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HomeMy WebLinkAboutCCAgen_9 May 12 (2)CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA May 9 , 2012 **Falcon Heights City Council Workshop will begin at 6:00pm see attached agenda ** A. CALL TO ORDER: B. ROLL CALL: LI NDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER -TAYLOR ____ FISCHER ____ C. PRESENTATIONS : 1. CERT Presentation – Kris Gran g a ard and Dan Johnson -Powers D . A P PROVAL OF MINUTES: April 25 , 2012 E. PUBLIC HEARINGS: F. CONSENT AG ENDA: 1. General Disbursements through 5 /4/2012: $93301.93 Payroll through 4/30 /2012: $16,831.47 2. Appointment of Isaac Mielke 3. Appointment of Jeff Connell 4. City Hall Summer Hours 5. Police Week Resolution G: POLICY ITEMS : 1. Front Poarch Ordinance 2. Prairie Grass Ordinance H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: Falcon Heights City Council Workshop City Hall 2077 W Larpenteur Ave. 6:0 0 p.m.* AGENDA Wednesday , May 9 , 2012 1) Review/Comparison of International Property Maintenance Code as compared to existing City Code *If more time is needed, the Workshop will continue after the regularly scheduled City Council meeting (7:00 pm start time). If you have a disability and need accommodation in order to attend this meeting, please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p .m. at 651 -792 -7600. We will be happy to help. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Description To address a need for stronger and more specific e nforcement tools to confront deficient maintenance on certain properties in Falcon Heights, both vacant and occupied, the City Council has expressed an interest in adopting by reference the International Property Maintenance Code into the Falcon Heights Ci ty Code. Tabled from 4/25/12 Background On April 25, 2012, the City Council tabled this matter in order to further examine specific provisions. Council Members had raised concerns that some measures in the code and/or amendments in the proposed ordinanc e that apply to all dwellings (a) might be better applied to rentals only, (b) might not be appropriate for Falcon Heights at all. Staff was asked to go through the IPMC and the ordinance’s deletions and amendments and highlight those that might be cause f or the above concerns. The highlighted sections are given in the attachments, along with an updated version of the staff notes from April 24. Sections that were deemed by staff to be appropriate and reasonable for health and safety in all occupancies , and which are considered unlikely to cause the above type of concern, have not b een included in the attachments – though the Council may choose to add them The primary attachment is in the form of a worksheet for Council Members to make their own notes for dis cussion. Short sections are quoted in the worksheet; longer sections are annotated in an appendix. The City has one printed copy of the IPMC. The document can be read online at http://publicecodes.citation.com/icod/ipmc/2012/index.htm Budget Impact Unknown Att achment(s) • IPMC Sections for further consideration by the City Council • Staff notes on deletions and amendments in the ordinance (version 2) Action(s) Requested • Discussion Workshop Date May 9 , 2012 Agenda Item 1 Title Workshop on o rdinance adopting the International Property Maintenance Code Submitted By Deborah Jones, Director of Zoning and Planning 1 IPMC Measures for Additional Council Examination Omitted sections were considered unambiguous and uncontroversial by staff, or appropriate to the health and safety of all structures. Section Text Apply to All? Only Rental? Remove? Comment 304.1.1 Unsafe Conditions (see attached) 304.2 Protective Treatment (see attached) 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tigh t and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstruction s. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 304.9 304.10 304.11 Decorative Features Overhang Extensions Stairways, Decks, porches & balconies Chimneys and towers (see attached) Grouped together here because of similarity. 2 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, Skylight and door frames (see attached) 304.14 Insect Screens (see attached) Note that t his section is amended in the ordinance. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in acc ordance with Section 702.3. Note that some of this already applies only to rentals. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building Security (see attached) 3 304.19 Gates. All exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. 305.1 305.1.1 Interior Structure. General. (see attached) Unsafe conditions (see attached) Amended in ordinance 305.3 Interior surfaces (see attached) 305.4 305.5 305.6 Stairs and walking surfaces Handrails and guards Interior doors (see attached) Grouped together here because of similarity. 306 Component Serviceability (see attached) This is amended in the ordinance. 402.1 Habitable spaces (see attached) 402.2 Common halls and stairways (see attached) 4 402.3 Other spaces (see attached) 403.1 Ventilation. Habitable spaces (see attached) 403.2 Bathrooms and toilet rooms (see attached) 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated t o any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer’s instructions. Exception: Listed and labeled condensi ng (ductless) clothes dryers. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall be a minimum of 7 feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet (914 mm) between counterfronts and appliances 5 or counterfronts and walls. 404.3 Minimum ceiling heights (see attached) 404.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Room area. Every living room shall contain at least 120 square feet (11.2 m 2 ) and every bedroom shall contain a minimum of 70 square feet (6.5 m 2 ) and every bedroom occupied by more than one person shall contain a minimum of 50 square feet (4.6 m 2 ) of floor area for each occupant thereof. 404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habi table spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent st ory. 6 404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes. 404.4.5 Other requirements (see attached) 404.5 Overcrowding - ** Deleted in ordinance (see attached) 605.2 Recepticals (electrical requirements) (see attached) Amended in ordinance 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric luminaire . Pool and spa luminaries over 15 V shall have ground fault circuit interrupter protection. “Luminaire” is defined as a “complete electric light fixture” – for example, a plug -in lamp would not qualify , even if activated by the wall switch . 605.4 Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. 1 APPENDIX A: IPMC Sections for further Council consideration • Shorter sections are quoted in the worksheet. • Sections are (generally) not included in the list if they are deleted in the ordinance , unless they were discussed on April 24. • Sections amended in the ordinance are given with the original and amendment mark -up • Sections may be omitted if, in the opinion of staff, they are appropriate for health and safety for all structures/occupa ncies and not unreasonable to require of owner occupants. 304. Exterior Structure 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the Int ernational Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or columns, and o f walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Siding and masonry joints including joints between the building envelope and the p erimeter of windows, doors and skylights are not maintained, weather resistant or water tight; 5. Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects; 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 7. Exterior walls that are not anchored to supportin g and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resistin g all load effects; 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects; 10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 2 11. Overh ang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal load s and resisting all load effects; 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or 13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. Exceptions : 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elemen ts and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, d oors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. 304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wal l facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire esc apes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by per iodic application of weather -coating materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained struc turally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 3 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in goo d repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. 304.13 Window, skylight and door frames. Ever y window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed windo w, shall be easily openable and capable of being held in position by window hardware. Section 304.14 Insect Screens. ** Amended in ordinance During the period from May 15 to October 15 every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self -closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. (original and amendment shown) 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provi ded with devices designed to provide security for the occupants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer’s speci fications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 4 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. Section 305: Interior Structure 305.1 General. ** Amended in ordinance The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owne r of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. The property owner is ultimately responsible for the whole property. 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or column s, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effe cts; 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effe cts; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When subs tantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. 305.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanit ary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, land ing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 5 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintai ned in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Section 306: Component Serviceability 306.1 General. ** Original is replaced in the amendment as follows: The components of a structure and equipment therein shall be maintained in good repair, structurally sou nd and in a sanitary condition. Every exterior and interior flight of stairs shall have handrails on both sides of the stair. Exception: Stairs having four or more risers and permitted by the Minnesota State Building Code to be less than 44” wide may ha ve handrails on one side. Stairs having less than four risers and permitted by the Minnesota State Building Code to be less than 44” wide are not required to have handrails. Every open portion of a stair, landing, balcony, porch, deck, ramp or other walk ing surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 34 inches (864 mm) high or more than 38 inches (965 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 42 inches (1067 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exceptions: 1. Guards may be not less than 36 inches (914mm) hi gh where permitted by the Minnesota Stat e Building Code. 2. Guards shall not be required where exempted by the adopted building code. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state , the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code as required for existing buildings: 1. Soils that have been subjected to any of the following conditions: 1.1. Collapse of footing or foundation system; 1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion; 6 1.3. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil; 1.4. Inadequate soil as determined by a geotechnical investigation; 1.5. Where the allowable bearing capacity of the soil is in doubt; or 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to t he ground water table. 2. Concrete that has been subjected to any of the following conditions: 2.1. Deterioration; 2.2. Ultimate deformation; 2.3. Fractures; 2.4. Fissures; 2.5. Spalling; 2.6. Exposed reinforcement; or 2.7. Detached, dislodged or failing c onnections. 3. Aluminum that has been subjected to any of the following conditions: 3.1. Deterioration; 3.2. Corrosion; 3.3. Elastic deformation; 3.4. Ultimate deformation; 3.5. Stress or strain cracks; 3.6. Joint fatigue; or 3.7. Detached, dislodged or fa iling connections. 4. Masonry that has been subjected to any of the following conditions: 4.1. Deterioration; 4.2. Ultimate deformation; 4.3. Fractures in masonry or mortar joints; 4.4. Fissures in masonry or mortar joints; 4.5. Spalling; 4.6. Exposed reinforcement; or 4.7. Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the following conditions: 5.1. Deterioration; 5.2. Elastic deformation; 5.3. Ultimate deformation; 5.4. Metal fatigue; or 5.5. Detached, dislodg ed or failing connections. 6. Wood that has been subjected to any of the following conditions: 6.1. Ultimate deformation; 6.2. Deterioration; 6.3. Damage from insects, rodents and other vermin; 6.4. Fire damage beyond charring; 6.5. Significant splits an d checks; 6.6. Horizontal shear cracks; 6.7. Vertical shear cracks; 6.8. Inadequate support; 6.9. Detached, dislodged or failing connections; or 7 6.10. Excessive cutting and notching. Exceptions : 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. Th e minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window a nd extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m 2 ). The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one - and two -family dwellings, shall be lighted at all times with at least a 60 -watt standard incandescent light bulb for each 200 square feet (19 m 2 ) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential oc cupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads. 402.3 Other sp aces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the 8 floor area of the i nterior room or space, but a minimum of 25 square feet (2.33 m 2 ). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the venti lation requirements for habitable spaces as required by Section 403.1 , except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. SECTION 404 OCCUPANCY LIMITS 404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms , toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm). Exceptions: 1. In one - and two -family dwellings, beams or girders spaced a minimum of 4 feet (1219 mm) on center and projecting a maximum of 6 inch es (152 mm) below the required ceiling height. 2. Basement rooms in one - and two -family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (213 4 mm) over a minimum of one -third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included. 404.4.5 Other requirement s. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water -heating facilities require ments of Chapter 5 ; the heating facilities and electrical receptacle requirements of Chapter 6 ; and the smoke detector and emergency escape requirements of Chapter 7 . 9 404.5 Overcrowding. **Please note – this is deleted in the proposed ordinance! Dwelling units shall not be occu pied by more occupants than permitted by the minimum area requirements of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS SPACE MINIMUM AREA IN SQUARE FEET 1 -2 occupants 3 -5 occupants 6 or more occupants Living room a, b 120 120 150 Dining room a, b No requirement 80 100 Bedrooms Shall comply with Section 404.4.1 For SI: 1 square foot = 0.093 m 2 . a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes. Section 605.2 Receptacles. (showing changes from the proposed ordinance ) Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area and bathroom in a dwelling shall contain at least one grounded -type receptacle or a receptacle with a ground fault circuit interrupte r . Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location . Any electrical outlet within six feet of a water source or water outlet shall include operable ground fault circuit interrupter protection. 1 IPMC Ordinance Staff Notes I PM C Ordinance Notes 105.59 Deletions These are the sections listed for deletion in the ordinance because they do not apply in Falcon Heights or are provided for elsewhere in the City Code. 302.4 – Weeds All premises and exterior property shall be maintained free from weeds or plant growth in excess of [JURISDICTION TO INSERT HEIGHT IN INCHES]. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be auth orized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.8 Motor Vehicles Except as provided for in other regulations , no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibi ted unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved fo r such purposes. 303 Swimming Pools, Spas and Hot Tubs 303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more t han 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be se lf -closing and self -latching. Where the self -latching device is a minimum of 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained 2 IPMC Ordinance Staff Notes suc h that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. E xception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section. 307 Handrails and Guardrails 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) a bove the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walkin g surfaces. Guards shall not be less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. 404.5 Ove rcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS SPACE MINIMUM AREA IN SQUARE FEET 1 -2 occupants 3 -5 occupants 6 or more occupants Living room a, b 120 120 150 Dining room a, b No requirement 80 100 Bedrooms Shall comply with Section 404.4.1 For SI: 1 square foot = 0.093 m 2 . a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determi ning the minimum occupancy area for sleeping purposes. [P] 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. 3 IPMC Ordinance Staff Notes Chapter 8 all sections - Referenced Standards . Applicable standards are given the text of the ordinance. 105.60 Amendments 101.1 Title. These regulations shall be known as the International Property Maintenance Code of [NAME OF JURI SDICTION], Property Maintenance Code of the City of Falcon Heights hereinafter referred to as "this code.” 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the p rocedures and provisions of the Minnesota State Building Code and Falcon Heights City Code International Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, Internatio nal Residential Code, International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code . Section 102.7 Referenced Codes and Standards. The codes and standards referenced in this Code shall mean the applicable provision of the Falcon Heights City Code or Minnesota State Building Code, whichever is the most restrictive requirement permitted under statute and considered part of the requireme nts of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply unless preempted by or in conflict with the State Building Code be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. Exception: Where enforcement of a code provision would v iolate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply . Section 103.2 Appointment. The City Administrator or the City Administrator’s designated agents shall be the code official responsible for the a dministratio n and enforcement of this Code. The code official shall be appointed by the chief appointing authority of the jurisdiction. Section 103.5 Fees. The fees for activities and services performed by the City in carrying out its responsibilities un der this Code shall be adopted by Resolution of the City Council the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] 4 IPMC Ordinance Staff Notes Section 106.3 Prosecuti on of Violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlaw ful occupancy of the structure in violation of the provisions of this Code or of the order or direction made pursuant thereto. Any expenses incurred by the City in carrying out the enforcement of the provisions of this Code shall be included as a special a ssessment against the property. action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Section 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Incl ude a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code. 5. Inform the property owner of the right to appeal file a lien . 6. Include a statement of the right to impose a special assessment in accordance with Section 106.3. Section 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is foun d unlawful, such structure shall be subject condemned pursuant to the provisions of this Code. Section 108.2 Closing of Vacant Structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse , the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the cod e official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be assessed to charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource . Section 108.3 Notice. Whenever the code official has determined a structure or equipment is unsafe, a structure is unfit for human occupancy or a structure is unla wful under the provisions of this Article condemned a structure or equipment under the provisions of this section , notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or pers ons responsible for the structure or equipment in accordance with Section 5 IPMC Ordinance Staff Notes 107.3. If the notice pertains to equipment, it shall also be placed on the unsafe condemned equipment. The notice shall be in the form prescribed in Section 107.2. Section 108.4 Pos ting . Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall place a posting post on the premises or on the defective equipment which shall provide a placard bearing the word "Condemned” and a statement of the penalties provided for occupying the premises or operating the equipment or removing the placard . Section 108.4.1 Posting Removal. The code official shall provide written approval and remove the posting whenever the defect or defects upon which the enforcement action and posting were based have been eliminated. It shall be unlawful for any person to deface, obscure or remove a posting without the approval of the code official. Any person who defaces, obscures or removes a posting shall be subject to the penalties provided by this Code. Section 108.5 Prohibited Occupancy. Any occupied structure posted condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who sha ll occupy posted placarded premises or shall operate posted placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a posted placarded premises or operate posted placarded equipment shall be liable for the penalties provided by this Code. Section 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon filing a written notice of appeal with the Clerk petition directed to the appeals board , be afforded an appeal/hearing a hearing as described in this Code. Section 110.3 Failure to Comply. If the owner of a premise fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private per sons, and the cost thereof assessed to of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate . Section 111.1 Application for Appeal. Any person directly aggriev ed by a decision of the code official or a notice or order issued under this Code, may within ten days after service of the same, appeal to the Council by filing a written notice of appeal with the Clerk. In the case of an appeal from a notice issued to va cate pending elimination of imminent dangers, the appeal shall be heard as soon as possible after the time of filing. In the case of appeals from other notices, the appeal shall be heard at such time as may be established by the Council, but the taking of an appeal from a notice other than one to vacate pending the elimination of imminent dangers shall, during the pendency of such appeal, restrain the City and its officers from proceeding in any manner to enforce such notice. shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed 6 IPMC Ordinance Staff Notes within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legal ly adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Section 111.2 Decision of the Council. All appeals under this Code shall be heard by the Council. The Council may affirm in whole or in part or deny the existence of a violation of this Code, and if the violation is found to exist, confirm or modify the corrective action to be taken or the order requiring vacation of the premises and the time allowed for it. 111.2 Membership of board. The board of appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the j urisdiction. The code official shall be an ex -officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. Section 111.3 Correction o f Violation by City; Assessment of Cost. In all cases of violation of this Code to which M.S. 145A.03 through 145A.09 are applicable, the Sanitarian may proceed as provided in M.S. 145A.03 through 145A.09 to abate or remove the violation and to have the co st of it specially assessed against the lot or parcel where the violation was located. In suitable cases, said statutory remedies and procedure may be used either concurrently with, or separate from, the procedures prescribed in this Code. 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilt of a misdemeanor. Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provision s of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. Section 201.3 Terms Defined in Other Codes. Where terms are not defined in this Code and are defined in the Falcon Heights City Code or the Minn esota State Building Code International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Zon ing Code or NFPA 70 , such terms shall have the meanings ascribed to them as stated in those codes. Section 304.14 Insect Screens. During the period from May 15 to October 15 every door, window and other outside opening required for ventilation of habitabl e rooms, food preparation areas, food service areas or any 7 IPMC Ordinance Staff Notes areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less tha n 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self -closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. Section 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control i n a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. The property owner is ultimately responsible for the whole property. Section 306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurall y sound and in a sanitary condition. Every exterior and interior flight of stairs shall have handrails on both sides of the stair. Exception: Stairs having four or more risers and permitted by the Minnesota State Building Code to be less than 44” wide may have handrails on one side. Stairs having less than four risers and permitted by the Minnesota State Building Code to be less than 44” wide are not required to have handrails. Every open portion of a stair, landing, balcony, porch, deck, ramp or othe r walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 34 inches (864 mm) high or more than 38 inches (965 mm) high measured vertically above the nosing of the tread or abo ve the finished floor of the landing or walking surfaces. Guards shall not be less than 42 inches (1067 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exceptions: 1. Guards may be not less than 36 inches (914 mm) high where permitted by the Minnesota Stat e Building Code. 2. Guards shall not be required where exempted by the adopted building code. Section 308.4 Multiple Occupancies. [Note: Should be 309.4.] The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for extermination. Whenever infestation exists in two or more 8 IPMC Ordinance Staff Notes dwelling units in a dwelling, extermination of the infested areas shall be the responsibility of the o wner and operator. Section 401.3 Alternative Devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Minnesota State International Building Code shall be permitted. Section 402.3 Other Spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. Minimum artificial light shall provide 10 foot candles of light over the room area at a height of 30 inches. Section 505.1 General. Amended to read: Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Minn esota State Building International Plumbing Code. Section 602.2 Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) at a distance 3 feet above floor level in all habitable r ooms, bathrooms and toilet rooms based on the winter outdoor design temperature of –15○F for the locality indicated in Appendix D of the International Plumbing Code . Cooking appliances shall not be used , nor shall portable unvented fuel -burning space hea ters be used, as a means to provide required heating to provide space heating to meet the requirements of this section . Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintain ed . Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15 to May 15 to maintain a minimum temperature of not less than 68°F (20°C) at a distance 3 feet above floor level in all habitable rooms, bathrooms, and toilet rooms. Exception: When the outdoor temperature is below the winter outdoor design temperature for the loca lity, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature shall be –15○F. Exceptions: 9 IPMC Ordinance Staff Notes 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shal l be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained. Section 602.4 Occupiable Work Spaces. Indoor occupiable wo rk spaces shall be supplied with heat during the period from September 15 to May 15 to maintain a minimum temperature of not less than 65°F (18°C) at a distance 3 feet above floor level during the period the spaces are occupied. Exceptions: 1. Processing , storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. Section 604.2 Service. The size and usage of appliances and equipment shall serve as a b asis for determining the need for additional facilities in accordance with the currently adopted National Electrical Code NFPA 70 . Dwelling units shall be served by a three -wire, 120/240 volt, single -phase electrical service having a minimum rating of not less than 60 amperes. Section 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area and bathroom in a dwelling shall contain at least one grounded -type receptacle or a receptacle with a ground fault circuit interrupter . Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate facepl ate cover for the location . Any electrical outlet within six feet of a water source or water outlet shall include operable ground fault circuit interrupter protection. Section 606.1 General. Elevators, dumbwaiters and escalators shall be maintained in com pliance with Minnesota Elevators and Related Devices Code ASME A17.1 . The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for pu blic inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official . The inspection and tests shall be performed at not less than the periodical intervals listed in Minnesota Elevators and Re lated Devices Code ASME A17.1, Appendix N , except where otherwise specified by the authority having jurisdiction. Section 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Minnesota State Fire Code. 10 IPMC Ordinance Staff Notes Section 702.2 Aisles. The required width of aisles in accordance with the International Minnesota State Fire Code shall be unobstructed. Section 702.3 Locked Doors . All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Minnesota State Building Code. Section 702.4 Emergency Escape Openings. Required emergency escape openings for Group IRC, Group R and Group I -1 shall comply with Minnesota State Fire Code Section 1026, Emergency Escape and Rescue. shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening . Section 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Minnesota State Fire Code. Section 704.2 Smoke Alarms. Single or multiple -station smoke alarms shall be installed and maintained in Groups R -2, R -3, R -4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations: 1. on the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. in each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm install ed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Single or multiple -station smoke alarms shall be installed in other groups in accordance with the International Minnesota State Fire Code. CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA April 25 , 2012 A. CALL TO ORDER: B. ROLL CALL: LI NDSTROM _X_ HARRIS _Ab _ GOSLINE _X _ LONG _X_ MERCER -TAYLOR _X _ FISCHER _X _ OLSON _X_ C. PRESENTATIONS : 1. 2011 Audit Presentation - Kern, DeWenter, Viere – Presented by Matt Mayer, CPA, Partner Kern, DeWenter, Viere D . A P PROVAL OF MINUTES: April 11 , 2012 Approved E. PUBLIC HEARINGS: F. CONSENT AGENDA: Bet h Mercer –Taylor Moved Approval 4 -0 1. General Disbursements through 4/20 /2012: $114,597.79 Payroll through 4/12 /2012: $16,239.22 2. City License Renewal 3. Appointment of Firefighter 4. Merwin’s Liquor Tobacco Compliance G: POLICY ITEMS : 1. Ordinance adopting the International Property Maintenance Code Tabled H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: 7:50pm REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item General Disbursements and Payroll Description Ge neral Disbursements through 5/2 /2012: $93,301 .93 Payroll through 4 /30 /2012: $16,831.47 Budget Impact Att achment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date May 9 , 201 2 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director REQUEST FOR COUNCIL ACTION Famili es, Fields and Fair __________________________ The City That Soars! Item Appointment of Isaac Mielke to the Environment Commission as Youth Commissioner Description Due to a recent opening, ap plications were sought f or the environment commission . I have spoken with Isaac Mielke and recommend that he be named to a three year term. Budget Impact N/A Att achment(s) Isaac Mielke Application Action(s) Requested I recommend that Isaac Mielke be ap po inted to a three year term (2012 -2014 ) to the Falcon Heights Environment Commission. Meeting Date May 9 , 201 2 Agenda Item Consent F 2 Attachment Commission Application Submitted By Mayor Peter Lindstrom REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Appointment of Jeff Connell to the Environment Commission Description Due to a recent opening, applications were sough t f or the environment commission. I have spoken with Jeff Connell and recommend that he be named to a three year term. Budget Impact N/A Att achment(s) Jeff Connell Application Action(s) Requested I recommend that Jeff Connell be appointed to a three ye ar term (20 12 -2014) to the Falcon Heights Environment Commission. Meeting Date May 9 , 201 2 Agenda Item Consent F 3 Attachment Commission Application Submitted By Mayor Peter Lindstrom REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soar s! Item City Hall Summer Hours Description For the past four years, the city has implemented a modified schedule during summer months. The arrangement seemed to work well, and staff is requesting that the revised hours be implemented again this year. During the summer months, especially on Fridays, the amount of walk -in and phone call requests for service drops off dramatically. Many cities use this as an opportunity to employ alternative hours of operation, commonly known as “summer hours”. Neighboring cities that use this type of schedule include St. Anthony Village and Arden Hills. Currently, normal hours of operation are Monday – Friday, 8:00 a.m. – 4:30 p.m. Staff is proposing that the City of Falcon Heights use the following schedule between Memorial Day and Labor Day: Monday – Thursday 7:30 am – 5:00 pm Friday 7:30 am - noon This would allow for city hall to still be ope n the same number of hours per week (42.5) and for employees to still work the same number of total hours (40, with one ½ hour break each day). It would also allow contractors the ability to pick up permits earlier so that they may get working on projects sooner in the day. Finally, it would be a benefit to our employees by allowing them to begin their weekend a little bit earlier. We would need to publicize this through our normal methods (email, we bsite, flyers, newsletters, newspapers , social media ). We would also insert a notice on all permit applications so that contractors and/or residents do not come to city hall on Friday afternoon hoping to pick up permits for their weekend projects. Notice will also be given to those who rent facilities that b uilding keys will need to be picked up before noon on Friday. Budget Impact N/A Meeting Date May 9, 2012 Agenda Item Consent F Attachment None Submitted By Bart Fischer , City Administrator Att achment(s) None Action(s) Requested Staff recommends that the Falcon Heights City Council adopt the summer hours schedule explained above from Memorial Day to Labor Day . REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Resolution Proclaiming Police Week Description T o recognize National Police Week 2012 and to honor the service an d sacrifice of those law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy communities throughout the area are proclaiming police week. Budget Impact None Att achment(s) Resolution 12 -0 7 Acti on(s) Requested Staff recommends that the Falcon Heights City Council approve the attached Res olution Proclaiming Police Week, Resolution 12 -07 . Meeting Date May 9 , 201 2 Agenda Item Consent F Attachment Resolution 12 -0 7 Submitted By Jessica Anderson , Office Assistant CI TY OF FALCON HEIGHTS COUNCIL RESOLUTION May 9, 2012 No. 12 -07 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION PROCLAIMING POLICE WEEK CITY OF FALCON HEIGHTS WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of the St. Anthony Police Department also serving the City of Falcon Heights; WHEREAS, nearly 60,000 assa ults against law enforcement officers are reported each year, resulting in approximately 16,000 injuries; WHEREAS, since the first recorded death in 179 1 , almost 20 ,000 law enforcement officers in the United States have made the ultimate sacrifice and be en killed in the line of duty; WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; WHEREAS, names of fallen heroes are being added to the National Law Enfo rcement Officers Memorial this spring, including 1 63 officers killed in 20 1 1 and 1 99 officers killed in previous years; WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Offic ers Memorial Fund’s 24 th Annual Candlelight Vigil, on the evening of May 1 3, 201 2 ; WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the MINNESOTA LAW ENFORCEMENT MEMORIAL ASSOCIATION’S Annual Candlelight Vigil, on the evening of May 15, 2012; WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place this year on May 1 3 -19 ; WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their fami lies; THEREFORE, BE IT RESOLVED that the Falcon Heights City Council formally designates May 1 3 -1 9 , 201 2 , as POLICE WEEK in the City of Falcon Heights , and publicly salutes the service of law enforcement officers in our community and in communities across the nation. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom, Mayor May 9, 2012 LIN DSTROM ____ In Favor Attested by: ________________________ GOSLINE Bart Fischer HARRIS ____ Against City Administrator LONG May 9, 2012 MERCER -TAYLOR REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Description An ordinance is proposed to amend the City Code to allow limited encroachment of open front porches into required front yards in residential zones. Background At the request of the City Council in 2011, the Planning Commission undertook an exploration of whether to add front porches as p ermitted encroachments into required front yards in residential zones. Although front porches are certainly legal in Falcon Heights, they are not included among those structures and features which are allowed as encroachments into the required front setbac k. For a majority of homes in Falcon Heights, there is no room to add a porch or even a covered entry without encroaching into the 30 foot setback (the “required front yard”). The Planning Commission found that this issue required a lot of thought and care ful discussion to balance competing aspects of community value. On one hand, for example, front porches and covered entries have a clear value as amenities for home s – as shelter for the front door and as transitional social space into the neighborhood. O n the other hand, the neighborhoods of Falcon Heights have a distinct mid -20 th century architectural style that is attractive and valued on its own merits, worth preserving. Also, effectively narrowing the open streetscapes residents now enjoy could have a significant impact on the look of whole neighborhoods. Discussion took place over several months of workshops in the fall of 2011. In February, 2012, the Planning Commission held a public hearing on a proposed ordinance to allow certain front porch encro achments. The hearing was attended by three community members who supported the principle of front porches as amenities that improve neighborhoods. In the ensuing discussion, Commissioners raised new concerns about the amendment as written and realized it did not reflect a balance they were comfortable with. They voted to table the matter to reconsider the language of the proposed ordinance. After further workshop discussion in March, Commissioners proposed alternate language limiting the encroachment to 5 0 square feet of the required front yard (front setback). Porches are to be open to the elements and unscreened, with open railings, to minimize the visual impact on streetscapes and the views from adjacent homes. At the April 24 Planning Commission meetin g, the Commission voted to recommend this revised version of the ordinance to the City Council. Meeting Date May 9 , 2012 Agenda Item G 1 Policy Title Ordinance amending the Falcon Heights zoning code to allow certain front porch encroachments Submitted By Deborah Jones, Zoning & Planning Director Budget Impact None Att achment(s) • Draft ordinance amending Section 113 -241 Required yards and open spaces Action(s) Requested • Approve Ordinance 1 2 -0 3 16 3829v01 RNK:r04/17/2012 ORDINANCE NO. 12 -03 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 113 OF THE CITY CODE CONCERNING PORCHES THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1. Section 113 -3 of the Falcon Heights City Code is amende d by adding the following definition : Porch means a roofed, open area attached to a building with direct access to and from the bu ilding to which it is attached. SECTION 2 . Section 113 -241 of the Falcon Heights City Code is amended by adding Subsection (b)(5) to provide as follows: (5) P orches with open railings which do not have walls, doors, windows or screens and which do not extend above the roof line of the building to which they are attached may encroach into th e required front yard six feet if they are a minimum 2 4 feet from any front lot line. The encroachment into the front yard may not exceed 50 square feet. SECTION 3 . Effective Date . This ordinance shall take effect from and after its passage. ADOPTED this ______ day of _______________, 2012, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ______________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Bart Fischer , City Administrator/Clerk REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Description The Falcon Heights Environment Commiss ion recommends adoption of an ordinance allowing and regulating varied landscaping styles in Falcon Heights , including prairie gardens, meadow gardens and rain gardens . Background Fairview Avenue resident Todd Miller has approached the City about conver ting part of his yard to a prairie garden. Because the Falcon Heights city code does not address this kind of landscaping specifically (other than a restriction of grass height to six inches) and assumes that yards will be landscaped with traditional turf grass , and because there is potential for abuse and neighborhood disagreement with respect to non -traditional yards , staff suggested that Mr. Miller look for support from the Environment Commission and the City Council. The Commission took up this discuss ion at the March, 2012, meeting, which Mr. Miller attended. Those Commissioners pre sent were definitely in favor of providing for prairie gardens and other types of natural landscaping in the City of Falcon Heights. In April, the Environment Commission re viewed natural landscaping ordinances from a number of Minnesota communities and other staff research . As discussion continued, the Commission developed a consensus to take an approach similar to the City of Minnetonka’s ordinance: explicitly allowing th ese types of yards within limits, as long as they are well -maintained, but declining to impose a n up -front permitting requirement as certain other cities have done. Commissioners went through the Minnetonka ordinance and gave staff the changes they wanted to make to suit Falcon Heights. From this work, the city attorney created a draft which is submitted now to the City Council , and amendment to Chapter 54 Vegetation . The proposed ordinance also removes parts of the nuisance and blight ordinance in Chapter 22 that would now be covered by the new sections in Chapter 54. Environment Commissioners acknowledge that some public education will have to be undertaken by the city if this ordinance is adopted. Budget Impact Unknown Meeting Date May 9 , 2012 Agenda Item G2 Policy Title Ordinance amending the Falcon Heights code to regulate natural landscaping . Submitted By Deborah Jones, Staff Liaison to the Environment Commission Att achment(s) • Draft Ordinance 12 -04 regulating prairie gardens and other natural landscaping. • City of Minnetonka original ordinance used as a model by the Environment Commission. • For comparison, native plant ordinance from the City of Golden Valley , which do es require permitting for this type of landscaping. • “Establishing and Maintaining a Prairie Garden” from the University of Minnesota Extension Service, provided for background information. Action(s) Requested • Approve Ordinance 1 2 -0 4 163830v01 RNK:04/17/2012 1 ORDINANCE NO. 12 -04 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER S 22 AND 54 OF THE CITY CODE CONCERNING VEGETATION THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1. Chapter 54 of the Falcon Heights City Code is amended by adding Section 54 -41 to provide as follows: Sec. 54 -41. Vegetation Maintenance. (1 ) Intent and Purpose. The city council finds that there are a variety of landscapes in the city that add diversity and richness to the quality of life. Certai n areas in the city have been left, or allowed to go, unmaintained. These have been accepted by the vast majority of the city residents as appropriate and as part of the unique quality of life in this community. There are community expectations, however, that once an area has been disturbed, landscaped, or otherwise maintained, that area will continue to be maintained in a consistent manner. When vegetation in that area is not continually maintained, it becomes aesthetically unpleasing and violates commu nity standards. Property that appears neglected may decrease the value of adjacent properties. In addition, if vegetation is not properly maintained, there may be the following adverse impacts on public health, safety, and welfare: a. undesirable veget ation such as common buckthorn, quackgrass, and other weeds may invade and threaten to supplant other more desirable vegetation; b. vegetation that causes allergic reactions, such as ragweed, may develop; and c. tall vegetation along driveways and publ ic roads may impair visibility when entering or exiting public roads. The city council also finds that it is in the public interest to allow citizens to choose the type of landscaping on their properties and to make changes in that vegetation. As a prote ction for the larger community, however, this change in vegetation must be properly managed and maintained and the length of the transition period must be minimized. 163830v01 RNK:04/17/2012 2 The council finds that the establishment of prairie and meadow plant communities is an a cceptable landscape treatment in the city. This requires special consideration, however, because weeds will grow during the first few years of transition before the new vegetation predominates and will appear like neglect. Therefore, the council finds th at this type of vegetation is acceptable if it is properly maintained to shorten the transition period and if notice is given of the intended result. In contrast, the transition to trees and other woody species does not require special consideration becau se untended grass or weeds are not a necessary part of that transition period. Rather, the transition period is shortened by eliminating competition around the seedlings through such techniques as organic mulch. The city council enacts this section to ba lance the public interest in a variety of vegetation with the public need to ensure proper maintenance of that vegetation. The council finds that establishing a height limitation for certain vegetation is in the best interest of the public health, safety, and welfare as outlined above and is a reasonable maintenance standard. (2 ) Definitions. For purposes of this section the following words have the meanings specified below. a. “Meadow vegetation” is grasses and flowering broad -leaf plants that are nat ive to, or adapted to, the state of Minnesota, and that are commonly found in meadow and prairie plant communities, except weeds. b. “Noxious weeds” are those plants so designated by the state of Minnesota under Minn. Stat. § 18.171, subd. 5. c. “Regul arly cut” means mowing or otherwise cutting the vegetation so that it does not exceed 6 inches in height. d. “Turf grasses” are grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue and rye grass blends, and non -woody vegetation in terspersed with them. e. “Weeds” include all noxious weeds, buffalobur, burdock, common cocklebur, jim sonweed, quackgrass, common and giant ragweed, and velvetleaf. Weeds also include anything that is horticulturally out of place. For example, a tree s eedling is a weed in a vegetable garden. A property owner may establish that a plant or plants are not horticulturally out of place by providing a written landscape plan to the City for the area in question, complete with a listing and locations of plant species. The plants specifically listed above may not be included within the landscape plan. Vegetation that does not comply with this plan are weeds. (3 ) Maintenance standard. The maintenance standard in this section applies to property that has been developed with a building as defined in the building code, 163830v01 RNK:04/17/2012 3 including vacant property combined with developed property for tax purposes, and a parcel of property that has been completely or partially disturbed by demolition, grading or other means in prepa ration for development or redevelopment. a. All turf grasses and weeds must not exceed a height of 6 inches, measured from the base at ground level to the tip of each stalk, stem, blade, or leaf. b. This requirement does not apply to the following: (1 ) a wetland or floodplain designated in the zoning ordinance and wetland buffers voluntarily created by a private land owner when compatible with the character of the neighborhood ; (2) a drainage pond or ditch that stores or conveys stormwater; (3 ) an area in which the land and vegetation appears not to have been graded, landscaped, mowed, or otherwise disturbed by human or mechanical means at any time. Determination of what constitutes this type of area will be based on a reasonable judgment of the p resent appearance of the area. The recent history of the area may be relevant to this determination; and (4 ) an area established with meadow vegetation if: (a) the prior vegetation is eliminated and the meadow vegetation is planted through transplant ing or seed by human or mechanical means; (b) the area is cut at least once per year to a height of no more than 6 inches ; (c) a sign is posted on the property in a location likely to be seen by the public, advising that a meadow or prairie is being es tablished. This sign is required only if the meadow vegetation is in an area likely to be seen by the public. This sign must be in addition to any sign permitted by the sign ordinance but must be no smaller than ten inches square, no larger than one squa re foot, and no higher than three feet tall ; and (d) the area is set back a minimum of 10 feet from the street curb. (4) Declaration of public nuisance. The following are public nuisances subject to abatement under this chapter: a. noxious weeds ; and b. vegetation that does not meet the maintenance standard specified in paragraph 3 above . 163830v01 RNK:04/17/2012 4 SECTION 2. Subs ection 22 -19, Subdivision 4 of the Falcon Heights City Code is amended to provide as follows: No owner agent or occupant of any premi ses shall permit upon his or her premises fallen trees, dead trees, tree limbs or items which are a fire hazard or otherwise detrimental to the health or appearance of the neighborhood. SECTION 3 . Effective Date . This ordinance shall take effect from and after its passage. ADOPTED this ______ day of _______________, 2012, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ______________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Bart Fischer , City Administrator/Clerk Minnetonka Code of Ordinances 845.030. Special Provision s -Lawn Maintenance.1. Preamble. The city council finds that there are a variety of la ndscapes in the city that add diversity and a richness to the quality of life. Certain ar eas in the city have been left, or allowed to go,unmaintained. These have been accep ted by the vast majority of the ci ty residents as appropriate and as p art of the unique quality of life in this community. There ar e community expecta tions, however, that once an area has been disturbed, la ndscaped, or otherwise maintained, that area will continue to be maintained in a consistent manner. When vegetation in that area is not continually maintained, it b ecomes aesthetically unpleasing and violates community standards. Property that appears neglecte d may decrease the value of adjacent properties. In addition, if vege tation is not properly maintained,there may be the following adverse impa cts on public health, safety, and welfare: a. undesirable vege tation such as common buckthorn, quackgr ass, and other weeds may invade an d threaten to supplant other more desirable vegetation; b. vegetation that causes allergic reactions, such as ragweed, may develop; and c. tall vegetation along driveways and public roads may impair visibility when entering or exiting p ublic roads. The city council also finds that it is in th e public interest to allow ci tizens to choose the type o f landscaping on their properties and to make changes in that vegetation. As a protection for the large r community, however, this change in vegetation must be properly managed and maintained and the length of the transition period must be minimized. The council finds that the establishment of prairie and meadow plant communities is an acceptable landscape treatment in the city. This requires sp ecial consideration, however , because weeds will grow during the first few years of tran sition before the new vegetation pr edominates and will appear like neglect. Therefore, the council finds that this type of vegetation is a cceptable if it is properly maintaine d to shorten the transition period and if notice is given of the intended result. In contrast, the transiti on to trees and other woody species doe s not require special consideration b ecause untended grass or weeds are not a necessary part of that transi tion period. Rather, the transition p eriod is shortened by eliminating competition around the seedlings th rough such techniques as organic mulch. The city council enac ts this ordinance to balan ce the public interest in a va riety of vegetation with the p ublic need to ensure proper mainte nance of that vegetation. The counc il finds that establishing a height limitation for certain vegeta tion is in the best interest of the publ ic health, safety, a nd welfare as outline d above and is a reasonable maintenance standard.2. Definitions. For purposes of this section the following words have the meanings specified below. a. “Meadow vegetation”is grasses and flowering broa d-leaf plants that are na tive to, or adapted to, the state of Minnesota, and that are commonly found in meadow and prairie plant communities, except weeds. b. “Noxious weeds”are those p lants so desi g nated b y the state of Minnesota under Minn. Stat. §Page 1of 3 3 /12 /201 2 htt p ://www.amle g al.com/al p scri p ts/g et-content.as p x 18.171, subd. 5. c. “Regularly cut”means mowing or otherw ise cutting the vegetation so that it does not exceed 10 inches in height. d. “Turf grasses”are grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue and rye grass blends, and non-woody ve getation interspersed with them. e. “Weeds”include all noxious w eeds, buffalobur, burdock, common cocklebur, crabgrass,dandelions, jimsonweed, quackgrass, common and gi ant ragweed, field sandbur, velvetleaf, and wil d sunflower. Weeds also include anyt hing that is horticultural ly out of place. For ex ample, a tree seedling is a weed in a vegetable garden. A property ow ner may establish that a plant or plants are not horticulturally out of place by pr oviding a written landscape plan for the area in question, complete with a listing and locations of plant sp ecies. The plants specifically lis ted above may not be included within the landscape plan. Vegetation that does not comply with th is plan are weeds.3. Maintenance standard. The maintenance standa rd in this section applie s to property that has been developed with a building as defi ned in the building c ode, including vacant pr operty combined with developed property for tax purposes, and a parcel of property that has been completely or partially disturbed by demolition, grading or other means in preparation for development or redevelopment. a. All turf grasses and weeds must not exceed a height of 10 inches , measured from the base at ground level to the tip of each stalk, stem, blade, or leaf. b. This requirement does not apply to the following: (1) a wetland or floodplain designa ted in the zoning ordinance an d required wetland buffers o r those voluntarily created by a private land owner when compat ible with the character of the neighborhood and the intent of the wetland ordinance, Section 300.23; (2) a drainage pond or ditch that stores or conveys stormwater; (3) a pasture that is (a) currentl y being used only for the exerci se or feeding of domestic hoofe d animals, (b) physically surrounded by a permanent fe nce that separates the pasture from property use d for other purposes, (c) at least one-half acre in size , and (d) undeveloped with any habitable buildings; (4) an area in which the land a nd vegetation appears not to ha ve been graded, landscaped,mowed, or otherwise disturbed by hum an or mechanical means at a ny time. Determination of what constitutes this type of area will be based on a reasonable judgment of the present appearance of the area. The recent history of the area may be relevant to this determination; and (5) an area established with m eadow vegetation if: (a) the prior vegetation is eliminated and the meadow vegetation is planted through transplanting or seed by human or mechanical means; (b) the area is cut at least once per year to a height of no more than 10 inches, if weeds cove r more than 25 percent of the area; and (c) a sign is posted on the pr operty in a location likely to be seen by the public, advising that Page 2of 3 3 /12 /201 2 htt p ://www.amle g al.com/al p scri p ts/g et-content.as p x a meadow or prairie is being esta blished. This sign is required only if the meadow vegetation is in an area likely to be seen by the publ ic. This sign must be in additi on to any sign perm itted by the sign ordinance but must be no smaller th an ten inches square, no larger than one square foot, and no highe r than three feet tall. The sign is no longer require d when weeds cover 25 percent or less of the area.4. Declaration of public nuisance. The follow ing are public nuisances subj ect to abatement under this chapter: a. noxious weeds; b. vegetation that does not meet the ma intenance standard specifie d in paragraph 3 above; and c. vegetation that violates the sight -distance standards in sect ion 300.15, subd. 9(e) and section 300.28, subd. 20 of this code.(Amended by Ord. #99-28, adopted November 8, 1999)Disclaimer:This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopte d by the Municipality. American Legal Publishing Corpor ation provides these documents for inform ational purposes only. These documents s hould not be relied upon as the definitive authority fo r local legislation. Additionally, the fo rmatting and pagination of the posted doc uments varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site , please contact the Municipality directly or contact Amer ican Legal Publishing toll-free at 800-445-5588.© 2011 American Legal Publishing Corporation techsupport@amlegal.com 1.800.445.5588 .Page 3of 3 3 /12 /201 2 htt p ://www.amle g al.com/al p scri p ts/g et-content.as p x S 10.51 Section 10.51: Lawn Maintenance Subdivision 1. Purpose The purpose of this Section is to establish minimum standards for lawn maintenance while recognizing that a variety of landscapes within a community adds diversity and richness to the quality of life for all residents. Turf grass lawns continue to be recognized as the dominant feature in the landscape; however,alternatives to this traditional type of lawn are recognized as important parts of a diverse and successful landscape.Subdivision 2. Definitions A. Maintenance Plan: A document submitted with an application for a Native Vegetation Permit demonstrating a precise course of maintenance for numerous individual plants in a landscape over months and seasons.B. Native Vegetation: Those indigenous trees, shrubs, wildflowers, grasses and other plants that have naturally adapted themselves to the climate and soils of the area but require cultivation and maintenance to remain viable.C. Native Vegetation Permit: A permit issued by the City pursuant to this Section allowing an owner or occupant to cultivate Native Vegetation upon his/her property, subject to the restrictions of this Section. A Native Vegetation Permit exempts an owner or occupant from Subdivision 3(C) of this Section.D. Natural Habitat: Specially uncultivated valued and sensitive habitat whereupon native vegetation exists in a pristine state and provides habitat for a variety of species native to the area. Such vegetation shall maintain itself in a stable condition with minimal human intervention.E. Noxious Weeds: An annual, biennial, or perennial plant designated by the MN Commissioner of Agriculture or the Council as injurious to public health,the environment, public roads, crops, livestock, or other property.F. Rank Vegetation: Uncultivated vegetation growing at a rapid rate due to unplanned, unintentional, or accidental circumstances.G. Turf Grass: Cultivated vegetation consisting of a highly maintained surface of dense grass underlain by a thick root system.H. Weeds: Unsuitable, unwanted, or uncultivated vegetation, often causing injury to the desired vegetation type.Golden Valley City Code Page 1 of4 9 10.51 Subdivision 3. General Requirements A. All lot areas not designated for buildings, pedestrian or vehicle, parking,recreation, and storage shall be provided with Turf Grass, Native Vegetation,or combined ground cover of cultivated vegetation, garden, hedges, trees,and shrubbery.B. No owner or occupant of any lot shall allow to grow any Noxious Weeds on any part or portion of said lot as designated by Minn. Stat. Sec. 18.78.C. No owner or occupant shall allow any Turf Grass, Weeds, Native Vegetation or Rank Vegetation to grow to a height greater than eight (8) inches on a majority of any lot or parcel of land.Subdivision 4. Exemptions A. Vacant Land. The owner of vacant and unoccupied land consisting of a contiguous tract of one (1) acre or more is exempt from Subdivision 3(C) of this Section, provided that Weeds, Turf Grass, Native Vegetation, and Rank Vegetation thereon are cut twice annually. The first cutting shall not be later than June 1, and the second cutting shall be made between July 15 and September 15.B. Natural Habitat.1. All private lands designated by the Council as Natural Habitat shall be exempt from Subdivision 3(C) of this Section.2. All public lands designated in the City's Comprehensive Plan as Natural Habitat shall be exempt from Subdivision 3(C) of this Section.C. Native Vegetation.1. Native Vegetation Permit. Upon satisfaction and completion of all the requirements of this Section, the City Manager or designee shall approve all applications for a Native Vegetation Permit and issue such permit. A Native Vegetation Permit shall grant any property owner or occupant so interested the ability to cultivate Native Vegetation on his/her property and exempt the owner and occupant from the requirements of Subdivision 3(C) of this Section. A Native Vegetation Permit shall be valid for five (5)years from the date of approval. The City Manager or designee shall approve no Native Vegetation Permit for any owner or occupant having unresolved City code violations or administrative citations.2. Application. The Application for a Native Vegetation Permit and Renewal Application, which shall be provided by the City Manager or designee shall contain the following:Golden Valley City Code Page 2 of 4 S 10.51 a. Statement of intent and purpose in cultivating Native Vegetation;b. Site plan showing lot lines, buildings, location of proposed Native Vegetation, the property's legal description, corner visibility requirements as defined by Section 7.04 of City Code, and right-of-way requirements as defined by Section 7.05 of City Code.c. Latin and common names of the species the property owner or occupant plans to cultivate;d. Maintenance requirements for said species;e. Name and address of a Professional Landscaping Company which has been hired to perform maintenance on the Native Vegetation; or the name, address, and qualifications of the person(s) who will be responsible for maintenance of the Native Vegetation.f. A Maintenance Plan, which shall contain the following:1.) Planting diagram showing the location and mature height of all specimens of Native Vegetation; and 2.) Detailed information on the upkeep of each specimen; and 3.) Details of any long-term maintenance required for the Native Vegetation.3. Revocation. The City Manager or designee may regularly inspect any property holding a Native Vegetation Permit for compliance with the Maintenance Plan on file with the City for the property. For any property out of compliance with the Maintenance Plan, the City Manager or designee shall give notice to the holder of the Native Vegetation Permit by US Mail stating that the property must be in compliance with the Maintenance Plan within thirty (30) days. Should that period pass without action by the holder of the Native Vegetation Permit, the City Manager or designee shall:a. Revoke the Native Vegetation Permit;b. Remove all improperly maintained Native Vegetation;c. Declare the property ineligible for a Native Vegetation Permit, unless sold, for a period of two (2) years; and d. Assess the property for all fees associated with inspection of the property and any removal of improperly maintained Native Vegetation in accordance with Subdivision 5 of this Section.Golden Valley City Code Page 3 of 4 9 10.51 Subdivision S. Violations A. On or before May 1 of each yearr the Clerk shall publish once in the official newspaper a notice directing owners and occupants of property within the City to remove all Turf Grassr Weedsr Noxious Weedsr Rank Vegetationr and Native Vegetation not covered by a Native Vegetation Permit exceeding eight 8) inches in height. Said notice shall state that if such vegetation is not removed within ten (10) days after publication of said noticer it may be removed by the Weed Inspector or his/her designee at the expense of the property owner which may be assessed against the property in accordance with Minn. Stat. Sec. 429.101.Source: Ordinance No. 324, 2nd Series Effective Date: 3-25-05 B. The Weed Inspector or his/her designee shallr seven (7) days prior to removing any Turf Grassr Weedsr Noxious Weedsr Rank Vegetationr or and Native Vegetation not covered by a Native Vegetation Permit send by U.S.Mail a letter notifying the property owner of the upcoming removal and stating that unless such is removed in accordance with this Sectionr such shall be removed and the costs of removal shall be assessed against the property in accordance with Minn. Stat. Sect. 429.101. Notwithstanding the foregoingr any failure of the Weed Inspector or his/her designee to send such a letter or for such a letter to be received by the property owner shall not make notice ineffective. For properties for which there have been two (2) or more notices issued within the prior twelve (12) month periodr a mailed notice is not required. For those propertiesr the second notice issued within a twelve (12) month period shall contain a general notice that the City may abate future violations without providing additional specific notice of violation.Source: Ordinance No. 407, 2nd Series Effective Date: 8-29-08 C. Property owners shall be notified by U.S. Mail immediately thereafter of any work performed and all administrative and removal work costs involved and that such will be assessed against the property. The Weed Inspector or his/her designee shall keep a record of all properties whereupon removal was necessary and the number of times it was necessarYr andr by October 1 of each yearr he/she shall give copies of such records to the Clerk to file as special assessments against each said property which shall become liens on such lots or lands. This shall be an additional remedy and not in lieu of any other penalty provided for in City Code or state law.Source: Ordinance No. 324, 2nd Series Effective Date: 3-25-05 Golden Valley City Code Page 4 of 4 Establishing and Maintaining a Prairie Garden John F. Kyhl, graduate student, Entomology Mary H. Meyer, assistant professor, Horticulture Vera A. Krischik, assistant professor, Entomology ©1998 Regents of the University of Minnesota. All rights reserved. NOTE: Figures only available in printed publication. Introduction Over the last 150 years more than 99% of the midwestern tallgrass prairies were converted to homesteads, agricultural fields , cities, and highways. In recent years, however, interest in prairies ha s soared, since people realized the beauty of native grasses and wildflowers. Much of the charm and appeal of prairies comes fr om wildflowers, such as coneflowers, prairie phlox, false indigo, and orchids. The great beauty of prairie wildflowers and grasses has prompted many pe ople to create prairie gardens in their landscapes. People find prairie ga rdens attractive, as do many t ypes of birds, butterflies, and other native wildlife. Over the years, prairie gardens may take less time and expense to maintain than conventional lawns, since th ey reduce the use of pe sticides, fertilizers, and mowing. Even though prairies aren't nativ e to all regions, they can be cr eated in most areas. Prairie management includes removal of weeds and vol unteer woody plants that compete with prairie plants for water, light, and space. Contents:  What is a prairie?  Planting a prairie garden o Site selection o Site preparation o Plant selection o Seeds vs. plants o Planting dates  Prairie maintenance  For further information  Sources of seeds, plants, and information for prairie plantings  Table 1: Prairie Wildflowers and Grasses Planting a prairie garden 1. Site selection: Prairie plants grow best in full sun and in open spaces. When selecting a site, look for areas with the maximum sun exposure with minimal root competition from trees. Ash, basswood, and maple trees provide more competit ion for prairie plants because they have many surface roots which compete for water an d nutrients. Prairie plants often are more compatible with bur or white oak. Knowing your soil type and surface drainage is quite important when selecting plants for your prairie. Native prairie soils vary great ly in composition, from dry, gravelly, sandy soils which hold little moisture to silty or h eavy clay soils that can hold excessive water. Standing water on a site or wate r that does not drain from a 1' deep hole within 24 hours are indicators of wet and poorly drained soils . Knowing the soil draina ge of your site is really more critical than taki ng a soil test which is typica lly done in planting a garden. Although you may have a soil test done, (soil test information is available from your county extension agent or from the Univ ersity of Minnesota soil testing labs *) it is not critical in establishing a su ccessful prairie garden. Unde rstanding the drainage and sun/shade exposure of your site is essential for selecting plants that thrive in your location. Determine if there are weed ordinances in your city. These ordinan ces were originally designed to keep yards more attractive and to control the spread of noxious weeds by keeping lawns cut to a certain height. Ordinances vary from one city to another, so call your city government to find out the sp ecifics on the weed ordinances in your community. Consider using some "elements of care" such as mowed eDGes, signs, bird houses, eDGing fences, etc., near your prairie to show the area is meant to be there. Also, prairies can be fire hazards during dry weather. Leave at least 20 feet of conventional lawn or noncombustible surface between the prairie and buildings or any other combustible items. 2. Site preparation: The first step in preparing the site for a pr airie garden is removing all existing vegetation. If you try to scatter seeds or put young plan ts into existing vegetation, you will have a very low likelihood of success. Maximize your success by reducing the existing plant competition. There are three commonly used procedures to establish a prairie in an existing lawn or area of other vegetation. The first method is to put a dark plastic sheet , tarp, or pieces of plywood over the grass for at least two months before you begin planting. This kills the grass, making it much easier to remove, although tough perennial weeds, such as thistles and quackgrass can survive. Once the vegeta tion is dead, till the area thoroughly. This method often works best when begun in the summer or fall to prepare for a spring planting. The second procedure is to turn the soil a nd cultivate the area every few weeks for a complete growing season. Turning the soil brings weed seeds to the surface, and cultivating kills the seeds that have germinat ed since the soil was last turned. Over time, many of the weed seeds present in the soil wi ll germinate and die. If possible, till to a depth of 12" or more and rake the ar ea to create a uniform fine seedbed. A third method, and probably the most comm on method of establishm ent, involves using a nonselective herbicide containing the active ingredient glyphosate, such as Round Up® or Kleenup®,to kill all existi ng vegetation. As with all herbic ides, be sure to read and follow all label directions. When the vegetati on has died in about two weeks, till to a depth of 12" or more. If a slit seeder will be used, tilling may be eliminated and the now dead vegetation can be mowed to a 1"- 2" st ubble. This dead mat of roots and sod may actually act as a mulch and pr event excessive weed growth. 3. Plant selection: Always select plants with the characteristic s of your particular site in mind, because plants vary in their tolerance of light and moisture. Include grasses because they provide physical support, weed competition, protection for wildflowers, and a source of food and shelter for birds during the winter. Prairies typically consist of 60% - 80% grasses. A brief list of common prairie plants can be found in Table 1 , For a more complete list see Minnesota Extension Service publication Plants in Prairie Communities (FO-3238). 4. Seeds vs. plants: You can start a prairie from seeds or plants; each has its own benefits. Starting from seed is more economical, but it will take two to five years for the plants to reach full size. Plants are more expensive, but establish qui ckly and may flower the first year. Also, some species are available only as live plan ts. You can control placement of plants, and they can easily be planted anytime from sp ring through fall. "Prairie-in-a-can" mixes are available from a wide variety of sources, but often contain margin ally hardy perennial and annual species that don't return in subse quent years. Better results may be achieved by using seed mixes created for your area by local seed dealers. Be sure that any seeds you purchase are packaged for th e year that you will sow them. 5. Planting dates: The best time to direct sow seeds outdoors is after frost and before the heat of summer. For example, in central Minnesota this is between May 20th and June 20th, although seeds can be sown as soon as the soil can be worked. Dormant seeding in the fall, between mid-October and freezing, is another option. Even seed distribution and good seed-to-soil contact are vital for successful seed germination. Broadcast seed by hand or use a spreader. For small seeds, mix with a bulking agent such as clean sand or dry sawdus t for a more uniform seeding. Seed slowly and make passes from two different directions to cover the area comp letely. Flower seed can be concentrated in high-priority areas or spread evenly throughout the site. Many seeds are very small and should be spread thin ly to achieve the best results. Seeding rates vary due to seed size and germination. As a general rule, use 1/2 l b. of grass seed per 1000 square feet, and 2 ounces of wildflower seed per 1000 square feet. ore specific instructions on seeding rate s can be obtained from the information provided when purchasing seeds. Watering after seeding improves germination, but is not essential. Covering with a thin mulch of clean, weed-free st raw prevents drying out, re duces exposure to wind and animals, and is important in preventing erosi on on slopes. Grouping se veral plants of the same species together can make a showy di splay and can increase pollination and seed set. Prairie Maintenance Your biggest task in the first fe w years of a prairie planting is weed control . Weeding, burning, and mowing are the most effective ways to control weeds. In small areas, removing and cutting back weeds are the most efficient methods. The most challenging aspect of these tasks is di stinguishing between prai rie plants and weeds. If you aren't sure what a seedling is, wait a week and look again, but be sure to remove the suspected weeds before they flower a nd set seed. See references for obtaining the slide set, Prairie Seeds and Seed ling Identification (EP-6725). The best way to manage a large prairie is through the use of controlled burns. Fire promotes plant growth by keeping down competition from trees and weeds, and by recycling nutrients. Burning is not practical or possible in all situations, as in small lots or within the city limits. Check with your local fire department to see if burning is allowed, and to get the required permits. Burning in Ap ril or early May is most advantageous to warm-season prairie plants, because it reduces competition with weeds and the soil heats up more quickly. Most prairi es have only portions burned yearly in a cycle where complete burning takes several years. Th is partial burning fo sters survival of overwintering insects that are lying dormant in th e form of eggs or cocoons. It also leaves food and shelter for birds. Though burning is qu ite effective, it is not recommended until at least the third year after planting. Mowing and removing clippings is a good subst itute for burning, particularly on smaller sites. If you start a prairie from seed, mowi ng is recommended during the first year to control weeds which grow more quickly than prairie plants. For the first few years, set the mower high (4" to 8") to avoid cutting desi rable prairie plants. After 4 or 5 years, mowing once a year after the seeds have fallen, or preferably, in the early spring. Remove clippings to expose crowns for regrowth. Prairie usually needs no herbicides, insecticid es, or fertilizers. De nse prairie vegetation will discourage invading weeds although perenn ial grasses from adjacent turf can invade along the edges of the planting. The wildflowers will provide food for beneficial insects which will aid in controlling pest insect populations. For additional help in establishing and maintaining your prairie, c onsult the references below as well as private landscaping compan ies and, in some midwestern states, the Department of Transportation. For your own en joyment, take photos from of same spot, on the same dates, several times a year, for several years. This will show you how far your prairie garden has progressed. Note how it changes through the year, including new and different creatures that your garden has at tracted. Don't be surprised to see butterflies and native birds like goldfinches. Enjoy the bene fits of restoring part of the landscape to what it was not so long ago. For further information Art, H. 1991. The Wildflower Gardener's Guide: Midwest, Great Plains, and Canadian prairies edition . Garden Way Publishing: Stor y Communications, Pownal, Vt. Bohnen, J., and A. Hanchek. 1996. Prairie Seeds and Seed ling Identification . MES Slide Set, University of Minnesota, St. Paul, Minn. Daniels, S. 1995. The Wild Lawn Handbook: alterna tives to the traditional lawn . MacMillan Co., N.Y. Henderson, C.L. 1987. Landscaping for Wildlife . Minnesota Department of Natural Resources. St. Paul, Minn. Madson, J., and F. Oberle. 1993. Tallgrass Prairie . Falcon Press Publishing Company, Inc. Helena, Mont. Moyle J., and E. Moyle. 1977. Northern Wildflowers, a guide to the Minnesota Region . University of Minnesota Press. Minneapolis, Minn. Peterson, R. T., and M. McKenny. 1968. A Field Guide to Wildflowers , Northeastern/North Central North America. Houghton Mifflin Company, Boston, Mass. Robison, R., D. B.White and M. H. Meyer. 1995. Plants in Prairie Communities . FO-3238. Minnesota Extension Service, Univ ersity of Minnesota, St. Paul, Minn. Rock, H. 1971. Prairie Propagation Handbook . Wehr Nature Center, 5879 S. 92nd, St. Hales Corners, Wis. Runkel, S. T., and D. M. Roosa. 1989. Wildflowers of the Tallgrass Prairie . Iowa State University. Ames, Ia. Shirley, S. 1994. Restoring the Tallgrass Prairie; an illustrated manual for Iowa and the Upper Midwest . University of Iowa Press, Iowa City, Ia. Smith, J. R., and B. Smith. 1980. The Prairie Garden: 70 Native Plants You Can Grow in Town or Country . The University of Wisconsin Press, Madison, Wis. Smith, W. 1993. Orchids of Minnesota . Department of Natural Resources. St. Paul, Minn. Van Breuggen, T. 1992. Wildflowers, grasses, and other pl ants of the Northern Plains and Black Hills , 4th edition. Fenske Printing Company, Rapid City, S. Dak. Vance, F. R., J. L. Jowsey, and J. S. McLean. 1984. Wildflowers of the Northern Great Plains . University of Minnesota Press, St. Paul, Minn. Weaver, J. E. 1954. The North American Prairie . Johnsen Publishing Company, Lincoln, Neb. Wilson, J. 1992. Landscaping with Wildflowers . Houghton Mifflin Co., N.Y. Table 1. Prarie wildflowers and grasses. Name flower color flowering date height wild lupine (Lupinus perennis ) blue May - June 1-2' purple coneflower (Echinacea purpurea ) purple June - Sept. 2-4' meadow blazing star (Liatris pycnostachya ) purple Aug. - Sept. 2-4' prairie phlox (Phlox pilosa ) pink/purple May - July 1-3' blue false indigo (Baptisia australis ) tralis) blue June - July 2-5' butterfly weed (Asclepias tuberosa ) orange-red July - Aug. 1-2' black-eyed Susan (Rudbeckia hirta ) yellow July - Aug. 2-3' grey-headed coneflower (Ratibida pinnata ) yellow July - Sept. 3-6' large-flowered beardtongue (Penstemon grandiflorus ) pink/purple May - June 2-3' hoary puccoon (Lithospermum canescens ) orange May - June 1-2' big bluestem (Andropogon gerardii ) bronze; bluish stems Aug. - Sept. 3-8' little bluestem (Schizachyrium scoparium ) white; bluish stems Aug. - Sept. 2-4' sideoats grama (Bouteloua curtipendula ) orange-purple July - Sept. 1-3' Indian grass (Sorghastrum nutans ) golden-brown Aug. - Sept. 3-6' * Contact the University of Minnesota soil testing labs by phone at 612-625-3101, or by mail at 1529 Gortner Avenue, St. Paul, MN 55108.