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HomeMy WebLinkAboutCCMin_05Jan12 CITY OF FALCON HEIGHTS MINUTES January 12, 2005 Mayor Gehrz convened the regular City Council meeting at 7:00 PM. PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel, Robert Lamb, and Richard Talbot Also present: City Administrator Heather Worthington and Deputy Clerk Mary Shea Kodluboy Absent with prior notice: Council member Peter Lindstrom COMMUNITY FORUM: There was no commentary from the audience. PRESENTATION: Gretel Keene Ms. Gretel Keene, a Falcon Heights resident, said that in 2003, Falcon Heights was proactive and planned Community Emergency Response Teams (CERT). Falcon Heights then began a two year investment in the community, put the infrastructure together and implemented the plan. To date, 50 people are certified. She said that 2005 is the time for the pay-off on the investment. She has seen what happens in communities having no Community Emergency Response Team, and gave three examples of her experiences assisting communities in Minnesota and Iowa, and working for FEMA in Alabama. She and a church disaster response team assisted with tornado damage in Minnesota in summer, 2004. When they arrived at their destination, the town’s mayor was so stunned he couldn’t tell them what to do because nothing like this had ever happened before and they weren’t prepared. He told them that the Federal Emergency Management Agency (FEMA) wouldn’t assist because the tornado damage wasn’t big enough. The Red Cross and the Baptist Church had come and gone. There was no CERT team in the town, so working in teams of two the church disaster response team decided where to start. The second area assisted was in Iowa City after the 2004 flood and the scenario was almost identical to her earlier example. FEMA couldn’t come and the Red Cross had come and gone. Two people from the Baptist Church were there with addresses for people who needed help. Again, there was no CERT team anywhere in sight. How did she get to FEMA? First, in 2003, Mayor Gehrz sent out a flyer asking people to contact her if they were interested in becoming CERT certified. Out of curiosity, she went. After becoming CERT certified and a CERT instructor, she felt the need for more emergency training. An opportunity to work for FEMA came in early September when she was invited to work for them in Alabama. What she saw while working there were several coastal communities with no community organization other than police and fire. FEMA was there because the destruction covered a number of counties and states. She never saw a local CERT person. FALCON HEIGHTS CITY COUNCIL MINUTES -2- January 12, 2005 PRESENTATION: Gretel Keene (continued) Ms. Keene said one community had been standing for 35 years without a hurricane affecting them. They had survived Hurricane Frederick 35 years ago so, “What’s the problem?” they said. Then Hurricane Ivan struck with 120-155 MPH winds, 55-foot waves with 12 feet of shore surge. It destroyed everything in its path. One person after another asked, “What can FEMA do for me?” People didn’t know who to contact or what to ask for. Her conclusion: It is dangerous to be complacent and unable to help anyone. So far, Falcon Heights has trained 0.09% or 1/111 of Falcon Heights population (5,572/50) or 1/24 single family households (1,199/50). That does not include any businesses along Snelling, Larpenteur or Hamline. At that rate, Falcon Heights can barely help itself, let alone anyone else. The CERT program needs to be continued in the Falcon Heights area and the percentages of CERT members increased so the community can be adequately serviced. Council member Kuettel asked if there were police and fire personnel in the first community or did the disaster response team take control? Ms. Keene said there were no police and fire personnel so the team took over. In response to a question from Council member Talbot, Mayor Gehrz said that FEMA developed the CERT program in Los Angeles. There are 600 trained CERT people in Minnesota. Initially, there was Federal money available for grant purposes but it has been slashed so there is little or no money for the program. Meetings are being held to determine what the priorities should be with the little money that is available. Can partnerships be formed with businesses in the community, i.e. one of the vest manufacturers is 3M. The CERT bag contents can be reduced and simplified, which will cut the cost of the CERT kits dramatically. Another training is planned for March or April. Mayor Gehrz thanked Ms. Keene for her selfless contribution to the community. APPROVAL OF MINUTES: The Council minutes dated December 6 and December 8, 2004 were unanimously approved as submitted. PUBLIC HEARINGS: None Scheduled CONSENT AGENDA: Kuettel moved approval of the Consent Agenda, as outlined below. The motion was unanimously approved. General Disbursements through December 31, 2004: $138,703.74 General Disbursements through January 7, 2005: $ 24,060.73 Payroll (12/01/04-12/15/04) $ 11,687.68 Payroll (12/15/04-12/30/04) $ 13,796.79 FALCON HEIGHTS CITY COUNCIL MINUTES -3- January 12, 2005 CONSENT AGENDA (continued) 2005 license applications and renewals received to date 3. Review and adopt Council standing rules 4. Resolution 05-01 designating official depositories for 2005 5. Consider Resolution 05-02 approving a 3% standard compensation increase for regular employees in 2005 6. Appointment of City Auditor for 2005 – KDV, Kern-DeWenter-Viere 7. Appointment of City Engineer for 2005 – Howard R. Green Consulting Engineers 8. Designation of official newspaper for 2005 – Roseville Review 9. Request for action on option to waive statutory tort limits under LMCIT insurance plan 10. Accept 2005 tree trimming proposal from S & S Tree and Horticultural Specialist, Inc. POLICY AGENDA: Consideration of Ordinance 05-01 regarding bus bench signs (continued from the December 8, 2004 Council meeting) Administrator Worthington said that in early April, 2004, staff notified U.S. Bench that they were in violation of a City ordinance that prohibits advertising signs in the right of way. This enforcement action was the result of a citizen complaint about the location of a bus bench adjacent to the resident’s property. At the May 5, 2004 meeting, the Council enacted a six month moratorium on the installation of any new bus bench signs in the City to give staff time to research the issue and come back to the Council with a recommendation. At the September 22nd meeting, staff requested extension of this moratorium to November 24th. At the November 24th meeting, the City Council reviewed staff recommendations for an ordinance concerning bus bench or courtesy bench signs. Staff brought a final ordinance back to the Council for review and consideration at the December 8, 2004 Council meeting and the Council decided to continue the matter to the January 12, 2005 meeting to allow time for Council review. Staff consulted with Mr. Rollie Danielson of U.S. Bench, and he proposed several modifications that were included in the Council packet. She said Mr. Danielson was in attendance to answer any questions that the Council or audience might have. Administrator Worthington gave a brief oral review of the proposed ordinance and modifications. She said the annual licensing fee will be a separate motion. Mr. Danielson commented that he has been in the business for 60 years and works in over 60 communities in the metro area. He likes the ordinance that is being proposed this evening. A brief discussion followed. FALCON HEIGHTS CITY COUNCIL MINUTES -4- January 12, 2005 Consideration of Ordinance 05-01 regarding bus bench signs (continued from the December 8, 2004 Council meeting) (continued) Council member Lamb said it would be helpful if the ordinance specified that these are annual rather than permanent licenses. He recommended that the word Annual be added to Subsection 3-6.03. C. Annual License Required. Mayor Gehrz recommended that Subsection 3-6.03 D. Specifications (7) be reworded to say the sign area must only be on the street facing side. Administrator Worthington recommended that under Subsection 3.6.03 B. Location, (5), the words “as a conditional use” be eliminated and that (3) and (5) in that subsection be combined. Talbot moved adoption of Ordinance 05-01 amending Chapter 3-6.03, Chapter 9-1.02, 9-13.02 and 9-13.03 of the Falcon Heights City Code with regard to courtesy benches, with the changes recommended by Mr. Rollie Danielson, Council member Lamb, Mayor Gehrz and Administrator Worthington. The motion was unanimously approved. (Ordinance No. 2005-01 is outlined below.) ORDINANCE NO. 05-01 AN ORDINANCE AMENDING THE FALCON HEIGHTS CITY CODE CONCERNING COURTESY BENCHES THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1. Chapter 3, Section 6 of the Falcon Heights City Code is amended to read: Courtesy benches. Definition. A courtesy bench is a bench provided for the public to wait for regularly scheduled public transportation. Location. 1. Courtesy benches shall be located along regularly scheduled public transportation routes. 2. No courtesy bench may be placed within five feet of an existing transit shelter of any kind located within a right of way. 3. Courtesy benches may be located on public rights of way or on public property if the public right of way or public property is zoned commercial or business property (B-1, B-2 and B-3 zoning districts). Courtesy benches shall be allowed in zoning districts R-3 and R-4. FALCON HEIGHTS CITY COUNCIL MINUTES -5- January 12, 2005 Consideration of Ordinance 05-01 regarding bus bench signs (continued from the December 8, 2004 Council meeting) (continued) 4. Courtesy benches may be located on private property within commercial or business districts (B-1, B-2 and B-3 zoning districts) if permission is obtained from the owner of the land. 5. Courtesy benches shall not be located in zoning districts R-1 and R-2. C. Annual License Required. Courtesy benches must be licensed as provided by this section. D. Specifications. 1. Courtesy benches shall be no more than three and one-half feet high, seven feet long and three feet wide. Courtesy benches must be erected on a concrete pad no more than eight feet long and four feet wide. 2. Courtesy benches must be installed parallel with the curb. 3. Courtesy benches must not render the bus stop ADA (Americans with Disabilities Act) non-compliant and placement must allow for normal transit shelter maintenance, including adequate access for replacement of glass. 4. Courtesy benches must display the license number assigned to it. 5. Courtesy bench licensees must maintain the bench at the location designated in the license and keep the bench in good repair, painted, the sign face maintained in good condition, and the bench structure kept in a usable condition. 6. When directed by the City Administrator as necessary to address refuse and litter issues and in no event less than once per week, courtesy bench sites shall be cleaned and maintained. Cleaning and maintenance shall include picking up litter or debris around the bench and removing graffiti and stickers. Ice and snow shall be removed from the courtesy bench site such that the courtesy bench site is fully accessible in a timely manner after snow or other weather event. Benches shall be inspected weekly for any damaged or broken parts. Any damaged or broken parts shall be replaced or repaired within forty-eight hours after damage or breakage is discovered or reported. 7. The sign area of courtesy bench signs shall not exceed eleven square feet and must be only on the street facing side. No flashing signs, motion signs or illuminated signs are permitted on courtesy benches. The definitions in § 9-1.02 apply to this section. 8. Courtesy benches must comply with §§ 9-13.02, 9-13.03 of the Falcon Heights City Code. E. Removal. At the request of the City Administrator, a courtesy bench shall be removed at licensee’s sole expense to allow for right of way improvements or maintenance. If the location of the courtesy bench is a safety hazard, if the courtesy bench interferes with pedestrian or vehicular traffic, or if the courtesy bench’s public transportation route changes, then said courtesy bench shall be removed at the licensee’s sole expense. Removal shall occur within thirty days of written notice provided by the City Administrator to the licensee. FALCON HEIGHTS CITY COUNCIL MINUTES -6- January 12, 2005 Consideration of Ordinance 05-01 regarding bus bench signs (continued from the December 8, 2004 Council meeting) (continued) F. License Procedures. An application for a courtesy bench license shall be made on the form supplied by the City and must be accompanied by the fee established by the Council and proof of insurance coverage. The City Administrator shall approve or deny the application. Upon forty-five (45) days written notice, the applicant may appeal the City Administrator’s decision to the City Council. Written permission must be obtained from adjacent property owners before a license is issued for a new bench location. G. Insurance. No license shall be issued or continued in operation unless there is in full force and effect a liability insurance policy issued by an insurance company authorized to do business in the State of Minnesota and acceptable to the City for each courtesy bench in the amount of $500,000 combined single limit. Such policy must be endorsed to show the City as an additional insured and the City shall receive advance notice of not less than 30 days of the cancellation of coverage. Copies of such policy shall be filed in the office of the City Clerk. SECTION 2. Section 9-1.02 of the Falcon Heights City Code is amended by adding the following definition: Sign, Courtesy Bench. A sign which is affixed to a courtesy bench or shelter. SECTION 3. Section 9-13.02, Subdivision 2, subparagraphs “a” and “b” of the Falcon Heights City Code are amended to read: a. Types of Signs Allowed. Business, nameplate, identification, illuminated, ground, pedestal, political, real estate sales, temporary, wall and courtesy bench signs. b. Number of Each Type of Sign Allowed Per Lot Frontage. One (1) real estate sales sign, two (2) temporary signs, one (1) nameplate sign, one (1) political sign. Courtesy bench signs are permitted on licensed courtesy benches. SECTION 4. Section 9-13.02, Subdivision 3, subparagraphs “a” and “b” of the Falcon Heights City Code are amended to read: a. Types of Signs Allowed. Business, nameplate, identification, illuminated, ground, pedestal, political, real estate sales, shopping center sign where there are three (3) or more businesses, temporary, wall and courtesy bench signs. b. Number of Each Type of Sign Allowed per Lot Frontage. One (1) real estate sales sign, two (2) temporary signs, one (1) nameplate sign, one (1) political sign for each candidate, and one (1) business sign or one (1) shopping center sign. If a shopping center sign is used, each business establishment located in the shopping center shall also be permitted one (1) business or nameplate sign. Courtesy bench signs are permitted on licensed courtesy benches. FALCON HEIGHTS CITY COUNCIL MINUTES -7- January 12, 2005 Consideration of Ordinance 05-01 regarding bus bench signs (continued from the December 8, 2004 Council meeting) (continued) SECTION 5. Section 9-13.03, Subdivision 2, of the Falcon Heights City Code is amended to read: Subdivision 2. Certain Signs Prohibited. No sign will be permitted that provides refuge from police surveillance, tends to accumulate debris as a fire hazard, or in any other way is a hazard to the public health, safety, convenience or general welfare. Private signs are not permitted within streets or other public right-of-way, except on courtesy benches as regulated herein. SECTION 6. Section 9-13.03, Subdivision 4, of the Falcon Heights City Code is amended by adding subparagraph C to read: c. Courtesy bench signs are permitted on courtesy benches in the zoning districts specified herein. SECTION 7. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 12th day of January, 2005, by the City Council of Falcon Heights, Minnesota. Lamb moved that the annual fee for courtesy bus benches be $25.00 per bench to cover the City’s licensing and inspection costs. The motion was unanimously approved. REPORTS FROM COUNCIL MEMBERS: Council member Talbot commented that he was surprised to see that the County plows had gone through the City. Administrator Worthington said Ramsey County dropped the blade throughout the City because of the strange blend of rain and snow. No tags were issued. Council member Talbot reminded the viewing audience about the City’s winter parking restrictions. INFORMATION AND ANNOUNCEMENTS: Council member Kuettel said the kids love the rink at the Falcon Heights Elementary School. The students at the elementary school will be collecting money for the Tsunami victims the week after the Martin Luther King holiday. Also, the food shelves are low. She asked if the City would want to send something out to residents. Mayor Gehrz suggested the City could put something on the web site about drop-off points. Mayor Gehrz said that on Monday evening, January 17, 6:30 PM, at City Hall, the Neighborhood Commission and neighborhood liaisons will be meeting, as well as any other commission members who wish to attend. She mentioned a number of local dental clinics will be donating their time to provide free dental care for children ages 3-18 on February 4 and 5, 2005. If anyone knows of a child or children who could benefit from these services, please contact Tracy or Colleen at the White Bear Lake Area Community Counseling Center (651) 429-8544. FALCON HEIGHTS CITY COUNCIL MINUTES -8- January 12, 2005 INFORMATION AND ANNOUNCEMENTS: (continued) Mayor Gehrz said that she and Administrator Worthington met with the management people for the State Fair. The purpose of the meeting was to discuss what went well, issues around the State Fair and non-fair events. There will be some real improvements regarding the Back to the 50’s event. The City has a good partnership going with the State Fair and a lot of work is being put into this. There will be a public meeting in February to give residents and State Fair representatives an opportunity to meet and talk. March is Volunteer Recognition Month. Last year Commission members attended a Council meeting and gave information about their accomplishments. The Council might want to present the Kwong Award that night also. Both presentations could take place at the March 23, 2005 Council meeting. Administrator Worthington reminded the viewing audience that the City’s annual Dead of Winter event will be held on Sunday afternoon, February 6, from 1:00-4:00 PM at Community Park. The regular City Council meeting was adjourned at 8:05 PM. Respectfully submitted, Mary Shea Kodluboy Deputy Clerk