HomeMy WebLinkAboutCity Council Workshop Agenda Packet 1-15-2020CITY OF FALCON HEIGHTS
City Council Workshop
City Hall
2077 West Larpenteur Avenue
AGENDA
January 15, 2020
6:30 P.M.
A.CALL TO ORDER:
B. ROLL CALL: ANDREWS ___ GUSTAFSON____ LEEHY___
MIAZGA ___ WEHYEE___
STAFF PRESENT: THONGVANH____ LOR____
C.PRESENTATIONS:
D. POLICY ITEMS:
1.Advertisement for Newsletter
2.Ordinance Amendments
a. Chapter 46 – Traffic and Vehicles
b.Chapter 14 - Businesses
3.Native Landscaping and Forestry
E.INFORMATION/ANNOUNCEMENTS
F.ADJOURNMENT:
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REQUEST FOR CITY COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Policy
Item Advertisement Policy for Newsletter
Description
The City of Falcon Heights is exploring new ways to keep the local community
informed and to promote local businesses. The Fall 2019 newsletter that was
distributed was printed through vendor Rengel Printing. Rengel printing offers
communities to work with local businesses to buy ads in their newsletters.
Rengel printing is based out of Central Minnesota and has worked with many cities
that have their local businesses place ads in their newsletters. Businesses will have
the opportunity to purchase a half or full page advertisement slot. The cost of the
half and full page advertisements will depend on the next newsletters total number
of pages and advertisement slots available.
For example if a 12 page newsletter were to cost $2,000 and there are 4 full page slots
for advertising then that math could be figured out by taking $2,000/4 pages= $500
per page or $250 for a half page ad.
The Spring 2020 newsletter will feature the Parks and Rec summer programming
guide and will have more pages for city content and advertisements.
Staff has created a policy that guides the contents of advertisements. Advertisement
policy would be distributed to all local businesses that are interested in placing their
ads in the city newsletter.
Budget Impact
Attachment(s) • Advertisement Policy
Action(s)
Requested
Staff recommends discussing the attached advertisement policy and moving
forward with implementing this process.
Meeting Date January 15, 2020
Agenda Item Policy D1
Attachment Advertisement Policy
Submitted By Nalisha Nandkumar, Assistant to the City
Administrator
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Vendor shall obtain commercial messages and/ or advertisements consistent with the following
guidelines. Any commercial messages and/or advertisements which contain any of the following
characteristics of which, is of the type or category listed, shall be and hereby are expressly prohibited.
1. Advertisements should not promote sale or consumption of tobacco products or depiction of
the use of tobacco products.
2. Advertisements should not depict political messages (ex: candidate promotions, political parties,
etc.)
3. Advertisements should not include materials, depictions, promotions or offerings which are the
type prohibited by or by their nature would violate any postal restrictions or regulations or any
federal, state, or local law, rule or regulation.
4. Advertisements should not include any form of nudity or semi-nudity, profanity, obscenity, or
lewdness or characterizations which suggest, depict or promote any such element or sexually
oriented products, activities or materials.
5. Advertisements should not promote any form of illegal drugs, illegal drug use or illegal drug
materials or characterizations which suggest or depict the promotion or glorification of any such
products, activities or materials.
6. Advertisements should not promote the use or sale of firearms, explosives or other weapons, or
the depiction, suggestion or glorification of violence or acts of a violent nature.
7. Advertisements should not use language or descriptive material which taken in form and
context is deemed to be unsuitable for and contrary to community standards or standards of
appropriateness for governmental or family publications.
8. Advertisements should not use words, language, representations or descriptive material of any
kind having more than one meaning or connotation, one of which would be otherwise be
prohibited under these guidelines.
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Ordinance Amendment –Chapter 46 Traffic and Vehicles
Description
At the November 5, 2019 city council workshop, the city council discussed
regulating parking near alleys as well as an increase to the city’s parking fine. City
staff further reviewed the city’s parking regulations and would like a discussion on
other changes. These possible changes include added definitions for classes of
vehicles and clearer rules on where certain vehicles may park on city streets. The
changes for parking fine are also included in the draft code changes.
City staff have also explored parking restrictions in other cities during snow events
and how those compare to Falcon Heights and would like discussion on possible
changes.
Budget Impact N/A
Attachment(s) • Draft code changes
• Proposed parking restriction diagram
• City Code excerpts from nearby cities
Action(s)
Requested
Staff recommend a discussion on possible changes to city code Chapter 46.
Meeting Date January 15, 2020
Agenda Item Policy D2a
Attachment See below
Submitted By Justin Markon, Community
Development Coordinator
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ORDINANCE NO. 20-XX CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 46 OF THE FALCON HEIGHTS CITY CODE
THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS:
SECTION 1 Section 46-27 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough. Sec. 46-27 - Parking; restrictions; uniform parking fine (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Passenger vehicle means a passenger automobile, pickup truck, van, and motorcycle. Recreational vehicle means travel trailers include those that telescope or fold down, chassis-mounted campers, motor homes, tent trailers, and converted buses that provide temporary human living
quarters. Recreational vehicle is a vehicle that is not used as the residence of the owner or occupant,
is used while engaged in recreational or vacation activities, and is either self-propelled or towed on the highways incidental to the recreational or vacation activities. Street or public grounds means all public streets, highways, roads, alleys, lanes and park roads in the
city and all public property in the city, whether owned by the city or some other public entity.
Trailer means any vehicle designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle.
Truck means every motor vehicle designed, used or maintained primarily for the transportation of
property. Unlawfully parked vehicle means any vehicle that is unlawfully parked, abandoned or left unattended upon the streets or public grounds of the city in violation of state laws or this Code.
Vehicle means any motor passenger vehicle, recreational vehicle, trailer, truck, van or other vehicle used or intended to be used for the transportation of persons or property, including all property or cargo located within, loaded upon or attached to any such vehicle.
(b) Restrictions on parking of vehicles. (1) No recreational vehicle, truck, unhitched trailer, bus or school bus shall be parked on any street or public grounds within the city for an additional time than is necessary to load or unload such recreational vehicle, truck, unhitched trailer, bus or school bus, not exceeding 90 minutes.
(2) No vehicle shall be parked on any alley within the city except for normal pickup and delivery of passengers or commercial goods, not exceeding 30 minutes.
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(3) No passenger vehicle or hitched trailer in combination with a passenger vehicle shall be parked on any street or public grounds within the city for more than 48 consecutive hours. (4) No vehicle shall be parked on any street or public ground that has been designated a "No
Parking" area or an area where parking has been restricted to certain hours or days, by motion
or resolution of the city council, and posted as such. (5) No vehicle shall be parked on any boulevard within the city. (6) No person shall park a vehicle, except an authorized emergency vehicle, within an area designated a fire lane.
(7) No vehicle shall be parked on any street or public grounds in front of a public or private
driveway or alley or within five feet of any public or private driveway or alley without permission of the owner of the driveway or his or her agent. (8) No vehicle shall be parked on any public or private property, including commercial property, without the express or implied consent of the property owner or his or her agent and shall not
remain parked in violation of the terms of such consent. The terms of such consent may be
posted in a conspicuous place by the owner or his or her agent. (9) No vehicle shall be parked on any city street during snow removal (refer to section 46-528). (c) Uniform parking fine. There is hereby established a The uniform fine of $35.00 for each violation
of any this section regulating the parking of motor vehicles within the city shall be set according to
the City fee schedule. The fine established by this section shall be imposed regardless of the time of the year of a violation. SECTION 2 This ordinance shall be effective upon its passage and a summary published in the official
newspaper.
ADOPTED this ____ day of __________, 2020, by the City Council of the City of Falcon Heights, Minnesota.
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Moved by: Approved by: ________________________ Randall Gustafson Mayor
GUSTAFSON ___ In Favor Attested by: ________________________ LEEHY Sack Thongvanh MIAZGA ___ Against City Administrator WEHYEE
ANDREWS
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Parking restrictions in Falcon Heights
90 minutes maximum on street
• No vehicle of any kind may be parked in an alley for
more than 30 minutes.
• Refer to the City Code for complete information.
48 hours maximum on street
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Excerpts from city codes regarding parking and snow
Falcon Heights
Sec. 46-28. - Parking of motor vehicles during snow removal periods.
(a) Purpose and policy. The purpose of this section is to regulate the parking of motor vehicles on the
public streets of the city during periods of snow removal. Any motor vehicle parked on a public street of
this city during a period of snow removal, as specified in detail herein, is declared to be a public nuisance
which interferes with and impedes the orderly removal of snow from said streets, interferes with and
impedes the safe movement of emergency and other vehicular traffic, and is thus a danger to the
health, safety and welfare of the inhabitants of this city.
(b) Parking restrictions during snow removal. Parking of a motor vehicle on an unplowed public street or
within 30 feet of an intersection shall be prohibited. The term "snow removal period" means for a
maximum of 72 hours commencing after a snowfall where at least two inches of snow has accumulated
on the public streets of this city or until snow plowing has been completed on each street.
Roseville
602.09: NO PARKING AFTER SNOWFALL:
A. Parking Restricted: No person shall park any vehicle, except in compliance with directions of a police
officer or in compliance with regulatory parking signs, on any street for a period of 48 hours
commencing immediately after any two inches or more continuous snowfall or until snow removal has
been completed on any street, whichever occurs first. (Ord. 687, 12-18-1972)
B. Removal of Illegally Parked Vehicles: Any vehicle parked in violation of this section is declared to be a
nuisance which interferes with snow removal from public streets and any police officer may remove or
cause to be removed, summarily, any such vehicle by means of towing or otherwise or such police
officer may require the driver or owner to remove such vehicle off the paved, improved or traveled
portion of such street.
C. Prosecution For Violation: The removal of a vehicle which is parked in violation of this section, either
by a police officer or under the direction of a police officer, shall not preclude a prosecution for violation
of any provision of this chapter. (Ord. 361, 2-26-1962)
Arden Hills
800.03 Parking Regulations.
Subd. 1 Winter Parking Regulations. Except in compliance with the directions of a law enforcement
officer or in compliance with regulatory parking signs, no vehicle shall be parked on the improved
portion of any street or highway in the City immediately after the accumulation of two or more inches of
snow and until snow removal or plowing has been completed.
Subd. 2 Overnight Parking. No vehicle shall be parked on any street between the hours of 2:00 a.m.
and 6:00 a.m.
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Little Canada
403.040. SNOW EMERGENCY PARKING REGULATIONS. The parking of any motor vehicle upon any street
or road in the City of Little Canada in such a manner or at such a time so as to impede the plowing or
removal of snow following a snowfall of 2 inches or more in depth shall be prohibited until the snow on
such street or road has been removed or plowed. Vehicles of violators may be tagged and towed away
by or at the direction of the City and the expense of such towing may be charged to the owner of such
vehicle. Any such towing or storage charges incurred by the City will be paid by the owner before he is
allowed to reclaim his vehicle.
403.050. WINTER PARKING BAN. The parking of any motor vehicle upon any street or road in the City of
Little Canada is prohibited between the hours of 2:00 a.m. and 6:00 a.m. from November 1st through
April 1st of each year. Vehicles of violators may be tagged and towed away by or at the direction of the
City and the expense of such towing may be charged to the owner of such vehicle. Any such towing or
storage charges incurred by the City will be paid by the owner before he is allowed to reclaim his
vehicle.
Shoreview
901.030 Parking Regulations.
Except as herein provided, the following parking regulations shall apply to all public streets and
properties in the City.
(B) Time Limit. No motor vehicle and/or trailer shall be parked or left standing on any street between
the hours of 2:00 a.m. and 5:00 a.m. unless administratively waived by the Director of Public Works.
901.040 Snow Removal.
(A) Snow Emergency. When the City Manager determines that on-street parking interferes with the
City’s snow removal operation(s), he may declare a snow emergency. The City Manager shall cause an
announcement to be made of the snow emergency, by radio or television broadcast, newspaper
announcement, public posting, or any combination or methods as he or she determines will best inform
the public. The announcement shall specify the date and time the snow emergency shall commence.
Unless terminated by the City Manager, a snow emergency shall continue in effect, and all on-street
parking shall be prohibited.
(B) Parking Prohibited. No vehicle shall be parked on any unplowed area of any street, or within twenty-
five feet of either end of an unplowed area.
(C) Plowing Completed. The prohibitions of Section 901.090(B), shall not apply on any block after
snowplowing operations are completed on that block.
(D) Enforcement. Any authorized City employee or agent may, in order to facilitate snow removal,
summarily remove or cause to be removed any vehicle parked in violation of Section 901.090(B), or may
require the driver or owner to remove the vehicle from the street.
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Vadnais Heights
Sec. 34-58. - Parking after snowfall.
(a) Prohibited. No person shall park any vehicle on any street for a period of 48 hours, commencing
immediately after the accumulation of two inches or more of snowfall, or until snow removal has been
completed on such street, whichever occurs first. Further, no on-street parking shall occur as described
in section 34-59.
Sec. 34-59. - Time limitation for parking on streets.
No vehicle shall be parked on any street from 1:00 a.m. to 6:00 a.m. from November 1 of each year to
April 1 of the succeeding year. No truck or tractor-trailer with a capacity of over two tons shall be parked
on any street for more than 90 minutes or for the time necessary to continuously load or unload such
vehicle.
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Ordinance Amendment – Chapter 14 Businesses
Description
The majority of contractors who pull permits from the city are licensed by the state
of Minnesota for their specific disciplines (for example, plumbers, remodelers, and
roofers). However, for contractors who specialize in one skillset, a state license is
not required (for example, fence builders). In these scenarios, cities have created
their own licensing program to ensure that contractors and residents are safe during
projects.
Falcon Heights does license contractors, but the city code language is thin and in
need of updating. Currently, the code simply states that contactors who do not have
a state license must be licensed by the city. No definition of a contractor is provided.
City staff have provided a draft ordinance that lays out possible changes that will
clear up who needs a city license. This language mirrors other cities, with examples
provided.
Currently, city code requires that the city council approves contractor licenses.
However, given the time sensitivity of projects, staff would like a discussion on
possible administrative approval of contractor licenses. Solicitor/Peddler licenses
are already approved by city staff.
Budget Impact N/A
Attachment(s) • Draft code changes
• City Code excerpts from nearby cities
Action(s)
Requested
Staff recommend a discussion on possible changes to city code Chapter 14.
Meeting Date January 15, 2020
Agenda Item Policy D2b
Attachment See below
Submitted By Justin Markon, Community
Development Coordinator
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ORDINANCE NO. 20-XX
CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 14 OF THE FALCON HEIGHTS CITY CODE
THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1 Section 14-8 is amended as follows. Additions are shown with an underline, and
deletions are shown with a strikethrough.
Sec. 14-8 - Contractors license requirements and regulations
(a) Generally. Unless otherwise specified by this Code, all contractors must apply for a license
and provide to the city a certificate of insurance showing evidence that the applicant has in effect
public liability insurance in the amount of at least $300,000.00 for injury of one person,
$500,000.00 for injury of two or more persons in the same accident and $100,000.00 for property
damages. Should any insurance be canceled, the city shall be given ten days notice and the
license issued shall be suspended and inoperative until adequate insurance is provided.
Residential building and remodeling contractors who engage in business in the city must present
the city with proof they hold the required state license. Residential building and remodeling
contractors who provide only one special skill and all commercial building and remodeling
contractors who are not required to have a State license must maintain a Falcon Heights
contractor license. Common services requiring licensure include, but are not limited to:
(1) Asphalt paving and driveway installation
(2) Cement work, cement bond work, cement block laying, or brick work
(3) General construction including erection, alteration or repair of building
(4) Moving or demolition of buildings
(5) Plastering, drywall, outside stucco work, or lathing
(6) Heating, cooling, and gas installation including appliances, devices or machinery
(7) Roofing
(8) Fence erecting
(9) Sign and billboard erecting
(10) Excavation (for basements, foundations, grading of lots, etc.)
(11) Water and sewer excavating, installation and connection
(12) Tree removal and/or tree trimming
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(b) Licensing procedure.
(1) Application and issuance. Application for contractor's licenses must be on forms
provided by the city, accompanied by the appropriate fee as stipulated in section 14-1,
and any special requirements set forth for specific contractors. The application fee shall
be as set forth in the City Fee Schedule. Such application shall be submitted to the city
council for consideration approval.
(2) Revocation. Every license may be revoked by the city council for just cause
violation of this code or whose work is found to be improper, defective, or so unsafe as to
jeopardize life or property providing the license holder has been given reasonable notice
and a hearing is held.
(3) Reapplication following denial. In the event an individual is denied license, that
individual may not reapply for a license until six months have passed from the date of
denial.
(4) Insurance. All contractors must apply for a license and provide to the city a
certificate of insurance showing evidence that the applicant has in effect public liability
insurance in the amount of at least $300,000.00 for injury of one person, $500,000.00 for
injury of two or more persons in the same accident and $100,000.00 for property
damages. The insurance shall remain in and be in force and effect during the entire term
of said license. Should any insurance be canceled, the city shall be given ten days notice
and the license issued shall be suspended and inoperative until adequate insurance is
provided.
(5) Expiration. All licenses under this section shall expire on December 31 of the
year of issuance, unless sooner revoked or forfeited.
(c) General and subcontractor licenses. A license granted to a general contractor shall
include the right to perform all of the work included in his general contract. Such license shall
include any or all of the persons performing the work which is classified and listed in this
section, providing that each person performing such work is in the regular employ of such
general contractor and qualified under State law and the provisions of this Building Code to
perform such work. In these cases, the general contractor shall be responsible for all of the work
so performed. Subcontractors on any work shall be required to comply with the Sections of this
Code pertaining to license, bond, qualifications, etc. for their particular type of work.
SECTION 2 Article II – Construction Contractors and Section 14-19 is deleted.
SECTION 3 Article X – Tree Trimmers and Section 14-311 is deleted.
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Randall Gustafson
Mayor
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GUSTAFSON ___ In Favor Attested by: ________________________
LEEHY Sack Thongvanh
MIAZGA ___ Against City Administrator WEHYEE ANDREWS
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CHAPTER 307
CONSTRUCTION LICENSES
SECTION:
307.01: Licenses Required
307.02: Commercial General Contractors
307.03: Qualifications
307.04: Requirements for Licensure
307.05: License Fee
307.06: Duration
307.07: Issuance
307.08: Revocation or Suspension
307.01: LICENSES REQUIRED:
Licensing is required for all residential building and remodeling contractors who provide
only one service and all commercial building and remodeling contractors who are not
required to have a State license. (1995 Code) Common services requiring licensure include,
but are not limited to:
A.Asphalt paving.
B.Cement work, cement block work, cement block laying or brick work.
C.General construction including erection, alteration or repair of building.
D.Demolition of buildings.
E.Plastering, outside stucco work or lathing and dry wall.
F.Heating.
G.Gas installation including heating, appliances, devices or machinery, etc.
H.Sign and billboard erecting.
I.Excavators (for basements, foundations, grading of lots, etc.). (Ord. 487, 4-11-66; amd.
1990 Code)
J.Water and sewer excavating, installation and connection.
K.Tree removal and/or tree trimming.
L.Ventilation system cleaning. (Ord. 906, 5-10-82)
Residential general contractors, roofing contractors and manufactured housing installers
must be licensed by the Minnesota Department of Labor and Industry. (1995 Code)
307.02: COMMERCIAL GENERAL CONTRACTORS:
A.A license granted to a general contractor shall include the right to perform all of the
work included in his/her general contract. Such license shall include any or all of the
persons performing the work which is classified and listed in Section 307.01, providing
that each person performing such work is in the regular employ of such general
contractor and qualified under State law and the provisions of this Code to perform such
work. In these cases, the general contractor shall be responsible for all of the work so
performed.
B.Subcontractors on any work shall be required to comply with the Sections of this Code
pertaining to license, bond, qualifications, etc. for their particular type of work. (Ord.
190, 7-20-54; amd 1995 Code)
City of Roseville
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307.03: QUALIFICATIONS:
Each applicant for a license shall satisfy the Codes Coordinator that he/she is competent by
reason of education, special training and experience, and that he/she is equipped to perform
the work for which a license is requested. (Ord. 190, 7-20-54; amd. 1995 Code)
307.04: REQUIREMENTS FOR LICENSURE:
A.Application: A completed and signed application shall be submitted to the Community
Development Department on forms furnished by the City of Roseville.
B.License Fee: Payment of the license fee as established in the City Fee Schedule prior to
issuance of such license.
C.Liability Insurance: Before a contractor license shall be issued, the applicant shall
provide a certificate of liability insurance.
a.Any person holding a license under Section 307.01 shall file with the Community
Development Department policies of public liability and property damage which
shall remain and be in force and effect during the entire term of said license and
which shall contain a provision that they shall not be cancelled without ten days
written notice to the City.
b.Public liability insurance shall not be less than $50,000.00 for injuries including
accidental death to any one person, and subject to the same limit for each person in
an amount of not less $500,000.00 on account of any one accident and property
damage insurance in the amount of not less than $500,000.00 for each accident and
not less than $1,500,000.00 aggregate. No work shall be done under license until
said insurance policies shall have been filed and approved by the Codes
Coordinator.
D.Workers’ Compensation Insurance: Before a contractor license shall be issued, the
applicant shall file with the City a certificate indicating statutory workers’
compensation coverage or evidence of self-insured status approved by the State of
Minnesota. (Ord. 1098, 8-12-1991)
307.05: LICENSE FEE:
The fees shall be as established by the City Fee Schedule in Section 314.05.
307.06: DURATION:
All Contractor Licenses issued under this Chapter are effective upon issuance and expire one
year (365 days) from date of issuance. (Ord. 1525 04-24-2017)
307.07: ISSUANCE:
Notwithstanding Section 301.02 of City Code, the Codes Coordinator or his/her designee
may issue a license under this Chapter upon satisfaction of all requirements contained
herein.
307.08: REVOCATION OF SUSPENSION:
The City Council may suspend or revoke any license for violation of this Code or any State
or Federal statute or regulation after following applicable statutory provisions and where
none, after reasonable notice and a due process hearing. (1995 Code). The Council may
also suspend or revoke the license of any person licensed under this Code who violates any
of its provisions or whose work is found to be improper, defective or so unsafe as to
jeopardize life or property. (Ord.1499, 5-1-2016)
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302-1
302. LICENSES AND BONDS
302.010. LICENSES REQUIRED. Before any person, firm or corporation shall engage in the business of performing any of the various types of work listed in this Section, they shall first obtain a City license to do so, as hereinafter provided.
1. Cement work, cement block work, cement block laying or brick work;
2. General construction including erection, alteration or repair of buildings;
3. Moving or wrecking of buildings (see additional requirements under Section303.);
4. Plastering, drywall, outside stucco work or lathing;
5. Heating, cooling, and gas installation;
6. Well drilling;
7. Roofing;
8. Sign and billboard erecting;
9. Excavation;
10. Driveway installation;
11.The storage, stockpiling, and crushing of aggregate materials and other
activities relating to the same for the purpose of making recycled concrete
and asphalt aggregate. The application fee and license fee for this activity
shall be as provided in Section 302.020(C) of this Chapter.
302.020. APPLICATION FOR LICENSE.
(A) Each applicant for a license shall satisfy the governing body that he/she is competent
by providing the names of three different municipalities where the applicant is licensed.
(B)All licenses required by the provisions of this Chapter shall be obtained from the City
on the forms furnished at City offices. The fee for such license required by the provisions of this
Chapter shall be as set forth by City Council resolution.
(C)The application fee for the license for the storage and stockpiling of aggregatematerial shall be $25. In addition to the application fee, the license fee for the storage and stockpiling of aggregate material shall be an annual fee, paid on June 30 and December 31 of each
City of Little Canada
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302-2
year. This license fee shall be computed on the basis of $.10 per ton of material processed on site. The contractor shall deliver to the City whatever records, including, but not limited to, computer records and weigh tickets, the City requires to determine the tonnage. 302.030. INSURANCE. No license granted under the provisions of this Chapter shall become effective until the licensee shall have filed with the City Administrator certificates of policies of public liability and property damage insurance which shall remain in full force and effect during the term of said license, and which shall contain a provision that such policy cannot be cancelled without ten (10) days written notice to the City. Public liability insurance shall be for an amount not less than Fifty Thousand ($50,000.00) Dollars for injuries, including accidental death, to any one person, and subject to the same limit for each person, and for an amount of not less than One Hundred Thousand ($100,000.00) Dollars on account of any one accident, and property damage insurance in the amount of not less than Twenty-five Thousand ($25,000.00) Dollars. No work shall be done under any license issued until such certificates of insurance have been filed with and approved by the City.
302.040. EXPIRATION. All licenses issued under the provisions of this Chapter shall
expire one year from the date of issuance, unless sooner revoked or forfeited. If a license granted
hereunder is not renewed previous to its expiration, then all rights granted by such a license shall
cease and any work performed after the expiration of the license shall be in violation of this
ordinance.
302.050. RENEWAL FEES. Persons, firms or corporations renewing their licenses after the
expiration date shall be charged the full annual license fee.
302.060. GENERAL AND SUB-CONTRACTORS LICENSES. A license granted to a
general contractor shall include the right to perform all of the work included in his general contract.
Such license shall include any or all of the persons performing the work which is classified and
listed in Section 302.010 of this Code, providing that each person performing such work is in the
regular employ of such general contractor and qualified under State law and the provisions of this
Building Code to perform such work. In these cases, the general contractor shall be responsible for
all of the work so performed. Sub-contractors on any work shall be required to comply with the
sections of this Code pertaining to license, bond, qualifications, etc., for his particular type of work.
302.070. SUSPENSION AND REVOCATION OF LICENSE. The City Council shall have
the power to suspend or revoke the license of any person, firm or corporation, licensed under the
provisions of this Ordinance, whose work is found to be improper or defective or so unsafe as to
jeopardize life or property, providing the person holding such license is given twenty (20) days
notice and granted the opportunity to be heard before such action is taken. If and when such notice
is sent to the legal address of the licensee, and he fails or refuses to appear at said hearing, his license will be automatically suspended or revoked five (5) days after the date of the hearing. 302.080. PERIOD OF SUSPENSION. When a license is suspended, the period of suspension shall be not less than thirty (30) days nor more than one (1) year.
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302-3
302.090. CODE VIOLATION REVOCATION. When any person, firm or corporation holding a license as provided herein has been convicted for the second time by a court of competent jurisdiction for violation of any of the provisions of this ordinance, the governing body shall revoke the license of the person, firm or corporation so convicted. Such person, firm or corporation may not make application for a new license for a period of one (1) year from the date of revocation. 302.100. SURETY BOND REQUIRED. No license for excavation granted under the terms stated herein shall become effective until the licensee has filed with the City Administrator a surety bond in the amount of Five Thousand Dollars ($5,000.00), operating in favor of the City and conditioned that the City will be held harmless from any loss or damage by reason of improper or inadequate work performed by the holder of said license under the provisions of this ordinance. (Source: Ord. 9, Amended: Ord. 58, 181, 394, 488, 513, 623)
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Native Landscaping and Forestry
Description
Through much of 2019, the Environment Commission explored changes to the city
code that would allow for native landscaping. Currently, city code limits properties
to turf grasses and trees. In reality, many property owners already plant natives.
The proposed code changes would allow provide clarity on what sort of plantings
are allowed, where they can be planted, and how they should be maintained.
A draft of the code changes has been available on the city’s website for public
comments since early December. To date, city staff have received over 60 responses,
the vast majority of which are positive. The Planning Commission has heard from
the Environment Commission at two previous meetings and will hold a public
hearing on the proposed changes at their January 28 meeting, followed by a final
decision at a City Council meeting, most likely in February. Currently, no changes
are proposed related to landscaping on public property, which includes sidewalk
boulevards and the immediate front yards of most properties without a sidewalk.
There are a few local non-profit organizations that provide training for residents on
native landscaping. After a final decision by the City Council, city staff hope to hold
a few events that would allow residents to learn more about planting and nurturing
natives on their property.
Other proposed changes include changing the responsibility for trees to the City
Administrator or designee. The city code currently leaves these duties to the city
forester, but an Ordinance in 2018 began to clarify the duties of the forester. The
proposed changes would clean up other references.
Budget Impact N/A
Attachment(s) • Draft code changes
• Landscaping diagram
Meeting Date January 15, 2020
Agenda Item Policy D3
Attachment See below
Submitted By Justin Markon, Community
Development Coordinator
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Action(s)
Requested
Staff recommend a discussion on possible changes to city code Chapter 54.
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Proposed City Code changes:
Chapter 54 – Vegetation
Sec. 54-38 – Regulations for private property
(a) Purpose and application. It is the purpose of this section to prohibit the uncontrolled
growth of vegetation, while permitting the planting and maintenance of landscaping
which promotes resiliency, diversity and a richness to the quality of life. There are reasonable expectations regarding the proper maintenance of vegetation on any lot or parcel of land. It is in the public's interests to provide standards regarding the maintenance of vegetation because vegetation which is not maintained may threaten
public health, safety and order, and may decrease adjacent property values. It is also in
the public's interests to encourage diverse landscaping, particularly that which restores native vegetation which requires less pesticides, moisture, and places a lower demand on the public's water resources. The city enacts this section to balance these competing interests.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Native plants are those grasses (including prairie grasses), sedges (solid, triangular-stemmed plants resembling grasses), forbs (flowering broadleaf plants), trees and shrubs that are plant species native to or naturalized to the state of Minnesota, excluding
prohibited exotic species, as defined by Minn. Stats. Chapter 84D. Native plants do not
include weeds.
Ornamental plants means grasses, flowering perennial and annual plants, shrubs and
groundcovers that may not be indigenous to Minnesota, but are adaptable. Ornamental
grasses do not include turfgrasses.
Turf grass means commercially available cultured turf grass varieties, including
bluegrass, fescue and ryegrass blends, commonly used in regularly cut lawn areas.
Planned landscape area means an area where ornamental plants, groundcovers or native plants are planted pursuant to a plan.
Rain garden means a shallow excavated depression with loosened sub-soils in which ornamental plants or native grasses and forbs that are adapted to moist conditions and have deep roots are planted for the purpose of infiltrating and filtering rain water and
reducing storm water runoff.
Restoration area means an area where native grasses and forbs are being, or have been, intentionally re-established
Weeds are (i) noxious weeds as defined and designated pursuant to the “Minnesota noxious weed law”, Minn. Stats.§ 18.76-18.88, as amended from time to time, or (ii) any volunteer plant, except trees and other woody vegetation, which is not customarily or
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intentionally planted. For the purposes of this definition, weeds do not include
dandelions or clover.
(c) Location of restoration areas and planned landscape areas.
(1) Setback. A restoration area or a planned landscape area must provide the following minimum setbacks:
a. Front lot line, corner side lot line, or rear lot line abutting a street or alley: two feet, and two feet from publicly maintained pavement or sidewalk
b. Interior side lot line or rear lot line not abutting a street or alley: two feet;
provided, however, for the exception in the required side yard or rear yard setback, as shown in section 113-373(c)(2).
(2) Mitigations for reductions in side or rear yard setback. A required interior side yard or rear yard (not abutting a street or alley) setback may be reduced to zero feet if:
a. A fence at least three feet in height is installed on the lot line adjoining the restoration area or planned landscape area; or
b. The restoration area or planned landscape area abuts:
1. A restoration area on any adjoining lot;
2. A public park or open space;
3. A vacant lot;
4. A wetland, pond, lake or stream;
5. Natural area; or
c. The restoration area or planned landscape area is located on slopes equal to, or greater than, three feet horizontal to one foot vertical (3:1).
(d) Maintenance Standards. Every owner of property shall maintain the vegetation growing thereon according to the minimum standards set forth in this subsection:
(1) The setback area required by section 113-373(c) shall be composed of a soil retention cover such as mulch, regularly mowed turf grasses or groundcovers maintained at six inches or less, native or ornamental plants maintained at ten inches or less, trees or shrubs, or as may be required by the city administrator to protect the soil and aesthetic
values on the lot and adjacent property.
(2) It is unlawful to plant any tree or shrub within five feet of a property lot line abutting a right-of-way of a public street or alley.
(3) Non-woody vegetation in a planned landscape area shall be cut at least once annually between May 1 and July 15 to a height no greater than 10 inches.
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(4) Properties shall be free of blight and blighting factors, as described in section 22-19.
(5) Properties shall be free of public nuisances, as described in section 22-47.
(5) The city may require the owner or occupant who has planted, or has allowed to be planted, native plants or other vegetation within a drainage or utility easement to remove the native plants or other vegetation from the drainage and utility easement at no expense to the city. The city will not be responsible for damage to turfgrass and/or
any landscaped areas resulting from public works improvements or snow removal
activities within drainage and utility easements.
(e) Trees. Persons responsible for growing any trees, shrubs or other plants on private
property must comply with the following regulations:
(1) Planting.
a. It is unlawful to plant any of the following trees:
1. Box elder, Acer negundo;
2. Silver maple, Acer saccharinum;
3. Female ginkgo, Ginkgo biloba;
4. Eastern cottonwood, Populus deltoides;
5. Lombardy poplar, Populus nigra italica; or
6. Chinese elm, Ulmus pumila.
(2) Hazards.
a. Property owners shall prune trees so they will not obstruct pedestrian sidewalk
traffic, nor obstruct the view of any traffic sign, street, alley, or intersection. Overhanging portions of trees must be pruned to maintain a minimum clearance of eight feet over all sidewalks, and 16 feet over all streets.
b. Property owners shall remove or trim any trees, plants or shrubs determined by the City Administrator to be a public hazard.
c. Property owners shall treat or remove any diseased or pest-ridden tree or plant
determined by the City Administrator to be a hazard to other trees or plants in the city.
(3) Nuisances declared. The following are considered public nuisances whenever they
may be found within the city:
a. Any tree infected with the Dutch elm disease fungus (Ophostoma ulmi, formerly
Ceratocystis ulmi), or which harbors any of the elm bark beetles (scolytus
multistratus or hylurgopinus rufipes), or any other pest capable of producing an epidemic; and
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b. Any dead elm tree or part, including logs, branches, stumps, firewood or other
material that contains elm bark.
(4) Unlawful storage, transporting and disposing of elm wood. It is unlawful for any
person other than licensed tree services to transport, store or dispose of any bark-
bearing elm wood between April 15 and September 1 of each year.
(5) Inspection and investigation of nuisances.
a. The City Administrator or duly authorized agents shall inspect all premises as often as practicable, to determine whether any declared public nuisance exists. The City Administrator or duly authorized agents shall investigate all reported incidents of
infection.
b. The City Administrator or duly authorized agents may enter private premises at any reasonable time for the purpose of carrying out any of the duties assigned under
this section, as provided in Chapter 15.05 of Department of Agriculture
regulations.
(6) Abatement of hazards and nuisances on private property.
a. Order procedure. If the City Administrator determines that trimming or removal of a tree or plant on private property is necessary to abate a public hazard or nuisance, the city shall serve a written order upon the responsible property owner
or occupant to correct the condition.
b. Dutch elm disease. If Dutch elm disease is found in trees or wood on private property, the City Administrator shall notify the responsible property owner.
c. Abatement of disease. The City Administrator shall order the removal of any infected tree or wood constituting a nuisance as described in subsection (3) of this section. Removal and abatement shall be in accordance with the technical opinion
of the Forester or the Department of Agriculture. Trees impacted by a shade tree
pest shall be removed or effectively treated so as to destroy and prevent as fully possible the spread of the shade tree pest.
d. Time limit. The order or notification shall set a time limit for compliance,
depending on the urgency of the hazard or nuisance.
e. Authority to abate. If, after notification, the responsible person fails to correct the
condition within the time prescribed, the City Administrator may order city staff
or a contracted firm to abate the hazardous or nuisance condition.
f. Cost of abatement. The responsible person shall be billed for the full cost of the
abatement plus any additional administrative costs. If the bill is unpaid, the cost
shall be certified to the county auditor as a special assessment against the property.
*Note: Subsection (e) Trees is the existing code for Sec. 54-38.
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To be deleted:
Sec. 113-373. - Landscaping.
(a) Landscaping on a lot shall consist of a finish grade and a soil retention cover such as sod, seed and
mulch, plantings, or as may be required by the zoning administrator to protect the soil and aesthetic values on the lot and adjacent property.
(b) In all districts, all developed uses shall provide landscaping from the urban curb and gutter to the road right-of-way lines. This landscaped yard shall be kept clear of all structures, exterior storage, and off-street parking.
(c) Landscaping shall be provided and maintained on all required front and side yards in all developed
districts.
(Code 1993, § 9-14.01(6))
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