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HomeMy WebLinkAboutSeptember 17, 2001 Work SessionCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights.mn, us ADMINISTRATION NOTICE OF COUNCIL WORK SESSION Notice is hereby given that a work session is to be held in the CITY OF COL UMBIA HEIGHTS as follows: Marlaine Szurek Julienne Wyckoff Bruce Nawrocki Robert A. Williams City Manager Walt Fehst Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: COLUMBIA HEIGHTS CITY COUNCIL SEPTEMBER 17, 2001 7:00 P.M. CONFERENCE ROOM 1 WORK SESSION AGENDA Discussion Items 1. Revision of Taxi Cab Ordinance 2. Point of Sale Ordinance 3. Board of Appeals 4. City liquor store on University Avenue -discussion The City of Columbia Heights does not discriminate on the basis of disability m the admission or access to, or txeatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) THE CItY Of COLUMBIA HEIGHT5 DOES NOT DISCRIMINATE ON THE BASI5 OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OppORTUnITY EMPLOYER York Session 9-17-01 CITY COUNCIL LETTER Mectin ~ of September 24, 2001 AGENDA SECTION: Ordinance ORIGiNATING DEPARTMENT CITY MANAGER NO.~ POLICE APPROVAL: ITEM: Revision of Taxi Cab License Ordinance BY: Thomas M. Johnson~)},~ BY: NO DATE: September 13, 2001'~ \ DATE: BACKGROUND In May 2000 the Chief of Police was designated as the liaison to the Technical and Policy Committees of the Metropolitan Council Taxi and Passenger Services Task Force. This committee was charged with t ,rying to find a way to license taxicabs and taxi drivers regionally instead of by each individual city or entity. During my year and a half on this committee, I found there could be agreement between the major cities such as Minneapolis, St. Paul, Bloomington and the Minneapolis-St. Paul International Airport on how to go about this process, but this left very little interaction or impute from the smaller cities such as Columbia Heights, St. Louis Park, and Golden Valley. We were listened to, but the main focus was on the big three or four entities. At this point it appears that the four main entities named will be entering into a joint powers agreement for the licensing of taxicabs and taxi drivers. They will be inspecting cars, training cab drivers and licensing cab drivers together. This leaves the other cities to be associate members of the joint powers agreement if they desire. ANALYSIS/CONCLUSION The City Manager and Police Chief have discussed our options in this process and we are proposing we amend our current taxicab ordinance in order to open up the number of possible vendors to our community. It is being suggested that we amend the current ordinance to allow any taxicab and taxicab driver that is licensed by any other political subdivision or the Minneapolis-St. Paul International Airport to be allowed to pick up and drop off passengers in our community. By doing this we can let the consumer be the controlling entity. If they receive poor service from one cab company, they will be allowed to go to another rather than being restricted to the few that are currently licensed in our city. RECOMMENDED MOTION: Direct the Chief of Police to bring the amended taxicab ordinance before the City Council at the September 24, 2001, City Council meeting for a first reading. TMJ:mld 01- 154 COUNC~'L ACTION: Section 3 5.603 (1) 5.603 (2) a) b) c) TAXICABS No person shall engage in or operate a taxicab business and pick up persons for hire in the course of such City li business within the mits, without a pur:uant tc '~..~ ...... v.v.,~.v..~;~: .... ~.r ,~.;._..~ -..-v.~-.~' ..... taxicab driver and taxicab license to operate in another political subdivision in this state, including the Minneapolis-St. Paul International Airport. A driver and cab so licensed may carry passengers to any place or point within the city and may solicit or pick up business within the city. For purposes of this section, the following words shall have the meanings ascribed to them: "Taxicab" shall mean any motor vehicle engaged in the carrying of persons for hire. either over a fixed route, operated from a street stand, subject to calls from a garage, or otherwise operated for hire; but the term shall not include vehicles subject to control and regulation by the State Railroad and Warehouse Commission, the Metropolitan Transit Commission, or vehicles regularly used by undertakers. "Street" shall mean and include any street, alley, avenue, court, bridge, lane or public place in the City. Operator" shall mean any person who drives a taxicab, whether such person be the owner of such taxicab or an employee of said owner. d) e) f) d) "Owner" shall mean any person owning or having control of the use of one or more taxicabs for use in a tax]cab business ......... .~ ..........: .......................... , whether or not said owner is a taxicab operator. "Taxicab Stand" shall mean any public place which is exclusively reserved by authority of the City for the use of taxicabs. "Taximeter" shall mean any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, either by distance traveled or waiting time or both, and upon which such charge shall be indicated by figures. 5,603 [3) a) b) c) d) e) Every taxicab licensed under this section shall have some designation of the character of the vehicle painted in plain visible letters on each side thereof. A card printed in plain legible letters shall be displayed inside each taxicab and shall indicate ~ r.~.. 1~ ..... humS:r, the maximum rates that are to be charged, the name of the operator; together with a statement that articles lost in the taxicab will be forwarded to the City Clzrl:'z cfEc:, Police Department, where they may be identified and claimed, and the statement "Ask the Driver for Bill and Receipt" in bold type. Every taxicab shall be equipped with a taximeter..u~.~,.,., ,~ ......... .~i~. v .w~A ~" 'u~ t~j ,,,~ ~v.,,w.,.:l Each taximeter shall be sealed wi~ case and ge~ intact, ~d shall be semi-annually certified and checked for accuracy and working condition ~ agency qualified to peffo~ such se~ice Each taximeter shall be kept in plain view of the passenger and shall be maintained in good and accurate working order at all times. Rates charged by taxicabs ' ' ' for conveyance in this City shall be 5::c~ 53' .................................. the same as the rates set by the political subdivision the taxi is licensed out of. Upon request therefore, every passenger shall be given a receipt upon payment of his fare. When in operation !ic:nazd taxicabs not carrying passengers shall be parked at stands designated for that purpose from time to time by Resolution of the Council. Said Resolution shall also designate the number of taxicabs which may be stationed at any such stand. ~--': .... The taxicab drive shall maintain proof tc tkz Cl:rk of an insurance policy with an insurance company duly licensed to transact such business in this State; insuring against loss from the liability imposed by law for damages on account of bodily injuries or death, or for damages to property resulting from the ownership, maintenance or use of any taxicab ~ in the taxicab at all times. The limit in such insurance policy of such taxicab shall not be less than One Hundred Thousand Dollars for bodily injuries to or death of one person and Three Hundred Thousand Dollars on account of any one accident resulting in injuries and/or death to more than one person, and a total often Thousand Dollars liability for damages to property of others, arising out of any one accident. This policy shall be presented to any police officer upon request. 5.602 5.603 (4) a) b) c) d) e) Every taxicab operator llccnzc: shall be subject to the below named regulations. The operator and the vehicle liccn:c: owner shall jointly insure enforcement of such regulations. All operators shall be clean and courteous at all times. No operator shall carry any person other than the passenger first employing a taxicab without the consent of such passenger. No operator shall charge or attempt to charge any passenger a greater rate of fare than that estabhshed by ........................... the political subdivision that licensed the taxicab. No operator shall knowingly deceive with the intent to defraud any passenger who may ride with him, or who may desire to ride in his vehicle, as to his destination or distance to be traveled. No operator shall solicit passengers as fares except when traveling around the streets or at a regularly designated stand. No operator shall alight from his taxicab at any time for the purpose of soliciting passengers, provided that this shall not prohibit any driver from alighting from his taxicab to assist a passenger entering or alighting from his taxicab. f) Each operator shall forward lost articles found in his taxicab to the ~ Police Department. Policy Committee - Taxicab Task Force Thursday, September, 13,2001 7:00 p.m. St. Louis Park City Hall. AGENDA 1. Introductions 2. Findings, conclusions, and recommendations of the Technical Committee: The Technical Committee considered a number of aspects of taxicab regulation but decided to focus on vehicle and driver safety, not on taxi licensing or enforcement. A. Challenges in vehicle safety - · There are variable standards used from city to city for vehicle and visual inspection. · MAC found a lot of vehicles to be unsafe shortly after inspections authorized by cities. MAC went to a system of vehicle mechanical and visual inspections done by the City of St. Paul under contract with the MAC. · There is a great difference between the thoroughness of mechanical inspection and the resulting safety. · Conflicts of interest between taxi companies and the inspection of vehicles · Many suburban cities where there are few taxicab trips are primarily interested in safety issues related to taxicab operations. They are primarily concerned that the vehicles and drivers operating in their cities are safe for their residents and visitors. Conclusion: A uniform system of vehicle mechanical inspection utilizing the same high standards is desirable in this region, especially the area that is the market for most of the taxi service. While is it desirable for similar high standards to exist for visual appearance there are different requirements for the age of vehicles from city to city and different ages to the fleets of vehicles from one city to another. The visual inspection function consequently could continue to be a responsibility for each city that licenses taxis. Some cities may choose to require very high visual inspection be done in conjunction with mechanical inspection such as MAC but others may choose to visually inspect taxi vehicles on their own. B. Challenges in driver safety and service Variable standards for taxi driver licensing exist in the Twin Cities area. These differences include qualifying factors such as the number and type of driver offenses and criminal offences, that would prevent a person from becoming a driver. Some cities such as Minneapolis, St. Paul and the MAC require comparable driver training programs and testing while other cites have no requirements. Some taxi service companies test drivers while many others do not. Cities with driver training requirements find they cannot often offer training classes frequently and as a result award provisional licenses that put untrained drivers on the street. These provisional licenses also take considerable time to monitor, are difficult to enforce and to cancel. Conclusion: The central city and suburban core of the Twin Cites needs a uniform system of taxi driver licensing and training with high standards.. Organizational arrangement for the regulation of taxi vehicles, driver licensing and driver training functions in the region. The Technical Committee considered a number of ways to respond to the narrow but important challenges of vehicle mechanical inspection and driver licensing and training. 1. Adoption of a uniform ordinance by each participating city. Adoption of a joint agreement to contract with specified organizations for vehicle mechanical inspection, driver licensing and driver training. A similar arrangement already exists between MAC and City of St. Paul for vehicle mechanical and visual inspection. 3. Creation of a Joint Powers Organization for the limited purposes of taxicab vehicle mechanical inspection, driver licensing and driver training. Recommendation: The Cities of Minneapolis, St. Paul, Bloomington and the Metropolitan Airports Commission simultaneously create a Joint Powers Organization (JPO) and delegate their powers of taxicab vehicle mechanical inspection, driver licensing and driver training to this new entity.. 2 1. Organization of the Taxicab vehicle and driver TVD- JPO. Each of the three cities and the MAC would have a seat on the TVD-JPO. In addition each of the 15-17 suburban cites that license and has issued taxicab licenses may annually elect one member to a suburban seat on the TVD-JPO. Each of them may also participate as a non-voting associate member of the TVD-JPO. The proposed organization would enable the cities that account for most of the taxi licensing in the region to delegate specific limited powers relating to vehicle mechanical inspection and taxi driver licensing to a new Joint Powers Organization. Other cities in the region would be able to participate as associate members. 2. Functions of the TVD-JPO A. Vehicle Inspection - Adopt standards for vehicle inspections · Contract with one or more vehicle inspection organizations such as the City of St. Paul to perform the inspections. The inspection organization would provide a sticker for the vehicle after it passes inspection. One inspection per year appears sufficient if it is of high quality. · Resolve disputes about the vehicle inspection system · Adopt fee structure to provide revenue to pay for this activity. Work with the inspection organization to collect funds to pay for inspection COSTS. B Driver Licensing and trainin~ · Adopt driver licensing standards Contract with MAC for administration of the system and the award of licenses. This includes criminal justice and driver licensing checks. It may also include fingerprinting if this proves useful and needed within one year. Adopt training requirements for drivers that reflect an interest in geographic knowledge of the two central cities and the surrounding suburbs, good will ambassador and customer relations training, defensive driver training, and knowledge of local taxi service requirements in each of the jurisdictions in which the driver plans to operate. Contract with a training organization to administer the driver-training program or inform prospective drivers about an open enrollment opportunity for classes designed to obtain a taxi driver license. A contract already exists between Minneapolis, St. Paul, and MAC and the Hennepin Technical College to do similar training. Review and determine ifa training program provided by a taxi service company meets or exceeds the standards and provides equivalent training to the training service authorized or contracted for by the TVD-JPO. This review may determine if drivers who complete a taxi service company program will need to pass the test administered to drivers in the TVD-JPO sponsored program. Adopt a fee schedule for training and either have MAC collect the fees as they handle the application for driver licenses or have the training organization collect the approved fees. It is anticipated that training fees will not significantly exceed the average amount of the fees charged today. · Resolve disputes about the driver licensing system and denials of licenses. 3. Administration and operation of the TVD-JPO. · The offices of Chair, Secretary and Treasurer will rotate between the permanent members of the TVD-JPO. · Responsibility for general administration of theTVD-JPO will be by the members of the TVD-JPO. Costs are anticipated to be minimal. Some expenses may be paid by each city/Commission as it rotates into chairing the organization. It is possible in the future that license renewal fees might be used to defray the cost of operating the TVD- JPO. · General liability insurance would be provided by the TDV-JPO. It may be possible to obtain this insurance as part of a pool from the League o f Minnesota Municipalities. The TVD-JPO will resolve any disputes that arise between a driver or a service company and the organization selected to inspect vehicles or license drivers. 4. Enforcement of the regional taxi vehicle and driver licensing system. Enforcement of vehicle inspections and driver licensing will remain the responsibility of each participating city/agency. Each city/MAC may issue tags for violations of its taxicab ordinance. Action by the city/MAC to suspend or revoke a driver's license will require notification of the organization selected by the LTV-JPO to license drivers. 4 Local taxicab inspectors and/or law enforcement officials can determine if a vehicle has been properly inspected by determining if the vehicle display a current inspection sticker in the front right comer of the windshield and if drivers are in possession or display a regional taxicab driver license. Timetable for a cooperative a~'eement. A model Joint Powers Agreement and a model memorandum of understanding will be presented to the Policy Committee for their consideration at the next meeting. Some preliminary ideas about these are noted on the attachments. There will also be a timetable for action by each participating city/MAC for adoption of the resolutions to create the LTV-JPO and the delegation of powers to set up the organization. The memo of understanding would note the initial standards and requirements the parties intend to use in administering the program for the first year. Action by each city/MAC to adopt the proposed resolution creating the LTV-JPO could occur in the fall of 2001. Adoption of standards and agreements to select an organization to perform the vehicle inspection and driver licensing may take another three months. It is possible the regional licensing system could be operational by the end of the first quarter of 2002. It is possible vehicles could be inspected and drivers licensed under this cooperative system by the middle of 2002. 5 Local Government Unit (LGU) Ordinances --) Required: Taxi vehicles must have an inspection sticker, issued by TVD-JPO, to operate and drivers must have operating license from TVD-JPO to drive. ~ Optional: 1) City issued taxi company license 2) Rules for operation 3) Rates 4) Maximum number of taxis Enter into Joint Powers Agreement ~ Creates the Taxi Vehicle Driver - Joint Powers Organization Taxi Vehicle and Driver (TVD) - Joint Powers Organization (JPO) General ~ Membership consists of all member LGU's ~ An executive board of five (5) members could be created to be a formal decision body --> Board creates and adopts roles -> Board can authorize other LGU's to join organization --> Operations supplemented by member city's involvement. Contribution of time and materials. Rules Set minimum standards for vehicles safety and appearances (optional) Set minimum qualifications for obtaining and renewing taxi drivers licenses Develop taxi driver education and training programs. Contracts ~ Contracts with other agencies, public or private to implement rules for driver training, licensing and vehicle inspections --) Agencies perforrmng services for TVD-JPO operate on a fee for service basis and collect fees --> Fees charged are set by board. Process --> Set process for obtaining vehicle inspection and taxi driver license ~ Deny licenses if necessary and provide appeals process to applicants · -> The board is the final authority in denial or revocation of TVD-YPO issued licenses. LGU would not be involved. CITY COUNCIL LETTER Meetin 22, 2000 AGENDA SECTION: Consent~, ^ i-' ORIGINATING DEPARTMENT CITY MANAGER APPROVAL: NO. FOLICE NO. And Passen[[er Services Task Force DATE: May 3, 2000 1-v DATE: ~--r/, ,~/c? / Y BACKGROIYND The Metropolitan Council recently notified us of a task force that they have formed on taxi and passenger services. As a commu_n_ity that currently licenses this function they asked if we would like to join the task force. The purpose of the task force will be to develop and advance recommendations for a cooperative and uniform framework of standards, codes, processes, and reciprocal agreements that will enhance the effectiveness of the taxicab and small vehicle passenger services in the Twin Cities metropolitan area. ANALYSIS/CONCLUSION We have akeady forwarded our current procedures in licensing taxis to the task force. Since this is a very time consuming process that staff feels would be better served if done on a metro wide basis, we feel it would be to our benefit to join this task force to develop a metro wide process that would be less time demanding from our staff. RECOMMENDED MOTION: Move to adopt the attached Memorandum of Understanding to participate in a task force for the purpose of improving, coordinating, and standardizing the regulation of taxicab and small vehicle passenger service in the metropolitan area. TMJ:mld 00-128 Attachment COUNCIL ACTION: City of Minneapolis By: Its: Date: City of Bloomington By: Its: Date: City of St. Paul By: Its: Date: City of St. Louis Park By: Its: Date: Metropolitan Airports Commission By: Its: Date: City of By: Its Date: Metropolitan Council By: Its: Date: City of By: Its Date: Date: July 31,2000 To: Members, Taxicab and Passenger Services Task Force From: Clarence Shallbetter RE: Informational requests about taxicab regulation and invitations to cities in the region to join the Taxicab and Small Vehicle Services Task Force. An initial group of cities has been in discussion at a technical staff level looking at the regulation of taxicabs and small vehicles in the Twin Cities area for the past three years. All of them have ordinances that regulate taxicabs. They include: Bloomington Minneapolis St. Louis Park St. Paul Metropolitan Airports Commission (a special purpose district considered a city for purposes of this discussion) Requests for information and a questionnaire to determine how many cites in the me.tr.opoli.ta.n . area regulated taxicabs and the nature of their regulation were sent to all of the remaining cltles m the Twin Cities area. They were also invited to indicate interest in joining the initial core group on the Task Force, to only be informed, or to indicate no interest in receiving information. Questionnaires were sent to a total of 138 cities on March 14, 2000. A reminder was sent to those cities not responding on April I0. Oftbe 138 cities, 48 were identified as charging fees for taxicabs in 1991. The remaining 90 did not appear to be charging fees or engaging in taxicab regulation. A total of 116 of the 138 have responded to date. They include 42 of the 48 who charged fees and 74 of the 87 that did not charge fees. Responses indicate 24 cities regulate taxis. Two cities want to join the Task Force and 52 want to be informed. Responses. are as follows: 1. - 2 Cities reported they re[ulated taxis and want to join the Task Force by appointing both a technical and policy representative. Golden Valley Columbia Heights 2. - 22 Cities reported they regulate taxis. They do not want to be a task force participant but would like to be informed about the discussions of the Task Force. They include: Anoka Blaine Brooklyn Center Coon Rapids Crystal Fridley Hastings Hopkins -want to get out &taxi regulation Maple Grove North St. Paul Oak Park Heights Prior Lake Plymouth Richfield Robbinsdale - may repeal licensing St. Bonifaeius - 284 taxis licensed Savage Shakopee South St. Paul Spring Lake Park West St. Paul Woodbury 3. - 12 Cities that charged taxi fees reported they do not regulate taxis. However, they would like to be informed about task force discussions. They include: Arden Hills Bumsville Eagan Edina Mendota Heights Minnetonka Mounds View New Hope Roseville Shoreview Stillwater Wayzata 4. - 6 Cities that charged taxi fees reported they do not regulate taxi and do not want to be informed about task force discussions. They include: Apple Valley Chanhassen Circle Pines Eden Prairie Inver Grove Heights Little Canada (they used to license taxis) 5. -18 Cities that did not charge taxi fees reported they did not regulate taxis. However, they want to be informed about task force discussions. They include: Andover Orono Cologne Rockford Cottage Grove Rogers Farmington. Spring Park Forest Lake Waconia Hugo Victoria Jordan White Bear Lake Lakeland Willemie Lilydale Minnetrista 2 6. -56 Cities that did not charge taxi fees reported they did not regulate taxis and do not want to be informed about the task force discussions. They include: At, on Ham Lake North Oaks BaYPort Hamburg Norwood Young America Belle Plaine Hampton Oak Grove Bethel Hanover Oak Park Heights Birchwood Hilltop Osseo Centerville Lake St. Croix Beach Pine Springs Champlin Lakeland Shores Ramsey Coates Lakeville Randolph Corcoran Landfall Rosemount Dayton Lexington St. Anthony Deephaven Lino Lakes St. Marys Point Dellwood Long Lake Shorewood East Bethel Loretto Sunfish Lake Elko Marine on St. Croix Tonka Bay Excelsior Mayer Watertown Falcon Heights Mahtomedi Woodland Gem Lake Medina Grant Minnetonka Beach Greenfield New Germany Greenwood New Market 7. 6- Cities on the list of cities that charged fees and those that historically issued taxi licenses that have not responded include: Brooklyn Park Lauderdale Mound Maplewood New Brighton Vadnais Heights Follow up contacts with the above cities are underway. Z Z Members - Taxicab and Passenger Services Task Force POLICY COMMITTEE Bloomington Mark Bemhardson Bloomington City Manager 2215 W. Old Shakopee Rd. Bloomington, MN 55431 Ph. 952-563-8780 FAX 952-563-8700 Golden Valley Robert (Bob) Shellum Director of Public Safety City of Golden Valley 7800 Golden Valley Rd. Golden Valley, MN 55427 Ph. 763-593-8059 FAX 763-593-8098 bshellum~ci.golden-valley.mn.us Minneapolis Joe Biernat Councilmember -3'd Ward Ci~ of Minneapolis 350 South 5th Street Room 307 Minneapolis, MN 55415-1391 Metropolitan Airports Commission Bert McKasy Lindquist & Vennum 4200 IDS Center 80 South 8m Street Minneapolis, MN 55402 Ph. 612-673-2203 FAX 612-673-3940 joe.biemat@ci.minneapolis.mn.us Ph.612-648-6272 FAX612-371-2439 bMcKkasy~lindquist.com St. Paul Susan Kimberly Deputy Mayor City of St. Paul Room 390 City Hall St. Paul MN 55102 St. Louis Park Mayor Jeff Jacobs City of St. Louis Park 5005 Minnetonka Blvd. St. Louis Park, MN 55416 Ph. 651-266-8510 FAX 651-266-8513 susan.klm berly~ci.stpaul.com Ph. 952-897-1079 FAX 952-897-3534 jjacobs~wilkersahegna.com Columbia Heights Walt Fehst City Manager City of Columbia Heights 790 40th Ave. N.E. Columbia Heights, MN 55421 Ph. 763-706-3610 FAX763-706-3601 TECHNICAL COMMITTEE Bloomington Shelly Durand Bloomington City Licensing City of Bloomington 2215 W. Old Shakopee Rd. Bloomington, MN 55431 Ph. 952-563-4923 FAX 952-563-8700 sdurand~ci.bloomington.mn.us Minneapolis Mike Rumpee - Licensing Inspector Vu Tran - Licensing City of Minneapolis 350 South 5th Street Minneapolis, MN 55415 Ph. Mike -612-673-3912 Ph Vu 612-673-3909 FAX 612-673-3399 Metropolitan Airports Commission Arlie Johnson Manager-Landside Operations Metropolitan Airports Commission 4300 Glumack Dr. -Suite 330 St. Paul, MN 55111 Ph. 612-726-5568 FAX 612-726-5728 ajohnson~mspmac.org St. Louis Park Brian Hoffman Director of Inspections City of St. Louis Park 5005 Minnetonka Blvd. St. Louis Park, MN 55416 Ph. 952-924-2584 FAX 952-924-2663 bhoffman~stlouispark.org Metropolitan Council Clarence Shallbetter TDM Coordinator Metropolitan Council 230 South FiSh Street St. Paul, MN 55101 Ph. 651-602-1740 FAX 651-602-1739 cj.shallbetter~metc.state.mn.us Golden Valley Robert (Bob) Heinz Police Administration City of Golden Valley 7800 Golden Valley Rd. Golden Valley, MN 55427 Ph. 763-593-8071 FAX 763-593-8098 bhemz~ci.golden-valley.mn.us Clara Schmit-Gonzalez Assistant Director-Licensing City of Minneapolis 350 South 5t~ Street Minneapolis, MN 55415 Ph. 612-673-3910 FAX 612-673-3399 clara.schmitgonzalez~ci.minneapolis.mn.us St. Paul Robert (Bob) Kessler Director of Licensing David Lobejko City of St. Paul 350 St. Peter St. St. Paul, MN 55102 Ph. Bob 651-266-9112 FAX 651-266-9124 Ph. David 651-266-9123 FAX 651-266-9124 robert.kessler~stpaul.$ov Columbia Heights Thomas (Tom) Johnson Chief of Police City of Columbia Heights 790 40th Ave. N.E. Columbia Heights, MN 55421 Ph.763-706-3755 FAX 763-706-3752 Attachment 2 MEMORANDUM OF UNDERSTANDING MINNEAPOLIS - ST. PAUL METROPOLITAN REGION TAXICAB AND PASSENGER SERVICES TASK FORCE We the undersigned do agree in this Memorandum of Understanding to participate in a task force for the purpose of improving, coordinating, and standardizing the regulation of taxicab and small vehicle passenger service in the member's jurisdictions. The goals of the group will include the reduction or elimination of duplication in regulations, increasing the safety and efficiency of the taxicab and small vehicle passenger carriers, and improving the quality of taxicab service for guests and regular users in the Minneapolis - St. Paul Metropolitan Region. Towards this end, the members of the task force shall develop and advance recommendations for a cooperative and uniform framework of standards, codes, processes and reciprocal agreements that, when adapted by the participating jurisdictions, in whole or in part, will in fact enhance the effectiveness of the industry and the relationship of the industry with the jurisdictions involved in its regulation. The members of the task force will include one person appointed to represent each jurisdiction which is a signatory to the memorandum to a Policy Committee and a Technical Committee. The Policy committee will be responsible for adopting a framework and timetable for development of recommendations and for review and advancement of recommendations from the Task Force to the participating jurisdictions. The Technical Committee will complete the work of developing proposals and recommendations for consideration of the Policy Committee. The Metropolitan Council agrees to facilitate and assist the discussion and work of the task force. The members of the committee of the task force shall provide channels and opportunities for affected providers, industry representatives, and customers to comment on proposed changes before recommendation are advanced to each jurisdiction. The group may also remain open to future membership by other interested jurisdictions actively involved in taxicab regulation, for the purpose of sharing information and recommendations. Work of the task force will in part focus on, but not limited to, the following issues: · A uniform public safety framework for taxicab and small vehicle passenger carrier services · Driver licensing and training · Taxicab vehicle standards and inspection · Standardized insurance requirements · A uniform process for determining taxicab fares · Techniques to assure a sufficient number of taxis are available from throughout the region for major events and foreseen emergencies City of Minnenpolis By: Its: Date: City of St. Paul By: Its: Date: City of Bloomington By: lt~: Date: City of St. Louis Park By: Its: Date: Metropolitan Airports Commission By: Its: Date: City of By: Its Date: Metropolitan Council By: Its: Dine: City of By: Date: R POm' from B1 Cities, airport working together to coordinate service, licensing l~st year's $14,200 in taxi-li- cense revenue was about 4 per- cent of St. Bonifacius' general fund, Fisk said -- a welcome ad- dition in a community of fewer Because of legislation passed last year, the city now requires criminal-background checks and evidence of a certified vehicle in- spection in the previous two weeks, she said. It also has raised its license fee to $75. The MAC licenses 596 cabs for an annual fee of $2,000, said Gseg Leean, assistant airport director. David Christianson, a trans- portation manager for the Met Council, said one goal of coordi- nation is that 'if a taxi owner is licensed by one city, other cities can be confident it meets their standards as well. And the owner only has to go through one [U- censtng] pm,~____~' He added, however, that ac- tions such as raising and lower- ing fares, regulating taxi stands and limiting the number of cab licenses is Ukely to stay under cities' control He also said that local cooper- ation could lead to creative ways to fill transportation gaps left by other fo ,rms of transit. The cooperative effort will fo- cus on the following topics: · Uniform standards for cab- bies' driving performance, crimi- nal-record clearances and other qualifications. ).- Uniform standards to train d~vers in Twin Cities street lay- outs, safe taxi operations and hospitality to visitors. The MAC and some comm~'lities already collaborate on a driver-training program at Hennepin Technical College. · Common vehicle-safety standards, insurance requlra- ments and procedures for setting fare~. · Enough cabs to meet peak needs during special events or weather eme~genc/~. · Designation of so-ceUed *exceptional t~,/.,' whose drivers would be allowed to bypass nor- mai pickup and dropoff restric- tions to serve most of the region. The designation could be an in. cenfive for achieving high ratings by customers and f~om inspec- tions covering cab de:~nllness, driver appearance and per- formance. Some variation in ~ stan- dards still will be necessa~, the report says. For ~mmple. it says, cebs serviug l~tnneapoli~oSt. Paul International Airport need more room for luggage than those cer- tying only passengers. And Min- neapolis wants to continue re- quiring taxt~ to line up at cab- stands to reduce downtown con- gestio~. Christianson said it's not clear whether the Legislature wiU sim- ply accept the report or order other eh~n~ in ~ service. Building Inspection Department City of Columbia Heights MEMO Date: September 13, 2001 To~ Randy Schumacher, Acting Director Walt Fehst, City Manager Mayor and City Council From: Mel Collova, Building Official Re: Point of Sale Attached is a draft Point of Sale Ordinance. BEING AN ORDINANCE IMPLEMENTING A TIME OF SALE HOUSING INSPECTION, REQUIRING INSPECTION, DISCLOSURE OF CONSUMER INFORMATION CONCERNING THE CONDITION OF ONE, TWO, AND MULTI FAMILY DWELLINGS PRIOR TO THE SALE OF THE DWELLING AND CORRECTION OF CERTAIN HAZARDOUS CONDITIONS The City Council of the City of Columbia Heights does ordain: Chapter 6 Article XI.1 PURPOSE The Purpose of this Chapter is to enhance the supply of safe, sanitary and adequate housing for the citizens of the City of Columbia Heights and to prevent the deterioration of existing housing. Chapter 6 Article XI.3 DEFINITIONS The following words and terms when used in this section shall have the following meanings, unless the content clearly indicates otherwise: "Dwelling:" one or more rooms arranged for residential use and physically separated From any other rooms or dwelling units which may be in the same structure. Types of dwellings are as follows: 1. "Dwelling, single family" - a residential building containing one dwelling unit including detached, semi-detached and attached dwellings. 2. "Dwelling, two-family" - a residential building containing two dwelling units Including detached, semi-detached and attached buildings. 3. "Dwelling, multi-family" - a building or portion of contain three or more dwelling units. 4. "Manufactured Home" - (includes mobile homes). A single family detached dwelling unit designed for year- round occupancy, constructed at a factory or assembly plant and drawn to the site on an attached under carriage and wheels. Mobile home shall not include "Recreation Vehicle" herein defined, nor shall it include modular or prefabricated dwelling units dwelling units, which meet or exceed the requirements of the current Minnesota State Building Code. 5. "Evaluation Report" - a written report prepared and signed by a person licensed by the City of Columbia Heights truth-in-sale of housing evaluator on a form in compliance with section Chapter 6 Article XI.15 of this Code. 6. "Hardship" -inability of the seller to make required repairs, including but not limited to economic circumstances, illness, death, weather or acts of God. 7. "Immediate Hazard" - a condition or defect which is likely to cause injury to a person or property if not corrected. 8. "Issuing Authority" -the City Manager or his/her designated representative. 9. "Owner's agent" -a person who acts for or has the power or authority to act for the owner of a dwelling. 10. "Sale" - the transfer of title or possession of a dwelling whether or not absolute title is transferred. 11. "Vacant"-a dwelling not occupied or not having light, heat, ventilation, and sanitation facilities. Chapter 6 Article XI.5 INSPECTION AND EVALUATION REPORT REQUIRED Except as set forth in Chapter 6 Article XI.7 of this Code, no one or two family dwelling, multi-family dwelling of four units or less, or manufactured home located within the City of Columbia Heights may be voluntarily conveyed for consideration by deed or contract for deed until the owner or owner's agent has first applied for and secured an evaluation prepared by an evaluator licensed under Section Chapter 6 Article XI.9 of this code. A separate report shall be prepared for each dwelling or structure. A valid evaluation report issued for the dwelling in question shall be provided to the buyer before or at the time of sale of the dwelling. The buyer shall not occupy the structure prior to issuance of the evaluation report. If the structure is in compliance with the requirements of section Chapter 6 Article XI. 19 of this Code, the evaluation report shall state that the structure has been inspected and is in conformance. An evaluation report is valid for a period of one year from the date of its issuance. The report is valid only for the owner listed on the report. No person shall offer for sale by exhibiting or showing a dwelling within the City of Columbia Heights without first having obtained an inspection and evaluation report as described in this Section. The evaluation report shall be conspicuously displayed for inspection at the premises at all times that such dwelling is being offered for sale. 5. The Issuing Authority must approve the evaluation form. Chapter 6 Article XI.7 EXCEPTIONS The provisions of Section Chapter 6 Article XI.5 do not apply to: 1. Any newly constructed dwelling when title is transfer to the first owner. 2. The sale or transfer of title of any dwelling to a public body. 3. The sale or transfer of any dwelling for the purpose of demolition. The sale or transfer of any dwelling by a sheriff or other public or court officer in the performance of their official duties. This exemption does not apply to the sale of a dwelling by a person appointed by a probate court. Chapter 6 Article XI.9 EVALUATOR LICENSE REQUIRED Application. The City of Columbia Heights must accept applicant's request for license. The City of Columbia Heights will only certify evaluators that have passed certification of competency tests in the City of Minneapolis, St. Paul, or Bloomington. The applicants must submit to the City of Columbia Heights certification papers from those cities. The City of Columbia Heights Police Department will verify background information of all applicants. The City of Columbia Heights will issue a license upon verification of above described information and upon the payment of the fees hereinafter provided. 2. Renewals. The City of Columbia Heights will issue renewals after the applicant meets all the requirements of this section. Revocation Hearing. The Issuing Authority may suspend the license of an evaluator for cause after 14 days written notification, addressed postage prepaid to the mailing address used in the application for the license, of the date, time and place of hearing and of the specific reasons for the suspension, a heating held thereon, and may suspend the License of competency pending such hearing. The hearing must take place within a reasonable time after the action to suspend or revoke. An evaluator aggrieved by a decision of the Issuing Authority may appeal the decision to the City Council within 10 days of the evaluator's receipt of the notice of action to suspend or revoke, by submitting to the City Council a written notice of appeal. The appeal will be heard by the City Council based upon the record of the Issuing Authority and upon any written submission made by the aggrieved evaluator. Application for certificate - fees. A person desiring a License must file with the City of Columbia Heights an application and pay a non-refundable fee fixed by City Council Resolution. The application must contain information relative to name, place of employment, time and place of schools attended and studies completed, together in a chronological record of candidates employment, with complete information relative to duties and type of work performed and certifications effective in other cities enforcing like ordinances. The application form is available to any person upon request, and if copies thereof are requested upon payment of a reasonable fee therefor. 5. The applicant must be approved by ASHI. Chapter 6 Article XI.11 CITY EMPLOYEES. Employees of the City of Columbia Heights shall not conduct the initial inspections of dwellings. Chapter 6 Article XI.13 STANDARDS FOR DENYING OR REVOKING AN EVALUATOR LICENSE Evaluator licenses shall be granted or denied by the Issuing Authority in accordance with the following guidelines: The Issuing Authority may deny an evaluator license if the applicant; 1) is not of good moral character and repute; 2) has not been convicted of any crime related to the licensed occupation or any crime other than a minor traffic offense; 3) has falsified any information or omitted material information on the license application form required by the Issuing Authority; 4) fails to provide satisfactory proof of insurance insuring the evaluator and the City of Columbia Heights; 5) fails to pay the required fees. b) The Issuing Authority may revoke, suspend, or refuse to renew an evaluator license if the license holder: 1) has been convicted of any crime related to the license application or any crime other than a minor traffic offense; 2) has falsified any information or omitted material information on the license application form required by the Issuing Authority; 3) has been the subject of substantiated complaints from residents using the applicant's services; 4) has demonstrated incompetence or inefficiency in conducting inspections; 5) fails to provide satisfactory proof of insurance insuring the applicant/evaluator and the City of Columbia Heights; 6) allows required insurance to lapse; 7) has allowed his/her evaluator certification to be used by another person; 8) violates any provisions of this Section or any conditions provided for in the licensed issued pursuant to this Section; 9) fails to pay the required fess or fails to promptly file any disclosure report. c) If a license is denied, revoked, suspended, or refused renewal, the Issuing Authority shall notify the applicant or license holder in writing of his/her right to appeal the Issuing Authority's decision to the City Council within 10 days of the date of notice. Ifa timely appeal is made by the applicant/license holder a heating before the City Council or State Administrative Law Judge shall be scheduled within a reason period. Chapter 6 Article XI.15 FORMS The City of Columbia Heights shall prepare or authorize the use of forms as it deems appropriate to constitute a disclosure under this Section. The form shall provide information concerning Code requirements, major structural defects, and immediate hazards to health, safety, and property. Chapter 6 Article XI.17 DUTIES OF EVALUATOR 1) each evaluator shall comply with the following: a) Maintain a current license from the City of Columbia Heights; b) Maintain a current License from the from one or more of the aforementioned Cities; c) Conduct all evaluations within the program guidelines; d) Meet required continuing education requirements established by the Issuing Authority; e) A License may not be issued or renewed without satisfactory proof of insurance insuring the applicant in the sum of (i) at least $250,000 against liability imposed by law on account of negligent bodily injury, death, or property damage, and (ii) at least against liability imposed by law on account of bodily, death, or property damage of one or more persons in any one accident resulting from conditions which should have been disclosed in the report but were omitted due to negligence in the inspection or completion of the truth in housing disclosure report. The applicant's or evaluator's insurance must remain in force continuously thereafter. A License will not be in effect during any period of time which such insurance and proof thereof are not also in effect. The City of Columbia Heights must be included as an additional insured on the insurance required hereunder at the expense of the evaluation; keep the City of Columbia Heights apprised of his/her current mailing address and telephone number. 2) Each evaluator shall comply with the following procedure for preparing and filing report: a) The evaluation report shall be either typewritten or legibly printed in ink on forms furnished by the City of Columbia Heights. The report shall indicate whether the condition of the dwelling meets City of Columbia Heights requirements, is below City of Columbia Heights requirements or is deemed to be hazardous at the time and date of the evaluation. b) The evaluator shall submit the original evaluation report to the seller. A duplicate shall be filed with the Issuing Authority within ten (10) calendar after the evaluation has been conducted. c) A filing fee as determined by City Council Resolution shall be required with each evaluation report filed with the Issuing Authority. Chapter 6 Article XI.19 CORRECTION OF IMMEDIATE HAZARDS a) The following items when discovered by the evaluator shall be identified as immediate hazards in the evaluation report: 1) Heating systems that are unsafe due to burned out or rusted heat exchangers, burned out or rusted flues, no vent connection, cement asbestos flues, connection with unsafe gas piping, or incapacity to adequately heat the living space. 2) Water heaters that are unsafe due to burned out or rusted heat exchangers, burned out or rusted flues, cement-asbestos flues, no vent connection, unsafe gas piping, or lack of a temperature-pressure relief valve and/or discharge piping. 3) Electrical systems that are unsafe due to overloading, damaged Or deteriorated equipment, improperly taped or spliced wiring, exposed un-insulated wiring, temporary distribution systems, or ungrounded systems. 4) Plumbing systems that are unsanitary due to leaking waste systems, leaking fixtures or traps, lack of an operating toilet, lack of washing and bathing facilities, cross connection of municipal water supply with wells or sewer lines, lack of water service, ground water sumps being discharged into the sanitary sewer, and lack of a "radio read water meter. 5) Structural systems including: walls, chimneys, foundations, floors and decks not capable of carrying imposed loads. 6) Exterior roofs, walls, chimneys, and foundations that are not weather tight and water tight to the extent of creating an immediate hazard. 7) Abandoned storage tanks. 8) Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, vermin infestation, or other materials rendering residential buildings and structures unsanitary for human occupancy. 9) Lack of operational smoke detectors located in accordance with the applicable provisions of the current Minnesota State Building Code. b) No occupancy shall be permitted of any dwelling unit if vacant and an immediate hazard exists. If the dwelling unit is occupied and an immediate hazard exists, corrective action must be taken by the owner or agent of the owner. c) When correcting identified hazards, the owner or contractor shall obtain all necessary permits from the City of Columbia Heights and the premises shall be subject to City of Columbia Heights inspection prior to occupancy of the dwelling unit. d) If due to hardship the owner cannot undertake corrective action, the buyer may elect to correct immediate hazards identified in the evaluator's report. A buyer intending to correct immediate hazards must have written consent from the Issuing Authority. Such written consent may be subject to the terms and conditions including: 1) a signed agreement from the buyer accepting responsibility for correction of the hazardous items. 2) Reasonable completion dates. 3) Evidence o f financial responsibility to perform the corrections. 4) Escrow of 125% of estimated cost of repairs as determined by the Issuing Authority 5) When the buyer may occupy the building. d) If the owner is a governmental agency or if an agreement exists between the owner and buyer that the buyer will correct immediate hazards as part of a remodeling project, the buyer may correct the immediate hazards identified in the evaluator's report. A buyer intending to correct immediate hazards must have written consent from the Issuing Authority. Such written consent may be subject to the terms and conditions including: 1) a signed agreement fi.om the buyer accepting responsibility for correction of the hazardous items. 2) reasonable completion dates. 3) evidence of financial responsibility to perform corrections. 4) when the buyer may occupy the dwelling. Chapter 6 Article XI.21 FAILURE TO COMPLY The failure of any owner, agent of an owner, or buyer to comply with the provisions of this Section or to comply with an order issued by the City of Columbia Heights pursuant to this Code shall be a misdemeanor. b) The failure of any evaluator to comply with the licensing provisions of Section Chapter 6 Article XI.9 shall be a misdemeanor. c) The City of Columbia Heights may also enforce the provisions of this section by mandamus, injunction, or other appropriate remedy in a court of competent jurisdiction. Chapter 6 Article XI.23 WARRANTY LIMITATIONS a) Nothing in the evaluation report shall indicate or shall be deemed to indicate that a building meets all minimum maintenance and building standards. b) Evaluations conducted pursuant to this section are made in order to improve the overall housing stock in the City of Columbia Heights and are not meant to be a warranty or guarantee of the dwelling evaluated. The report issued by the evaluator is not a representation to any individual buyer, seller, or renter regarding the condition of the building nor is the report intended for the special benefit of any individual. Chapter 6 Article XI.25 APPEAL A person aggrieved by a decision, notification or order under this ordinance may appeal such decision, notification or order to the City Council, which may reverse, modify, or affirm the same after heating upon notice to the appellant. The appeal must be (i) in writing, (ii) specify the decision, notification, or order appealed from, (iii) specify with particularity the basis ands grounds of the appeal, and (iv) filed with the clerk on or before 20 days following the date of the decision, notification, or order. Chapter 6 Article XI.27 EFFECTIVE DATE This Section shall be effective for dwellings conveyed on or after .,2001 BY CITY COUNCIL RESOLUTION 1) FEES a) The evaluator's license fee shall be $200 per year. b) The document filing fee shall be $50. City of Columbia Heights 590 N.E. 40th Avenue Columbia Heights, MN 55421 Time of Sale Housing Evaluation Report NOTICE - READ ENTIRE REPORT CAREFULLY Address Unit # Number of units Number of bedrooms 0voler Address of owner 1 ) This report offers a limited overview of building components and fixtures by the Evaluator and is not technically extensive. Prospective buyers may seek additional evaluations from various experts in the inspection field prior to purchase. This report is NOT a warranty or guarantee expressed or implied by the City of Columbia Heights, or the Evaluator, or of any building component or fixture. 2) The Ordinance requires that no person shall exhibit or show a dwelling for sale without fncst having obtained an Evaluation Report. The original Evaluation Report issued for the dwelling must be displayed on site and shall be provided to the buyer before or at the time of sale of the dwelling. A copy of the report must be submitted to the City of Columbia Heights within 10 calendar days after the evaluation has been conducted. 3) This report is not an FHA or VA inspection or appraisal. 4) The report covers only the items listed on the form. The evaluator is not required to evaluate inaccessible, concealed, or unsafe areas: climb on roofs; or disassemble items. This report does not address lead paint, radon, or asbestos other than asbestos chimneys. 5) This report is valid for one year from the date of issuance and only to the owner named above. 6) Any questions regarding this report should be directed to the Time-of -Sale Evaluator whose name appears on the last page of this form. Any complaints regarding this report should be directed to the Time-of-Sale Housing Evaluator. EVALUATION CODES: None = Non Existent M = Meets Requirements B = Below Minimum standards C = Comment H = Hazardous INTERIOR BASEMENT: 1. Stairs - railings, landings, steps __ 2. Floor 3. Foundation walls 4. Columns and beams 5. First floor structural systems __ 6. Floor Drain and its clean out 7A. Water supply piping __ 7B. Radio read water meter 8. Plumbing fixtures __ 9A. Drain, waste, and vent piping __ 9B. Ground water Sump discharge __ 10. Heating system installation and operation __ 11. Water heater installation and operation __ 12. Venting of heating plant and water heater __ 13. Gas lines and valves __ NA = Not Applicable Comments 14. Electrical services installation 15. Electrical service size at panel: Amps 16. All circuits indexed at the service panel 17. Electrical outlets/fixtures/wiring 18. Sleeping room(s) - egress ROOMS ON LEVEL 19. Plumbmg fixtures 20. Gas lines and valves 21. Electrical outlets/fixtures/wffing 22. Auxiliary heaters - installation and wiring 23. Wood burning appliances 24. Fireplaces 25. Floors & rooms - cons~uction and dimensions 26. Light and ventilation, windows 27. Sleeping rooms' 28. Smoke detectors (presence, location, operation) 29. Walls & ceilings components 30. Staffs and railings (upper floors) ATTIC SPACE 31. Rafters, sheathing, ventilation 32. Evidence of staining or seepage 33. Electrical outlets/fixtures/wiring EXTERIOR 34. Electrical outlets/fixtures/overhead service 35. Staffs, decks, balconies, porches, railings 36. Walls - siding, trim, etc. 37. Windows, (frames, screens, glass) 38. Doors 39. Roof covering & flashing 40. Chimney & vents 41. Drainage 42. Plumbing GARAGE 43. Roof structure and covering 44. Wall structure & covering 45. Overhead garage door - opener ~__yes no 46. Electrical outlets/fixtures/wiring 47. Gas lines & valves 48. Fire separation 49. Heaters MISCELLANEOUS 50. Miscellaneous, including abandoned fuel tanks 50A. Required paved (hard surface) parking, driveway 51. Sanitation CERTIFICATION BY LICENSED CONTRACTOR REQUIRED comments 52. Certification of the heating system required ? 53. Certification of the water heater required ? 54. Cortication &the plumbing System required ? 55. Certification of the electrical system required ? Y/N Y/N Y/N Y/N 2 56. Certification of the s~ructural system required ? Y/N __ 57. List other certifications required Y/N __ An immediate hazard as indicated in the Minnesota State Building Code was discovered and is identified herein. Verification shall be obtained from the City of Columbia Heights. "Yes" must be indicated if any item has been marked "Hazardous." "No" must be indicated if NO item has been marked "Hazardous." circle one Yes No I hereby certify that this evaluation was conducted in compliance with City of Columbia Heights Section 34 and the City of Columbia Heights Standards and Evaluator Guidelines. Evaluator's Signature: Phone number: Printed Name: Date: 20 3 CITY COUNCIL LETTER Work Session Meeting of: September 17, 2001 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Establish Board of Appeals BY: Mel Collova BY: ~~ NO: DATE: September 13, 2001 Background: Various Model Codes such as the Uniform Building Code, the Uniform Code for the Abatement of Hazardous Buildings, the One and Two Family Dwelling Code, and the Uniform Housing Code mention the assembly and use of a qualified Board of Appeals. The Board would be used in the situation where a member of the public is entitled to a hearing to determine the validity of the action of the Building Official, Fire Official, or other staff enforcing various codes. The Board has no authority to modify specific requirements of the codes and cannot grant exceptions to the codes. When elected officials act as a Board of Appeals, the position of the Board is precarious from two points of view. Even though the current legislative bodies of the City of Columbia Heights are proficient in the area of codes, there is no guarantee that the trend to have a pool of candidates with the qualifications of the current legislative bodies will continue. · Very seldom, if ever, will the legislative body be composed of a majority of members who are technically proficient in the field of construction. · As elected officials, they are particularly vulnerable to political pressures that tend to influence their decisions. Those wise in political matters, as our current City Council, would probably encourage the development of an independent Appeals Board, and support the suggestion that all Appeals Board actions should be final except those referred to the courts. Analysis: The Board should consist of members that are familiar with building construction and codes. It is recommended that the members be as follows: an architect, an engineer, a general contractor, a specialty contractor, and a layperson to represent the layperson's point of view. The Building Official is a nonvoting, ex-officio member. The City Attorney should be present at all heatings. This is desirable from at least four points of view. 1. Any legal questions by a Board member could be resolved immediately. 2. The Attorney could act as a legal referee and ensure that the proceedings are conducted in a manner that precludes a court reversal. 3. If the appellant is represemed by legal counsel and the Board is not, the appellant's legal superiority could dominate the proceedings. 4. Legal Counsel fortifies the self-assurance of the Board, leaving them to concentrate on technical issues. The formation of this Board could eliminate the accusations that elected and appointed officials conduct business favoring certain elements of the community. The Planning and Zoning Commission will still serve as the Board of Zoning Adjustmems and Appeals regarding any lawful appeals of decisions made by the Zoning Administrator.. Recommendation: Approve this proposal to remove the Planning and Zoning Commission and to be replaced by a non-political Board of Appeals, having a genuine interest in the community, knowledgeable in codes, zoning issues, maintenance issues, and knowledgeable in design and construction. Recommended Motion: Move to authorize the Building Official to solicit applications to form a formal Board of Appeals, to be appointed by the City Council, in an attempt to meet the guidelines as listed in the Building Department Administration Publication supplied by the Intemational Conference of Building Officials. Attachment-Guidelines COUNCIL ACTION: Appeals Board Chapter 14 14/489 APPEALS BOARD Need for an Appeals Board Codes are, of practical necessity, an abridgement of the studies, discussions, arguments and debates which provide the necessary data on which decisions are made when any item is being considered for adoption. Since all of the data and information gathered and discussed cannot be incorporated into the codes, they must be condensed to what is considered relevant. This condensation plus the absence of annotation could result in certain seeming ambiguities requiring interpretation. With hundreds of different persons administering the codes, different interpretations are inevitable. As a consequence, an interpretation rendered by a building official under certain circumstances may be challenged. There may be times when a new product or method of construction is proposed on which the building official takes a negative stand. These are situations in which a member of the public is entitled to a heating before a qualified board to determine the validity of the action of the building official. The building official may at times convene the board to assist in evaluating the merits of a proposed product or method of construction, or even to assist in the interpretation of code provisions. The appeals board can play a very important role in helping to keep the building department on an even keel. In order to make it productive and meaningful, the development of such a board requires careful planning and implementation. Board Composition Persons recommended for board membership should be representative of the construction profession. A board intended to sit in judgm¢-!t of matters pertain- ing to the building code should be restrictc ! to those knowledgeable in matters controlled by the building code. This board should consist of a structural engineer, an architect, a general contractor and a specialty contractor other than one from a trade regulated by the codes and, lastly, a lay member of the public to represent the layman point of view. The building official should be a nonvoting, ex officio member and act as secretary. This group should not act on matters pertaining to electrical, plumbing and mechanical questions. Source of Membership In developing an appeals board, the building official should take the initiative and make contacts with professional organizations, seeking their assistance in ~lies RS, blic phy 14/490 Building Department Administration selecting qualified persons for recommendation to the legislative body for appointment. Such persons should then be interviewed and be made cognizant of the true nature of the appeals board. When the interviews are completed, the names should be submitted to the legislative body for formal appointment by resolution. What is Appealable? Section 204 (a) of the Uniform Building Code states: In order to hear and decide appeals of orders, decisions or determina- tions made by the building official relative to the application and interpre- tation of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction... Section 204 (b) states: The board of appeals shall have no authority relative to interpretation of the administrative provisions of the code nor shall the board be empowered to waive requirements of this code. This means that the board of appeals can consider the use of materials or methods of construction which are somewhat different from those specified in the U.B.C. It is also empowered to render "reasonable" interpretations of the code. Unfortunately, the word "reasonable" is vague and leaves open the question of how far the board of appeals can go in granting relief from code requirements. In the absence of specifics to the contrary, it is necessary to do a certain amount of rationalizing to arrive at some sensible answer to the question, what can be appealed? For the simple reason that the code, after being properly adopted, is a legal instrument governing the construction, use and maintenance of buildings and structures. It contains certain provisions which are somewhat flexible and in which discretion is given or implied. It naturally follows then that in the absence of such discretion, the code must be followed to the letter. In other words, items which are subject to appeal are those which are not code mandated. For example, in a situation where the building official, in exercising his or her discretion, has imposed a requirement, but which the permit applicant feels is unwarranted, he may ask for the matter to be referred to the appeals board for adjudication. Those code requirements which are rigid and fixed are not subject to appeal. Granting relief from their requirements would constitute a variance or exception, neither of which is within the scope of power of the board of appeals. A board may superimpose its judgment over that of the building official only in a limited number of ways. For example, Section 303 (a), paragraph 3, states: The building official may issue a permit for the construction of part ora building or structure before the entire plans and specifications-for the whole building or structure have been submitted or approved. In refusing to issue a permit under the provisions of is very good cause, the building the board of appeals, if the matter is appealed. Such a situation is a very ~ example of an appealable item. However, where there is no discretion or otherwise, the question of appeal is radically different. For example, -q 506 (a) 1 oftbe U.B.C. states as follows: 1. Separation on two sides. Where public ways or Appeals Board 14/491 feet in width extend along and adjoin two sides of the building, floor areas may be increased at a rate of 11/4 percent for each foot by which the minimum width exceeds 20 feet, but the increase shall not exceed 50 percent. An appeals board has no authority to modify this section because it is a specific requirement of the code. Court Actions When a decision of a board of appeals is taken into court, it is usually on a point of law. The charge may be discrimination, interference with constitutional rights, or some other legal maneuver rather than an attack on a technical decision. Very few members of the judiciary would take exception to a technical decision rendered by a properly composed board of appeals. How Much Authority is Necessary? The caption above is provocative but requires an answer. Each municipality must decide its own answer based on some of the factors mentioned in this chapter and examine its own code in depth to clearly understand its full implica- tions. It is the author's contention that: I. A board of appeals is a vital necessity. 2. Separate boards should be appointed to pass on each of the various codes administered by the building department. 3. The board be composed of professionals; never the legislative body. 4. It be granted power to superimpose its judgment upon the building offi- cial. 5. Its duties be clearly delineated by resolution. 6. All its hearings and deliberations be public and conducted in a quasi- judicial mannen 7. Its decisions be final and not subject to further hearings or actions by the legislative body. Rules of Procedure The board should establish its own rules, regulations, procedures and by- laws. Since the building official will actually provide the administrative assis- tance to the board, it would naturally fall upon him or her to develop written procedures and forms for their consideration. Exhibit No. 14-1 is a suggested format for bylaws and rules and regulations. Building Official's Responsibility Irrespective of the true attitude of the building official on an item which has been appealed, it will always be more favorable to remain unprejudiced. Upon receipt of an appeal request, the building official should prepare a written statement to be sent to each board member in advance of the hearing, giving both sides of the question clearly and objectively. A copy of this letter should also be directed to the appellant. (There are numerous cases in which an appellant has withdrawn his request for a hearing after seeing in writing an objective represen- tation of both sides of the question.) ~nts ~ing ;upplies forms, Public i of Iraphy :)hs, 14/492 Building Department Administration Forms As with any other public hearing, certain forms are required as a matter of course. These forms can be as simple or as complex as desired. Separate forms should be provided for the following subjects: Appeals Board Hearing Request See Exhibit 14-2 Notice of Hearing See Exhibit 14-3 Action of Board See Exhibit 14-4 The tires of these forms are self-explanatory and the contents on the forms should be intimately related to such titles. What Items Can Be Appealed? Exceptions to the codes cannot be granted either by the board of appeals or by the legislative body. Items which can be appealed must lie within the limits of professional discretion and in which the item being appealed is not a specific code mandate. In order to verify that such an item can be appealed, it is always advisable to discuss the matter with the legal department. Appeals Board Composed of Elected Political Officials Some jurisdictions do not appoint appeals boards, but instead the legislative body acts in this further capacity. This arrangement is precarious from two points of view: · Very seldom, ifever, willthelegislativebodybecomposedofamajorityof members who are technically proficient in the field of construction. · As elected officials, they are particularly vulnerable to political pressures that could tend to influence their decisions. There may be many other reasons why a political body should not act as a technical appeals board, but these two reasons should be sufficient to point out the inadvisability involved. Those wise in political matters would probably encourage the development of independent appeals boards and support the suggestion that all appeals board actions should be final except those referred to the courts. Developing Rapport Most building departments exercise discretion very effectively and seldom find themselves in a position that requires convening the appeals board. As a, result, board members and building department representatives seldom have a close acquaintance. It is advisable to develop and maintain good tween the building official and board members. An occasional together is highly recommended. This can be a meeting to discuss the current codes, problems, suggestions, or just to visit. In any event, such meetings I to improve and solidify relationships. Additional Duties Increasing use of housing codes has increased activities The appeals board can be adapted to this additional role. A suggestion with the legal department and concurrence of board member~ ~1 precede any action to impose this additional dut] advisory appeals board is recommended. ~ppeals Board 14/493 Liability Board members at times will express concern over the possibility that their actions could expose them to personal legal suits. Such fear could tend to affect decisions or at least to inhibit them to some extent. The liability insurance coverage of political subdivisions usually includes all public officers and mem- Ix:rs of appointed boards, but it is suggested that this question be explored with the legal department. Board members should be free to exercise professional judgments which at times will have no precedent. They are entitled to reassurance that their deci- sions will have no undesirable legal repercussions for them as individuals. Conduct of Hearings The board of appeals is a "quasi-judicial" body. It is legally empowered to hold hearings and to conduct investigations into disputes between the building official and any member of the public, and to pass judgments on matters in which the exercise of discretion is legal. Hearings must be public and should take place in the room normally utilized by the legislative body or the Planning Commission. Appellants, or their representatives, and representatives of the municipality must be given the opportunity to be heard. Records Since this is a quasi-judicial hearing and could conceivably end up in court, it is necessary that an accurate record of the proceedings be kept. This can be accomplished by simple minutes, a court reporter or a tape recorder. It is not necessary to transcribe the tape unless it is demanded for a court trial. The appellant should be required to pay for any costs of transcription. Prohibitions There are times when a visit to the site of a dispute can help the board members arrive at sensible and logical conclusions. Such a visit must always have the concurrence of the appellant. If such permission has not been secured and the beard goes to the site, any resulting evidence or conclusions would lack legal credibility if challenged in court. In cases where an action by the board cannot be concluded in one day, requiring a continuance, discussions between board members or between any board member and a witness outside the hearing room must be avoided. Legal Representation If at all possible, an attorney representing the municipality should be present at hearings. This presence is desirable from at least four points of view. 1. Any questions of a legal nature by a member of the board of appeals usually can be resolved immediately. 2. The attorney can act as a legal referee and ensure that the proceedings are conducted in a manner that precludes a court reversal. 3. If the appellant is represented by legal counsel and the board is not, his legal superiority could dominate the proceedings. 4. The presence of legal counsel fortifies the self-assurance of the board, leaving them to concentrate on the technical issues. 14/494 Building Department Administration Testimony Each witness should be sworn, giving his or her name, address, pos~tt~n~ or affiliation. For example: "John Jones, 1234 Main street, I am a budding inspector for the city." Evidence Any material, photos, drawings, etc., submitted as supporting evidence should be tagged and assigned a number which is recorded in the hearing record. Recording Seldom is a court recorder used in an appeals hearing, but the type of case should dictate that necessity. In any event, the hearing should be recorded· The recording secretary should make references to pertinent events, such as the nresentation by a witness, or relevant data, by taking note of the digital counter ~n the recorder. (This is for ease of future reference.) If minutes are to be the only record, they must be as complete as possible. Concluding Hearing When all evidence has been presented and all testimony taken, the chairman should close the hearing to further testimony and the matter should be given to the board for discussion and resolution. There are times when such discussions raise additional points in the minds of appellants who wish to respond. The chairman may reopen the hearing, with the concurrence of the board, providing no one involved in the proceedings has left the room. Rndings A necessary instrument of law is that referred to as "findings" which are usually the closing remarks on the record of the proceedings, worded approxi- mately as follows: "It is the express finding of this board based on the evidence presented and the sworn testimony given that "The final words could be "the appeal is sustained" or "the appeal is denied" or "the appeal is granted subject to the following." Signature When the record is typed, it should be transmitted to the chairman for signing so that there is no question that the accuracy of the record is being attested. A copy should then be sent to all concerned. These procedures may be excessive of those "suc,cessfully" used by many municipalities, but an increasing awareness of people s rights is focusing atten- · n on the activities of many public servants who, in the name of expedie[?,l ~aOvne taken calculated risks by flaunting the law and thereby have cout[m personal liability suits. .. . . These procedures do take time a~..d ef.fort and~ s h .o u l_d~ .b. ~ ~u t~iuZseedit,~n ~ne. n~t;~ of better government, fair play ana justice, ann not omy ,~,--- ~,-- may carry a personal legal liability. Appeals Board 14/495 Conclusion Appeals boards are a vital element in the judicial process. If they are properly composed and confine their actions within their discretionary limits, it is highly unlikely that any decision that they have rendered will later be reversed by a court. In fact, if a properly handled case is taken into a civil court, the intent of · .u ~.:^~ ^~ the a,-,,eals board's technical decision is seldom the issue, due process, prejudiced presentation to the board oI appeals, or even rmmre to inform the appellant of his right to be represented by legal counsel. The building official should not look upon the appeals board as an adversary but rather as a valuable source of quasi-judicial relief for those who may have cause to appeal to such boards, even though the appeal may be against a decision of the building official. Exhibit No. 14-1 Board of Appeals Bylaws The following bylaws are hereby adopted by the Board of Appeals created pursuant to of the (City, County) of 1. The Board of Appeals shall meet at call of the chairman or when requested by the building official. 2. A chairman of the Board of Appeals shall be elected by a majority of the entire regular memberskip at the fkst meeting of each calendar year, to serve for a term of one calendar year. A vice-chairman shall be elected in the same manner at the same time for a term of one calendar year. 3. The chakman of the Board of Appeals shall preside at ail meetings, shalI c°nduct all hearings, and exercise and perform such other powers and duties as may be from time to time assigned to him by the Board of Appeals or prescribed by the bylaws. In presiding at meetings and heatings, the chairman shall rule on procedure and on order of presentation. 4. The Board shalI be the judge of the qualifications of persons appearing as exper t witnesses and shall be empowered to refuse to receive the testimony of any purported expert not so qualified. 5. in the absence or the disability of the chakman, the vice'chairman shall perf°rm all the duties of the chairman and when so acting shall have all the powers of, and be subject to all the restrictions upon, the chairman. 6. In the absence of both the chairman and the vice-chairman of the Board of Appeals, a chairman pro tempore shall be elected from among those regular members present by a majority vote of all the Board present. 7. Should any member have knowledge of any facts which may c°nstitute a c°nflict of interest in his consideration of any appeal, he shall forthwith notify the building official of said facts. 8. The secretary shall keep, or cause to be kept, minutes of the proceedings of the Board of Appeals and shall prepare an agenda for each meeting which shall be furnished to members prior to the actual hour of the meeting. The secretary shall, in addition, be custodian of the records of the Board of Appeals and shall, upon the filing of an appeal, furnish each regular member with a copy of the letter of appeal. Building Department Administration 14/496 9. Appeals from decisions of the building official shall be in writing, shall be directed to a specific decision of the building official and consideration of said appeal by the Board of Appeals shall be limited to the said specific decision. 10. Appeals will be beard at special meetings called pursuant t° law by the presiding officer or by a majority of the members. Requests for heatings must be scheduled at least ~ days prior to such hearing. 11. art of any anpeal intends to submit evidence, or a legal argument, °utside °f If a p Y · if t~ Board of Ap~als, said party shall so inform the secretary of the expertise o the Board of Appeals in writing at the time of the filing of the appeal. F~ulure to ,rovide such information shall be cause for the prohibition of the presentation of ~uch evidence or argument. 12. The decision of the Board of Appeals on an appeal shall be final. 13. These bylaws may be amended by a vote of four of the regular members of the Board of Appeals. Adopted this ~-- day of ----, 19--, by the following vote: AYES:. NAYS: Chairman, Board of Appeals MEMBER MEMBER MEMBER MEMBER Exhibit No. 14-2 DEPARTMENT OF BUILDING AND SAFETY BOARD OF APPEALS APPLICATION FOR HEARING Date -- Address of property Location Address of owner _ Phone: ------.------------- Location ATEMENT: It is requested that the Building and Safety Boar~ ? A p pe.al,,s_s~ thvedt oU!e a ~eTa~ng on an appeal from the decision of the Department of Bullamg anu ~alety · Appeals Board This appeal is based on the following factors: 14/497 Signature of Appellant Exhibit No. 14-3 DEPARTMENT OF BUILDING AND SAFETY BOARD OF APPEALS NOTICE OF HEARING Date - Case No. Re: Having received an application for a heating before the board of appeals, notice is hereby given that a hearing has been scheduled for __ o'clock----.-----an., _ at which time ~no~may appear in perso~:otr be represented by an authorized agent, legal, technical or both, and present reasons which you may have to the granting or denying of this petition. You are advised to prepare your case, in detail, and present all evidence relating to this petition at the time of the scheduled hearing. Very truly yours, Secretary, Board of Appeals Exhibit No. 14-4 DEPARTMENT OF BUILDING AND SAFETY BOARD OF APPEALS NOTICE OF DECISION Date Case No Re: ~ regarding At a public heating held on __ your above-numbered appeal, the board of appeals rendered the following decision: >ntrols ~tion Dfficial andards , the Code ,ffiliates quirements nd Training ,unter 'tment Suppli it rtment leports with the bilitation d, Table of ements. )tograph$, maps. Chairman, Board of Appeals 14/498 Building Department Administration Summary If it appears to the reader that this book carries excessive admonitions on the hazards inherent in the position of the building official, one of the major objectives of the author has been accomplished--for there was a deliberate attempt to alarm and alert those who do not comprehend the full ramifications of this function. There will be some who will maintain that the author has overem- phasized the position's importance and responsibilities. But there will be others who, perhaps for the first time, will see building regulation in a new perspective and develop a deeper and more comprehensive understanding of the true nature and scope of this relatively obscure work. Hopefully some enlightenment will occur to persons who hold sway over building officials, and through such revelations of the true importance of building regulation, give recognition and support to the concepts and propositions recited herein. Construction occupies a tremendously important position in the economic structure of the United States. In the year 1985, it accounted for 20 percent of the Gross National Product. (That amounts to approximately $200 billion--the G.N.P. accounting for over $1 trillion.) This important and vital industry should not be subject to capricious or irresponsible treatment by those vested with legal authority over it. The manner in which codes are promulgated, amended, administered, and enforced has a profound impact on all aspects of the construc- tion industry. This book attempts in one small way to provide guidance in the administration of a building department which will assist building officials in developing and maintaining an objective relationship with those involved in construction, directly and indirectly, while at the same time providing protec- tion to the citi ~ens of our communities in consonance with the intent of the enabling statutes.