HomeMy WebLinkAboutCCAgen_23 May 12CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA May 23 , 2012 A. CALL TO ORDER: B. ROLL CALL: LI NDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER -TAYLOR ____ FISCHER ____ C . PRESENTATIONS : 1. Commissioner Appreciation Recognition 2. Beyond the Yellow Ribbon Presentation D . A P PROVAL OF MINUTES: May 9 , 2012 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 5 /16 /2012: $207,092.01 Payroll through 5/15 /2012: $14,739.01 2. Acceptance of 2010 to 2014 Community Forest Bonding Grant 3. Approval of Pay Estimate # 1 on Roof Replacement G: POLICY ITEMS : 1. Ordinance adopting the International Property Maint enance Code H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT:
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 _X_ HARRIS _X _ GOSLINE _ab _ LONG _X_ MERCER -TAYLOR _X _ FISCHER _X _ 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 AGENDA: Chuck Long Moved Approved 4 -0 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 Resoluti on G: POLICY ITEMS : 1. Front Poarch Ordinance Pam Harris Moved Approved 4 -0 2. Prairie Grass Ordinance Tabled H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: 8:18pm
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item General Disbursements and Payroll Description Ge neral Disbursements through 5/16 /2012: $207,092.01 P ayroll through 5 /15 /2012: $14,739.01 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 23 , 201 2 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Acceptance of the DNR “2010 to 2014 Community Forest Bonding Grant.” Description At the February 8, 2012, City Council mee ting, Council approved submittal for a MNDNR “2010 to 2014 Community Forest Bonding Grant.” Subsequently, staff did apply for the grant and was recently notified by the DNR that they have funded the City’s grant request in the amount of $95,000. Staff is requesting that the City Council accept the grant and authorize the Mayor and City Administrator to execute all paperwork relating to the grant agreement. Budget Impact The city has on an annual basis budgeted dollars for tree removal and re -planting. T hese grant funds will continue to allow for the City to leverage these budgeted dollars toward an aggressive EAB Removal/Re -Planting Program. Att achment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council accept the “2010 to 2014 Community Forest Bonding Grant” from the MNDNR and authorize the Mayor and City Administrator to execute all documents associated with the grant and grant agreement. Meeting Date May 23 , 2012 Agenda Item Consent F2 Attachment N/A Submitted By Bart Fischer , City Administrator
REQUEST FOR COUNCIL ACTION Families, Fie lds and Fair Item Approval of Pay Estimate # 1 on Roof Replacement Description Central Roofing , 4550 Main St NE, Minneapolis, MN 55421 was awar ded the bid for the roof replacement and are almost completed with their work. Before they could complete the roof replacement, structural issues in the Southwest corner of the building were discovered and need to be addressed before the roof can be compl eted. The City is in the process of obtaining a structural engineering firm to access and recommend a fix to the problem. There is approximately a 10’ by 10’ section of the roof which is unable to be completed at this time. Roof Spec Inc., the city’s en gineering firm for this project, has recommended a partial pay estimate be made to Central Roofing for their work completed at this time. Staff recommends a partial payment of $134,514 as recommended by Roof Spec Inc. be made to Central Roofing for their work completed to date. The city is retaining 10% of the contract bid price. Budget Impact Partial payment is within the budgeted amount. Att achment(s) Action(s) Requested Staff recommends that Central Roofing be paid a partial pay of $134,514 as recommended by the City’s engineering firm Roof Spec Inc. Meeting Date May 23, 2012 Agenda Item Consent F 3 Attachment Submitted By Bar t Fischer, City Administrator
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Description To address a need for stronger and more specific enfor cement 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 City C ode. Tabled from April 25, 2012. Background On April 25, 2012, the City Council tabled this matter in order to further examine specific provisions of the Internationl Property Maintenance Code . Council Members had raised concerns that some measures in th e code and/or amendments in the proposed ordinance that apply to all dwellings (a) might be better applied to rentals only, (b) might not be appropriate for Falcon Heights at all. The Council met in workshop prior to the regular Council meeting on May 9, 2 012, to further discuss the concerns raised on April 24. Council members gave direction to staff asking for revisions to the draft ordinance. The City Attorney has provid ed a new draft, attached. The sections the Council wished to delete entirely related to window area and room size have been added to Section 105.59 Deletions. Staff would like to point out especially language added to Section 103.2 of the IPMC that gives the City discretion in responding to complaints and prioritizing compliance initiative s and enforcement. The city atto rney recommends retaining measures that would be necessary and useful in cases where abatement or demolition might be called for on an owner -occupied property and where the City would need to seek an order for such action . In his experience, most of these cases have been owner -occupied properties, not rentals. 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) Revised d raf t Ordinance 12 -0 4 adopting the IPMC Action(s) Requested Approve Ordinance 1 2 -0 4 Meeting Date May 23, 2012 Agenda Item G1 Policy Title Ordinance adopting the International Property Maintenance Code Submitted By Deborah Jones, Director of Zoning and Planning
163126v0 2 1 RNK:03/09/2012 1 ORDINANCE NO. 12 -04 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 105 OF THE FALCON HEIGHTS CITY CODE CONCERNING PROPERTY MAINTENANCE THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1 . Chapter 105, Article III of the Falcon Heights City Code is amended in its entirety to read as follows: Article III - Property Maintenance Section 105 .56 General Requirements. The requirements of this article apply to all buildings, stru ctures and property within the C ity. All bui ldings and portions of buildings, including mechanical, electrical, plumbing and other building systems, previously constructed or installed in accordance with city and state codes must be maintained in conformance with the requirements of the codes in eff ect at the time of construction or installation. Section 105 .57 Purpose. The purpose of this Article is to protect, preserve, and promote the physical and mental health of the people, investigate and control communicable diseases, regulate privately and p ublicly owned dwellings for the purpose of sanitation and public health, and protect the safety of the people and promote the general welfare by legislation which shall be applicable to all dwellings now in existence or constructed in the future and which (i) establishes minimum standards for basic equipment and facilities for light, ventilation and heating, for safety from fire, for the use and location, and amount of space for human occupancy, and for safe and sanitary maintenance; (ii) determines the res ponsibilities of owners, operators and occupants of dwellings; and (iii) provides for the administration and enforcement of this Article . Section 105.58 International Property Maintenance Code Adopted. The International Property Maintenance Code, 2012 Edi tion, is hereby adopted by reference and incorporated herein, subject to the amendments set forth in this Article . Section 105 .59 Deletions . The following sections of the International Property Maintenance Code are deleted: 302.4, 302.8, 303, 307, 402.1, 404.4.1, 404.5, 503.4, Chapter 8 all sections.
163126v0 2 1 RNK:03/09/2012 2 Section 105.60 Amendments. The following sections of the International Property Maintenance Code are amended to read as follows: Section 101.1 Title. These regulations shall be known as the Property Maint enance Code of the City of Falcon Heights hereinafter referred to as “this Code.” Section 102.3 Application of Other Codes. Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and pro visions of the Minnesota State Building Code and Falcon Heights City 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 requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the refe renced standards, the provisions of this Code shall apply unless preempted by or in conflict with the State Building Code. Section 103.2 Appointment. The City Administrator or the City Administrator ’s designated agents shall be the code official responsib le for the administration and enforcement of this Code. Given limited city resources and local community standards, t he City Administrator and other City Code Officials shall have discretion in responding to complaints of violations and prioritizing compli ance initiatives and enforcement actions. Section 103.5 Fees. The fees for activities and services performed by the C ity in carrying out its responsibilities under this Code shall be adopted by Resolution of the City Council . Section 1 06.3 Prosecution o f 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 and the violation shall be deemed a strict liability offense. If the notice of violation is not comp lied 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 unlawful 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 assessment against the property. 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.
163126v0 2 1 RNK:03/09/2012 3 3. Include a statement of the violation or violations and why the notice is being is sued. 4. Include 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. 6. I nclude 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 i s found unlawful, such structure shall be subject 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 of ficial is authorized to post 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 code 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 the real estate upon which the st ructure is located. Section 108.3 Notice. Whenever the code official has det ermined a structure or equipment is unsafe, a structure is unfit for human occupancy or a structure is unlawful under the provisions of this Article , 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 persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the unsafe equipment. The notice shall be in the form prescribed in Section 107.2. Section 108.4 Posting. 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 on the premises or on the defective equipment which shall provide a statement of the penalties for occupying the premises or operating the equipment. 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 by the code official shall be vacated as ordered by the code official. Any person who shall occupy posted premises or shall operate posted equipment, and
163126v0 2 1 RNK:03/09/2012 4 any owner or any person resp onsible for the premises who shall let anyone occupy a posted premises or operate posted 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 f orthwith. Any affected person shall thereafter, upon filing a written notice of appeal with the Clerk, be afforded an appeal/hearing as described in this Code. Section 110.3 Failure to Comply. If the owner of a premise fails to comply with a demolition o rder 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 persons, and the cost thereof assessed to the real estate upon w hich the structure is located. Section 111.1 Application for Appeal. Any person directly aggrieved by a notice 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 vacate 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. 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, c onfirm or modify the corrective action to be taken or the order requiring vacation of the premises and the time allowed for it. Section 111.3 Correction of 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 cost of it specially assessed against the lot or parcel where the violation was located. In suitable ca ses, said statutory remedies and procedure may be used either concurrently with, or separate from, the procedures prescribed in this Code. Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work or der, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilt of a misdemeanor. Section 201.3 Terms Defined in Other Codes. Where terms are not defined in this Code and are defined in the Falcon Heig hts City Code or the Minnesota State Building Code, such terms shall have the meanings ascribed to them as stated in those codes.
163126v0 2 1 RNK:03/09/2012 5 Section 304.14 Insect Screens. Except for owner -occupied residential dwellings, D d uring 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. Section 305.1 General. The i nterior of a rental 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 ow ner 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 an d exterior property. The property owner is ultimately responsible for the whole property. Section 30 6 7 .1 General. 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 other 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 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 o ther walking surface. Exceptions: 1. Guards may be not less than 36 inches (914mm) high where permitted by th e Minnesota Stat Building Code. 2. Guards shall not be required where exempted by the adopted building code. Section 308.4 Multiple Occupancies. The ow ner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is ca used by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. Whenever infestation exists in two or more dwelling units in a dwelling, extermination of the infested areas shall be the responsibility of the owner and operator.
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163126v0 2 1 RNK:03/09/2012 7 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 Building Code shall be pe rmitted. Section 402.3 Other Spaces. All other spaces shall be provided with natural or artificial light to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. Mini mum 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 Minnesot a State Building 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 rooms, bathrooms and toilet rooms based on the winter outdoor design temperature of –15 ○F. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. 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 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 locality, maintenance of the minimum room temperature shall not be req uired provided that the heating system is operating at its full design capacity. The winter outdoor design temperature shall be –15 ○F. Section 602.4 Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat during the period from S eptember 15 to May 15 to maintain a temperature of not less than 65°F (18°C) at a distance 3 feet above floor level during the period the spaces are occupied. Section 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the currently adopted National Electrical Code. Dwelling units shall be served by a three -wire, 120/240 volt, single -phase electrical service having a rating of not less than 60 amperes.
163126v0 2 1 RNK:03/09/2012 8 S ection 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 receptacle. 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 compliance with Minnesota Elevators and Related Devices Code. 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 public inspection in the office of the building operator. The inspection and test s shall be performed at not less than the periodical intervals listed in Minnesota Elevators and Related Devices Code, except where otherwise specified by the authority having jurisdiction. Section 702.1 General. A safe, continuous and unobstructed path o f travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Minnesota State Fire Code. Section 702.2 Aisles. The required width of aisles in accordance with the Minnesota State Fire Code sh all be unobstructed. Section 702.3 Locked D oors. 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 perm itted by the 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. Section 70 4.1 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 Minnesota State Fire Code. Sectio n 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 atti cs. In dwellings or dwelling units with split levels and
163126v0 2 1 RNK:03/09/2012 9 without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full stor y below the upper level. Single or multiple -station smoke alarms shall be installed in other groups in accordance with the Minnesota State Fire Code. SECTION 2 . This ordinance is effective immediately upon its passage and publication. ADOPTED this ______ day of _______________, 2012, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ______________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Bart Fisher, City Administrator/Clerk