a new liability exposure for cities; in
the past, courts would bar future enforcement of an ordinance
which went too far, but generally would not award damages. The
PAGE -5-
1987 decision means that a city could be held liable for "rent"
for the time during which an ordinance was enforced, if it were
later determined that enforcing that ordinance resulted in a
"taking" of the property. You may want to discuss this issue
with your city attorney.
If a zoning ordinance has resulted in a taking of property, the
property owner's remedy is to bring an inverse condemnation
suit. However, LMCIT's current liability coverage document
excludes inverse condemnation. (Liability insurance policies
offered to cities by commercial insurance companies almost
universally contain a similar exclusion.) Because of this
exclusion, some zoning claims have not been covered by LMCIT in
the past - specifically those zoning - related claims based solely
on a "taking" theory of law.
LMCIT member cities can now add coverage for inverse
condemnation suits arising out of enforcement of zoning or other
land use regulations. This optional endorsement provides
coverage for liability for inverse condemnation damages for the
period of time during which the regulation is being enforced, up
until the time that the courts determine that the regulation
constitutes a "taking." The coverage is subject to a $600,000
annual limit, and a 15% "coinsurance" provision; that is, LMCIT
would cover 85% of damages and defense costs, while the city
would bear the remaining 15 %. The cost of adding the inverse
condemnation coverage is 2.5% of the city's liability premium.
It must be emphasized that this coverage applies only to
regulatory takings. It does not apply to an inverse
condemnation action which alleges that the city has physically
occupied or used private property without paying for it.
WHY ARE THERE ANNUAL LIMITS ON THESE COVERAGES?
In offering the pollution and inverse condemnation coverages,
LMCIT is venturing into areas in which there is little or no
past experience on which to draw. Despite the risks involved,
the LMCIT Board sees LMCIT's job as finding a way if at all
possible to provide cities with coverage for their exposures.
The lack of past loss data makes it very difficult to accurately
project what the ultimate losses are likely to be or what the
proper premium rate should be. Obviously LMCIT must strike a
balance between meeting the individual city's need for
protection on the one hand and making sure that LMCIT will
remain financially strong and stable so as to be able to
continue to serve cities on the other. The annual coverage
limits on both coverages and the coinsurance provisions on the
inverse condemnation coverage are designed to help keep that
risk manageable. Also, the extended reporting period option
will not apply to these coverages. Finally, because the
liability coverage is claims -made, rates can be adjusted in the
future to reflect the actual losses as they develop.
PAGE -6-
f
LIMITED POLLUTION LIABILITY ENDORSEMENT
In consideration of the additional premium listed below, it is agreed that Exclusion e. under Coverage A
and Exclusion e. under Coverage E are amended by inclusion of subsection e. (5) as follows:
(5) This exclusion does not apply with respect to 'bodily injury' or 'property damage':
(a)
(b)
which occurred entirely above ground caused by the actual, alleged or threatened discharge,
dispersal, release or escape of pollutants the result of a 'sudden occurrence' which occurred
on or after the retroactive date shown below and prior to the expiration date of this covenant;
or
which was caused by the discharge or dispersal of mace, tear gas or similar agent which occurred
on or after the retroactive date shown below and prior to the expiration of this covenant if
such discharge or dispersal was for the purpose of protecting persons or property or incident
to an arrest.
"Sudden occurrence" means an accident which happens entirely above ground and the pollution resulting
therefrom which begins and ends within seventy -two (72) hours following the accident and in the case of
a related series of accidents, the 'sudden occurrence' will be deemed to have taken place when the first
accident in the related series of such accidents took place.
With respect to damages recoverable under this endorsement, the liability of LMCIT under this covenant
for loss and Toss adjustment expenses to include legal defense costs, shall not exceed 5600,000 per occurrence
and 5600,000 in the aggregate annually.
With respect to coverage provided by this endorsement, the basic extended reporting period and the sup-
plemental extended reporting periods under Section VI - Condition, are waived and no extended reporting
period is provided.
Addition Premium
Endorsement Effective Date
Retroactive Date
5
All other terms and conditions remain unchanged.
ME043 (5/88)
Authorized Signature
3.5 % of $ 15,335.00 = $ 536.73
PAGE -7-
!.
INVERSE CONDEMNATION EXTENSION ENDORSEMENT
In consideration of the additional premium listed below, it is agreed that Exclusion d. under Coverage D,
Errors or Omissions Liability, is amended to read as follows:
d. To any claim for damages arising out of condemnation, inverse condemnation, adverse possession, or
dedication by adverse use, but this exclusion does not apply to claims for inverse condemnation damages
wherein:
(1)
(2)
The alleged taking of private property resulted from the application of a land use, zoning,
building, subdivision or similar ordinance or regulation and not from a physical occupation,
invasion, or use of the property; and
The alleged damage occurred on or after the retroactive date shown below but prior to a final
determination by the courts that enforcement of the ordinance or regulation constitutes a taking
of private property.
A claim covered by this endorsement will be deemed to have been made when suit seeking damages for
the wrongful taking of private property is filled against the 'city'.
With respect to damages recoverable under this endorsement, the liability of LMCIT shall be limited to
eighty -five (85) percent of the loss and loss adjustment expense to include legal defense costs and the total
liability of LMCIT shall not exceed 3600,000 per occurrence and 5600,000 in the aggregate annually.
With respect to coverage provided by this endorsement, the basic extended reporting period and the sup-
plemental extended reporting periods under Section VI - Conditions, are waived and no extended reporting
period is provided.
Addition Premium
Endorsement Effective Date
Retroactive Date
S
All other terms and conditions remain unchanged.
ME042 (5/88)
Authorized Signature
2.5 % of $ 15,335.00 = $ 383.38
PAGE8