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05-08-89 agendaCITY OF RICHFIELD, MINNESOTA Council Letter No. 115 Agenda May 8, 1989 Issue Statement: Request Hennepin County grant storm sewer easement for 6945 Penn Avenue South. Background: Residents and owners of property in this area were invited to a meeting held March 1, 1989 at which time the proposed improvement(s) were described and discussed. On May 4 city staff and representatives of the consulting engineer met with individual residents /owners to discuss specific concerns and with the residents /owners in a general meeting to discuss the overall project. It was agreed to proceed with the proposed improvements which consist of creating a ponding area midblock, in the back yards of several properties. 6945 Penn Avenue South is one of the properties scheduled for storm sewer improvements in 1989. It is currently in State ownership with Hennepin County serving in an administrative capacity. To proceed with the intended improvement, it will be necessary to request a storm sewer easement be approved by Hennepin County. It is our understanding Hennepin County typically seeks financial compensation when granting an easement. However, to keep the improvement project within cost estimates and because it will ultimately be an improvement rather than a detriment to the property, the request for easement should also indicate there will be no compensation for granting the request. Recommended Motion: Approve the attached resolution requesting Hennepin County to grant a storm sewer easement, at no charge, for improvements to the property at 6945 Penn Avenue South. Basis of Recommendation: 1. The City Council has authorized storm sewer improvements in the area of 69th /70th Street and Penn Avenue South. 2. The owners of all other properties affected by the proposed improvement have consented to provide a storm sewer easement without compensation. 3. It is necessary to have an easement for all properties affected, including 6945 Penn Avenue South, in order to construct the improvement. 4. Hennepin County is acting in an administrative capacity for the state owned land at 6945 Penn Avenue South. Alternative Recommendation: 1. Do not make any storm sewer improvements at this time in the area of 69th /70th Street and Penn Avenue South. 2. Request the consulting engineer to determine an alternate proposed improvement which does not directly affect the property at 6945 Penn Avenue South. However, the recommended improvement was selected by the Community Services Commission and City Council after long study. Discussion /Decision Mode: Council is asked to take action at the May 8, 1989 meeting so the request may be forwarded to Hennepin County as quickly as possible. It may take a month and a half to obtain County approval which is needed before construction may begin. Respe7anagger ly submitted, James rosser City JDP /ej a Attachment x//-11 RESOLUTION NO. RESOLUTION REQUESTING HENNEPIN COUNTY GRANT STORM SEWER EASEMENT FOR IMPROVEMENTS AFFECTING THE PROPERTY AT 6945 PENN AVENUE SOUTH P.I.N. 28- 028 -24 -33 -0159 WHEREAS, it has been determined that an increased level of storm sewer protection is desirable for the area including 6945 Penn Avenue South, and WHEREAS, the most reasonable method of increasing protection at a reasonable cost is to provide a ponding area which encompasses portions of the back yards of certain properties, and WHEREAS, all other property owners directly affected by the proposed improvement have agreed to provide a storm sewer easement without compensation, and WHEREAS, it is necessary to have a storm sewer easement for 6945 Penn Avenue if the proposed improvement is to be constructed, and WHEREAS, 6945 Penn Avenue South is currently in State ownership, and WHEREAS, Hennepin County is acting in an administrative capacity for 6945 Penn Avenue South, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the city manager is hereby directed to request Hennepin County approve a storm sewer easement, without compensation, for 6945 Penn Avenue South. Adopted by the City Council of the City of Richfield, Hennepin County, Minnesota, this 8th day of May, 1989. Steven J. Quam, Mayor ATTEST: Thomas P. Ferber, City Clerk //-Z , CITY OF RICHFIELD, MINNESOTA Council Letter No. 114 Agenda, May 8, 1989 Issue Statement: Offstreet parking permit at 6613 Penn Avenue. Background: William Sharpe, Jr. has requested an offstreet parking permit at 6613 Penn Avenue South. Currently development on the property consists of a single, vacated structure. The parcel is located in a C -2 General Commercial zone district. The applicant intends to remove the existing structure and replace it with a 53' -0" by 63' -0" building which will house a dry cleaning service. A drive -thru pick -up window will be located on the north side of the proposed structure. Adequate area appears to have been set aside for stacking of cars using the drive -thru window. Recommendation: Approve the offstreet parking permit. Basis of Recommendation: 1. All applicable zoning requirements - including number of parking spaces, curb cut and screening - have been met or exceeded by the applicant. The PASSS moretorium does not apply to this property because applicant had acquired his status to develop before such went into effect. 2. The abutting properties to the east are zoned "R ", Residential and are used for single family residential use. The applicant has indicated that an existing fence located on the east property line will remain. Also, additional landscaping will be added to further reduce the impact the proposal has upon the abutting properties. 3. The landscape plan, as proposed, has been reviewed and meets staff approval. However, some additional landscaping next to the trash enclosure could reduce the visual impact that structure has upon the site. 4. The drainage plan has been approved by the City Engineer. Alternative Recommendation: City Council may deny the offstreet parking permit. Decision Mode: This item is scheduled for Council action at the May 8, 1989 City Council meeting. Res fully submitted, J D. Prosser City Manager JDP : sae Flo XERXES AVE WASHBURN VINCENT UPTON THOMAS SHERIDAN RUSSELL QUEEN PENN AVE. OLIVER NEWTON MORGAN LOGAN KNOX JAMES IRVINc HUMBOLDT GIRARD FREMONT EMERSON DUPONT COLFAX BRYANT ALDRICH LYNDALE AVE. GARFIELD HARRIET GRANC PLEASANT PILLSBURI WENTWOBTI SLAISDELI NICOLLET AVE Ia STEVEN! 2. 3, CLINTOi 41 51 PORTLAND AVI OAKL AN PAR COLUMSU CHICAG ELLIC 101 11 1 12 I 13 14 Is BLOOMINGT( 16 17 IB CEDAR Al LONGFELL( S 2 M — i n n .Z C O 4 CT7 -K c� Z z P V � H N H 1 T I� H M N L. n r 0 N N p 'o N r XERXES AVE :ASHBURN VINCENT -- 1) UPTON J THOMAS SHERIDAN RUSSELL QUEEN T PENN AVE. n OLIVER J-- NEWTON 7� MORGAN LOGAN 1I� KNOX JAMES �J ( IRVINc �. 31 3�li HUMBOLDT I I GIMRD FREMONT EMERSON � I DUPONT COLFAX BRYANT , ALDRICH LYNOaLE avE. 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MM---------- —_ ___— ___ 11- 4N1111.. --W-„- M-- �IIIIIIII. -.- •_�_ 1M�N -1 't't iltik dil SIAM !@ELM fWvW R 00%%W fW~ ZONE M i!i Lem �■ ,;, - - -- �■ ■fir women ~1 Oak M CITY OF RICHFIELD, MINNESOTA Council Letter No. 113 Agenda May 8, 1989 Issue Statement: Frst reading rental licensing and point of sale ordinance. Background: The Richfield City Council has previously reviewed the feasibility of adopting a point of sale /rental property licensing ordinance. The ordinance would specifically require periodic inspections of rental housing and point of sale inspections for owner - occupied properties. The ordinance has been discussed at some length at study sessions on April 6 and May 4, 1987, and on March 6, 1989. The ordinance initially was presented for first reading consideration on June 8, 1987, and tabled at the second reading held on July 13, 1987. At the March 6, 1989 Study Session, Council directed staff to: s Publicize the proposed ordinance in Your City /Your Schools which was accomplished in the last edition of that publication. s Bring back for first reading after that publicity had occurred. The feedback to date related to that publication has been essentially none. Staff has received one anonymous letter supporting a more vigorous property maintenance ordinance. The primary reasons for recommending this ordinance for adoption include the following: 1. Property maintenance and building code ordinances have been successfully implemented in a number of communities as a method to improve the overall level of property maintenance in a community. 2. Richfield residents have expressed support for property maintenance ordinances. This was evidenced in the recent community survey conducted by Decisions Resources, Inc. 3. The Housing and Redevelopment Authority has recommended adoption of this ordinance. The concerns previously expressed to the City Council include the following: s There was a desire to decrease the cost of the inspections. s Several property owners indicated there was no need for the ordinance since most multi - family units were generally well kept. s Existing property maintenance ordinances are sufficient to respond to concerns. s Less frequent inspections for rental units would be sufficient to achieve the objective. Summary of responses provided to these objections included the following: s The estimate of cost to administer the program was based on experience of other communities. The actual cost of the program in Richfield may actually be less. Staff has developed a conservative estimate approach so that a fee may be set that would less likely require an increase in the near future. Fee setting was developed on a conservative basis to avoid criticism that an unrealistically low fee was initially established in order to get the program implemented and then staff would plan to increase the fee after. s This ordinance generally enforces existing ordinances. Its primary purpose is to provide the city the necessary tools to inspect inside properties on a periodic basis. These inspections are more likely to cover maintenance problems before they become serious. Periodic inspections also are more likely to generate better overall maintenance for rental properties. Current inspections are limited to complaint responses, generally. e This ordinance would provide inspections of rental property on the average of every one to two years. Providing less frequent inspections would not provide optimum effectiveness. A significant portion of this maintenance inspection relates directly to general maintenance and housekeeping type issues. Less frequent inspections may yield a situation where problems are more difficult to correct because they have not been addressed. Less frequent inspections also yield a result where once every three to four years the property owner fixes and corrects problems and then lets general maintenance slide until the next inspection. The most significant issue is the experience of other communities. That experience indicates that inspections of about every two years yield the results of improved property appearance. Designing a program that in some way rewards good rental property owners by not requiring as frequent inspections is quite troublesome. First, it should be noted that those property owners that do not maintain their property well are more likely to be inspected more frequently in any case. Second, designing a program that provides less frequent inspection for well- maintained property may sound good in theory, but is difficult to implement in practice. Specifically, the continuum for property maintenance is likely to indicate that a certain percentage of rental property owners do maintain their property very well, and a certain number are extremely lax. The most significant portion of rental property would fall in- between these extremes. It is difficult to design standards that would be acceptable to those who fall into this immediate category. Staff and the Council could become embroiled in frequent controversies regarding qualifications to enter into this special category. s Number of inspections. Staff estimates that the number of inspections required is based on data provided by our Community Development Department. Their information lists 4,575 apartment units, 374 duplexes, and 500 non - homesteaded, single family homes in the city. Home sales in the city have averaged about 500 a year, with a range from 200 -700. Our inspection experience with current building and fire inspection indicates that each apartment building and house will require 1.5 inspections. That is, for every two inspections that we perform, one will require that we do a follow -up inspection. For the apartment unit inspections, we will need 1.2 inspections. The annual total number of inspections required to enforce this ordinance will be approximately 7,549. Staff estimates that on an annual basis, it is estimated that approximately 2500 hours will be spent conducting inspections. This is based on the experience of St. Louis Park where they have a similar program and this ordinance is similar to the one in St. Louis Park. Staff is recommending that to operate this program with the assumption that inspectors will be devoting 20 -30 hours per week doing the work, and the balance used for report writing, filing, training, lunch breaks, etc., two inspectors will be required to implement the program and one administrative clerk. s Program Costs. Nearly all of the programs cost is personnel cost. The annual salaries for the positions 9 �y other communities who have similar programs. The amounts reflect the entire cost of each position; i.e., salary plus all fringe benefits such as vacation, holidays, health, life, pension, etc. Also the amounts are based upon salary ranges from communities that use a similar system. Housing Inspectors (2) S 70,000 Clerical (1) 22,000 Administration, office supplies, forms, etc. 20,000 TOTAL $112,000 e Revenues. The revenues are based on the proposed fee schedule in the attachment. The schedule considers the time needed per inspection, point of sale (apart- ment building and rented houses will take the most time -- about 45 minutes); therefore, these occupancies have a higher fee than apartment units which will take less time. ® Evaluation. Council has directed staff to propose an evaluation process for this ordinance. There are two approaches to the evaluation process that could be used. One could be as described in the letter from Decision Resources, Ltd., which is attached. The other could be something much more simple to include that staff would simply keep track of the number of units inspected, the amount of violations that have occurred, the number of violations corrected within the time frame given, and then on reinspection in subsequent years, whether or not those violations continued to reoccur. It is staff's belief that once people get used to an ordinance similar to this, the violations would not reoccur, but that in fact people would begin complying and, as such, repeat violations would be less frequent. Recommendation: Staff recommends a first reading of an ordinance that will license rental properties to include apartments, multi - family residences, duplexes and an ordinance which provides for a point of sale inspection by city building officials prior to the transfer of the residence to a new owner and that the ordinances be scheduled for second reading, public hearing for June 12, 1989. Basis Of Recommendation: Council has previously directed staff to prepare this ordinance for first reading. In that direction, the Council also directed staff to publicize the proposed ordinance which was done in the last edition of Your City /Your Schools and staff has received no unfavorable comments as a result of that. The recent community survey indicates strong support for reconsideration of this particular ordinance. The HRA and the Council has also stated renewed interest in this ordinance. Alternative Recommendations: 1. The City Council could decide to do nothing; that is, leave the current ordinances in effect essentially meaning that staff could only do inspections based on complaints. 2. The Council could direct staff to research additional ordinances related to this topic. Discussion /Decision Mode: The revised housing maintenance licensing ordinance has been submitted for first reading at the May 8, 1989 Council Meeting. Respectf ly submitted, James Iger Prosser City JDP:sae MAY 82 '89 12:58 HOLMES & GRAVEN B&It, NO. 1989 AMENDMENT TO CHAPTER BI, PART W OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: P. 2- Chapter IV of the Ordinance Code of the City of Richfield entitled "Building, . Housing and Construction Regulations" is hereby amended In the following respect: I. The City Code is emended by adding new section 405,25 to read: 405.25, . INSPECTION AND LICENSING OF APARTMENT HOUSES Subd.,1. DEFINITIONS. For the purposes of this Section the terms defined herein"fiaveowing meanings. (1) "Apartment house" means a building containing three or more dwelling units. (2) "Apartment ", "apartment unit" or "dwelling unit" means a room or group of rooms located within a building and forming 4 single ' habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. (3) "Rental Home" means a one or two-family dwelling which is occupied by persons other than the owner. (4) "Family" means . one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. The. term "family" does not include a group of individuals, exceeding three in number, not related by blood, marriage or adoption. 'Me. term "family" includes necessary employees. (5) "housing Code" means sections 405.01 through 405.23 of this code together with the Uniform Housing Code as adopted by section 400.03 of this code. (6) All other definitions contained in section 405.01, subdivisions 1 -20 are incorporated in this section by reference and made a part. hereof. 1 MAY 02 '89 12:59 HOLMES & GRAVEN R•S Subd. 2. LICENSE RE2UIRED. (1) General Rule. It is unlawful for any person who is an owner of an apartment house or an owner of a rental home to operate such apartment house or rental home without first having obtained a license under the provisions of this section. (2) Exce tions. Apartment houses and rental homes which are. existing and in operation prior to March 11 1990 may continue to operate notwithstanding the requirement of paragraph (1) of this Subdivision, provided a complete application therefor has been submitted ' to the City prior to March 1, 1990 in accordance with paragraph (1) of Subdivision 3 of this Section. Such operation may continue until a final determination is made by the City not to Issue a license. Subd. 3. LICENSING PROCEDURE. (1) Prior to March 1, 1990 the owner of.an apartment house or owner of a rental home shall apply to the building official for the license required by subdivision 2 of this section. Application shall be made on forms provided by the city and accompanied by -the initial fee required by subdivision 7 of this section. The owner of an apartment house or rental home constructed after said date shall submit a license application . prior to actual occupancy of any apartment unit or rental home. (2) Application: Contents and Ins 0etion. The application shall contain 'such orma on as the building official may require to assess compliance with the housing code and this section. - After receiving an application and prior to granting .a license the building official is authorized to require such inspections as are necessary to assure compliance with the housing code and this section. (3) issuance of Licenses.. If the building official finds that an apartment house or rental home complies with requirements of the housing code and this section, the building official shall issue the license. If an apartment house or- rental home is not in compliance with the housing code and this section the building official shall deny the license, specifying in writing the defects, and shall notify the applicant. The applicant shall have a 60 day period from receipt of such notice to correct the defects specified, but only if the defects . do not create an imminent hazard. The building official may, in his discretion, authorize additional time for compliance. If the license is denied, no occupancy of dwelling units then vacant, or which become vacant, is permitted until a license has been issued. Apartment units within an unlicensed apartment house ,for which a license application has been made and which units are in compliance with the housing code may be occupied provided that non-complying units within the apartment house do not create an imminent hazard to the health and safety of persons in occupied units. Such occupancy may continue until a final determination on the granting or denial of the license is taken by the city. 2 .. MAY 02 189 12:59 HOLMES 4 GRAVEN P•4 (4) In any instance where the budding official has denied an, application for a license the applicant may appeal the decision to the director of public safety by delivering to the .director a notice of appeal within ten .(10) days of receipt by the applicant of notice of the building official's decision. In the event the decision of the director of public safety sustains the decision of the building official In whole or in part, the applicant may appeal such decision to the city manager by delivering to the manager a notice of appeal within ten (10) days of receipt by the applicant of notice . of the director of public safety's' decision. In the . event the decision of the city manager sustains the decision of the director of public safety in whole or in part, the applicant may appeal such decision to the city council by delivering to the city clerk a notice of appeal. within ten (10) days of receipt by the applicant of notice of the city manager's decision. The decision of the city council or any decision by the building official, the director of public safety or the city manager which is not appealed in accordance with this paragraph shall be deemed a final determination by the,eity. Subd. 4. LICENSE: RENEWAL: TRANSFER. The term of a license granted under this section is one year from the date of issuance. The license must be renewed annually thereafter. The. license is transferable upon application to, the. budding official, and payment of the license transfer fee by the prospective'owner, provided that the apartment .house or rental home is in compliance with the housing code. The license shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the apartment house. Subd. 5. LICENSES: SUSPENSION; REVOCATION. A license issued or renewed under this section may be suspended upon a -finding of - -- noncompliance with this section by the building official, and written notice to the licensee. Upon failure of the licensee to comply with the notice of violation, the license may be .revoked or suspended in the manner provided by section 1005.21 of this code. Reinstatement of a suspended license shall be accompanied by an amount equal 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Subd. $. LICENSES: DISPLAY. Licenses issued under this section shall be displayed on the premises of the apartment house or rental home, wherever feasible and produced upon demand of a prospective tenant, the building official or his authorized representative. Except as otherwise provided in this section all provisions of sections 1005 10 to 1005.23 of this. code are applicable to licenses issued under this section. Subd. 7. FEES. The fees for licenses required by this section are in the amounts establihs eheh d in Appendix D of this code. A license fee, or license transfer fee which is. not paid on the date due shall be increased by a 106 penalty for each month or portion thereof during which said fee remains_ unpaid. 3 .MAY 02 ' e9 13:00 HOLMES & GRAVEN P. S. Subd. 8.. COMPLIANCE WITH MINNESOTA STATUTES. Nothing in this section is inf eiRreTro modify or abrogate t c rights enants of apartments units or owners of apartment houses granted by' Minnesota Statutes, sections 566.18 to 566.33. The city manager may designate, subject to city council approval, administrators to carry out the duties assigned by the court pursuant to said statutes. Subd. 9. REMEDIES. Violation of the provisions of this section is a misdemeanor. In add o , the ei,ty may enforce the provisions of this section in any court of competent jurisdiction in law or equity. Subd. 10. REPORT. Prior to January 1, 1985, the city manager shall submit to the city ocouncil a report on regulatory activities of the city undertaken pursuant to this section. The report shall include; the number of licenses granted; the number of rental homes, apartments and apartment units licensed; recommended amendments to the ordinance; recommended adjustments to city staff to ensure satisfactory enforcement; a summary description' of enforcement activities' undertaken -to enforce the provisions of this section; and any other information or comments. deemed by the manager to be appropriate... H. The city code is.amended by adding new Section 405.26 to read. 406.26. CERTIFICATE OF HOUSING MAINTENANCE COMPLIANCE Subd. 1. CERTIFICATE REQUIRED. (1) Na single or two family structure or dwelling unit which is a part of a ' multiple dwelling located within the city may be voluntarily conveyed for consideration by deed or contract for deed after January 1, 1990, unless the person relinquishing ownership or the agent of such person has first applied for and secured a certificate of housing maintenance compliance. (2) This section shall not apply to any apartment house or rental . home licensed under section 405.25 of this. code, and shall have no effect upon the provisions of law or other ordinances related to the issuance of building permits.. Subd. 2. APPLICATION AND INSPECTION. (1) Application for the certificate of housing maintenance compliance shall be executed upon forms provided by the city, and accompanied by the initial fee established in Appendix D of this code. (2) Upon receipt of a properly executed application the building official shalt cause an inspection to be made of the premises to ensure - that the structure is in compliance - with applicable provisions of 'sections 405.01 through 405.23 of this code (the housing maintenance code). Subd..3. ISSUANCE OF . CERTIFICATE. If the structure is in compliance with the requirements W the housing maintenance code, a 11i i U. 137 L-13. U.L MUL -11r-n Zi L.MK _ Vt _i P.6 7 certificate shall be issued to the person relinquishing ownership or the agent thereof, stating that the structure'has been inspected and is in compliance with the housing maintenance code. During. the period of one year following Its issuance, a certificate may be accepted by the city in satisfaction of the requirements of this section without the treed for a second inspection. Subd. 4. OCCUPANCY PROHIBITED. The person relinquishing ownership or their designated agent shalt obtain the certificate from the city prior to transfer of ownership. The prospective owner shall not occupy the structure prior to .issuance of the certificate, except pursuant to subdivision S. Subd. 5. OCCUPANCY. A person may be granted permission to occupy a dwelling p or to issuance of the certificate. upon the approval of the building official. The approval shall tae based upon undue hardship or other extraordinary or exceptional circumstances, ''provided that no such occupancy constitutes an immediate hazard. Approval shall not be given until the prospective owner or designated agent has filed on forms supplied by the city, a statement of intent to comply with the housing maintenance code. Compliance dates in the statement of intent to comply shall be established by the building official. Failure to make' the required corrections by the compliance dates shall constitute a violation of this code and shall render void any approval given pursuant to this subdivision. Subd. S. ADDITIONAL INSPECTIONS. If following the issuance of a certificate, the city finds by complaint or otherwise that the structure may be maintained in a substandard manner, a new inspection will be required in order. to satisfy the requirements of this section. Subd. ?. NO WARRANTY BY CITY. - By enacting - and undertaking to enforce thus section neither the ty or its council, agents or employers warrant or guarantee the safety, fitness or suitability of any dwelling in the city, and any representation to the contrary by any person is a misdemeanor. Purchasers or occupants, should take whatever steps they deem appropriate to protect their interests, health, safety and welfare prior to purchase or occupancy of the dwelling, without reliance on this certificate. A warning. in substantially the foregoing- language shall be printed on the face of the certificate. . Subd. 8. REPORT. Prior to January 1, 1995, the city manager shall submit to the cit-council a report on the regulatory activities of the city undertaken pursuant to this section. The report shall include: the number of certificates issued; recommended amendments .to the ordinance; recommended adjustments to city staff to ensure adequate. enforcement; a summary. description of enforcement activities undertaken to enforce the provisions of this section; and any other information or comments deemed by the manager to be appropriate. Subd. 90 REMEDIES. Violation of the provisions of this. section is a misdemeanor. In ad uric eity may enforce the provisions of this section in. any court of competent jurisdiction in law or equity. M. This ordinance is effective. on January 3, 1990. I 17 Brooklyn Center` Single family - $25.00 (2 years) Duplex. - $25.00 1 unit $35.00 2 units Multi - family - $20.00 per building and $5.00 for each add. unit Bloomington Apartment and Townhouses : $50.00 for first 2 units and $ 6.00 for each additional unit Duplex: if owner lives in one side there is no fee, If both sides.renters charge is $36.00 New Brighton Multi Family $5.00 per unit per year with a minimum of $15.00 St. Louis Park License fees for 1 or 2 buildings $30.00 multi - family 3 to 9 buildings $60.00 10 or more $120.00 Inspection fees for 3 -5 units $ 6.00 multi-family. 6 -10 5.50 11 -20 5.00 21 -40 4.50 41 -100 4.00 101 -200 3.50 200 & up 3.00 4 i Y J Inspection Fee Schedule for Rental Licensing and Point of Sale Ordinance Typ—e Number Fee Revenue Apartment Buildings 200 $50.00 $ 4,000.00* (the building itself, laundry, storage, furnace rooms, cor- ridors, stairs) Apartment Units 4575 7.50 34,312.00 Duplexes 374 50.00 18,700.00 1- Family • 500 50.00 25,000.00 1- Family 500 50.00 •25,000.00 (Point of sale) TOTAL $107,012.00 *The first four apartment units would be included in this fee, so that amount is deducted here and included in the next figure. 4 Decision Resources Ltd. March 1, 1989 Mr. Jack Erskine Director of Public Safety City of Richfield City Hall 6700 Portland Avenue Richfield, Minnesota 55423 Dear Mr. Erskine: When you asked me to consider methods of evaluating the effectiveness of the proposed rental unit inspection ordinance, I had no idea that straighforward techniques could not be readily applied. I had hoped that statistical methods had progressed sufficiently so that some sort of standard measurement could be used; unfortunately, they have not! So, instead, it will be necessary to approach the evaluation problem from several perspectives. The starting place in any evaluation procedure is to first pre- set the desired outcomes from the ordinance. Clearly, Richfield would hope to reduce the number of "eyesore" rental units within the city. Code violations in the longterm should witness a decline. Unfortunately, the aggregate number of violations will not initially witness this decrease. In the short run, an actual increase in violations will be noted because of the increased "tagging" due to more rigorous enforcement. The expected phenomenon, then, would be an increase in violations during the preliminary implementation period followed by a decline over time. This is referred to in the policy evaluation literature as an "adoption curve" and follows a predictable, testable pattern. The tracking of these number$ is fairly straightforward. If the ordinance is effective, a decrease in repeat offenders should be witnessed after the initial implementation period. This will be achieved through one of two processes: first, owners will comply with the more rigorous enforcement of codes; or second, owners will sell their property to new managers who will be more likely to comply. The tracking of these numbers should also be fairly simple. Over time, a decrease in readily visible violations should be 3128 Dean Court • Minneapolis. Minnesota 55416 • (612) 920 -0337 u anticipated. However, a similar statement about non - obvious violations cannot be made. The nature of code violations should change from the former to the latter as owners become more familiar with the parameters of the law. Again, this is a simple tracking process. These types of measurement, however, are internal and time series comparisons. They do not permit complete assurance about the impact of the ordinance as separated from factors which may be influencing violations totally external to city activities. In other words, is it the new ordinance or was something happening in the suburbs at the time which could provide an alternative explanation? We do not have the luxury of totally precluding all competing explanation, unless the City would like to selectively enforce the new ordinance and allow a random selection of a test site! But, we can add some certainty to the evaluation process by devising a structure that would allow comparisons between Richfield and one or two other communities. Granted, there would not be a one -to -one relationship between Richfield and the other municipalities, but careful selection could minimize the major differences. Ideally, one community without a similar enforcement policy change and one which has instituted a change in the past should be used as comparative bases. A trained researcher would be able to standardize data collection and maximize comparability. I would anticipate that the project could be completed in a very cost - effective manner and would not require a significant time expenditure. The combination of time series and longitudinal techniques, the two types of measures suggested, are referred to generically as "quasi-experimental methods." While they do not permit evaluators to be absolutely certain about the impact of a public policy, they do allow the rejection of most major and serious alternative explanations for any noted changes. And, when used with care, they can provide a sound basis for assessing the impact of adopted policies. I hope that this discussion sufficiently addresses your concerns. In summary, while absolute certainty about the impact of an ordinance can be judged only under extremely rare circumstances -- usually illegal -- sound and defensible judgments can be made. We would be most interested in pursuing a rational evaluation strategy and cost- effective data analysis framework with you, if the need arises. Sincerely, William D. Morris, Ph. . President C t!1 o rn -� rn a � rn C n m C Z .. ° 3 e o e d � T � rn a C > T T ° ' o a o A = -o 3 � rn ,___\ Richfield City Code Section 405 — Housing code. 405.01 405.01. Definitions. Subdivision 1. The terms defined in this subsection have the meanings given them. Subd. 2. "Basement" means a portion of a building located partly under- ground, but having less than half of its clear floor -to- ceiling height below the average grade of the adjoining ground. Subd. 3. "Dwelling" means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined is not a dwelling. Subd. 4. "Dwelling unit" means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. Subd. 5. "Extermination" means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods approved by the health officer. Subd. 6. "Garbage" means the animal and vegetable waste resulting from the 1 handling, preparation, cooking and consumption of food. Subd. 7. "Habitable room" means a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or commu- nicating corridors, closets and storage spaces. Subd. 8. "Enforcement officer" means the director of public safety. Subd. 9. "Infestation" means the presence, within or around a dwelling, of any insects, rodents, or other pests. Subd. 10. "Multiple dwelling" means any dwelling containing more than two dwelling units. Subd. 11. "Occupant" means any person over one year of age living, sleep- ing, cooking or eating in or having actual possession of a dwelling unit or rooming unit. Subd. 12. "Operator" means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let. Subd. 13. "Ordinary minimum winter conditions" means the temperature fifteen degrees Fahrenheit above the lowest recorded temperature for the previ- ous ten year period. Richfield City Code 405.01, Subd. 14 Subd. 14. "Owner" means any person who, alone or jointly or severally with others: (a) has legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or (b) has charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, adminis- tratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance and of rules and regulations adopted pursuant thereto to the same extent as if he were the owner. Subd. 15. "Plumbing" means and includes all of the following supplied facilities and equipment: water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bath -tubs, shower baths, installed clothes- washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water or sewer lines. Subd. 16. "Rooming unit" means any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping but not for cooking or eating purposes. Subd. 17. "Rooming house" means any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. Subd. 18. "Rubbish" means combustible and noncombustible waste materials, except garbage; and the term includes the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust. Subd. 19. "Supplied" means paid for, furnished, or provided by or under the control of the owner or operator. Subd. 20. "Temporary housing" means any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utility system on the same premises for more than 30 consecutive days. 405.03. Application of section. This section applies to dwellings, dwelling units, rooming units, rooming houses, temporary housing and premises located within the city. 405.05. Inspection of dwellings, dwelling units, rooming units and premises. Subdivision 1. The enforcement officer is authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within a city in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the enforcement 9 �7 Richfield City Code 405.05, Subd. 2 !� officer may enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit or rooming unit, or the person in charge thereof, shall give the enforcement officer free access to such dwelling, dwelling unit or rooming unit and its premises, at all reasonable times for the purpose of such inspection, examination and survey, subject to the provision of subdivision 3. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this subsection. Subd. 2. Search warrant. If an occupant or owner of a dwelling or dwelling unit will not give free access to the health officer, such officers shall first obtain a search warrant from a court with proper jurisdiction before entering upon the premises to which access has been denied. Subd. 3. Adoption of rule and regulations by the enforcement officer. The enforcement officer may make and adopt written rules and regulations as are necessary for the proper enforcement of the provisions of this section subject to the provisions for public hearing in subdivision 4; provided that the rules and regulations shall not be in conflict with the provisions of this section, this code or any other applicable law. The enforcement officer shall file a certified copy of the rules and regulations with the clerk. The rules and regulations shall have the same force and effect as the provisions of this section, and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this section. Subd. 4. Public hearing. Prior to the adoption of rules and regulations pursuant to subdivision 3, a public hearing shall be held before the board of health for the presentation of any proposed rules or regulations. Notice of the public hearing shall be published at least two weeks before the hearing. 405.07. Housing code adopted. The 1982 edition of the uniform housing code is adopted by reference. 405.09. Minimum standards for basic equipment and facilities. Subdivision 1. General rule. No person may occupy as owner - occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the requirements of this subdivision. Subd. 2. Kitchen sink. Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the enforcement officer. Subd. 3. Flush toilet. Every dwelling unit except as otherwise permitted under subdivision 5 shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the enforcement officer. Richfield City Code 405.09, Subd. 4 -171 Subd. 4. Bath. Every dwelling unit except as otherwise permitted under subdivision 5 shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the enforcement officer. Subd. 5. Shared facilities. The occupants of not more than two dwelling units may share a single flush water closet, a single lavatory basin and a single bathtub or shower if: (a) neither of the two dwelling units contains more than two rooms; provided that, for the purposes of this subdivision, a kitchenette or an effi- ciency kitchen with not more than 60 square feet of floor area shall not be counted as a room; and (b) the habitable area of each of the dwelling units shall equal not more than 250 square feet of floor area; and (c) the water closet, lavatory basin and bathtub or shower shall be in good working condition and properly connected to a water and sewer system approved by the enforcement officer. Subd. 6. Connections. Every kitchen sink, lavatory basin and bathtub or shower required under the above provisions shall be properly connected with both hot and cold water lines. Subd. 7. Rubbish storage. Every dwelling unit shall be supplied with adequate rubbish storage facilities, the type and location of which are approved by the enforcement officer. Subd. 8. Garbage disposal. Every dwelling unit shall be supplied with adequate garbage disposal facilities or garbage storage containers, the type and lncatinn of which are annroved by the enforcement officer. Subd. 9. Water heating. Every dwelling shall have supplied water- heating facilities which are properly installed, maintained in safe and good working condition, properly connected with the hot water lines required under the provisions of subdivision 6, and capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, or shower at a temperature of not less than 120 degrees Fahrenheit. The supplied water - heating facilities shall be capable of meeting the requirements of this subdivision when the dwelling or dwelling unit heating facilities required under subsection 405.11 are not in operation. Subd. 10. Egress. Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this state and this code. 405.11. Minimum standards for light, ventilation and heating. Subdivision 1. General rule. No person may occupy as owner- occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the requirements of this subsection. �`y y Richfield City Code 405.11, Subd. 2 Subd. 2. Windows, air and light. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window glazed area for every habitable room shall be eight percent of the floor area of such room. Whenever walls or other portions of structures face a window of any room and the light- obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight -type window in the top of such room, the total window area of such skylight shall equal at least fifteen percent of the total floor area of such room. Subd. 3. Windows: specifications. Every habitable room shall have at least one window or skylight which can easily be opened, or other device which will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45 percent of the minimum window area size or minimum skylight -type window size, as required by subdivision 2, except where there is supplied some other device affording adequate ventilation and approved by the health officer or sanitarian. Subd. 4. Bath: windows. Every bathroom and water closet compartment shall comply with the light and ventilation requirements of habitable rooms contained in subdivisions 1 and 2, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the enforcement officer. Subd. 5. Electrical outlets. Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room of such dwelling shall contain at least two separate floor or wall -type electric convenience outlets, or one such convenience outlet and one supplied ceiling -type electric light figures; and every water closet compart- ment, bathroom, laundry room, furnace room, and public hall shall contain at least one supplied ceiling or wall -type electric light fixture. Every outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner. Subd. 6. Heating. Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of safely and adequately. heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a tempera- ture of at least 70 degrees Fahrenheit, at a distance three feet above floor level, under ordinary minimum winter conditions. Subd. 7. Stairways: lights. Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an ade- quate lighting system which may be turned on when needed, instead of full -time lighting. Richfield City Code 405.11, Subd. 8 Subd. 8. Insects: screening. During that portion of each year when the enforcement officer deems it necessary for protection against mosquitoes, flies or other insects, every door opening directly from a dwelling unit to outdoor space shall be supplied screens and a self - closing device; and every window or other device with - openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens; provided that the screens shall not be required during such period in rooms deemed by the health officer or sanitarian to be located high enough in the upper stories of buildings as to be free from such insects, and in rooms located in areas of the city which are deemed by the health officer or sanitarian to have so few insects as to render screens unnecessary. Subd. 9. Basements: screens. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance. 405.13. General requirements relating to the safe and sanitary maintenance of parts of dwellings and dwelling units. Subdivision 1. General rule. It is unlawful to occupy as owner- occupant or let to another for occupancy any dwell- ing or dwelling unit, for the purpose of living therein, which does not comply with the requirements of this subsection: Subd. 2. Structure. Foundations, floors, walls, ceilings and roofs shall be reasonably weathertight, watertight and rodent proof; shall be capable of affording privacy; and shall be kept in good repair. Subd. 3. Windows, entries. Windows, exterior doors and basement hatchways shall be reasonably weathertight, watertight and rodent proof; and shall be kept in sound working condition and good repair. Subd. 4. Exterior structures. Inside and outside stairs, porches and appurtenances thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. Subd. 5. Plumbing fixtures. Plumbing fixtures and water and waste pipes shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions. Subd. 6. Water closets, floor surfaces. Water closet compartment floor surfaces and bathroom floor surfaces shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. Subd. 7. Supply facilities. Supplied facilities, pieces of equipment or utilities which are required under this subsection shall be so constructed or installed that they function safely and effectively, and shall be maintained in satisfactory working condition. Subd. 8. Discontinued or removed facilities. No owner, operator, or occupant may cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued from any occupied dwelling let or occupied by that person, except for a temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the enforcement officer. 7,-,-2-/ Richfield City Code 405.13, Subd. 9 Subd. 9. Basement windows. Basement or cellar windows used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or other device which will effectively prevent their entrance. 405.15. Minimum space, use and location requirements. No person may occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements: (a) every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space to be calculated on the basis of total habitable room area; (b) in every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof; (c) no dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment; (d) at least one -half of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof; and (e) no basement space shall be used as a habitable room or dwelling unit unless: (1) the floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness; (2) the total window area in each room is equal to at least the minimum window area sizes as required in subsection 405.11; and (3) the total of openable window area in each room is equal to at least the minimum as required under subsection 405.11, except where there is supplied some other device affording adequate ventilation and approved by the enforcement officer. 405.17. Responsibilities of owners and occupants. (a) The owner of a dwelling containing two or more dwelling units is responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. (b) The occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof occupied and controlled by the occupant. 77,-,U- Richfield City Code 405.19 (c) The occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by subsection 405.09, subdivision 8. (d) The occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers required by subsection 405.09, subdivision 8. It is the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases it is the responsibility of the occupant to furnish facilities or containers. (e) The occupant of a dwelling or dwelling unit is responsible for hanging all screens and double or storm doors and windows whenever the same are required under this provision of this section or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply the service. (f) The occupant of a dwelling containing a single dwelling unit is responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit is responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this paragraph, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonably insect proof condition, extermination is the responsibility of the owner. Whenever infestation exists in two or more of the dwelling unit in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling unit, extermination thereof is the responsibility of the owner. (g) The occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. 405.19. Rooming houses. Subdivision 1. General rule. No person may operate a rooming house or occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of this subsection. Subd. 2. Permit required. No person may operate a rooming house without a valid rooming house permit issued by the enforcement officer in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the enforcement officer for the permit, which shall be issued by the enforcement officer upon compliance by the operator with the applicable provisions of this subsection and of any rules and regulations adopted pursuant thereto. This permit shall be displayed in a conspicuous place within the rooming house at all times. No permit shall be transferable. Every person holding a permit shall give notice in writing to the enforcement officer within 24 hours after being sold, transferred, given away, or otherwise disposed of ownership of, interest in or control of any rooming house. The notice shall include the name and address of the person succeeding to the ownership or control of the rooming house. Every rooming house permit shall expire at the end of one year following its date of issuance, unless sooner suspended or revoked as hereinafter provided. Richfield City Code Subd. 3. Appeal of denial of permit. permit to operate a rooming house has been granted a hearing on the matter before th procedure provided by section 320. 405.19, Subd. 3 A person whose application for a denied may request and shall be e enforcement officer, under the Subd. 4. Notice of violation. Whenever upon inspection of any rooming house the enforcement officer finds that conditions or practices exist which are in violation of any provision of this subsection or of any rule or regulation adopted pursuant thereto, the enforcement officer shall give notice in writing to the operator of such rooming house that unless the conditions or practices are corrected within a reasonable period, to be determined by the enforcement officer, the operator's rooming house permit will be suspended. At the end of the period the enforcement officer shall reinspect the rooming house, and if he finds that the conditions or practices have not been corrected, he shall give notice in writing to the operator that the latter's permit has been suspended. Upon receipt of notice of suspension, the operator shall immediately cease operation of such rooming house, and no person may occupy for sleeping or living purposes any rooming unit therein. Subd. 5. Appeal of suspension of permit. A person whose permit to operate a rooming house has been suspended, or who has received notice from the health officer that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected, may request and shall be granted a hearing on the matter before the enforcement officer under the procedure provid- ed by section 320, provided that if no petition for such hearing is filed within ten days following the day of which such permit was suspended, such permit shall be deemed to have been automatically revoked. Subd. 6. Bathroom requirements. At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system approved by the enforcement officer and in good working condition, shall be supplied for each eight persons or fraction thereof residing within a rooming house, including members of the operator's family wherever they share the use of said facilities; provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one -half the required number of water closets. The facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No facilities shall be located in a basement except by written approval of the enforcement officer. Subd. 7. Bed linens. The operator of every rooming house shall change supplied bed linens and towels therein at.least once each week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. Subd.. 8. Sleeping room floor space. Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor space for each occupant. Richfield City Code 405.19, Subd. 9 / Subd. 9. Egress requirement. Every room unit shall have safe, unobstruct- ed means of egress leading to safe and open space at ground level, as required by the laws of this state and this city. Subd. 10. Maintenance. The operator of a rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator. 405.21. Security devices. Subdivision 1. Purpose. The purpose of this subsection is to require security devices in certain buildings throughout the city as a safety, burglary and theft prevention measure. Subd. 2. Definitions. For the purposes of this subsection, a "dead bolt lock" means a locking bolt which, when in the locked position, can only be moved positively by turning a knob, handle, key, sliding bolt, or mechanism activated by working a combination. A lock bolt moved by a skeleton -type key is excluded from this definition. Subd. 3. Locks required: future buildings. Dead bolt locks shall be installed on all buildings constructed after July 1, 1972, which are designed for occupancy as living quarters or as business or industrial establishments. Subd. 4. Locks required: certain existing buildings. By January 1, 1973 dead bolt locks shall be installed on (i) each multiple residence unit; (ii) each hotel or motel rental unit; (iii) each nursing home, home for the elderly, patient care home, boarding house or other similar establishment where living quarters are provided; (iv) within any of the foregoing establishments, each unit which is designed for occupancy as an independent living unit. This requirement does not apply to one - family dwelling structures in existence on July 1, 1972. Subd. 5. Place of installation. Dead bolt locks required to be installed under the provisions of this subsection shall be installed on all entrance doors to the particular unit or building involved. Where there is a double door at an entrance, one of which is a storm door, the dead bolt lock shall be installed on the year -round door rather than the storm door. Subd. 6. Persons responsible. The responsibility for compliance with this subsection shall be that of the owner and the manager, operator or agent in charge of any building or structure within the purview of this subsection. Subd. 7. Security Enforcement. The enforcement officer is authorized and directed to administer and enforce the provisions of this subsection. He may disapprove dead bolt locking devices that do not meet the requirements of this subsection. Subd. 8. Design -locks on certain dwelling units. Dead bolt locks of the "handle" type shall be installed on all independent living units designed for occupancy by the elderly. 405.23. Conflict of provisions. In any case where a provision of this section is found to be in conflict with any other provisions of this code, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. CITY OF RICHFIELD, MINNESOTA Council Letter No. 112 Agenda, May 8, 1989 Issue Statement: Public hearing on a request for the granting of a final plat for the unification of several properties located at 7132 Portland Avenue South, Hope Presbyterian Church. Background: Hope Presbyterian Church has requested the granting of a final plat in order to combine property to allow the construction of a walkway between the recently purchased school and the existing church located at 7132 Portland Avenue South. The walkway addition, as proposed, would be constructed at ground level - 100' by 30' wide. The plot indicates that the new parcel would have adequate area for the combined structure, and meeting all setback requirements. Attachment A provides an overview of the setbacks -both proposed and required. The property is located in an "R" Residential zone district. A church /school facility is a permitted use in an "R" zone district. Recommended Motion: Approve the final plat as shown for the property located at 7132 Portland Avenue South, Hope Presbyterian Church. Basis of Recommendation: 1. The plat, as proposed, meets all the requirements for approval in the subdivision and zoning ordinances. 2. Both the Planning Commission and the City Council have given approval to the preliminary plat. 3. The replatting process is required in order for the walkway addition to be constructed. Alternative Recommendation: The City Council may deny the approval of the final plat if it is found that the proposal would have a negative impact on the neighboring properties. Decision /Discussion Mode: A public hearing is scheduled at 7:00 p.m. on Monday, May 8, 1989. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of hearing was mailed to property owners within 350' -0" of the property. Notice was also published in the Sun Current Newspaper. Respect lly submitted, Jame . Prosser City anager JDP:sae I... d"'- p ATTACHMENT A REQUIRED SETBACKS: FRONT: 30' -0" MINIMUM REAR: 25' -0" MINIMUM SIDEYARDS: STREETSIDE - 15' -0" MINIMUM OR ESTABLISHED SETBACK OF THE EXISTING STRUCTURE, WHICHEVER IS LESS. INTERIOR - 25' -0" MINIMUM PROPOSED SETBACKS: FRONT: 45' -2" REAR: 67' -2" SIDEYARDS: SOUTH - 50'- 7 -3/4" NORTH - 11' -8" N N v C I N — G 0 ''j � • � ' + �Ni K KERKES AVE N w WASNBVRN VINCENT KERKES AVE '•,•ter+ ._. - _ uPTON WASNBURN .r ,_ •I THOMAS VINCENT PTON , �• - _ SHERIDAN u TN _ c _ J1 RUSSELL THOMAS SHERIDAN '�` �•1 PENN AVE Ru SSELL j;1 r �� OLIVER OuEEN - i 1 �• N[W TOM PENH I AVE, r te- ' C ---�=' moor-AN OUVER •� S lll��•�� ,� LOGAN NEWTON I• , pORTLAND AVE- S• _ KNOK MORG RM ,•r1._ -�'� 4'%MES IOGAN ; ^ —~ ',�• _� �1 IRYING N VANES ^ I• -_""" =.��,' GIRaRO IRYING -. - O AYE. S• NuMsotoTNi `''f - -�; EMERSON G1 it mto DUPONT f1iE : .r COLFAX S I .;:; .•.•' ;r ,•;•,•,•••:•'•:•S�t', v': ;1�,C%:,. •,• i,w� , EME N ` w ;:.: ;:� : :En :'•: : :•:• : : : : : :;y ».�/.^ i ^ 1-.�I gRTKNt OUPOwT 1. .��- '•'•' '.. �,�•':�•;; �;•': �;:•:��: : �;: ��L •p. J: �° _ ' ALDRICH COLFAX ��_• ••: •. j!:,��K;•;1 ?S'1+;:;•� � �P' Lt NOALE a E ' : •S• . : L.�•'. 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SUNDAY MORNING Church Services 5,570 sq.ft. 8:30am - 9:30am 15 total 809 lineal ft. of pews 9:45am - 10:45am 90 seats 11:00am - 12:00pm Sunday School 10 classrooms Youth ® 915 sq.ft. = 9.150 sq.ft. 2 classrooms ® 1,420 sq.ft. = 2,840 sq.ft. 11,990 sq.ft. Teens 7 classrooms 915 sq.ft. = 6,419 sq.ft. 8:30am - 9:30am 9:45am - 10:45am 11:00am - 12:00pm Adults 2 classrooms ® 830 sq.ft. = 1,660 sq.ft. 60 seats 1 classroom ® 400 sq.ft. = 400 sq.ft. 15 seats WEEKDAYS Administration 3.800 sq.ft. Monday thru Friday 30 maximum 8:00am - 4:30pm staff Nursery Center Latch Key 3 classrooms Monday thru Friday a 915 sq.ft. = 2,745 sq.ft. 9:00am - 11:30am 12:30pm - 3:00pm 1 classroom 0 1,420 sq.ft. Clothing Center 1,600 sq.ft. Wednesday Night Dinner 60 people Program runs from Bible Study 250 people September thru May in Sanctuary Youth Program 40 children Pioneer Girls 8 Boys Brigade 100 children Choir 45 people Monday thru Friday 6:30am - 6:00pm Thursday 1:00pm - 5:00pm Saturday 10:00am - 1:00pm Wednesday 6:00pm - 8:30pm 7 N 4 12 7V-/ z 0 J x 0 Y m C4 a LL, OZ z z 90 5Z W w .............. ............ . . ... ...... W Cl) S� J w u) 3.0 W cc (A cc a. in t CL 0 N. ........... X ................... . ................... :§:*":,:.,:.:.:.§:........ PIN xx .......... 00 C 01 —=ZZ ri ................... X ................ ..... go. i. 00 C 01 —=ZZ 2 hm .......... ..................... ................... .................. .0t ........... IZ ii. el jLOI CA 2 hm 0 X ME Q `lk v 4TH AVE- S- I �U . PORTLAND AVE. S. .v+*s /«.o •►.a..a• ! .R,pn .c . "'m""`.o•*= / n / r eo .,,�,."0~ / W. .w►i C-HURC t AMMON AND ItEMODEW4 OF At'nano. 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U ZO a Z mm 4 j W iN 040 a. r"O Z Q V ` ° 3 W (j Z Z U- F- tl� Y X Z W J ��, ,o,r� w.moro� �+rs /� nor�o+ /no�nn wnv.. we • wmi� �n►s /w nawo� /worrwr °s+ow i4 • POMMIM mom AWA eawsom /oWw" OWMN PC • '? my � • >w roar AWMN/ ►arom OM/ s,.s N>r>� • 7w rrOKlN ++o�or/ •+ a7n/ s„a. �oemrr • ZAS mar AMMM /.awo.0 aW./ SAM= fdOOyr .06 Z Q W uj CL C1 F- Z J p u. O W Y Z O O Z V w , uj Z _ • Z U. U p ui uj 0 = v z �° -- - - a t� - 3 • oc N . i U1111111 z 3 w Z z W U N H 4 J N If ti - #r r- / CITY OF RICHFIELD, MINNESOTA Council Letter No. 111 Agenda May 8, 1989 Issue Statement: Council action to amend Richfield City Code by repealing Section 600 and enacting Section 601; relating to preparation, collection, and disposal of garbage, refuse, yard waste, and recyclable materials. Background: State, regional, and county mandates require metropolitan area cities to provide recycling opportunities and meet certain recycling goals. For the most part, cities are able to choose the recyclables collection system that best suits their needs (i.e. one contractor collecting citywide, municipal collection, or having trash haulers provide collection). It is evident that our current program is insufficient in meeting the ambitious recycling goals Hennepin County has established for 1990 and beyond. Staff and the Energy Awareness Commission have been researching alternatives to our current recycling program and brought to the Council (at the April 3 Study Session) a recommendation that a program be developed using existing trash haulers as recyclables collectors. Section 601 serves as the vehicle for accomplishing this program change as haulers will be required to provide a separate collection of yard wastes (leaves and grass clippings) and recyclables from their customers. In addition to differentiating yard wastes and recyclables from other trash, the Section requires residents to separate yard wastes from other wastes. This is in compliance with Minnesota Statutes 115A.931 (b) which states "no person may dispose of yard waste in mixed municipal solid waste or a disposal facility after January 1, 1990 ". Staff has been meeting on a regular basis with waste haulers and are now finalizing the details for reimbursement of collection costs via a contract with the haulers. This is necessary in order to receive maximum reimbursement of recycling expenses from Hennepin County and to cover the city's share of recycling costs. Staff and the Energy Awareness Commission have met with volunteer groups to discuss this change. Volunteer group leaders agree that an alternate collection system needs to be in place given the continued depressed paper markets. Groups will continue their monthly newspaper collection as long as Pioneer Paper agrees to purchase the newsprint they collect. Recommended Motion: Amend Richfield City Code by repealing Section 600 and enacting Section 601; relating to preparation, collection, and disposal of garbage, refuse, yard waste, and recyclable materials. Basis of Recommendation: 1. Paper prices have fallen to the point where it is no longer profitable for volunteer groups to collect them. A supplemental collection system should be in place so recyclables collection may continue despite market conditions. 2. Trash dumping fees will increase on June 1, 1989 to $75 per ton. This, coupled with volume -based fee structures offered by haulers will create a direct financial incentive to recycle. 3. Refuse haulers are equipped and willing to provide the collection service. At least one hauler is currently offering the service in Richfield. 4. Hennepin County will continue an extensive waste management promotional campaign this summer which will increase awareness among residents. Residents want to recycle but desire a convenient means of doing so. Alternative Recommendation: Council could choose to keep the ordinance as is. Discussion /Decision Mode: Pending publication of the ordinance on effective date would be June 16, 1989. to arrive by June 23 (with distribution 30) therefore it is recommended that the ordinance be July 1, 1989. Jame City JDP /ej a May 17, the earliest Containers are scheduled to be completed by June effective date of the lly submitted, . Prosser ORDINANCE NO. 89- AN ORDINANCE AMENDING RICHFIELD CITY CODE BY REPEALING SECTION 600 AND ENACTING SECTION 601; RELATING TO PREPARATION, COLLECTION, AND DISPOSAL OF GARBAGE, REFUSE, YARD WASTE, AND RECYCLABLE MATERIALS. The City of Richfield does ordain: Section 1. Section 600 of Richfield City Code is repealed. Sec. 2. Richfield City Code is amended by adding a new Section 601 to read as follows: Section 601 - Garbage, Refuse, Yard Waste, and Recyclables Preparation, Collection, and Disposal; Scavenging; Air Pollution. 601.01. Definitions. Subdivision 1. The following terms, as used in this section, shall have the meanings stated: Subd. 2. "Garbage" means animal and vegetable matter resulting from the prepara- tion, cooking, service, consumption or display of meat, fish, fowl, fruit, grains or vegetables. Subd. 3. "Refuse" means wastes which normally result from the operation of a household, excluding body wastes, garbage, and designated recyclables. Refuse includes but is not limited to rubbish, tin cans, paper, cardboard, glass jars, bottles, wood, grass clippings, ashes, sod, dirt, tires, rocks, household appliances and furniture or any other household refuse or material. The term does not include construction material or other waste or debris resulting from construction or reconstruction of buildings and other improvements by contractors or trees in excess of six inches in diameter. Subd. 4. "Unacceptable waste" includes, but is not limited to, hazardous waste as defined in Minnesota Statutes, Section 116.06, Subd. 13 (1988), and the Resource Conservation and Recovery Act, 42 U.S.C. 6903 , , /_ -L (5) ; hazardous waste of any kind or nature, such as explosives, radioactive materials, cleaning fluids, crankcase oils, cutting oils, paints, acids, caustics, poisons, drugs, or other material that would be likely to pose a threat to health or public safety; pathological and biological wastes; hot ashes, foundry sand; sanitary sewage and other highly diluted water - carried materials or substances; all sludges, including sewage sludge and septic and cesspool pumpouts; human and large animal remains; large quanti- ties of non - burnable demolition debris; street sweepings; mining waste; construction debris, trees, agricultural waste (manure) and tires; and waste which was generated outside of the city. Subd. 5. " Recyclables" means materials which may be recycled or reused through recycling processes. This term includes "designated recyclables ". Subd. 6. "Designated recyclables" means properly prepared and packaged metal beverage and food containers, glass bottles and jars, newsprint, corrugated cardboard, and any other materials as may be defined by the city manager or through state, county, or munici- pal mandates. Subd. 7. "Yard waste" means leaves, grass clippings or other organic materials as may be defined by the city manager. Subd. 8. "Residential dwelling unit" means a single building consisting of two or fewer separate dwelling units with individual kitchen facilities for each unit. The term includes boarding houses in residential districts. Subd. 9. "Commercial establishment" means any premises where a commercial or industrial enterprise is conducted; the term includes clubs, churches, schools and estab- lishments of nonprofit organizations where food is prepared or served or goods are sold. Subd. 10. "Incinerator" means any device used for the burning of refuse, rubbish, or other waste materials. 2 I- /- �_ Subd. 11. "Licensed private garbage and refuse collector" means a person holding a license from the city for the collection of garbage and refuse. 601.03. Disposal of garbage and refuse. The tenant, owner, or occupant of a private dwelling, house, multiple residence, store, restaurant, and other types of property in the city which accumulate garbage and /or refuse on such premises shall dispose of such garbage and refuse as provided in this section. Garbage and refuse must be disposed of at least once each week and as often as once each business day if necessary to protect the public health. No person may accumulate or permit to accumulate any refuse on any property in the city which might constitute a nuisance by reason of appear- ance, odor, sanitation, littering of the property on which the refuse is accumulated, or an adjacent property, or a fire hazard. 601.05. Disposal of unacceptable waste. Each generator shall dispose of or arrange for the disposal of its own unacceptable wastes as defined in Section 600.01, Subd. 4. "Generator" means any person who generates waste. No person may accumulate or permit to accumulate any unacceptable waste on any property in the city which might constitute a nuisance by reason of appearance, odor, sanitation, littering of the property on which the unacceptable waste is accumulated or an adjacent property, or a fire hazard. 601.07. Collection, supervision and control. The city manager may make regulations con- cerning the days of collection, type and location of waste containers, designation, preparation, and packaging of recyclables and yard waste, and such other matters pertaining to the collection, transport, and disposal as the manager deems necessary. A person aggrieved by a regulation of the city manager may appeal the regulation to the city council which may confirm, modify, or revoke the regulation. 601.09. Precollection practices. Subdivision 1. Preparation of garbage and refuse. All garbage must be wrapped, bagged, or otherwise packaged prior to / _'�J placement into a container. All garbage and refuse as accumulated on any premises must be placed and maintained in containers and must have drained from it all free liquids before being deposited for collection. Subd. 2. Preparation of yard wastes. Yard wastes must be bagged separately from garbage, refuse, and other wastes, and must be placed 3 to 6 feet from garbage and refuse on collection day. Subd. 3. Contagious disease refuse. Refuse such as, but not limited to bedding, wearing apparel, or utensils from residential dwelling units or other units where highly infectious or contagious diseases are present, may not be deposited for regular collection but must be disposed of as direct- ed by the director of public safety at the expense of the owner or possessor thereof. Subd. 4. Duty to provide and maintain containers in sanitary condition. Garbage, refuse, and yard waste containers must be provided by the owner, tenant, lessee, or occupant of the premises or the waste hauler servicing the premises and must be located in such a manner so as to prevent them from being overturned. Containers for designated recyclables may be provided by the owner, tenant, lessee, or occupant of the premises, the waste hauler servicing the premises, or the city. All containers must be kept in a clean, safe, and sanitary condition and kept free from any substance which will attract or breed flies, mosquitoes, or other insects. No container may have sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof. Containers not complying with the require- ments of this subdivision must be promptly replaced. Subd. 5. Garbage containers. Garbage containers must be made of metal, or other suitable material, which is rodent - proof, and waterproof and which will not easily corrode. Garbage containers must be equipped with suitable handles and tight- fitting covers and must be kept tightly covered when there is garbage therein. 4 /_P Subd. 6. Refuse and yard waste contain- ers. Refuse and yard waste containers must be of a kind suitable for collection purposes and must be kept tightly covered or securely fastened when there is refuse or yard waste therein. Subd. 7. Residential dwelling units; placement of garbage, refuse, yard waste, and designated recyclables. Garbage, refuse, yard wastes, and designated recyclables must be deposited for pickup adjacent to the street or alley from which the pickup is to be made, unless the licensed residential hauler agrees to pick up such materials from some other allowable location on the premis- es. Material deposited adjacent to a street or alley for pickup must be deposited off the traveled roadway at ground level. No materi- al may be deposited next to the traveled roadway of any street or alley before sunset of the day before the day of collection. Garbage, refuse, designated recyclables, yard waste, and disposable bags and wrappings must be picked up by the licensed residential hauler so that after pick up no such items are left adjacent to the street or alley. The owner or occupant of the premises must remove all containers and any materials not picked up by the licensed residential hauler from their location next to the street or alley by the end of the collection day. Subd. 8. Multiple residential units. Multiple residence units having more than two family units and which require garbage and refuse pickup more frequently than once each week must either be equipped with containers and provided with pickup service as provided in this subsection or be equipped with a commercial incinerator complying with the requirements of the Minnesota Pollution Control Agency and licensed by the city as provided in this section. Containers provid- ed as an alternative to or in addition to such incineration must be at least one cubic yard in capacity, must be conveniently located in relationship to the residence units for which they are provided, must be watertight and rodent -proof with self - closing lids and be kept in an enclosing structure concealing them from public view. If con- tainers for designated recyclables are provided, the containers must be conveniently 5 located in relationship to the residence units for which they are provided, must be watertight and rodent -proof with lids and be kept in an enclosing structure concealing them from public view. The structure must have a concrete floor and must be kept in a state of good repair at all times. All containers must be located so that their contents are inaccessible to at least three feet above the base of the enclosing struc- ture. The owner or operator of multiple residence property must provide for pickup from the containers. Refuse, debris, gar- bage, recyclables and other waste materials may not be permitted to be accumulated in or near the enclosing structures except in the containers. There shall be daily cleanup in and around each enclosing structure. Subd. 9. Commercial property. The owner or occupant of commercial establish- ments or any other property which produces a volume of garbage or refuse or both, which requires garbage or refuse pickup more frequently than once each week, must also comply with the provisions of subdivision 8. 601.11. Air pollution control regulations. Air Pollution Controls and Regulations pursuant to Minnesota Rules, Chapter 7005 (M.P.C.A.), are hereby adopted by reference. 601.13. Vehicles for hauling garbage and refuse. Persons hauling or conveying garbage or refuse over the streets of the city must use a vehicle provided with a tight cover. The vehicle must be operated and maintained so as to prevent offensive odors from escap- ing or garbage or refuse from being blown, dropped or spilled from the vehicle. Vehi- cles must be kept clean and as free from offensive odors as possible and, if customar- ily used for the hauling of garbage or refuse, may not be allowed to stand in any street, alley, or other place longer than is reasonably necessary to collect garbage and refuse. Vehicles customarily used for such purposes must be kept in a clean and sanitary condition and thoroughly disinfected at least once each week unless the same has not been used since the last disinfection thereof. Z 601.15. Licensing of garbage and refuse collectors. Subdivision 1. License required. No person may engage in the business of garbage or refuse collection in the city without a license from the city to do so. There are two license classifications: (1) Residential license. A residential license is required for collecting garbage or refuse from a residen- tial dwelling unit. (2) Commercial license. A commercial license is required for collecting garbage or refuse from any premises other than a residential dwelling unit. Unless otherwise indicated, the provisions of this subsection apply to both license classi- fications. Subd. 2. License application. A person desiring a license must make application to the Department of Public Safety. The appli- cation must accurately state: (1) the name of the owner or the licensee, (2) the proposed charges for hauling, (3) a description of the kind of services to be rendered including separate collection of yard wastes; (4) a description of each motor vehicle to be used for hauling including the license number thereof. (5) a listing, name and address, of residential accounts served. (6) verifiable volume or tonnage summaries of yard wastes collected in Richfield during the previous year, and (7) for licensed residential haulers, verifiable tonnage summaries of designated recyclables collected in 7 ` ! ' the city during the previous year. Previously unlicensed haulers will have this requirement waived for their first year of operation in the city but must comply with paragraph 3 of this subdivision. Subd. 3. Request for progress reports regarding designated recyclables and yard waste collection. Upon reasonable notice at any time during the license term, the city may request and the hauler must provide verifiable volume and /or tonnage summaries of separately collected yard wastes and desig- nated recyclables. This is necessary in order to track recycling and yard waste collection performance and to comply with Hennepin County reporting requirements. Subd. 4. Insurance required. The applicant must file with the Department of Public Safety a current policy of insurance covering all vehicles to be used in the applicant's business. The minimum limits of coverage for insurance are: (A) $200,000 for any person injured; (b) $300,000 for any property damage; and (c) $600,000 for any number of claims arising out of a single occurrence. The insurance must be kept in force during the license and must provide for notification of the city prior to termination or cancella- tion. Licenses issued will be revoked automatically at the time of termination or cancellation of the insurance unless other insurance is provided. Subd. 5. Bond. The applicant must furnish to the city and deposit with the Department of Public Safety a certified bond in the sum of $1,000 for each vehicle li- censed, to be conditioned upon the faithful performance by the licensee for all work entered into or contracted for by the licensee and conditioned upon compliance with all the provisions and requirements of this 0 section and all applicable sanitary rules and regulations. Subd. 6. License fee. The annual fees for residential and commercial licenses are set in appendix D. Subd. 7. Temporary substitute vehicle. If a licensed vehicle becomes temporarily inoperable, the hauler may substitute in its place an unlicensed vehicle for a period not to exceed one week. Unlicensed substitute vehicles must conform in all respects to the requirements other than licensing contained in this subsection. The hauler must notify the city engineer of the substitution within 36 hours. Subd. 8. Inspection. Licensed vehicles must have the name of the licensee clearly printed on both sides. The license must be kept in the vehicle at all times while the vehicle is being used for the licensed purpose. Subd. 9. No vested right. A person licensed under this section does not have a vested right in the license. The city may, upon finding that public necessity requires, determine to establish another means of garbage, refuse, yard waste or designated recyclables collection. Subd. 10. Obligation of licensed collectors. A licensed garbage and refuse collector must pick up garbage, refuse, and yard waste in the manner provided by this section. A licensed residential garbage and refuse collector must also pick up designated recyclables on a weekly basis beginning on or before the effective date of this ordinance and in the manner provided in this section. 601.17. Scavenging. It is unlawful for any person or business to scavenge or otherwise collect garbage, refuse, yard wastes, or designated recyclables (excluding newspapers) at the curb or from recycling containers without a license from the city and an account relationship with the owner of the premises. 601.19. Disposal of garbage and refuse: approved sites. It is unlawful for any E person to dispose of garbage or refuse from any source in any place other than in a sanitary landfill or at a county designated facility. 601.21. Disposal of yard wastes; approved sites. Yard wastes collected by haulers must be delivered to a compost site approved by the city manager or designated by Hennepin County where the materials must be weighed (or volume determined). Verifiable tonnage or volume of yard waste must be reported to the Department of Public Safety as required in the license application. 601.23. Disposal of designated recyclables; approved sites. Designated recyclables collected by haulers must be delivered to a processing facility or end market where the material must be weighed and processed for later reuse. Verifiable tonnages of desig- nated recyclables must be reported to the Department of Public Safety as required in the license application. 601.25. Storage of garbage, refuse, and recyclables containers. Garbage cans, refuse, and recyclables containers must be located alongside or behind the house or garage of a residential dwelling unit. 601.27. Burning. Subdivision 1. Permit. No person may willfully burn or set fire to any grass, weeds, or other natural ground cover, or any building, fixture, or appurtenance of real property unless a permit has been secured from the Director of Public Safety. Subd. 2. Grass fires. No person may negligently or carelessly set on fire or cause to be set on fire any woods, prairie, grass or other combustible material, whether on the person's own land or not, by means whereof the property of another will be endangered. No person shall willfully allow any fire on the person's own land, or land occupied by the person, to extend beyond the limits thereof. Subd. 3. Conditions of permit. If a burning permit is required, the Director of Public Safety may condition the granting of the permit in such manner as the director 10 deems appropriate. A violation of the conditions is a violation of this subsection. Permits shall be issued only under such circumstances as may be allowed by the air pollution regulations adopted in this subsec- tion and as may be allowed by the other provisions of this code. 601.29. Incinerators. Subdivision 1. License required. No person may operate an incinerator within the city for the burning of garbage or refuse unless the incinerator complies with the requirements of the Minnesota Pollution Control Agency. No incinerator, except an incinerator for a residential dwelling unit, may be operated within the city unless the operation of incinerator has been licensed by the city as provided in this subsection. Subd. 2. Application. Application for a license shall be made to the city clerk. The application shall state (i) the name and address of the owner of the property on which the incinerator is located, (ii) a descrip- tion of the type of incinerator, and (iii) except in renewal applications, a plan showing that the incinerator will comply with applicable rules and regulations. Subd. 3. License fee. The annual license fee is set by appendix D. Subd. 4. License standards. Applica- tions for incinerator licenses may be granted by the city clerk if the clerk finds that the incinerator meets the requirements of the Minnesota Pollution Control Agency and this code. The clerk may, however, refer any application to the city council. In the event of a referral to the city council, the city council may grant or deny the applica- tion. It is grounds for denial of the application if the applicant or other persons occupying the premises at which the incinera- tor is or would be located have not complied with regulations of the city relating to health, safety, building, or zoning or any regulations applicable to the incinerator. 11 601.31. Incinerators serving residential dwelling units. Subdivision 1. General Rule. Incinera- tors installed to serve residential dwelling units shall comply with the provisions of this subsection. Subd. 2. Permit required. A permit is required for the installation of any inciner- ator serving a residential dwelling unit. Subd. 3. Installation. An incinerator must be installed in accordance with Chapter IV and shall meet the requirements of the Minnesota Pollution Control Agency. Subd. 4. Standards; Outdoor incinera- tors. An outdoor incinerator must be con- structed as follows: (a) it shall be at least six feet from any property line, except that if it is screened on three sides by a fence or barrier wall it may be located within two feet of the property from which it is screened; (b) it shall be at least ten feet from the dwelling on the lot on which it is located; (c) it shall be at least 12 feet from any dwelling on any adjacent lot; (d) it shall be at least one foot from any combustible building, fence or other structure or material or any trees or shrubs; (e) if it is protected or screened it shall be at least one foot from any part of such protective barrier or screen; (f) it shall be to the rear of the front building line of the residential lot on which it is located and it shall be to the rear of the front building line of an abutting lot. 12 601.33. Requlation of scavenqers. Subdivision 1. License required. No person may follow or practice the occupation of scavenger, or act as a scavenger within the city without first having obtained a license. No person may empty the contents of any privy, privy box, vault, sink, septic tank or cesspool into any manhole or other outdoor sewer installation in the city unless being so licensed. Subd. 2. Transportation of facilities. No part of the contents of any such facility may be removed therefrom, nor may any of the contents from any such facility be transport- ed into, within or through the city unless it is removed or transported by means of some airtight apparatus, whether pneumatic or some other process, so as to prevent the contents from being agitated or exposed in the open air during the process of removal or trans- portation. Subd. 3. Fumes. Any tank, vehicle and apparatus must be maintained and operated in such manner as to avoid the omission of offensive fumes or the spill or loss of any unsanitary or offensive substance. Subd. 4. Disposition of contents. No part of the contents of any privy, privy box, or vault may be emptied into any manhole or other outdoor sewer installation in this city. Subd. 5. Permit for dumping. In the event that a cesspool must be opened in order to remove the contents of the same, or the contents thereof dumped in a city sewer, a permit must first be secured from the direc- tor of community services, and the fee as provided in appendix D shall be paid for the permit. Subd. 6. Scavenging work limited to licensees. No person other than a properly licensed scavenger may clean any sanitary or plumbing facility listed in subdivision 1, nor may anyone deposit the contents thereof in any unauthorized place within the city. Subd. 7. Application for license. Application for a scavenger's license shall 13 be made to the city clerk, be signed by the applicant and contain the name and address of the proposed license and of the owner and license numbers of the vehicle or vehicles to be used and equipment to be used. The application shall be filed with the clerk who shall forthwith transmit the same to the Director of Public Safety for approval. Each vehicle used shall have a separate license. Upon approval by the director of public safety the application shall be submitted to the city manager for consideration. Subd. 8. License fee. The license fee is fixed by appendix D. Licenses expire on December 31 next following the date when they become effective. Subd. 9. Equipment licensed. The license shall constitute a registration of the vehicle licensed and of the tanks, containers and equipment to be used there- with. No other vehicle, tank or equipment may be used without first obtaining written approval of the substituted vehicle, tank or equipment from the Director of Public Safety. Subd. 10. Identification of equipment. The name of the licensee or his registered name shall be printed in plain letters, along with the license number, on each side of the cab of the licensed vehicle. Subd. 11. Use of vehicle. No person may cause or permit any vehicle used for scaven- ger hauling to stand or remain at or near any public building or residence or upon any street, alley, lot or other public place, for a longer time than is actually required in the loading, conveying and unloading thereof. Subd. 12. Bond requirements. No license may be issued until the applicant first files with the city clerk a corporate surety bond in the principal amount of $2,000, condi- tioned upon the -- faithful performance by the applicant of all things required by this code and is further conditioned so as to guarantee that the applicant restores all streets, alleys, or other public grounds, or sewers, manholes or appurtenances thereto to their former good condition to the satisfaction of the city manager, if public property is 14 /_ /P damaged by applicant in the course of operat- ing as a scavenger. Subd. 13. Insurance requirements. No license may be issued unless and until the applicant first files with the clerk a policy or policies of insurance insuring the appli- cant and the city against loss for each licensed vehicle in the sum of at least $100,000 against liability imposed on account of damage to or destruction of property by reason of the ownership or operation of the vehicle. The policy shall provide that it may not be cancelled by the insurer except upon notice to the city. In case of cancel- lation of the insurance, the license is suspended until the insurance has been replaced. Subd. 14. Dumping of contents. Dumping of the contents of a licensed vehicle in the city sanitary sewer system shall be limited to contents removed from installations within this city unless the council, by resolution, permits dumping from other designated munici- palities. No dumping shall be permitted except at manholes designated by the Director of Community Services and specially equipped for such dumping, and only if the person doing the dumping has obtained a permit as required. Emergency dumping by licensed scavengers may be made at authorized manholes on weekends and holidays when city offices are not open, the person doing th dumping shall obtain a permit on or before noon the next following secular day. The dumping may be done only on week days, Monday through Friday, between the hours of 8:00 a.m. and 6:00 p.m. and on Saturdays, Sundays and holidays during the hours only in emergency cases. Vehicles used for dumping into the city sanitary sewer system shall be equipped with a gate valve and hose to control the flow of contents into the sewer. Subd. 15. Revocation. Violation of any of the provisions of this subsection is grounds for an automatic revocation of the license. 15 Sec. 3. This ordinance is effective in accordance with Richfield Code, subsection 110.11. ATTEST: -- - - - - , City Clerk 055RORO1.I48 16 , Mayor CITY OF RICHFIELD, MINNESOTA Council Letter No. 110 Agenda May 8, 1989 Issue Statement: Request to continue the public hearing for a conditional use permit at 7645 Lyndale Avenue South to May 22, 1989 City Council Meeting. Background: Total Petroleum, located at 7645 Lyndale Avenue South has requested the granting of a conditional use permit to allow expanded retail sales (food and beverage coolers, reach in freezer units, snack and beverage center); a new detached accessory drive -thru car wash facility on the northern portion of the property; and a reduction in the size of the existing building from approximately 2,088 square feet to 1,176 square feet. The public hearing was scheduled for the May 8, 1989 City Council meeting. However, the applicant has requested that the hearing be continued to the May 22, 1989 City Council meeting. Recommended Motion: Continue the conditional use permit hearing for 7645 Lyndale Avenue South to the May 22, 1989 City Council meeting. Basis of Recommendation: Applicant wishes to collect additional information concerning the proposal before presenting the case to the City Council. Decision /Discussion Mode: Because the notice of public hearing was published in the official newspaper, this item has been placed on the May 8 City Council agenda for continuance. Respect lly submitted, Jame . Prosser City Manager JDP:sae r "'=2 v/ CITY OF RICHFIELD, MINNESOTA Council Letter-No. 109 Agenda May 8, 1989 Issue Statement: Award of Contract for approximately 11,000 plastic recycling containers for distribution to single family and duplex households in Richfield. Background: At the April 3, 1989 Study Session, City staff, the Energy Awareness Commission, and City Council discussed a number of recycling program alternatives. It was agreed by members of all groups present that containers for recyclables would be an important feature to include with any program change. Not only do containers provide storage space for recyclables in the home or garage but they also add a peer pressure element as an incentive to participate. Specifications for containers were sent to seven manufacturers and distributors. Specifications required a bin capable of holding three expanded grocery bags with an unconditional product guarantee of at least 2 years. Most containers will hold three to four bags. Bidders were instructed to provide a bid which included all costs for 11,000 containers to be delivered by June 23, 1989. Three bids were received and opened on Friday, April 28, 1989, with the following results: Amount of Price Per Amount not reimbur- Bid Container sable from Henn. Co.* Shamrock $92,400 $8.40 $37,400 Rehrig- Pacific $72,710 $6.61 $17,710 Ellison Equip- $68,200 $6.20 $13,200 ment (Lewis) * Richfield is eligible for a $5 per container reimbursement from Hennepin County for the purchase of recycling containers. The remaining amount will be recouped through an increase in license fees paid by residential waste haulers. The containers would be paid from Hennepin County and City funds. City funds would be derived from license fees paid by waste haulers. License fees are generally a business cost and eventually paid by residents. Shamrock has made a practice of lobbying at Councils in other cities to purchase their containers. Shamrock containers have additional cost options including lids and wheeled carts. Staff is not recommending purchase of lids plus wheeled containers. These options cost additional money which must eventually be paid by the customers. Residents can purchase devices from the private sector to adapt containers to their needs. Recommended Motion: Approve the bid tabulation /minutes and award a contract for approximately 11,000 recycling containers to Ellison Equipment Company (for Lewis Systems) in the amount of $68,200. Basis of Recommendation: 1. Ellison Equipment was the lowest responsible bidder for containers. 2. This company has provided the Lewis System containers to the cities of Minnetonka, South St. Paul, Dayton, and Hassan Township in a timely and satisfactory manner. Alternative Recommendation: Council may choose to reject all bids and direct staff to readvertise in an attempt to receive a lower bid. However, staff believes the prices received are reasonable given container specifications. Discussion /Decision Mode: Containers take approximately four to six weeks to manufacture and deliver. To assure delivery of containers by June 23, it is necessary to award this contract soon. Containers should be received by June 23 in order to give haulers one week to distribute them before the anticipated start -up date for weekly collection. Respectfully submitted, - (I Jam D. Prosser Ci Manager JDP /eja .- d ,L` CITY OF RICHFIELD, MINNESOTA Bid Opening April 28, 1989 11:00 A.M. Recycling Containers Bid No. 89 -11 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for recycling containers, bid no. 89 -11, as advertised in the official newspaper on April 19, 1989. Present: Thomas Ferber, City Clerk Steve Devich, Administrative Services Director Eileen Anderson, City Manager Representative Roxanne Braa, Administrative Aide The following bids were submitted and read aloud: VENDOR BID SECURITY TOTAL Shamrock Industries Mpls. 5% Bond $ 92,400 Ellison Equipment Co. Mpls. 5% Bond $ 68,200 Rehrig Pacific Co. Illinois Cashiers Check $ 72,710 The City Clerk announced that the bids would be tabulated and considered at the May 8, 1989 City Council Meeting. Thomas P. Ferber City Clerk r-� CITY OF RICHFIELD, MINNESOTA Council Letter No. 108 Agenda, May 8, 1989 Issue Statement: Approval of purchase order in excess of $5,000 for repairs to fire engine No. 82. Background: Engine 82 was taken out of service last year to be rebuilt. Several items needing repair were discovered after the body had been removed. The pump failed its certification test and had to be returned to the pump factory for extensive repairs totalling $3,888.00. Leaks were found in the exhaust system and it had to be completely replaced. The rear springs, pump primer motor and fuel tank also had to be replaced, along with several smaller items. These repairs totaled $5,707. As these repairs were not anticipated, funds were not budgeted in the 1989 budget document. The 1989 Central Garage budget will be revised to include this expenditure. Recommended Motion: Approve repairs to Engine 82 in the amount of $5,707. Basis of Recommendation: Several items needing repair were found after the apparatus has been dissembled. The items needed to be replaced in order to put the truck back into service. Alternative Recommendation: We have no alternative recommendation. We could not legally operate the truck without doing the repairs noted above. Discussion /Decision Mode: The purchase order for repairs for approval. JDP:sae to Engine 82 is being presented Respectfj4ly submitted, City Prosser CITY OF RICHFIELD Council Letter No. 107 Agenda May 8, 1989 Issue Statement: Application for Lawful Gambling License for Fred Babcock VFW Post 5555, 710 Lakeshore Drive. Background: On April 25, 1989 Fred Babcock VFW Post 5555 submitted an application for renewal of their gambling license. The application requests renewal for their bingo and pulltab operations. The applicant is proposing to conduct bingo on Sunday evenings from 7:30 p.m. to 11:30 p.m. and on Thursday evenings from 7:30 p.m. to 11:30 p.m. The pulltabs would be conducted in conjunction with the regular operation of the club. The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all requirements. In addition, the gambling manager, Mr. James Lawler, has no known criminal record. Finally, the applicant is requesting that the $100.00 investigation fee be waived. Richfield City Code 1100.13 requires the public safety department to review the request for the gambling license and make its review and recommendation to the City Council. Recommended Motion: Approve the gambling activity requested by the applicant inaccordance with Richfield City code 1100.13, Subd. 6, and waive the $100 investigative fee. Basis of Recommendation: 1. The applicant has complied with the state statutes and city code pertaining to lawful gambling. 2. The applicant has submitted the request within 30 days of the renewal of the license. 3. The applicant has demonstrated that the gambling activity requested is a benefit to the community. Alternative Recommendation: 1. The Council could pass a disapproving the renewal determined that there is resolution specifically request, however, staff has no basis for this alternative. 2. The Council could decide to not waive the investigative fee. 77 �l 2. The Council could decide to not waive the investigative fee. 3. The Council could decide to continue the renewal request. If the request is continued, any subsequent consideration must be made within 60 days of the date the application was submitted,in accordance with the rules established by the Charitable Gambling Control Board and Minnesota Statutes 349. Discussion /Decision Mode: The renewal request and request for waiver of the investigation fee has been placed on the consent calendar for May 8, 1989. RespectfuAly submitted, James . Prosser City nagedr JDP:sae <, CG-00022 -pi (5l8� - White Copy; -Bgard .Canary- Applicant Pink —Local Governing Body CITY OF RICHFIELD, MINNESOTA Council Letter No. 106 Agenda May 8, 1989 Issue Statement: Presentation of DECA Civic Consciousness Proclamation to Kevin Hoemke, DECA Student Background: As a civic project, the Richfield DECA Chapter recently held a benefit dance for the Sister Kenny Institute. One of the goals of this project is to raise community awareness for civic activities. Therefore, the DECA Chapter has requested that a proclamation in support of civic consciousness be issued. Recommended Action: Present the Civic Consciousness Support proclamation to the Richfield DECA Chapter. Basis for Recommendation: 1. DECA has requested this proclamation, and the City Council has been supportive of DECA programs. Alternative Recommendation: 1. Not present the proclamation. Discussion /Decision Mode: Kevin Hoemke and other DECA representatives will be present at the May 9 City Council meeting to receive this proclamation. Respect illy submitted, Jame�/'Jb. Prosser Cit anaaer JDP /ej a T/' j � t _. C-1 i E-4N�y W 0 N P4 V rf1 W � �w AZ w� H 0 rZ4 rTH1� V H Z {r0 V V H H 4-( .G A 4-) •ri O rC O (o �4 P •r4 a 0 a) 0 ro O•r4 4-) in, r0 a)co0) � EA ��4 (A U 4-) H > ro x r. p ,)•r( O p 04 T T [A (o (A •ri N 4 4-) o }1 r-I r. 04 W b 3 w •ra U) 3.0 N m •rI p a(a 44 O r-I O U •r O (1) � U U 4-+ ro p w0 D U! A 44 •r-I (o A !-( O 44 O (o O +� � rri (7 b 0 M a�•r+ +� m to U U WAS W�3 3 U U 4a •r♦ Q rN A U � 3 A 4-) O O O d1 4-) N (o N O -ri �4o ro L: r. N M r. (o N -H •r.- •r( x O xA Dra U x o :m 4 W Vl ro00 caQ•� �U W A 4-) Wow 3ai0 44 •ri as 4 b W � a) A •ri co 41 rO }) U O N •r4 •r I ra 44 ar •w 44 U a) O a �+ � �r4 U � co N �4 4-) •ri Z co O 04 ra O A C ?+ (1) co W w ro a) -H U a i r- z � UU H i") > •ri H •4-) 0 Ora pa W r4 •rI O, W4-4-4 4-) N E-H OA 3 a 4( 4-) O a) 4-1 4: z 4 ai •r-( 4' 4-3 a coo U rn ri tio 44 O co r0 A CC) W A +-) w z O a O Rf E a� co A:', i A:', CITY OF RICHFIELD, MINNESOTA Council Letter No.105 Agenda May 8, 1989 Issue Statement: Presentation of the Gene Jacobsen Citizen of the Year Award to Mark Erspamer. Background: The Richfield Human Rights Commission annually presents the Gene Jacobsen Citizen of the Year Award to a Richfield resident who has demonstrated a commitment to the attitudes and practices that foster human understanding. This award has been presented since 1972. The Human Rights Commission has selected Mark Erspamer as the recipient for the 1988 Gene Jacbosen Citizen of the Year award. Gordon Anderson, Chair of the Human Rights Commission, and Jean Fox, commission member, will be present at the council meeting to make this presentation. Recommended Action: Have Mr. Anderson and Ms. Fox make this presentation to Mr. Erspamer. Basis for Recommendation: 1. This award has been presented on an annual basis for the past 17 years. Alternative Recommendation: 1. Present the award in some other way. Discussion /Decision Mode: This award has been scheduled under the presentation section of the May 8 city council agenda. A reception for Mr. Erspamer will be held in the public safety lobby beginning at 6:15 p.m. Respectfully submitted, �4 Jame . Prosser City anager JDP /ej a 1/