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HomeMy WebLinkAboutCCMin_03Jan22 CITY OF FALCON HEIGHTS COUNCIL MINUTES January 22, 2003 Mayor Susan Gehrz convened the regular City Council meeting at 7:00 PM. PRESENT: Mayor Susan Gehrz, Council members Laura Kuettel, Robert Lamb and Peter Lindstrom. Also present: City Administrator Heather Worthington, City Attorney Roger Knutson and Deputy Clerk Mary Shea Kodluboy. ABSENT: Council member Richard Talbot COMMUNITY FORUM: There was no commentary from the audience. APPROVAL OF MINUTES: The Council minutes dated January 8, 2003 were unanimously approved as submitted. PUBLIC HEARINGS: None scheduled CONSENT AGENDA: Council member Lamb moved that the Consent Agenda, outlined below, be approved as submitted. The motion was unanimously approved. 1. General Disbursements through January 17, 2003: $126,677.93 Payroll: January 1, 2003 – January 15, 2003: $ 12,469.46 License Renewals for 2003 The Council, to encourage residents to patronize local businesses, read aloud the names of the businesses renewing their City licenses for 2003. 3. Designation of Stephen Westerhaus as the City’s Certified Building Official to the Commissioner of Administration 4. Resolution 2003-02 Approving a 2% Standard Compensation Increase for Regular Employees in 2003 Appointment of Terry Maurer, Howard R. Green, as City Engineer for 2003 6. Appointment of KDV, Kern DeWenter Viere, as the City Auditor for 2003 FALCON HEIGHTS CITY COUNCIL MINUTES -2- January 22, 2003 POLICY AGENDA: Reconsideration of Waiver on Tort Liability Limits for the LMCIT Council member Lamb said that he had asked that the waiver on tort liability limits for the LMCIT be reviewed again on tonight’s agenda, and he gave an oral review of a written statement he had provided for the Council packet. At the January 8 meeting, the Council reviewed a proposal to waive the tort liability limit; the review and action were required in order to comply with LMCIT requirements for insurance purposes. Staff proposed that the Council not waive the limit and this proposal was backed by an opinion from the City Attorney recommending the “no waiver” position. Neither the proposal nor the recommendation contained an in-depth pro-con analysis nor did they include costs of either position. The Council acted on the proposal with the proviso that they would further analyze the issue and its attendant costs by the January 22nd meeting to ensure that the decision to not waive the limit was the right thing to do. Subsequent to the January 8 meeting, the Council received cost data and a very well written, thoughtful analysis issued by the LMCIT. Council member Lamb said that he got spread sheet information about health care costs for the region. If $1 million was adequate ten years ago, is it still adequate today? Is it adequate given the activities the City engages in? Do we have sufficient protection for our citizens? Adding an additional $1 million coverage would cost $1,198 or about 22 cents/resident. Mayor Gehrz said that she has been doing a lot of thinking about this and looking at materials. She thinks a bigger, broader issue is being raised that will affect not only Falcon Heights but also other communities. The Legislature takes action to provide some protections to cities and city budgets. This is one instance put in place to protect city budgets. In response to a question, Council member Lindstrom and Attorney Knutson said that in 1997, the Legislature, working in conjunction with the League of Cities, passed legislation regarding this matter and, in 2000, put the $1 million cap into effect. Attorney Knutson said he had a conversation with the LMCIT and they indicated that some communities buy the extra insurance, some don’t. He asked them if they have paid more than $1 million on claims and they have had none. Also, most of the City’s contracts have an indemnity provision. Council member Lindstrom said that he shares the Mayor’s concern that this is a broader issue than just Falcon Heights. The City and the State have looked to protect the taxpayers. He is comfortable with the $1 million. He is not sure this is the time to be incurring additional expense. Council member Kuettel said that she shares the same concerns that Council member Lamb has. If a van with four family members in it is in an accident with a City vehicle, $1 million will not take care of their medical expenses. $1 million doesn’t seem like a lot any more, particularly if a family in the City is injured by something the City is found to be liable for. FALCON HEIGHTS CITY COUNCIL MINUTES -3- January 22, 2003 Reconsideration of Waiver on Tort Liability Limits for the LMCIT (continued) Administrator Worthington said there is an indemnity clause in every City contract. Staff has asked detailed questions of the League and has been told that since Falcon Heights has not had a liability claim in the last ten years, the City’s rates are low. There may also be some savings because the cost is spread over a broader base. Staff does a proactive risk analysis for the City every year and considers what might be coming up in the next year. The City has never had a claim against the excess liability. The City carries a $1 million bond on its City Administrator and Finance Director and various bonds on its equipment. Mayor Gehrz said that if the City were to purchase additional insurance the money would need to come out of the contingency fund. There are good arguments on both sides of this. Having tort liability limits in effect is important to protect the taxpayers. Waiving the tort liability has a downside. She would like to see the State increase the amount of the coverage and the City can weigh in with the League on this matter. At this time she would be inclined to support the previous decision made at the last Council meeting to not waive the tort liability limit and pursue this through the League. Lamb moved that the City Council reconsider its action of January 8, 2003, to not waive the tort liability limits. The vote was 2-2 with Lamb and Kuettel in favor, Gehrz and Lindstrom opposed. The motion failed. Council member Kuettel encouraged Mayor Gehrz to pursue this with the League. There may be an opportunity to raise this issue with the Legislature also. Council member Lamb concurred and said he thinks this is important. Consideration of Application for a Citizen Corps Grant from the State Department of Emergency Management Mayor Gehrz distributed a preliminary budget and gave a brief overview of the application for a Citizens Corps grant from the Minnesota Department of Emergency Management. The grant would cover materials, supplies, and training related to citizen or neighborhood preparedness activities. She said she is more than willing to write the grant application and asked for City Council trust and approval of the concepts. A brief discussion followed. Council member Kuettel moved that Mayor Gehrz be authorized to prepare and submit an application for a Citizen Corps and Community Emergency Response Team (CERT) Grant from the Minnesota Department of Emergency Management to support the activities of the Falcon Heights Neighborhood Commission and the Community Emergency Response Team. The motion was unanimously approved. FALCON HEIGHTS CITY COUNCIL MINUTES -4- January 22, 2003 Approval of Ordinance 03-01 Concerning Limitations on Impervious Surfaces Administrator Worthington said that in early 2002, the residents in the Northome neighborhood alerted the City to an issue that was becoming more and more prevalent—that of lot coverage. Lot coverage in the Falcon Heights City code is defined as any impervious surface (including homes, garages, patios, decks, sidewalks, and driveways). Over a period of eight months in 2002, the Planning Commission worked on the issue of impervious surface coverage in the residential zoning areas of Falcon Heights, with the assistance of Dan Cornejo from Short Elliott Hendrickson, and the excellent work of Deb Jones, the City Planning and Zoning Coordinator. After much research and consideration, taking public input, and re-working the ordinance several times, they formulated an ordinance for the Council’s approval. The Planning Commission held a public hearing in November, 2002, to take testimony from residents. There were no negative comments and the Planning Commission unanimously recommended approval of the proposed ordinance amendment by the City Council. Council member Lindstrom, Council liaison to the Planning Commission, said that years ago, the City had been quite restrictive about lot coverage, and then, at some point the coverage was changed, permitting up to 75% of a lot to have an impervious surface. He gave a brief review of the proposed ordinance amendment and said that if it is approved by the Council, there is only one property in the City that will be legal, non-conforming. He complimented Deb Jones and and Dan Cornejo for the tremendous job they did and said the GIS data was also very helpful. Mayor Gehrz said she is very, very impressed with what the Planning Commission and staff have developed. They have created something that has a good balance and yet respects the investments that people have made in their homes. Kuettel moved that Ordinance No. 03-01 amending Chapter 9-2.05, subd. 2d of the Falcon Heights City Code, concerning limitations on impervious surfaces, be approved as presented and outlined below. The motion was unanimously approved. SECTION 1. Section 9-2.05, subd. 2d of the Falcon Heights City Code is amended to read: In no event shall off street parking, structures of any type, buildings, or any impervious surfaces cover more than seventy-five percent (75%) of the lot areas, except for R-1 zoned land which is regulated by the Schedule below: Lot Area (S.F.) 7370 or less Over 7370 to 15800 Over 15800 to 34000 Over 34000  Maximum Impervious Lot Coverage 45% 3320 S.F. or 30%, whichever is greater 4940 S.F. or 20%, whichever is greater 6800 S.F. or 15%, whichever is greater   SECTION 2. This ordinance shall be effective immediately upon its passage and publication. FALCON HEIGHTS CITY COUNCIL MINUTES -5- January 22, 2003 INFORMATION AND ANNOUNCEMENTS: Administrator Worthington reminded the cable audience about the Dead of Winter event that will be held on Sunday, February 2, 2003, 1-4 PM, at Community Park. Mayor Gehrz gave a brief review of the public meetings’ schedule for the remainder of January. She also mentioned an article that appeared in the Minneapolis Star Tribune highlighting positive commentary from Commissioner of Revenue McElroy about Falcon Heights and its method of autonomous governance. Administrator Worthington said that at 7:00 PM on Tuesday evening, February 4, at City Hall, the Planning Commission will be holding public hearings regarding a proposed Comprehensive Plan amendment and preliminary plat for the SE Corner project, and a proposed ordinance amendment regarding an Interim Use Permit (IUP) for the Farmer’s Market. A larger informational meeting about the SE Corner project will be held at 6:30 PM on Thursday, February 20, at City Hall. She invited the cable audience to either stop in to City Hall or contact her if they had any questions about the SE Corner Project or the Farmer’s Market. The regular City Council meeting was adjourned at 8:50 PM. Respectfully submitted, Mary Shea Kodluboy Deputy Clerk