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
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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.