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89-12 WHITE - CI�TV CLERK ' COUIICll n PINK - FINANCE i GITY OF SAINT PAUL `� l� BI.UERV-MAVORTMENT � File NO. �r � dZyldY�C � � � '�� Ordinance N 0. � .1 Present B ' i �� Referred To • Committee: Date Out of Committee By� Date An oirdinance amending the Saint Paul Legislative Codel and pertaining to personal property locker faci;lities ; requiring facilities to be licensed, bonc�ed, provide consumer protection, provide miniimum health and safety standards , and provide forlunannounced inspections of �ne individual unit�s by the City' s inspectors . THE COUNCIL OF� THE CITY OF SAINT PAUL DOES ORDAIN: ' Section l . That th� Saint Paul Legislai,ive Code is hereby amended so as to add the following provisions thereto: � .01 . � Purpose. Tne City Council determines that en- virpnme tal and consumer protection concerns requires the ci y of Saint Paul to establish and enforce environ ental , safety, and consumer protection sta�dar�ls for personal property locker facilities . Evidenc� indicates that hazardous waste materials are at; times stored in personal proper�y locke-r facilit�es and are unknown to employees and the general' oublic who frequen� these facilities . Pro- vision imust be made for access to personal locker facilit�.es by city inspectors for necessary healtn and saf�ty inspections . .02. Definitions. For the purpose of this chapter , the folllovaing terrns shall have the meanings given to themjby this section: Facillity operator or operator. Facility operator or loperator means the owner, operator , lessor, COUNCIL MEMBERS I �'�� Yeas Nays i �,4 Requested by Department of: Dimond i t `; �� ( , f ` �'`.�-.�.T�`- In Favor Goswitz ' 12¢ttman /` (,� � Scheibel �-'�.�� j Against BY Sonnen ' Wilson _ I Form Appr d by City At ney Adopted by Council: Da�e Certified Passed by Cowncil S�cretary BY gy I ' Approve y Mayor for ubmission to Council Approved by Mayor: Date I I gy By PINK - FINANCE � -� � � CANARV - DEPARTMENT ' T COUIICll � BI.UE - MAVOR �� 'G,ITY OF� SAINT ,PAZI-:L .File ;�;NO. ��` �°�'� , , O�dindnce " ,.-.. - � �y � .�...� Ordinance N 0. ; , � Presen B �,� -�7 -�'� ��r� ',� / .%:,�; ;v=,,�` � � l' �.`�,, r , � y ,; , / � � _ �, ��,,�, / _ r./' �Referred To ��'�" ��r' �`='' �• Committee. Date � d� � Out of Committee By Date An ordinance amenc�.ing tiZe Saint Paul Legislative Code and pertaining to personal nroperty locker facilities ; requiring facilities to be licensed, bond�e3, provi�.e conswner protection, provide minimum healt:� and safety standards, anc� provide for ur�announced inspections of the individual units by the City' s inspec�ars. �' THE COUTICIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 5ec�ian 1 . That the Saint P�ul Le�i�lative Code is hereby amended so as to =add the followingfprovisions thereto: .01. Purpose. The City Council determines that en- vironmen�al and consumer protection concerns requires the city of Saint Paul to establish an�1 enforce environr��ntal , safety, and consumer �rotection standards for personal property locker facilities. Evidence indicates that hazardous waste materials are at ' times stored in personal property locker � .facilities and are unknown to e�tployees and the general ; public wha frequent these facilities. Pro- vision must be made for access to personal locker facilities by city inspectors for necessary health and, safety inspections. .02. Definitions. For the purpose of this chapter, the following terms shall have the meanings giv�n to' tk�em by this section: Facility operator or operator. �'acility operator or operator means the owner, o,t�erator, lessor, COUNCIL MEMBERS Yeas Nays Requested by Department oE: Dimond ��g In Favor coswitz Rettman Scheibel A gai R s t BY Sonnen Wilson Form Apprqv�d by City Att ney Adopted by �ouncil: Date ! � � v �.J � Certified Passed by Council Secretary BY F, � � By ,� � � Approved by Mayor: Date Approvec'�bfy Mayor for Submission to Council By BY • '' , �. • . . . ��.-/�— � . J � � � .�I° 012419 � Councilmember DEPARTMENT . - - - - - - Bob Lo Arm He CONTACT NA�IE 298-4473 PxONE � 12 � 8 DATE ASS N D (See reverse side.) _ Department Di ec;to _ Mayor (or Assistant) _ Finance and nage ent Services Director _ City Clerk _ Budget Direct r _ ' _ City Attorney ' � T G G S: (Clip all locations for signature.) A V I 0 0 Y (Purpose/Rationale) � This ordinance pr vide for the licensing and regulation of personal property locker. facilities, s�t s own as self-storage warehouses, which are not riort� licens�d or regulated by the i�y s St. Paul. Provides for hazardous waste check, caapliance with Certificate of Oc pan regulations and protection for cons�uners u�ix�g facilities. � . ST U N SO E PACTS T�e is a benef' �n roviding a policy that ad.dresses the relatively new b�usines$ of personal propert lqc facilities and a process to address public health and safety concerns and pro c� c s�rer�. - In �he short t , �he e could be additonal expense for inspections, but tY�re is the intent to move inspecti �to a fee basis that covers the costs associ.ated with i.nspec�ions. FN T � CTVITY RC O � (Mayor's signat e �o required if under $10,000.) � Total Amount o T�a sgction: Activity Number: Fundi�g Source , Councii Research Center . ATTACHMENTS: (L st a d number all attachments.> ��G 2 f 1988 �, AD1�tI ISTRATI S _Yes _No Rul s� Regulations, Procedures, or Budget Aatendment required? _Yes _No If es, are� they or timetable attached? � DEPAR MENT R V CZTY ATTORNEY REVIEW _Yes i�o c 2 resolution required� Assolutinn required? _Yes _No _Yes _No ns�ur nce required? Insurance sufffcient? _Yes _No _Yes No ns'tir nce attached? � „ . • • ' �`4 . HOW TO USE THE GREEN SHEET ' • � � � � �.... _�../ t.-.hJ b • • . • The GREEN SHEET t�as three PURPOSES: . l. to assisf in routing documents and in securing required signatures; 2. to brief the renievers of documents on the impacts of approval; 3. to heip ensure that necessary supportiag materials are prepared and, if required, � attached. . Providing complete information under the listed headings enables revie�ers to mal�e decisions on the documents and eliminates follow-up contacts that may delay eaecution. Belo�r is the preferrad ROUTI13G. for the �ive most frequent types of documents: CONTRACTS (assumes authorized budget exists) 1. Outside Agency 4. Mayor 2. Initiating Department 5. Finance Director 3. City Attorney 6. Finance Accounting Note: If a gONTRACT amount is less than $10,Q00, the Mayor's signature is not.required, if the department d3rector sigas. A contract must always be signed by the outside agency before routing, through Citq offices. ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDER <all others) . 1. Activity Manager 1. Initiating Department 2. Department Accountant 2. City Attorney 3. Department Director 3. Mayor/Assistant 4. Budget 'Director 4. City Clerk 5. City Clerk 6. Chief Accountant, Finance and Management Services COUNCIL RESQLUTION (Budget Amendment/Grant Acceptance) COUNCIL RESOLUTION (all athers) � - 1, Department Director 1. Department Director Z. Budget Director 2. City Attorney 3. City Attorney 3. Mayor/Assistant 4. Mayor/Assistant 4. City Clerk , 5. Chair, Finance, Mgmt. , and Pers. Cte. 5. City Council 6. City Clerk � 7. Citp Council 8. Chief Accauntant, Finance and Management Services The CQSTIBENEFIT. BUDGETARY. AND PERSONNEL IMPACTS heading provides space to eaplain the cost/benefit aspects of the decision. Costs and benefits relate both to City budget (General Fund and/or Special Funds) and to broader financial impacts (cost to users, homeowners, or other groups affected by the action). The personnel impact is a description of change or shift of Full-Tims Equivalent (FTE) positions. The ADMINISTR.ATIVE PROCEDURES section must be completed to indicate whether additional administrative procadures, including rules, regulations, or resource proposals are . necessary for implementstion of an ordinance or resolution� If yes, the procedures or a timetable for the completion of procedures must be attached. , SUPPORTING�IrtATERIALS. In the ATTACE$�,NTS section, identifq all attachments. If the Green 5heet is well done, no letter of transmittal need be included (unless signing such a letter is one of the requested actions). Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of Insurance should be one of the attachments at time of routing. No e: Actions which require C�ty Council resolutions include contractual relationships �rith other governme�tal units; collective bargaining contracts; purchase, sale, or lease of land; issuance of bonds by City; eminent domain; assumption of liability by City, or granting by �Citq of indemnification; agreements �ith state or federal government under which they are providing funding; budget amendments. '� I • . -1 . _ _ { .. , � . . . . �.r - � _ � . � . � . _ � . . � � _ . . . . .. . �.I'�.�. . . . � � � � � . � � . . - . . . �- .. ' .. . - � , . -- �. � . - - .. � . .. . ' � .� � _ . . � � . . . - ' 9 _ .. � � � - � I -' ' . . .. . .. . . , �. . . . . . .: , . . . , _ ,. .. � .�_ . , ._ ... . � � . . .. .. .. .. - . .. �� . .. . . . . � : . . � . . � � � � � � �.. -.. . . . . _ . 'I` , - ._ . .. . - .. . . . � � � . - ' � � � . . . � . . .. . � . - �:. �.. , . . '�. . � . � { �,�.. . . .. � . : : . . -.�. �,- .- - . . . . :_ .._' ..., . .._ . .: �.�� y .. ::� �.� • � .' � -�', . ��. b ..� .... - � ...- ' . :. - f ��, . � - - _- . . . .. . � , _ .._ - . ... . . � .. . , ; . .. ... _ ..._ .. .. . . ` } �,,sr'�' ✓ . ,_. . ___ _.. _ -_ _ fi ;:�� `�r� � _ 2nd 1" /� - � .. _ I. r .Y- y� `-/ .�.,, �, � 3zd , / �.�; �/ Adopted � �o�.�^ � `; _ k� .� . . _ '' : Yeas � Nays = DIMOND ��9/�--, _ , Y: � � GOSWITZ - x �� 'f; LAIVG : _ � -: ^ " ' RETTMAN 1 � - � SONNEN. , " '. :�'' - � WILSON _ �' - : ��: � 1"1R. PRESIDENT, $CHEIBEL _ k': ;. # _ ,- - . - _ . : _ __ _ . ._ . _ ,� . _ _ _ �,' � _ � _ . _ � � � - - „_ _ ,. � - _ � - I -- � _ _ . . � . _. . : - � , _, . . . _ ;: . - : : . � �. - - = , • : � :, . ;, _: .. _ _ . ._ . , -- : . . , : ... . . .. ,_ ,,. , . . - , � , - .- ;: , � - . . . I _ .. : ; :.. : � : . : , : _ ' � . , '� � :� • -Y: WHITE -�C�Y CLERK � CO{IIIC�l jf�`�';f '.. PINK — FINANCE • � . T . .jYd . � � . . • .� . . . . � CANARV—OEPARTMHNT � �yTY OR SAI�NT � PAUL . File :.NO. `� f• f� � BI.UE; —MAVOR � Ordindnc� � `°� .r Ordinence'N 0. Presentsd By ` � f � < �- . � � ��eferred ''�-; ' r-`..`. -_- �- Committee: Date 'f.`� '�`,� � " _ _ ; Out of Coinmittee y ` Date ard na�sce anendir� tt�r Saint P�wl Leqis2a�3v►+s pertafninQ to �ersor�l PrapertY lo�i�r f il� ies•, requirinq faciliti�s �to be .Ii�se�d, pra►�ide const�er proteetfe�n. pro�i►i� �re i h+�a2th and sai�ty standards, �d- pravide f � fnspectic�as of the i�divislual1� its � the C#!�►'s fs�ap�cfi^Ars. . TH8 �tlt�liCIL CITY #�+' SAIiiT P1lUL t3QES ORD�lI�+1: � _ � SeCtion l. ;?hat ir�t Paw3. �Qisiative Code .ia �rarby awsrkled so as to at�d the li nQtprarr3sie�s ttutr►eto; _ , .�i. . '!he Ci ty Ca�a�ci1 ditersine� that a�- vi ta �nc! ecrcuu�er protsctiou r.o�erns �^equirea t�e ity of Saint Pa�sl to eatablish �td ea€�!'oe�ze , e�vi atl, safet�, �! c�r prota�tion stand s for personsl pr�srty' l+c�rker f�cilitie�a. Svi ndicstts tha� � h�►sard�ar� araste t�at�ria2s _ _ ar� t r�es ste►r�td ir� p�rs�x�rl propertg 2�her,M facill ies a�d ars �. to e�le�ees a� the �e lie � �r�qu�t these facilities. Aro- wi�� t b� a�de f.ar aceasa to p�rsonai lc�k+�r . f�cilf i�s bar ei�r irispectt�rs tor n�cesaary ht�lth and aty iaspsctions. ._ . � fireitia�. For the .` _ • P�rPost af this +etal�te:"�. the 2� ssq terses shal� ha�e tl�e rsani� �v+�► to b� th3s s�tit�n: ! ii o�rator or opera►�. �'acilft�r +�peratar �or ape ator seans th�r o�ar, opecator, lesaflr, • COUNCII. MEMBERS . �; � . - _> Y� �� Requested by Depa�tment of: lllmond �ns In Favor = coswitz Retbman s�n��t Against By , sonnen VV'�Ison Adopted by Council: D te Form Approved by City Attqrney �� P� / ,' F= Certified Passed by Council S cretar BY , °f "�+� € ,��r �� ,: By �' , Approved.by Mayor: Date Approved by Mayor for �ubmission to Council - By ' BY . . �, � : � � � � . � � � � �,��-i� , , . � ,� or sublessor of a personal property locker facility, his agent or any person authorized by him to manage the facility, or to receive rent from a tenant under a rental agreement. Hazardous material . Hazardous material means a substance or agent manufactured or used by a business or an individual within the City of Saint Paul and which is : a) hazardous substance as defined in the Minnesota Employee Right to Know Act of 1983 , Minn. Stat. § 182'�,. 651 , 5ubd. 14; or b) h�'�azardous materials as defined in Article 9 of ', the Minnesota Uniform Fire Code established by Mihn. Stat. § 299r .011 . Personal property. Personal property means movable property not affixed to land and includes but is not limited to goods , wares , merchandise , and household items . Personal property locker facility or facility. Personal property locker facility and facility means real property that is designed, and used only for renting or leasing individual storage enclosures , cubicles , or rooms to the general public under the following conditions : 1 ) the tenants have access to the storage en- closures , cubicles , or rooms only for storing and removing personal property; 2) tl,he operator does not issue a warehouse recei�t , bill of lading, or other document of title for the personal property stored in the storage enclosures , cubicles , or rooms ; 3) the facility has four or more individual storage enclosures , cubicles , or rooms that are designed to be locked for security by the tenant ; 2. i . . . . . , •. . , . . ��_ /� . ; . 4) tl�e facility shall not be a facility subject to ]licensing by the State pursuant to Minn. Stat1 § 231 . 16 . The te�*m does not include a garage used principally for p�rking motor vehicles or any property of a financial institution that contains vaults , safe eleposit boxes , or other receptacles for the use, purpose , and benefit of the financial institution' s customer , or bus terminal or airport type storage facilities . Rate. , Rate means every individual or joint rate, charge ,' or other compensation of every facility either Ifor storage or any other service furnished in conrlIection therewith, or any two or more such individlual or joint rates , charges , or other compens�ation of any facility practices , or contract relatin� thereto. Rental lagreement, agreement or lease. Rental agreeme�t , agreement or lease means a written agreement that is entered into by the operator and temant and that establishes the terms and conditiQns of the tenant ' s rental and use of storage enclosures , cubicles , or rooms at a facili- ty. Tt shall include the following provisions : a) a , description of the dimensions and location of the storage area rented; b) the rental rate and period for which the rate is guaranteed; c) a�n inventory and initial description of the s�ored property; and d) a statement of the amount, nature, and limits of the operator ' s responsibility in the event of da�mage , theft , loss , or misdelivery of the tenan� ' s property and the amount of insurance coverage by the rental agreement. The statement shall ' be on the face of the rental agreement in ba,ld face print and in distinctive style and coilor as compared to the other print. I 3. � . ��. . � � � . �. � � � � lf�'- �`�_��- i Tenant. Tenant means a person, his sublease , successor, or assign who rents storage enclosures , cubicles , or rooms at a facility under a rental agreement entered into with the facility operator. .03. License required; fee ; term. (a) License required. No person shall operate a persona� property locker facility without first having ob�ained a license as herein provided. A separate license shall be required for each location. The licens shall be a Class I license. (b) Fee. , The annual license fee shall be the sum of $ ��, (c) Term� The term of a license shall be one year. .04. Application. Each applicant shall make application to the license inspector on such forms and containing such information as the inspector shall require . The application shall be made under oath, and furnishing false information shall be a violatian of this chapter in addition to any other laws or ordinances . .05. Surety Bond. Every application for a license or renewal thereof shall be accompanied by a bond executed by a bonding or surety company authorized to do business in the State of Minnesota, in the amount of ' $10, 000. 00, conditioned upon the assurance that durimg the term of such license the licensee shall con,tinue to comply with the provisions of this chap'ter and all laws of the city and state and to a�sure the protection of the tenants from damage , t�heft , or conversion of their property. The tenant shall have a cause of action against the bond 'for reimbursement for any damages suffered as a result of the licensee ' s negligence or noncommpli- ance with the laws of the city. .06. Inspection. (a) Inspection. All personal property locker facili- ties shall be inspected by the City of Saint Paul . Inspection will occur at the inspector ' s convenience . ' 4. . . � , � `: . � � � .� � � � � ��--,� , . , � � � � � The inspection shall include sanitation, environment, building , safety, maintenance„ (b) Individual unit keys/master key. All personal property locker facilities shall maintain on the premises keys and/or a master key to each individual storage unit , cubicle , enclosure , or room for the purpose o,f inspections , maintenance , and compliance with this ordinance. The keys and/or master key shall be !made available to the police , fire , health inspector , building inspector, and all other law enforcement officers who desire entrance into each individual, storage unit , enclosure , cubicle, or room for the performance of their duties. - .07 . H�,e alth and safety requirements. I (a) Fire �rotection. All facilities must be protected against fi e by an automatic device or fire extinguish- er. Ext�nguisher must be recharged at least once a year an� tagged, showing the date of such recharge . Where an , automatic de�rice is maintained, it must be kept iiz complete working condition at all times . Goods , wares , or merchandise must not be piled closer than 1z feet from automatic devices . (b) Certificate of occupancy inspections. Personal property locker facilities snall comply with all relevant �building and fire code provisions , and shall be subject to mandated certificate of occupancy inspections as required py the Legislative Code or Fire Marshall . (c) Inspec�tion required before opening. No building or structt�re shall be used as a facility or branch facility until it has been inspected and approved. .08. Consumer protection. (a) Contract. The contract between the facility operator and tenant of a personal property locker facility m�ast conform to the plain language of Minne- sota Statutes , § 325G. 29 to § 325G. 36 . i 5. . � �: . . . . � � � . �,�� , �:�- ,�� (b) Rent. Rental rates shall be maintained on file by the facility operator and made available for inspection by any interested party. Rates shall be the same for all persons and facility operators shall not discriminate as between tenants . Rental contracts shall provide that rental rates may not be increased except upon providing tenant with at least 10 days written notice thereof. (c) Tenant rights. To the extent applicable , the lease agreement between the facility operator and tenant shall conform to the provisions of Minnesota Statutes , IChapter 504 and sections 514. 970 through 514. 979. ' � (d) Tena�t insurance. The lease agreement between the facil',ity operator and tenant shall disclose clearly and conspicuously the extent and limits of insurance carried by the facility operator covering the tenant ' s personal property stored in the personal property locker facility. If the facility operator does not provide insurance coverage for tenant ' s personal property, the facility operator must provide the tenant or prospective tenant with an opportunity to purchase personal property insurance through the facility operator. .09. Storage of hazardous materials prohibited. No tenant �hall store hazardous materials in a personal property locker facility. A violation of this section shall be a ' misdemeanor. Section 2. This ordirjance shall take effect and be in force thirty days from and af$er its passage , approval and publication. 6 . _ _ '� �� CLERK � PINK� � FINANCE � � CANARY -DEPARTMENT ,� GITY OF SAINT PAUL COUIIC31 � BIUE -MAYOR ��_'�� File N 0._ 0��"�/`CG Ordinance N0. Presented By Referred To Committee: Date Out of Committee By Date � � Section 3. � This ordir�ance shall be deemed a part of the Saint Pa Legislative Cod� and shall be incorporated therein and given an appropriate ' chapter and/or section number at the time of the next revisio� of said legislative Code. i i , I 7. COUNCIL MEMBERS �'�S Nays Requested by Department of: a. Dimond ; LO1� � In Favor # Gosvitz Rettman Scheibe7 � Against Bv Sonnen Wilson dopted by Council: Date � Form Approv d City Attorne ' � �rtified Passed by Council Secre�ary gy By ;� ' � �proved by P/layor: Date � Approv Mayor for Submission to Council By By � � , . , . i . -----_. . . . . . : . L _. _ __ . . . . . _ . . .._. _ . I _ WMITE - CITV CLERK �� j COUI1C11 PINK - FINANCE ' CANARV - DEPARTMENT � i GITY OF SAINT PAiTL 1 BLUE -MAVOR � Flle NO. �^'I� iOrdin�nce Ordinance 1�0. Presented By � Referred To � Committee: Date Out of Committee' By Date I � � ; Section 3 . This ord�nance shall be deemed a part of the Saint Paul Legislativ� Co�le and shall be incorporated therein and given an appropr^iatel chapter and/or section number at the time of the next r�visi,�on of said legislative Code. � I � i i I I I i � I � � � ' i I , I � I 7 . COUNCIL MEMBERS Yeas Nays � Requested by Department of: Dimond i �� j [n Favor Goswitz ; i Rettman s�he;n�� ' � Against BY Sonnen I Wilson ' i i Form Approv d City Attorne Adopted by Council: Dlate Certified Passed by Council �Secretary BY By Approved by Mayor: j Date Approv Mayor for Submission to Council By i By • ;, _ ,� . n ; - �t � WM17E - CITYACLERK : � . . � PINK � FINANCE CITY OF SAI�NT PAULr� Council� ��'''``` � - - � CANARY -DERARTMENT �/ �/ ,{/�- ewe -M�voa File 1�0. �� Ord � - in�nce �inance N�. Presented�By - Referred To Comrr.ittee: Date Out of Committee By Date � Saction 3. � T�is ord nanca sha2l �e cle�ed a part of th� Saint Pau� Leqi�lativ aAd shsll be �iricorporat�d therein and giw�r► a� apprc� iate cha�p!ter and�or sectfon ntmiber at the ti4s of l;he r�t - is ot safd l�gi�lattive Cod�. r� / ?. . , ,: _ : - x � COUNCII. MEMBE Requested by Department of: Yeas ays , Dimond � �os ` In Favor coswitz Rettman ��;�� Against By : sonnea� � . Wils°° �`} Form Approv�bq City Attorne f•" Adopted by Council: D te ± � ` : �� Certified Passed by uncil ecretary BY � '�' �`'' � .� .� ` '' .�',' _ ,f', ,✓ BY � �'` � ' � Approved by Mayor• Date Approve¢`�by�Mayor for Submission to Council By BY � . . c,,:� v ' s ,. ' rs: Membe �� Janice Rettman, chair • � � GITY OF SAINT PAUL g��l Wilson .`iiii'E Ee�nJ � OFFIC� OF TFiE CITY COIINCIL Bob Long Datet July 6, 1989 JANICE RETTMAN �oun�l►Person Committee Report To: Saint Paul City Council � From : Comrr�unity and Human Services Committee Janic� Rettman, Chair A meeting of the Com�unity and Human Services Committee was held on Wednesday, July 5, 1989. � l. Approval of Minu�tes of June 21, 1989 meetin . _ Minutes approved; on 3-0 vote. . 2. City Council Age�nda 5/4/89, Item No. 21: Resolution - 89-773 - Approving the Lilydale/Harrie�' Island Master Plan and authorizing submission to the Metropolitan Co�ncil and authorizing proper City Officials to execute agreements � as necessa tr o acce t and im lement the Metro olitan Council rants for said develo ment. ( or referral to the Communit and Human Services Committee.) (To be continue June 21, 1989.) (Laid over to July S, 1989.) Recommended for' approval on 5-0 vote. To be brought in under Suspension of the Rules at Ju y 6, 1989 City Council meeting. 3. Cit Coundil A enda 1/5/89, Item No. 4: First Readin - 89-12 - An ordinance amendin the L islative Code b addin a new cha ter licensin ersonal ro ert locker fa ilit es. (For referral to the Communit and Human Services Committee.) (Laid over� to rch 1, 1989 for further review with Licensin , Health, Cit Atto�ne , and other a ro riate staff.) (Laid over to A ril 5, 1989 at Bob Lon 's re est. Jerr Se al's re ort due March 3, 1989.) (Laid over to June 21, 1989. (Laid over to Jul 5, 1989:) No recomm�endat'on made. 4. City ounci Akgenda 6/15/89, Item No. 1: First Reading - 89-1081 - An ordinance amendin Cha �'er 331 of the Le islative Code ertainin to food licensin b authorizing t e process of the summary closing of licensed food establishments, enacting the �tandards upon which closings should take place, and establishing a hearin and �a eal rocess subsequent to a summar closin . (For referral to the Commun t and Human Services Committee.) No recommenda�tion made. Public hearing before the City Council to be held on July 18, 1989�. . - I I ; CIT'Y HALL � ROOM NO. 718 SAINT PAUL, MINNESOTA 55102 612/298-5289 8+��46 . ,.. ._. _.._...-, ...... .,...:-. 1 ._ . �. : .... -..-.. ...:,�...,..,, . _ ' ._. . ..... .. , .. . . . _ .. . ..-.. . . . . -_.. . , .. _ .. . . , .. - ..._ _. ._. .. . ._' .�-_... � '�. . _.:�-. .:._.. _.. .. � �- . . . . ...: � . , . Community and Human Services Committee COMMITTEE REPORT July 6, 1989 Page Two S. Library Community Response (discussion item after District Councils' review • of new proposed strategic plan) . (Laid over to July 5, 1989 at Bill Wilson's request.) Laid over to July 19, 1989. cc: A1 Olson Ed Starr ' • i � ----'—__._.----_—�_RE_TURN _TO JEROME__SEGAL._A�'T��_8D4P_TIQI�I�----------------__ _ ---- WHITE •- CITV CLERK � �� . PINK • - FINANCE '' COUIIClI DI.UEpv-MAVORTMENT ; GITY OF SAINT PAUL File NO. �� • O/ WZ/`�/`CG Ordinance N O. Presented By Referred To Committee: Date Out of Committee By Date An orc�inance amending the Saint Paul Legislative Code �nd pertaining to personal property locker facil�ties ; requiring facilities to be licensed, bonded�, provide consumer protection, provide minimj.zm health and safety standards , and provide for u#�announced inspections of the individual units; by the City' s inspectors. � THE COUNCIL OFiTHE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That the � Saint Paul Legislative Code is hereby amended so as to add the following provisions thereto: .01 . IPurpose. The City Council determines that en- vironmen�tal and consumer protection concerns requires the cit of Saint Paul to establish and enforce enviro ental , safety, and consumer - protection - standar s for personal property locker facilities. Evidencel indicates that hazardous waste materials are at � times stored in personal property locker facilit�es and are unknown to employees and the general ; public who frequent these facilities. Pro- vision �must be made for access to personal locker facilit�es by city inspectors for necessary health and saf�ty inspections. .02. Definitions. For the purpose of this chapter, the fo!llowing terms shall have the meanings given to them' by this section: Fac�;lity operator• or operator. Facility operator or ;operator means the owner, operator, lessor, COUNCIL MEMBERS ' , Yeas Nays Requested by Department of: Dimond ��g In Favor Goswitz Rettman �b�;�i I Against BY Sonnen i Wilson Adopted by Council: D�ate Form Approved by City Attorney i Certified Passed by Council �ecretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council a.. i Bv . � �. �. : �:� : � , � . : - . . . _ �� ,� � .� _ or sub�.essor of a personal property locker facility, his a�ent or any person authorized by him to manage the facility, or to receive rent from a tena�t under a rental agreement. Hazardpus material. Hazardous material means a substance or agent manufactured or used by a bus�iness or an individual within the City of Saint Paul and which is : a) hazardous substance as defined in the Minnesota Empl�oyee Right to Know Act of 1983 , Minn. Stat. § 1$2.651 , Subd. 14; or b) hazardous materials as defined in Article 9 0� the Minnesota Uniform Fire Code established by 1'�Iinn. Stat. § 299r.O11 . Personal property. Personal property means movable propek�ty not affixed to land and includes but is riot limited to goods , wares , merchandise , and hbusehold items . Perso�nal property locker facility or facility. Persanal property locker facility and facility means real property that is designed, and used onlyl for renting or leasing individual storage encic¢sures , cubicles , or rooms to the general publyc under the following conditions : 1 ) ; the tenants have access to the storage en- cl�sures , cubicles , or rooms only for storing and removing personal property; 2) ; the operator does not issue a warehouse re�eipt, bill of lading, or other document of� title for the personal property stored in thie storage enclosures , cubicles , or rooms ; 3) the facility has four or more individual storage enclosures , cubicles , or rooms that ar,'e designed to be locked for security by the t�nant; , ' 2. � . - . . � . . ��-/� 4) t;he facility shall not be a facility subject to licensing by the State pursuant to Minn. Stat� § 231 . 16 . The te�rm does not include a garage used principally for p�rking motor vehicles or any property of a fir;iancial institution that contains vaults , safe ideposit boxes , or other receptacles for the �se, purpose , and benefit of the financial instit}ution' s customer, or bus terminal or airport type �torage facilities . Rate. � Rate means every individual or joint rate , charg�, or other compensation of every facility eithe� for storage or any other service furnished in cqnnection therewith, or any two or more such indiv�.dual or joint rates , charges , or other compe�sation of any facility practices , or contract relat�.ng thereto. Rent '1 agreement, agreement or lease. Rental agree�ment, agreement or lease means a written agre ment that is entered into by the operator and �tenant and that establishes the terms and cond tions of the tenant ' s rental and use of stor�ige enclosures , cubicles , or rooms at a facili- ty. � It shall include the following provisions : i a) ! a description of the dimensions and location of! the storage area rented; b) ' the rental rate and period for which the ra!te is guaranteed; c); an inventory and initial description of thle stored property; and d)i a statement of the amount, nature, and limits o� the operator' s responsibility in the event o� damage , theft, loss , or misdelivery of the t¢nant' s property and the amount of insurance cbverage by the rental agreement. The statement s1Ra11 be on the face of the rental agreement i� bold face print and in distinctive style a�d color as compared to the other print. ; ' ; � ; � � 3. . • , . i . � •.. : ; . . � _ . _ ��,/y Tenant; Tenant means a person, his sublease , succes$or, or assign who rents storage enclosures , cubicl�s , or rooms at a facility under a rental agreem�nt entered into with the facility operator. .03. �icense required; fee; term. (a) Li'icense required. No person shall operate a personal property locker facility without first having dbtained a license as herein provided. A separate � license shall be required for each location. The licer�se shall be a Class I license. (b) Fe�. The annual license fee shall be the sum of $ (c) Te�"m. The term of a license shall be one year. .04. � Application. Each applicant shall make applicat;ion to the license inspector on such forms and cor�taining such information as the inspector shall r quire . The application shall be made under oath, nd furnishing false information shall be a viola ion of this chapter in addition to any other laws or ordinances. .05. i Surety Bond. Every application for a license or ren�wal thereof shall be accompanied by a bond execute�i by a bonding or surety company authorized to do ;business in the State of Minnesota, in the amount ;of $10,000. 00, conditioned upon the assurance that di.�ring the term of such license the licensee shall ;continue to comply with the provisions of this dhapter and all laws of the city and state and td assure the protection of the tenants from damage,', theft, or conversion of their property. The t�nant shall have a cause of action against the ba'nd for reimbursement for any damages suffered as a r�sult of the licensee' s negligence or noncommpli- ance with the laws of the city. .06,'. Inspection. (a) Ir�spection. All personal property locker facili- ties �hall be inspected by the City of Saint Paul . Inspec;tion will occur at the inspector' s convenience . ' 4. : : . ' . � � � C�� /� The insp�ction shall include sanitation, environment, building ,' safety, maintenance , - (b) Indi!vidual unit keys/master key. All personal property ,' locker facilities shall maintain on the premises ; keys and/or a master key to each individual storage ,'unit, cubicle , enclosure , or room for the purpose iof inspections , maintenance , and compliance with th�s ordinance. The keys and/or master key shall be; made available to the police, fire , health inspecto$�, building inspector, and all other law ' enforcem�nt officers who desire entrance into each individu�l storage unit, enclosure , cubicle, or room for the performance of their duties. .07. Health and safety requirements. (a) Fir� protection. All facilities must be protected againstlfire by an automatic device or fire extinguish- er. E�tinguisher must be recharged at least once a year and tagged, showing .the date of such recharge. Where n automatic device is maintained, it must be kept in complete working condition at all times . Goods , ares , or merchandise must not be piled closer than lZlfeet from automatic devices. i (b) Cez�tificate of occupancy inspections. Personal propert� locker facilities shall comply with all relevanti building and fire code provisions , and shall k�e subject to mandated certificate of occupancy inspect�ions as required by the Legislative Code or Fir� Marshall . (c) Inspection required before opening. No building or striucture shall be used as a facility or branch facili�y until it has been inspected and approved. .08; Consumer protection. (a) Cpntract. The contract between the facility operatpr and tenant of a personal property locker facility must conform to the plain language of Minne- sota S�tatutes , § 325G.29 to . § 325G. 36 . 5. . ,�. � . . � . , G� �� . , . , , � . . i (b) Re}�t. Rental rates shall be maintained on file by ; the facility operator and made available for insp�ction by any interested party. Rates shall be the same for all persons and facility operators shall no�t discriminate as between tenants. Rental contracts,' shall provide that rental rates may not be incr�ased except upon providing tenant with at least l0idays written notice thereof. (c) Te�ant rights. To the extent applicable , the lease a reement between the facility operator and tenant s�hall conform to the provisions of Minnesota Statutes ; Chapter 504 and sections 514. 970 through 514.979 . ' � (d) Te�ant insurance. The -lease agreement between the fac�ility operator and tenant shall disclose clearly � and conspicuously the extent and limits of insurjance carried by the facility operator covering the ten�nt ' s personal property stored in the personal property' locker facility. If the facility operator does nat provide insurance coverage for tenant ' s personal� property, the facility operator must provide the ten nt or prospective tenant with an opportunity to pur hase personal property insurance through the fac ' lity operator. i .09. � Storage of hazardous materials prohibited. No tena�t shall store hazardous materials in a personal propertyr locker facility. A violation of this section shall b� a misdemeanor. Section 2. This o�dinance shall take effect and be in force thirty days from and� after its passage, approval and publication. , � i 6, I . i , . , . _ .. , , , . � _ � . , .. � • — - — -- -- _ —— '_____ _".'"+_.;Y '� l _ w _ , __ _ MIMFTE - CITV CIERK � � PINK • � FINANCE �, COUftC1I Q/ BLUERY-MAVpqTMENT , GITY OF SAINT PAUL File NO. �+ �I/� ; O/ dZn�nC`, Ordinance 1�0. Presented By Referred To Committee: Date Out of Committee By ' Date � Section 3. This ordi�nance shall be deemed a part of the Saint Paul Legislative Co�ie and shall be incorporated therein and given an appropriate chapter and/or section number at the time of the next revisiion of said legislative Code. , , , , i I i I I i � ' 7. COUNCIL MEMBERS , Requested by Department of: � Yeas Nays � Dimond �og In Favor Goswitz Rettman s�he;►�i Against By Sonnen Wilson . Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council S�cretary By By � Approved by Mayor: Date ' Approved by Mayor for Submission to Council Sv BY