Loading...
HomeMy WebLinkAboutFebruary 7, 1994 Work SessionMeetins of: Notice is hereby given that an official meeting is to be hdd i~ tim City of Columbia Heish~ as follow~ CITY OF COLUHBIA HEIGHTS CITY COUNCIL -- WORK SESSION Date of Meetia&: FEBRUARY 7, 199q TEac of Meeti~; 8P.H. Location of M~-ting: CITY CONFERENCE ROOH PnrposcofMeetin~ AGENDA: WORK SESSION 1. ACCAP Real Estate Tax Request 2. LaBelle Pond Bids 3. LaBelle Eastbank Project Water System Study RFP~s '5. Sheffield Redevelopment Plan 6. Legal Services 7. Other Work Session Dates (Saturday for Board/Commls~ion vacancy interviews and meeting with Rep. 5imoneau, Novak) 8. Housing Halntenance Code Amendments 9. Adjournment Sen. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities, Upon request, accommodation will be provided to allow individuals with disabilities to participate in aH 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 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) (~ITy OF COL~IA HI!IGI-ITS TO: FROM: DATE; RE: Mayor/City Council City Manager, Pat Hentges February 4, 1994 Comments on Executive Session and Work Session on February 7, 1994 1. EXECUTIVE SESSION I request that the City Council meet in Executive Session at 7 P.M. on Monday, February 7th, 1994, for the explicit purposes of discussing the JUDICARE lawsuit. We are scheduled for initial heariag on February 11, 1994. 2. REAL ESTATE TAX REOUEST You previously received a packet on the ACCAP real estate tax request for cooperative housing designation or the possibility of payment in lieu of taxes. Please review the previous information that I supplied to you on this matter. 3. LA BELLE POND BIDS Be advised that we held a bid party and no one showed. Mark Winson will be available to discuss the implications and alternatives. 4. LA BELLE EASTBANK PROJECT Enclosed please find information updating the LaBoIIo Eastbank Project status. 5. WATER SYSTEM STUDY RFP'S You previously received the three proposals for the water system study. I request that you familiarize yourself with the proposals and bring your copies to the meeting. 6. SHEFFIELD REDEVELOPMENT PLAN I was hoping that the City Council could provide some general direction on the adoption of the Sheffield Redevelopment Plan. My thought is that the plan could be adopted on the February 14th meeting after such time the alternatives are further pared down. At that time, city staff would send out the plans in the form of a RFP to various development firms, and at the same time, begin finalizing the financing or preparing project proposals for those alternatives that are proposed for city implementation. As a side, MHFA has notified the HRA that we were not funded for the grant. The only metropolitan cities funded were Minneapolis, St. Paul, Bloomington, and Richfield. It appears that the uncertainty of our plan at this point in time influenced the award. Our discussions with an MHFA staff member revealed that our plan did rank high with him in terms of the leveraging of local dollars and genuine need. The staff will continue to identify outside discretionary grant opportunities, but it is important that we identify with preferred project alternative or alternatives, it might be helpful at the work session for the City Council to individually rank the alternatives in terms of personal preference, or at the very least, throw out those alternatives that may not be acceptable because of costs or impact. ?. LEGAL SERVICES Attached please find a proposed RFP on legal services, a memorandum on alternatives, and other background information. 8. OTHER WORK SE.~ION DATES I request that the City Council consider a Saturday morning work session to interview Board and Commission vacancies or reappointments and for a meeting with Representative Simoneau and Senator Novak. Two possible Saturday morning dates as alternatives would be helpful. Additionally, I am suggesting that we establish a list of March and possibly April work session dates. I'm afraid that I will need a couple of extra meeting nights beyond the regular Monday work sessions in order to keep up with the back log of business. 9. HOUSING MAINTENANCE CODE AMENDMENTS Enclosed please find copy of the revisions for the Housing Maintenance Code. I have sent this out to the attendees at the meeting. I am suggesting that the item be scheduled for adoption on the February 28th meeting. I suggest that if we need another work session to review this item, the formal consideration be delayed until the regular City Council meeting of March 14th. The only outstanding points yet to be hashed out are the continuing education requirement, suggestion that an administrative variance provision be included, and the request for tenant information. The latter two items have not been included in the ordinance, and the continuing education item needs further definition of eligible training that meets the intent of the ordinance. cb CITY OF COLUMBIA HEIGHTS Public Works I~pm'tm~nt TO: FROM: SUB~JECT: DATE: PATRICK HENTGES CITY MANAGER MARK A. WINSON PUBLIC WORKS DEPARTMENT LABELLE EAST BANK EROSION CONTROL PRO~ECT (9103) FEBRUARY 4, 1994 The City Council has set a Public Hearing on the proposed project to control erosion on the LaBelle East Bank. The purpose of the meeting will be to solicit the comments of thc owners and residents of thc properties on Circle Ten'acc that back up to LaBcllc Park with regard to thc need for the project and assessments for part of the project cost. Attached are copies of a memo on this project and a summary of the neighborhood meeting that was held. These items had previously been submitted to the Council. Since the last work session on this subject, staff has contacted an appraiser to determine a feasible, defensible assessment on the properties. Malcolm Watson of Watson Appraisal Service felt that the properties could withstand an assessment of 5% of the property value. Attached is a summary of the most recently available property values fi'om Anoka County, recent sales values and the amount of money a 5% of the property value would generate. Based on our discussions with thc affected property owncrs, there is very little support for any assessments. Staff has also contacted the National Guard regarding construction assistance in order to lower the cost. When originally contacted, the Guard was in the midst of discussion on whether to get involved in local projects. They have recently informed staff that they will consider projects. Staff is preparing an application, but based on the discussion with the Guard, this project has a low probability of being approved for assistance. MAW:ih 94-081 Attachment CITY OF COLUMBIA HEIGHTS Public Wod~ Department TO: FROM: SUBJECT: DATE: PATRICK ttEN'I13ES CITY MANAGER MARK A. WINSON PUBLIC WORKS DIRECI'OR/CrrY ENGINEER LABELI~ POND RESTORATION AND LAB~ EAST BANK EROSION (9103) PROJECTS DECEMBER 8, 1993 This memo is to update the progress being made on these two projects and to xcquest some time at a work session to discuss these projects with the City Council. Pond R~storafion Staff hns met several times with the consultant, HN'rB. Plans and and will be ready within the next two weeks. The consultant has contacted the DNR, Corps of Department. Through these contacts, it has excavation (dredging) can be done under Environmental Assessment Wodadu~t interested State and Federal agencies. Excavation in excess of three acres who have expressed the and thc U.S. Fish and WHdHFC that one acre of hydraulic Corp permit without providing an ~ wotlld l'eqllire rrdnimnl review ~ for the ' a separate permit from the Corps of E~.~rs · ' approval would be ~t to obtain in this ciro~m~. In order to construct the strucUnT, s and gct a start on the dredging of thc pond, staff suggests that thc on excavating a one acze area concun'ent with an application to excavate a total ofac~es. If approval for the three acm application is rcccived in a timely fashion, the work could be added to the contract. If not, thc additional two acres would be thc winter of 1994-95. In maintain a time lhie, staff would like to x~'ive authorization to advcrtisc for bids at the 27, 1993 Council b~ting. I would appreciate the opportunity to discuss this project with the Council prior to that mccting. Meranmna-m to Patrick I-Ientges December 8, 1993 Page 2 LaBelle East Bank Ermion Control Project On November 9, 1993, a public informs~ion m~tiag was held on the crosion conu'ol project. Both the propcrty owners and rentcrs along the top ed~ of the bank wcre infcmmi by mail of the meeting. The meeting was attended by seven people. A summary of the meeting is almched. The general feeling of those ,-,~llng was that the crosion sho, ld bc controlled but that the property owners should not be asked to pick up any ~f the costs. Due to the po~r turnout, it may be appropriate to mail out a questionnaire to the ~ owners. The si _tcrnative may be to determine a reasonable assessment fro' the project and have a Public I4_ea~g. In order to utilize all the funds awarded by the Anoka County Soil Conservation District for this project, a contract needs to be in place by ~'une 1, 1994, for the first phase of this project. Staff feels that we need ~ discuss how to proceed with thc Council before mklrlg further action. MAW 93-794 Anachn~_-ut SUMMARY OF PUBLIC INFORMATION I~iF-TING FOR LAB~L~ PARK EAST BANK EROSION CONTROL WITH PROPERTY OWNERS AND RESIDEN'I~ November 9, 1993 7:00 P_M. John P. Murzyn Hall, Mathai~-McK~nna Rooms Four property owners (2 owner-occupied and 2 absentee owners) and three residents (renters) were at the meeting. Seventeen ~ owners and 25 residents wcx~ informed of the meeting by mail. Columbia Heights was represented by Mark Win:mn, Public Works Director/City Engineer, and Kathy Young, Assistant City Engineer. PROJECT PRESENTATION BY MARK WINSON Proposed Construction Soil erosion f~m the bank has been going on for. many years ami will continue in the futura. Thc result is that thc top of thc slope is encroaching more and more on private property and thc pond is being filled with silt. This is of some concern for both the City and those property owners who have garages, utility sheds and psridng areas near the top of the slope. Thc Engineering Department staff first designed a retaining wall extending from 1207-09 to 1337-39 Circle Terrace. The cost est/maR to construct a r~ining wall was $485,000. The City Council and staff felt this was too expensive and researched other options. A more feasible approach to solving thc soil erosion problem is: Selective cutting of trees and clearing of underbrush. Filling slopes with steeper than 1:1 grade. Placing a flexible polymeric mat in natural drainage swales. Placing a 100% coconut fiber mat on the x,xmaindcr of the slope. Planting a low-maintenance shade-tolerant seed mixture. This work is proposed from 12074)9 through 1331-33 Circle Tema:e. The majodty of the steep slope is on private property at 1337-39 and 1343-45 Circle Ten'ace. These pmtmn~ owners have addressed the slope erosion problem by ins~,nlng concrete rip rap. The slope is also o~ priva~ prolmW at 1349-51 and 1355-57 Circle Terrace. However, the slope is not as seve~ on these properties. The cost estimate for this alternative is $269,000. Public Information Meeting November 9, 1993 Pase 2 Comments by Alzendees Responses by Mr. W'm~n All of those in !~evd~,~ce felt the erosion control mai was an appropria~ solution. Ther~ was some concern with foot u'affic disuniting the mat. The Public Works employees would maintain thc mat as needed. e One property owner would like m have nx~'c lights inmlled on slope ro reduce congregating. Additional lights ar~ not pan of figs project bu~ could be looked al in the fume, All of those in auendance fek the concrct~ riprap at 1343-45 Circle Terrnce looked t~ible. Thc riprap is on private tn'opcny and s~--ms to have solved thc problem at this locagon. The Ia'operty owner at 1337-39 Circle Tcnacc said the riprap on his property was overflow from 1343-45. The owner ai 1337-39 Chule Tm'race may want to be included with prujec~ Including this property may be possible. Financing Thc City of Columbia Heights has been awarded a grant by the Anoka County Soil Conservation District for 50% of the project cost. The remaining 50% will be paid for by the City and ~ oWnCl"S. Thc grant does have a limit of $30,000 per year. Thc project will' need to be constructed in stages over five years, be~nning in 1994. (The City will have grant money for 3 of the 5 years avnilnble in July of 1994.) All construction could be completed by the end of 1996. Thc assessment could be based on cost per foot or equal share per property. If httm' method is used, the cost would be appro~mntely $5,000 per property, providing thc City pays 50%. This assessment could be spread over at least 10 years. Public Information Meeting November 9, 1993 Page 3 Comments by Attendees Responses by Mr. W'mson The property owners felt this was too much added expense. The City is mo~ than 50% responsible because they allowed the houses built there in the first place. Thc property owners have inherited a problem that needs to be addressed. Thc Council feels it may be appropriate to assess part of thc project. Money spent on park should have been spent on slope. The park has served a neighborhood need and is heavily used. Property owner at 1231-33 Circle Terrace has spent a lot of time and money filling the back. This property doesn't have a problem. Conclusions A questionnaire could be sent to those property owners who didn't attend. The information from this meeting and the questionnaire will be provided to the City Council If the Council decides to proceed with the project, a hearing will be held in January or February. All property owners and renters will be advised of the hearing by msil. jb 93-759 18-Jan-94 ADDRESS ON 5% OF TOTAL CIRCLE TERR. 1993 ANOKA CO. VALUES FOR DUPLEXES VALUE SALE OF PROPERTY LAND VALUE BLDG VALUE TOTAL VALUE SALE AMT SALE DATE 1207-09 $20,700 $56,500 $77,200 $3,860 1215-17 $20,700 $57,300 $78,000 $3,900 1221-23 $20,700 $56,400 $77,100 $3,855 $89,500 1/83 1231-33 $20,700 $63,900 $84,600 $4,230 1241-43 $20,700 $63,400 $84,100 $4,205 $105,000 4/89 1251-53 $20,700 $63,100 $83,800 $4,190 1251-63 $20,700 $56,700 $77,400 $3,870 1301-03 $19,700 $56,200 $75,900 $3,795 1307-09 $19,700 $56,300 $76,(XX) $3,800 1313-15 $19,700 $57,500 $77,200 $3,860 1319-21 $19,700 $60,900 $80,600 $4,030 1325 - 27 $19,700 $56,1 O0 $75,800 $3,790 $93,500 9/90 1331-33 $19,700 $61,100 · $80,800 $4,040 $85,000 3/85 1337-39 $19,700 $60,500 $80,200 $4 - $100,000 12/63 1308 - 10 $19,700 $56,300 $76,000, $3,800 $75,000 5/90 ENGINEER SUPPORT Use of National Guard resources (personnel and equipment) to assist the civilian domain. program must clearly benefit the disadvantaged or a wide spectrum of the community in alleviating social and/or economic problems. An example would be an engineer unit upgrading a community play~ound. Participation is not authorized when it may directly or indirectly benefit any of the following: *a private group or individual *a private corporation (profit/nonprofit) *a religious sect *a fraternal organization *a q,,ani-religious or ideolo~cal movement *a political party *a commercial venture *be associated with solicitation of votes in political elections The organization requesting engineer support must furnish the following: *Detailed letter of request to the unit *100% of fuel must be furnished *Non-Conflict of interest a~eement from 3 community businesses *Releas~ of liability statement (Project Sponsor and/or Owner of Land) *Insurance Document *Environmental Impact Statement *Project Plans Support dependent upon availability or resources and cannot detract from the unit's mission training requirements. For more information on Guard cc~tact: Major Joe Kelly 612-282-4012 requesting engineer support from the Minnesota National Office of the ~Ajutant General State of Minnesota AT, N: ~AG-DPT-MS 20 West 12th Street St. Paul, MN 55155-2098 CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: Mayor/City Council City Manager, Pat Hentges February 4, 1994 Legal Services Contract Over the past few weeks, I have investigated various alternatives for legal services. Including contract arrangements with a firm or multiple firms, County Attorney prosecution, and in-house legal staff. I met with County Attorney, Bob Johnson, and he expresses reservations about providing prosecution services for the City. He emphasized that the size of his staff and distance from Columbia Heights perhaps would be a disadvantage in maintaining a good, long term relationship. Additionally, he emphasized that County Attorney probably could not provide Columbia Heights any significant savings in legal costs by contracting with the county. Based upon Columbia Heights' case volume, he felt that one full time attorney plus support staff would be necessary to accommodate the work load, and two additional attorneys would have to be pooled into the mix, to accommodate scheduling and follow up/response time. Mr. Johnson indicated that he was familiar with the current city attorney's organizational approach to prosecution and discussed the same with Anoka County court. Overall, he gave Woods' firm high marks on efficiency and competence. Mr. Johnson openly offered to meet with the City Council to provide advice or insight into alternatives. I have prepared for your review, a Request for Proposals for both general legal representation and city prosecution services. The proposal allows firms to submit on an either/or basis and request both a flat retainer and per hour fee rate. In any event, litigation would be on an hourly basis or pre-negotiated arrangement on a case by case basis. I have been thinking about how to go about advertising the RFP for legal services. My general inclination is to advertise in the Focus, and the publications of the various bar associations. However, the publication time frame may slow our response deadlines. Word of mouth and the Focus news article have already generated a fair amount of interest. Perhaps a direct mailing to those who have expressed an interest, plus Columbia Heights' firms may suffice. Nothing prevents us for inviting firms to submit proposals. With regards to in-house prosecution or general counsel representation, I have not finalized my investigation. Though it has been easy to obtain information on budgets and general legal costs, it has been more difficult to translate or compare the legal work load in one city to the potential volume of work in Columbia Heights. This is necessary to determine the size and capabilities of the staff. The volume of cases and scheduling difficulties probably prevent the City from having an efficient in-house system for only City prosecution. In other words, we would need at least two prosecuting attorneys and a paralegal plus overhead, to accommodate our volume of prosecution. This staffing level is more a product of scheduling conflicts than work load. Thus, the cost to undertake this would likely be in excess of $100,000-$115,000 annually we had spent on outside prosecution. Accordingly, in order to provide an economy of scale, the in-house staff would have to take on the additional general legal activity. The budget for an in-house staff would include at a minimum the following costs: START UP COSTS: 1. Start up costs -- office space $15,000. 2. Desks/computers $17,500. 3. Basic legal publications/library $ 7,000. 4. Legal software $ 20,000. Total start up costs: $ 59,500. ONGOING COSTS: Senior Managing Attorney/Salary/Benefits Junior Attorney Salary/Benefits Paralegal Salary/Benefits Supplies Other Charges Outside legal Total legal costs: $ 69,000. $ 45,000. $ 32,000. $ 6,5O0. $ 31,700. $ 20,000, $204,200. Further discussions with Coon Rapids and Minnetonka will give me a better handle on the capabilities of the staff and the ability of two attorneys to handle most of the legal activity at the City. I have not fully investigated the possibility to pool a legal staff with other communities, except that Hilltop and Fridley would not be options and New Brighton or St. Anthony in Ramsey county. Additionally, there may be some combination whereby a private firm would serve as corporate counsel and have some responsibility of overseeing a paralegal, or attorney combination. In the meantime, I recommend that the Request for Proposals be distributed and these discussions be further explored by City staff and during the interview/negotiation process. Further I am discussing with Greg Woods alternatives to the March 31st transition period. CITY OF COLUMBIA HEIGHTS REQUEST FOR PROPOSAL LEGAL SERVICES The City of Columbia Heights is requesting proposals for General Legal Representation Services and City Prosecution Services. The firm requesting consideration should have the resources to ensure that the demands of the City's legal needs will be met on a timely basis and be experienced in the area of municipal law. Representation will officially commence on or about April 1, 1994. The term of the appointment will be subject to ongoing review and evaluatio~ Proposals received may be for either. (1) General Legal Representation Services and/or (2) City Prosecution Services Included within this request are: Part A - General Legal Representation Services--Scope of Services Part B - City Prosecution Services--Scope of Services Part C - Outline for Proposal Content Part D - Information on Proposal Evaluation and Award. Questions regarding this request should be directed to Patrick Hentges, City Manager, phone (612) 782-2810. AH firms or individuals responding to thi.~ request must do so in the form of a written proposaL Seven (7) copies of the proposal should be submitted no later than 4.'00 P.M., March 3, 1994, to: Patrick Hentges, City Manager 590 40th Avenue N.F~ Columbia Heights, MN 55421 PART A - GENERAL LEGAL REPRESENTATION Scope of Services. The services required for General Legal Representation include, but are not limited to, the following: 1. Attendance at all regular city council meetings (approximately 24 per year, 4 hours in length) and if requested, other city or committee meetings 2. Attendance at all monthly Planning and Zoning Commission meetings (12 per year, approximately 2 hours in length) and if requested, quarterly Charter Commission meetings, if requested 3. Drafting ordinances, resolutions, and correspondence as requested 4. Meeting with and advising the city council, city manager, department managers, and other designated individuals on general legal matters 5. Reviewing or draftings as requested municipal contracts, joint powers agreements, and purchase of equipment documents 6. Representing the City at eminent domain proceedings 7. Researching and submitting legal opinions on municipal or other legal matters 8. Defending the City in all litigation, if requested, except in those cases where insurance companies are required to provide defense, including but not limited to: human rights claims, zoning/land use matters, permits/administrative hearings, and labor employ- ment matter 9. Reviewing bond and insurance requirements for City contracts or activities 10. Preparing quarterly report on the status of City litigation, or as requested by the city manager Reviewing documents submitted by bond counsel involving the issuance of debt or debt-related instruments and provide opinions as required 12. General legal services do not include prosecuting attorney services 13. Representing the City in the acquisition or sale of properties, property/easement for public improvements, parks, and the like 14. Review in advance of the meetings all city council and planning commission meeting agenda packet material Provide periodic written updates on new state or federal legislation or judicial holdings impacting upon the City, and suggested action or changes in operations or procedures to assure compliance 16. An established system of availability and follow-up to responding to City staff questions PART B - CITY PROSECUTION SERVICES Scope of Services. The services for City Prosecution Services shall include, but are not limited to the following: Prepare gross misdemeanor and misdemeanor formal complaints including: establish probable cause, determine charges, letter advising arraignment date Prosecute gross misdemeanor and misdemeanor complaints including preparation for and appearance at: Pre Trial Hearing, Revocation Hearings, Omnibus HearingArmign- ments, Court Trials, Sentencing, Jury Trials o Prosecute misdemeanor complaints for housing, business licensing, and zoning/building code violations Prepare files for court including assembling witness list, prepare subpoenas, copying statutes or ordinances for court trials, etc. Request certified documents such as driver's records, motor vehicle records, prior convictions, Order for Protection, bank records, ordinances Prepare letters to victim; omnibus hearing notification; change in time, date or place of hearing Main records including: Court calendar, Formal complaint requests, Regarding criminal history requests for the BCA, Officer vacation schedule, Court assignment schedule of prosecutor 7. Telephones and maintains correspondence with various agencies including: Law enforcement agencies, Courts, Minnesota Correctional Facilities, Victims/Witnesses, Defendants/Defense Attorneys, Social workers, psychiatrists, victim advocate representatives, hospitals, banks, insurance companies, etc. Research statutes/ordinances for court cases, formal complaints or as requested by Columbia Heights Police Department or City of Columbia Heights 9. Handle requests for disposition of detainers 10. Maintain active files (approximately 3200) PART C - PROPOSAL CONTENT Outline for Proposal Preparation: Proposals shall address each of the following items: Identify full firm's name, office address, additional office locations, phone number, and fax numbers Identify number of attorneys, paralegals, and support staff. Indicate any specialty practices that your firm provides in addition to municipal law or prosecution services Name, experience, and qualifications of the person(s) who will be responsible for fulfilling the obligations as City Attorney Provide the qualifications and resumes of other professional staff or paralegals staff members who will be responsible for providing legal services. Identify what work may be handled by junior partners, associates, or paralegals o List and describe the previous or current experience in municipal legal prosecution services by the other members of your law firm o Provide client references. The names and telephone numbers of three client references who the City may contact. Municipal references are preferred. If the firm has represented any Minnesota municipalities or governmental agencies, state the name of that agency, and the name, title and telephone number of a reference at that agency whom the City may contact Provide an assessment as to the availability of the City attorney and other professional staff to be assigned to a contract with the City of Columbia Heights o List previous and current clients who are involved in development or housing projects within the City of Columbia Heights List previous and current clients who have been or expect to be involved in or benefit from litigation with the City of Columbia Heights or its Housing and Redevelopment Authority (HRA) 10. Describe your legal library and research capabilities, with specific emphasis on municipal law publications, computer links, and the firm's capability to maintain a proper response time for legal reports and memorandums 11. Describe specific knowledge or experience (for General Legal Representation Services) of the following: a) b) c) a) e) f) Zoning laws Land Development Issues Condemnation laws MSA 429 Projects (procedures and appeals) Employment law (unions and public sector employment practices) Public Contracting laws 12. Describe your firm's previous or current experience in criminal prosecution or public defender work (for City Prosecution Services) 13. Describe your firm's billing format, and its willingness to adapt its format to City needs 14. The City requests your proposal be stated as a flat retainer and hourly rate of service. For the hourly fees portion of your proposal, please identify the hourly rate of each attorney and support personnel to be billed 16. l?. PART 1. o The attached Exhibit shall serve as a guide in preparing your fee schedule. Please note that your schedules must include rates for additional miscellaneous items to be billed (i.e., photocopying, westlaw or lexis fees, faxes, mileage, or travel time.) Additionally, state your minimum increment of time billed for any item Your firm's proposal may be for either General Legal representation or City Prosecution Services or for both Attached please find summary information on the level of past court appearances, complaint activity, and legal service hours. Please note that this information is an estimate and actual or future activity may vary from year to year. D - PROPOSAL EVALUATIONAND CONTRACT AWARD The City of Columbia Heights intends to award a contract to the firm evaluated to be the best qualified to perform the work for the City of Columbia Heights, cost, and past and current experience and other factors considered. After March 4, 1994, a short list of proposals will be selected. Interviews of representatives of the competing law firms will be scheduled, and a final decision will be made prior to the end of March, 1994. The City of Columbia Heights shall not be liable for any expense incurred by the proposer in the preparation of its proposal or in its participation, or incurred as a result of its participation in interviews. The City of Columbia Heights requires "affirmative action" and therefore, under the contract, the law firm selected shall not discriminate against any person in accordance with federal, state, or local laws or regulations. The law firm awarded the contract for legal services for the City of Columbia Heights shall not assign any interest in this contract, and shall not transfer any interest in the same without prior written consent of the City of Columbia Heights. The law firm awarded the contract for legal services shall not accept any clients which places it in a conflict of interest with its representation of the City of Columbia Heights. Notwithstanding a contract award, the City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and the proposer to whom the contract is recommended to be awarded to unable to mutually agree upon the entire contract, the City reserve the right to discontinue negotiations, elect another proposer or reject all the proposals. Upon completion of negotiations agreeable to the City and the proposer, a contact shall be executed. The City reserves the right to seek alternative legal counsel from the selected firm on legal matters it deems necessary to do so. We thank you for your time and effort in responding to our proposal and look forward to hearing from you. PROPOSERS MAY OPTION OR THE SERVICES; IN ANY FILLED OUT. EXHIBIT CITY OF COLUMBIA HF-IGHTS LEGAL SERVICE - FEE SCHF-DULE SELECT THE "GENERAL LEGAL REPRESENTATION "CITY PROSECUTION ATTORNEY SERVICE" OPTION CASE, ADDITIONAL MISCELLANEOUS COSTS MUST SERVICES" OR BOTH ALSO BE GENERAL LEGAL REPRESENTATION SERVICES * TWELVE MONTH RETAINER: $ /YEAR (*Includes all items listed under Section A, Scope of Services, excluding any civil litigation, representation at administrative hearing, and city prosecution.) HOURLY RATE FOR CIVIL LITIGATION BY POSITION: $ per hour (Position) $ per hour (Position) $ per hour (Position) $ per hour (Position) $ . per hour (Position) OR *HOURLY RATE FOR ALL GENERAL LEGAL REPRESENTATION: (Includes all items listed under Section A, Scope of Services) $ per hour (Position) $ per hour (Position) $ per hour (Position) $ per hour (Position) $ per hour (Position) OR CITY PROSECUTION SERVICES * TWELVE MONTH RETAINER $ /YEAR (Include all items under Section Bi, Scope of Services) OR HOURLY RATE FOR ALL CITY PROSECUTION SERVICES: $ (Position) $ (Position) $ (Position) $ (Position) $ per hour per hour per hour per hour per hour AND BILLING FOR MISCELLANEOUS EXPENSES MINIMUM BILLING INCREMENT $ PHOTOCOPYING CHARGES $ TRAVEL TIME, IF APPLICABLE $ WESTLAW OR LEXIS FEES $ MILEAGE CHARGES $ FAX CHARGES $ PHONE CHARGES $ OTHER CHARGES $ $ $ CITY OF COLUMBIA I-II~_IGHTS FEBRUARY2, 1994 FORMAL COMPLAINTS Gross Misdemeanor Complaints Received: Gross Misdemeanor Complaints Completed: Misdemeanor Complaints Received: Misdemeanor Complaints Completed: 1992 Gross Misdemeanor Complaints Received: Gross Misdemeanor Complaints Completed: Misdemeanor Complaints Received= Misdemeanor Complaints Completed= 1993 99 96 Not Available 587 98 87 628 485 Attorney Hours Para- Legal Hours Other Expenses Prosecution 1,162.25 hrs. 1,412.00 hrs. $5,638.78 1993 Legal Service Hours Litigation 589.25 hrs. 30.50 hrs. $2,192.24 General Legal 796.00 hrs. 105.00 hrs. $1,334.11 1992 COURT CALENDAR MON. PT/CT OH CT J._~.T RH MISC. Jan. 53 14 22 26 12 3* Feb. 19 5 9 66 25 2* Mar. 128 12 12 4 26 0 Apr. 12 4 12 56 8 5* May 76 16 17 0 22 0 June 12 9 25 82 9 2* July 124 8 19 0 6 0 Aug. 22 9 20 73 14 0 Sept. 113 10 11 1 16 0 Oct. 12 7 12 83 6 1' Nov. 120 12 18 0 6 3* Dec. 12 9 9 76 13 2* Total 703 115 186 467 Total Number of Court Cases for 1992:1,652 163 18 EXPLANATION Arraignments Sentencing Plea 1 Plea Sentencing Sentencing Sentencing/ Contempt of Crt. 1993 COURT CALENDAR MON. PT/CT OH CT J._T.T RH MISC. Jan. 98 16 5 0 14 2* Feb. 15 6 24 86 11 2* Mar. 119 3 12 0 6 0 Apr. 11 10 11 76 6 1' May 76 13 14 0 8 11' June 10 7 8 47 11 0 July 132 4 8 3 15 2* Aug. 20 9 22 90 13 1' Sept. 146 8 13 5 19 0 Oct. 12 2 25 84 10 0 Nov. 150 11 22 0 13 3* Dec. 6 5 12 125 10 1' Total 795 94 176 516 136 23 EXPLANATION Arraignment/Sent. Plea/Stay of Impos. Rule 20 Hearing Plea/Rule 20 Sentencing Plea by Mail Sentencing Motion Hearing Total Number of Court Cases for 1993:1,740 'l 487.25 COUNTY COURTS 72 is imposed and execution thereof ordered, the court may at any time suspend the fur- ther execution thereof, and order the release of the defendant upon probation under similar terms and conditions. If the defendant who has been placed on probation vio- lates the terms or conditions thereof, the stay of imposition or execution of sentence may be revoked in the manner provided in section 609.14. Subd. 8. [Repealed, 1979 c 233 s 42] Subd. 9. Minutes of preliminary hearings. The court administrator shall keep min- utes of preliminary hearings on indictable offenses and make proper return to the court _X_/r~~9-bef°re which the person charged with the offense may be bound to appear. '-~ §ubd. 10. Prosecuting attorneys. Except as otherwise provided by law, violations ~ ')~ of state law that are petty misdemeanors or misdemeanors must be prosecuted by the ! attorney of the statutory or home rule charter city where the violation is alleged to have occurred. In cities of the first, second, and third class, gross misdemeanor violations of sections 609.52, 609.535, 609.595, 609.631, and 609.821 must be prosecuted by the attorney of the city where the violation is alleged to have occurred. The statutory or home rule charter city may enter into an agreement with the county board and the county attorney to provide prosecution services for any criminal offense. All other petty misdemeanors, misdemeanors, and gross misdemeanors must be prosecuted by the county attorney of the county in which the alleged violation occurred. All violations of a municipal ordinance, charter provision, rule, or regulation must be prosecuted by tthe attorney for the governmental unit that promulgated the municipal ordinance, char- ~_ ter provision, rule, or regulation or by the county attorney with whom it has contracted 'to prosecute these matters. In the counties of Anoka, Carver, Dakota, Scott, and Washington, violations of state law that are petty misdemeanors, misdemeanors, or gross misdemeanors except as provided in section 388.051, subdivision 2, must be prosecuted by the attorney of the statutory or home rule charter city where the violation is alleged to have occurred. The statutory or home rule charter city may enter into an agreement with the county board and the county attorney to provide prosecution services for any criminal offense. All other petty misdemeanors, misdemeanors, or gross misdemeanors must be prose- cuted by the county attorney of the county in which the alleged violation occurred. All violations of a municipal ordinance, charter provision, rule, or regulation must be pros- ecuted by the attorney for the governmental unit that promulgated the municipal ordi- nance, charter provision, rule, or regulation or by the county attorney with whom it has contracted to prosecute these matters. Subd. 11. Presumption of innocence. In an action or proceeding charging a viola- tion of an ordinance of any subdivision of government and the ordinance is the same or substantially the same as a state law, the defendant is presumed innocent until the contrary is proved and, in case of a reasonable doubt, is entitled to acquittal. History: 1971 c 951 s 25; 1973 c 679 s 24,25; 1977 c 432 s 26; 1979 c 233 s 5,6; 1983 c 177s 9; 1983 c 345 s I1; 1986 c 440s I; ISp1986 c 3 art 1 s 82; 1987c 329s 2; 1987 c 346 s I1,12; 1988 c 527s I 487.26 PETIT JURORS. Subdivision 1. Mode of selection. Petit jurors for the trial of all types of actions shall be selected as provided in this section. Subd. 2. Selection; list. All petit jurors to serve in the county court in the county shall be selected from the petit jurors listed for jury service by the district court. Petit jurors listed for service in both courts shall have the same qualifications and shall be selected by the district court under the same procedure as is now provided by law for selecting jurors for service in the district court. Jurors summoned for service in the county court shall report to and be excused, governed, instructed and controlled by the chief judge of the county court or a designee. Subd. 3. [Repealed, 1973 c 679 s 38] Subd. 4. Failure to attend. Failure to attend as a juror when duly drawn and sum- 14600 Minnetonka Boulevard Minnetonka, Minnesota 55345 Telephone (612)939-8266 · Fax (612)939-8248 City Attorney's Office Providing Prosecutiott Services for the cities of' Minnetonka. Minnetrista. Orono attd St. Bo, ifacius January 21, 1993 Mayor Don Murzyn, Jr. City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Dear Mayor Murzyn: City Manager Jim Miller asked me to respond to your inquiry about in-house legal services. I have enclosed for you: A copy of the Minnetonka Legal Department 1993 budget. It reflects expenses only. The Department also earns revenues of $50,000 per year by providing prosecution services to other cities. The total expenses should be offset by this amount. A copy of a report prepared by Jim Miller in 1980 when the City Attorney at that time recommended disbanding the in-house Legal Department. I apologize for the copy quality. The report was preserved on microfilm, and the quality of microfilm then was not as good as today. A copy of a prosecution survey recently completed by the City of Burnsville. The contact person was Bridget Schwartz. A copy of one page of the survey we completed for the City of Roseville toward the beginning of 1992. You might contact them for the results of their survey. In addition, we have received inquiries within the last year from the cities of Eden Prairie and Brooklyn Park. You might also contact them to obtain the results of their studies. In addition, the city of Shakopee converted to an in-house attorney approximately two years ago. Because their population is smaller than yours, you might contact them as a useful comparison. Mayor Don Murzyn, Jr. January 21, 1993 Page 2 On a personal note, I have served both as a contract city attorney and as a full-time city attorney. I believe that I am able to give much better service as a full-time staff member than I could as a contract attorney. With the competition in the legal market these days, I believe that cities can hire very competent people at affordable salaries. The biggest question is whether a city has the volume of work to afford a full-time staff. If I can be of further help, please contact me. Sincerely, City Attorney cc: Jim Miller mi- FUND BEPARTMENT ACCT..NO. General Legal 1400 1992 1993 FULL-TIME EQUIVALENT EMPLOYEES City Attorney Associate City Attorney Assistant City Attorney Administrative Coordinator Legal Clerk TOTAL FULL-TIME EQUIVALENT EMPLOYEES BUDGET BUDGET 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 5.00 5.00 13 CITY OF MINNETONKA, MN 1993 ANNUAL BUDgeT,. , FUND .' DEPARTMENT ' ACCT'. NO~ .~ General Legal !400~ OBJECT 1990 1991 1992 1992 1993 NO. ACTUAL ACTUAL BUDGET ESTIMATE BUDGET PERSONAL SERVICES 4111 Salaries - Regular $175,522 $187,411 $216,800 $212,800 $218,300 4112 Salaries - Temporary 298 1,016 5,000 5,000 3,000 447 41210vertimee-uReaularsc[ 541 500 3,000 2,000 4131 Social ri y 12,164 13,556 17,000 16,500 17,100 4132 PERA 7,944 8,381 g,800 9,700 g,go0 4133 Worker's Compensation 748 936 1,100 3,500 3,700 4141 Health & Life Ins. 8,159 8,633 12,000 11,000 13,000 TOTAL PERSONAL SERVICES $205,282 $220,474 $262,200 $261,500 $267,000 SUPPLIES 4210 Office $3,485 $3,832 $4,800 $5,500 $6,000 4221 Gasoline 297 278 500 400 500 OTHER SERVICES & CHARGES 4300 Sales Tax. $0 $0 $0 $500 $900 4313 Legal ~.~;~,N-,C,~) 33,247 42,610 20,000 20,000 20,000 4319 Professional & Consulting 3,982 3,663 7,000 4,500 4,500 4322 Postage 1,614 1,571 2,000 2,000 2,000 4324 Microfilming 646 459 500 500 500 4326 Telecommunications 0 0 0 1,500 3,000 4331 Use of Personal Car g3g- 760 1,400 · 1,400 1,400 4332 Conferences & Subsistence 5,105 2,179 5~100 5,100 5,100 4342 Books & Manuals 6,195 5,284 5,700 5.,700 6,000 4345 Printed Forms 318 601 600 600 700 4362 Furniture ~nd Equipment 287 213 500 300 300 4363 Machinery and Automotive 824 461 800 600 800 4370 Aid To Other Agencies 1,250 2,500 2,500 2,500 2,500 4391 Dues and Memberships 5,124 2,473 3,200 3,200 3,200 4393 Rents & Leases 0 0 0 100 '100 4399 Other Miscellaneous 350 1,501 700 700 700 TOTAL OTHER SVC. & CHGS. $59,881 $64,275 $50,000 $49,200 $51,700 CAPITAL OUTLAY 4530 Furniture & Equipment TOTAL CAPITAL OUTLAY TOTAL LEGAL $1,502 $1,894 $0 $7,200 $0 $1,502 $1,894 $0 $7,200 $0 $270,447 $290,753 $317,500 $323,800 $325,200 14 FROM: DATE: HONORABLE MAYOR AND HEMBERS OF THE CITY COUNCIL L~GAL DEPARTMENT JAMES F. MILLER, CITY MANAGER~~ APRIL 1, 1980 Attached is a Comprehensive report 'analyzing the present organi- zational structure of the City's Legal Department, specifically addressing whether the City's interest can best be served through its present structure of two full-time attorneys, with support =lerical personnel, or whether alternative means of providing legal services should be sought. this study is in response to a December 13, 1979 memorandum from the City Attorney which recommended that the City abolish ~-he full-time Legal Department in favor of retaining* the set- ;ices of the law offices of LeFevere, 'Lefler, Pearson, O'Brien · nd Drawz. 3ased upo.n the analysis presented, it is strongly recommended :hat* the City Council, at its meeting of April 7, 1980, adopt ~ motion indicating its desire to retain the Legal Department ~s presently constituted, with the condition that additional :esponsibi!ities, such as for maintenance of a Legislative pro- ~ram, may be added if it is ultimately concluded that .time would De available for such services. FM/ms - . % FROM: DATE: SUBJ: HONORABLE MAYOR AND MARCH 31, 1980 STRUCTURE OF THE LEGAL DEPARTMENT INTRODUCTION_ · . morandum is to analyze the present organi- The purpose of this me _ _~ =.,_ ,--,,1 n~uartment to determine · = f the u~ - ~-- --; ' re- zatlonal structure o can best be served .through Its p wh .... ~- Cit-'s interest -~ ~ -.,--~rt clerical sent structure .o:.?wo ~.u~. ~ _~_.lTv~-~eans-of providing legal set- personnel, or wRetner al:ernau~ = . · u bt. Presently, the City Attorney.as. sumes es should be so g :_: ch as rovldlng a.d- vic . · matters su P -rimarv responsibility .f.or c_ivxl_:, __~ -~aff- while the Assls-o r. -~ and CI:Y cou~c~ m~u a- ,. vice to the. Mayor __ ' ns occurlng as a r.esu, lt ~ -= ~:a., ~ornev handles prosecutlo .... =---~ ~iv~tles. Police Department and othe~ __=ula __ P · . · was brought to the CitY council's, atten- This particular lssu.e ,- ---- -emorandum from the City AttO.r- · through a December. '~, ~'~:'" ~,~ full-time Legal tlon e Czt abo~*-., the . ney which recommended tha.t .th. _ =Y 'ces of the law offl_ce. Department in favor of' retalnln,g =.he servl arson, O Brlen and Drawz.. A co. py of tha of LeFevere, Lefler_, P.e. __ =__ ~, m~ v council's lnforma- memorandum is attached ~ere:o zo& u,.~ tion. Chater 6.02, Subd. 3, .of the Home Rule Ch. arter of the City-of. · P ....... in-art, that the Clt. y Manager sh_a~ll=_ MlnnetonKa ln~Ic.a~s, ~ _,, _~~= ~n~ employees oz City except.~ne .ua ~_... _ :- a--roval." Section ~.u.~ .z ' ect to City councz& wy ' s shall be sub3. _ · ....... -~ =uch deoartments, dlvlslon , -~es that "the councl-.ma.y.u~.=.~-_~ _-= ~. ~v affairs as may anS. bureaus for the. a. dmln.l.s ~- -:-- alter their powers and seem necessary,' and zrom =l~e.:o uA,,= . . . - · · . r Section 6.04 indicates tha.t the Counc3 · an~zat~on. Furthe.: .... Ordinance, and org . Ich hav= been created by . . m~v "abolish offices wn _ --. ..... ;;;-o as it may see fit. __ m _ · · n= =nuu u,~ ...... t . . .. a~ a result, zt zs ap~are .... '- =-- ~e nrovzslon of lega- il-- ~ ~e orcanizatzonal zr~ewo{~tXt-"%-5-,,seof %he City services rests.w}~ ~n= ~y__:= .... 'i~ Co~cil approval aha Manager's apEoxn en9 au=9° k{ ir-anizational decisions could of the cons~der~.le %mpac: suu,.~.~ . · and efficient delivery o~ o~er C~ty s have upon the effective . __ ~=-~ - ~eco~endat~on be made to · -' . ' It appropriate un=u ? - . . v~ces, ~t ~s fe --its consideration ~n th~s regard. _ the City Cduncil for ' A number of cities were contacted in an attempt to asses~ how well legal services were being provided to other communities, either on an in-house or contractual basis. As such, I dis- cussed the merits of contracted legal services with the City Managers of Hopkins, Richfield and St. Louis Park and the Mayor of Robbinsdale. The cities of Richfield and Robbinsdale both receive services from the LeFevere law firm, the firm recom- mended by the City Attorney. Further, I spent several 'hours meeting with a number of partners of the LeFevere firm and toured their facilities. I also discussed the benefits of in- house legal counsel with the City Manager of Coon Rapids, the only other community in the metropolitan area of Minnetonka's size which retains full-time, in-house legal counsel. It is noteworthy that each of the individuals contacted felt that their community was receiving satisfactory legal services, irrespective of how delivered. In addition, I conducted extensive discussions with all depart- ment directors of the City of Minnetonka to obtain their input in this matter. The analysis is further based upon my exper- iences in a number of communities which have operated with both in-house and contracted .legal departments. As a result, it-is felt that extensive and well-rounded input has been received to permit a thorough and' objective 'analysis of the question under consideration. PROBLEM DEFINITION The City AttOrney's above referenced memorandum either indicated or implied that a change in the manner in which legal services are provided for the City should be considered for.essentially three reasons. First, it is assumed that the work load of the Legal Department has diminished and that it will continue to decrease for the foreseeable future. Second, and partly attri- butable to the first assumption, it was implied that the City is paying more than is necessary for legal services. Third, it was indicated that greater or more extensive legal expertise could be obtained-by affiliating with the LeFevere firm since ii, at firm retains approximately 15 attorneys, all with different areas of experience and training. This memorandum will examine each of these assumptions and will develop a conclusion with respect to the validity of each. Fur- ther, it is strongly felt that a change in the organizational structure for the delivery of legal services-should be recom- m=nded only if it can be demonstrated that such an alternative ~:ill be less expensive but maintain the same level of servicu: _-ost th'iF'same, but ~rovide a hi¢3her.levei of service; or cost .more, bu~ prcvide a significantly hitcher level ¢,f service. EVALUAT [ON CRITERIA It is felt that there are at least five major criteria by whi6h alternatives for Legal Department service delivery should be examined: Cost - not only must the absolute cost of providing legal services be considered, but the amount of service received for the cost expended should be carefully weighed. · .For example, it may be that the City could obtain legal services from the LeFevere firm for a lower annual cost, but receive fewer hours of service. As a result, this option could present a lower annual cost, but a higher hourly cost. Availability - whether in-house.or contracted, it is believed essential that City staff have immediate access to legal counsel in those instances demanding immediate legal advice and reasonable access in all other instances. It 'should not necessarily be implied that lack of 'geographic proximity will mean lack of access. Expertise - the City should be assured that it receives a high level of expertise resulting..in quality advice and opinions upon which st~ff and the City Council rely. Staff reaction - it is important that staff feel that it receives legal advice in a time.ly fashion and that the attorneys providing such advice are truly-interested in the operation of the particu- lar department involved and the-betterment of the City as a whole· Workload - some speculation must be made as' to whether the work load of the Legal Department is now or in the future will be at a point where, regardless of most other considerations,, it is no longer feasible to retain a full-time legal staff. Each of the alternatives identified below will be evaluated by these .c:.iteria and an assessment will be made as to .the :~elativ{ advanta~ es and disadvantages of each alternative with' respect t~ thcs, c~ ite-'~. - ..of legal services to the City of Minnetonka.~ ·' Maintain in-house counsel - under this alter- native, both the civil and prosecution responsi- bilities would continue to be provided by two full-time attorneys. Contract for legal services.- in this instance, the City would dissolve its fdll-time Legal Department, and would contract with a law firm for all of its necessary legal services'.' Based on discussions with the representatives of other municipalities and partners of the LeFevere firm, it is felt that this particular firm, as recom- mended by the City Attorney, could more than adequately represent the City's interests if this alternative were selected· Develop a combined full-time and contracted Legal Department - under this system, the City could contract for performance of civil -law responsibilities and retain a full-time attorney for prosecution work. The City Attor- ney has indicated that the primary decrease in reponsibilities in the Legal Department has been in the civil area. Further,' retaining a full-time attorney for prosecution services would alleviate concerns of Police Department personnel that the department would not receive the same level of service if such services were contracted. kNALYSIS 3ased on an identification of the'above listed evaluation cri-. :eria and alternatives, the following is an examination of the ~rceived respective advantages and disadvantages, of.each of :hose alternatives: 1. Cost a. In-House Legal Department The 1980 budget allocates $109,300 for operation of the Legal Department. The actual expenditures for the Legal Depart- ment for 1978 and 1979 were $81,959 and $95,424, respectively. It is reasonable to assume that the cost of maintaining a full-time Lecal Department will continue to increase annually by approximately the same rate as the increase for other departments, since the majority of the Legal Department budget is expended for personal services which will continue to increase during an inflationary period. oo b. COntractual Legal Department In her December 13, 1979 memorandum, the City Attorney indicated that the LeFevere firm could provide services for between $75,000 and 895,000. This does not in- clude the cost of approximately $15,000 for the Legal Secretary's salary which the City would continue to pay. Using the most con- servative estimate of $75,000, therefore, pl. us the City's continued cost of $15,000, it appears that this alternative would cost approximately $90,000 per year or about $20,000 per year less than the City presently pays. Obviously, if the actual cost were closer to the high estimate of $95,000,~ there would be little or .no actual savings. Although the total budget may be lower, it is logical' that the City would receive less hours of service under a con- tracted arrangement since it must be assumed that the per hour cost of operation for--a private law office with a built-in profit margin, must be higher. In other words, it is believed that the City could reasonably expect to save on its annual' legal cos=s but it is doubtful whether the same number of hours of legal service could be obtained. In fact, based on the estimates reflected 'in the City Attorney's memo, the LeFevere firm estimates a maximum of 840,000 per year for civil work at 860.00 per hour.. This equates to. 667 hours or about 32% of a work year. That' same memorandum indiciates that the firm would charge about $50,000 for prose- cution work at $40.00 per hour. This equates to 1,250 hours or 60% of a work year. This means, in essence, that if these estimates are accurate the City would receive the equi- valent services of one full-time employee (as opposed to the current two) for perhaps the same cost. -' c. Combination Legal Department It would appear that the cost of provid- ing services through such an arrangement would probably be between the costs for the two other alternatives. Since the present Assistant City Attorney, due to his experience, ks probably at a higher pay rate than that of an attorney assigned by the LeFevere firm, and since the cost of the LeFevere fizm providing civil law counsel would be less than presently ex- perienced, the total cost to the City would probably be between the cost of the in-house and contractual options. This appears to be true since the City wouid expend the same number of hours for pro- secution work as it presently does but the LeFevere firm would probably spend less hours in the civil area. Based on the above, it is felt that the present system is the-mos advantageous with respect to cost and cost control. -Although annual costs may' be higher, it is felt that. the other.alternative present higher hourly costs. The result of implementing either of these other options would apparently be to decrease the number of legal service hours available to the Council and Staff, for the sake of saving at best, $20,000 annually and perhaps not sav- ing anything. 2. Availability a. In-house Legal Department Clearly, having the Legal Department physically located in City Hall is the most ideal.in that, unless the attor- neys are out of the office, immediate personal contact between staff'and the Legal Department is assured. b. Contractual Legal Department Although under the proposal to retain the LeFevere firm there would be a desig, nated number of hours during which the City Attorney would be physically in City Hall, in all probability there would also be a number of instances in which STRUCT.UR~ OF THE L~GAL D~.PARTMENT Page personal contact could not be made and staff would have to rely on telephone' Conversations. Based on experiences in other communities, there could, be a reluctance, of staff ~o d&scuss matters 'wzth the frequency that presently exists. This is httributable to .the percep- tion that the City or department is billed every time a telephone call is made. Further, there is the concern that when personal day-to-day contact is not assured, the City may not be able to immediately consult with its attorney · c. Combination Legal Department Under this alternative the concerns ex- .... pressed with respect to availability under the contractual arrangement would not apply to the Assistant City Attorney position, but would apply equally to the City Attorney position. Clearly, the present arrangemen~ is the '~,ost advantageous wit respect to access or availability. Immediate and personal ac cess is guaranteed in mosh instances, thus affording instant communication between the Legal Department =nd *_he sta=f or Council. 3. _ExpertIse a. In-house Legal Department The City is presently represented by two full-time attorneys, both of whom have ~emonstrated abilities to provide the City with sound legal advice in the pre- ponderance .of situations. In those cases where the City Attorney has felt that the case requires additional expertise, the City has hired such service, with appar- ently.satisfactory results., h. Con'tractua! Legal Depar:ment - p=essed w~n respect to ava, lab~lity under the contractual arrangement would not apply to the Assistant City Attorney position, but would apply equally to the City Attorney position. Clearly, the present arrangemen~ is Lhe most advantageous w~ respect to access or availability. Immediate and personal ~ cess is guaranteed in mosh instances, thus affording instan' communication between the Legal Department ~nd *.he sta:f or Council. 3. Expertise a. In-house Legal Department The City is presently represented by two full-time attorneys, both of whom have Gemn_nstrated abilities to provide the City with sound legal adVice in the pre- ponderance of situations. In those cases where the City Attorney has felt t. hat the case requires additional expertise, t. he City has hired such service, with appar- ently satisfactory results. b. Contractual Legal Department The City Attorney has indicated that the £eFcvere farm nas ~ifteen lawyers with a variety of backgrounds and interests. She Indicated ~hat by virtue of the number of attorneys in =he firm an= the variety in expertise, the City could expect to receive a n~gh quality o.~ legal advice on virtually all matters. Hav~ng vislted with a number of partners of the _-irm, I concur !n this observation. c. Com~lna=ton Legal Depar~menu This alternative presents perhaps the best option in terms of available expertise since the City would retain ~he full-tAme Assistant City Attorney who has had consid- erable experience in prosecution while t~e LeFevere firm would undoubtedly assign more junior members of the fi. tm for l~mited per- iods to perform this service. With. respect to civil matters, the City would benefit from the experience presented by the members of the Le~'evere firm, and in addition, retain the primary services of the present City Attorney. = appears that greater expertise can be obtained by retaining ne LeFevere firm 'for civil law work. However, as mentioned, here is a question as to how often such expertise is necessary. asr experience indicates satisfactory and sound legal advice rom the City's full-time attorneys. Staff Reaction a. in-house Legal Department Without exception, all departmen= dir- ectors have indicated a strong prefer- ence for the retention of-'a'f'u£1-time legal staff. ALthough the reasons dif- fer, the~ have all expressed their be- lief that this option is the most work- able and des.irable for their Indlvi=ua- departments. A~nong t~he reasons most often cite~ for this preference, are a s=ronger in=er.st an the operation of the respec- tive departments by full-time personnel, greater access, etc. Contractual Legal Department Conversely, all of 'the department directors are opposed to contracting for legal ser- vices. They fear loss of contact In.those instances when an attorney's aSvice is most needed, diminished interest in the City's problems, etc c. Co~ination Legal Department This particular alternative was d~scussed only with the Police Chief who ~elt that it woul~ be workable, but may not be as desi=,~ble as having two full-time attorneys. It is be- lieved that the majority of the other depart- ment directors would not be in favor of this alternative since the civil workload would be contracted. Perhaps the most serious short- coming of th~s alternative is =he ~if~icuIty with supervision that would occur with one full-time attorney paid by the City, being supervised by a part-time attorney, not directly on the City payroll. With particular respect to comments received from the. Police Department, morale could be jeopardized if a contractual arrant. ment.were implemented. In the past, before a full-time'attorne represented the Police Department, many officers apparently fei that their interests were not adequately represented in court, due to high turnover, lack of knowledge, etc. Therefore, the present arrangement is felt to be the most satisfactory. Workload a. In-house Legal Department The City Attorney has indicated that, with the subsidence of the City sewer and water program, the demand for an attorney involved in civil matters has diminished and is likely to continue to diminish.. However, it is felt that with the adven~- of major commercial and industrial development-such as the Carl- son Companies' 'proposal'~ the-P°tential creation of several tax increment districts, and the ,,_ndertaking of a storm sewer progr~.w,, the workload of the City Attorney may, in fac=, not diminish, Dut rather increase. D. Contrac=uai Legal Department This option represents pernaps the most flexibility in that the amount of time allocated to the City's neecs couls easily be ad~ ' ~ . - .... ~usted b~ ~... LeFever~ ~ Combinatlon Legal Department Although not permitting the same degree of flexibility that would be achieved under the contractual arrangement, it would purmit more flexibility than under t~',e present system,. particularly in the civil law area. Based on projections of Lhe workload of several department= impact on the Legal Department's workload, it appears that the demands for Legal Department advice wall continue to increase the foreseeable future. Further, there are other service= not =eing aaequately performed which could be provided by the Lega~ Depar~nent. Attache~ is a matrix which summarizes thu above evaluation. SDq~4A. RY AS stated at the outset, it was indicated that a problem was pe ceived to exist because the workload of the Legal Department ha and will continue to decrease, the City is paying more than is essary for legal services and because greater expertise can be obtained by Contracting with the LeFevere firm. With respect to the first assumption, the Planning, Engineering and Police Departments do not foresee a subsidence in the work- load requiring legal involvement." ~nile the economy may dimini~ the need for legal involvement in the operation of the Inspecti~ and Licenses Department, this is probably a temporary phenomeno~ Although the nature of the workload may change, it is believed that the volume of Legal Department work will continue to incre. Moreover, it is strongly felt that there are a number of other areas for Legal Department involvement, thereby increasing its value to the City. For example, the City Attorney could serve as an advisor to the City Manager during labor negotiations. Also, the City does not have a coordinated legislative program when the Legislature is in session. Although the City Manager City Council respond in crisis situations, due to other demands t_here is no one directly responsible for monitoring legislation and representing the City's interest before hearings at the Leg: !ature. If the City Attorney's position as presently constitut~ ~oes. not require 40 hours per week, this could be an area which would logically be added with considerable value to the City. Further, in discussions with Jeff Robinson, the City's former advisor on Industrial Revenue Bond Issues, it was indicated that the City Attorney could reasonably be expected to provide many o the services which he previously provided, as long as a counsel with a background similar to Mr. Robinson's was retained for con sultation purposes. In short, there is, in my opinion, no substantiation of the ass~ tion that the workload for the City Attorney and Assistant City Attorney require less than full-time service. Concerning the second assumption, although the City may or may nc pay more to retain in-house legal counsel, several other consid- erations should also be noted. First, as previously stated,'it is felt that the City would probably receive a lesser number of hours of service under a contracted or combination arrangement, thereby resulting in perhaps City would not have the same in costs in future years, as It should also be noted-that valuable and often non-legal a higher hourly cost. Also, the degree of control over the increase it does through its budget process. the Legal Department performs a function by serving as an advisor t( the City'Manager-and staff on a number .Of matters. It is un- likely that a similar relationship could be-maintained under either of the'other opt/ons under consideratiOn.... .. With respect to the assumption that greater expertise could be obtained under the other options, it is clear that this is a valid assunption. However, 'it is not believed that the City has suffered from a lack of expertise in the past, and therefore, this should not be the only reason for changing the form of legal service delivery. As with all other professions, it is felt that there are numerous informal opportunities for profes- sional communication and exchange which, coupled with the avail- ability of hired expertise when necessary, offer the City's attorneys ample opportunity to augment their present knowledge. Not only does there not appear to be any compelling reasons to change the structure of the City's legal services, it has been shown that the City .stands to save relatively little money, significantly decrease the number of legal staff hours available. jeopardize morale, and curtail options for additional legal service in such areas as labor relations, coordination of the City's legislative program, and bond counseling. With particula: reference to the combination option, the supervisory problem of having the Assistant City Attorney paid by the City and the City Attorney working for the LeFevere firm is potentially so unwork- able that serious reservation must be expressed about the via-- bility of this option. ' STRUCTURE OF THE LEGAL DEPARTMENT Page '12 - RECOMMENDATION I believe that ~he City's interests are being best served by the present arrangement of retaining two full-time City Attor- neys, and strongly recommend that the City Council, at its meeting of April 7, 1980, adopt a motion indicating its desire to retain the Legal Department as presently constituted, with the condition that additional responsibilities, such as for maintenance of a legislative program, may be added if it is ultimately concluded that time would be available for such services. JFM/ms Attach: 0 0 0 ~J 0 ,t PZtOS~"t;~XOZl BURVB~ What amount vas bu~gete~ £o~ prosecution legal services in 19927 Bloomin=ton $254,650.00 Brooklyn Park Legal services combined - didn't have specific figures on prosecution $283,420.00 Coon Rapids Legal services combined - didn't have specific figures on prosecution - City Attorney will call af. ter 1st of year with more specific information $314,700.00 Plymouth $146,000.00 Minnetonka $191,400 The City also provides legal service to 3 surrounding Cities and had $50,000 in revenue. /j/, ~ Eagan $ 165,00.00 Edina $130,00.00 St. Louis Park $179,000.00 ADDle Valley $252,000.00 Lakeville didn't have the figures Savaqe didn't have the figures What are you estimating to spend? Bloominqton As of Nov. 30 $254,650.00 Brooklyn Park Figures not available $306,700.00 Plymouth $162,001.00 Minnetonka Around $2000 under what they budgeted Eaqan As of Nov. 30 $113,800.00 Edina figures not available St. Louis Park figures not available Apple Valley They are going over by $30,000.00 ~ $106,000.00 Savage $50,000.00 They are a part of a five City joint prosecution service Rhat is ~our budget for 19937 ~ $255,173.00 Brooklyn Park The broad legal budget is $284,505.00 The broad legal budget is $318,500.00 Plymouth $180,000.00 Minnetonka Up less than 1% ( doesntt include salary) Revenue from other Cities will increase $1,500 and an additional City will take on their services adding $2000 more. Eaaa~ $150,000.00 Edin~ $130,000.00 St. Louis Park $188,000 ADDle Valley $252,000.00 $93,750 Savaqe For the five Cities $160,000 For Savage $67,000 Do ~ou have a polic~ of an~ k£nd on prosecution procedures? Bloomington There is no written policy - it is up to the Attorney Brooklyn Park No one at their office was able to answer this question ..Coon Rapids Their City Attorney will call after the first of the year with the answer to this question Plymouth' No one at their office was able to answer this question Minnetonka The City Attorney decides; there are some policies for negotiation that are written. Eaqan Their consulted attorney Kevin Eide has not been able to return my calls to answer this question Edina There is no written policy- it is up to the City Attorney St. Louis Park There is no written policy - it is up to the City Attorney ADDle Valley There is no written policy - it is up to the City Attorney Lakeville It is up to the City or County Attorney Savaqe I~ is up to the jointly retained Attorney- The five cities who retain this Attorney have a joint board of directors who handle any dilemmas or difficult situations that the Attorney might face. Legal Expenses Survey Page TWo #FTE Salaries Expense Other If legal services are provided by staff attorneys, what is your total annual budget for the Legal Department in each of the following areas? PROSEC./CRIMINAL RETAINER cIVIL RETAINER 4) Please note any information which would be helpful to us in comparing the numbers you have provided above with those from other cities: TO: FROM: SUBJECT: DATE: MAYOR AND COUNCILMEMBERS COUNCIL SECRETARY BOARD/COMMISSION EXPIRING TERMS FEBRUARY 1, 1994 The following residents have terms expiring in April. A letter has been sent today to each of them regarding their interest in being considered for reappointment. They are being request- ed to respond by Monday, February 7th. Dave Szurek - Cable Communications Commission Ken Henke - Cable Communications Commission Ruth Graham - Cable Communications Commission Richard Dustin - Housing and Redevelopment Authority Patrice Seawe]l - Human Services Commission Elizabeth Fairley - Human Services Commission Dayna Gul]ey - Human Services Commission Barbara Miller - Library Board Mary Hanson - Planning and Zoning Commission Bob Guzy - Police and Fire Civil Service Commission Joe Goodman - Traffic Commission Edward Carlson - Traffic Commission Tom Lucas - Merit Commission Stephen Riner - Science, Technology and Energy Commission COLUMBIA HEIGHTS MULTI-HOUSING ASSOCIATION 4110 RAHN ROAD F_..AGAN, MINNESOTA 55122 (6t2) 454-5691 January 18, 199~ RIIKTECT: Hayer City Council City Hanaser Robert F. Thim~esh, President Columbia Heishts Multt.-llousln8 Association Columbia Heishts Housing/~aintenance Code Amendment~ If the Council do~s no~ see £it to delete entirely thst section Yhlch addo ney inspections upon tenant turnovers (Section 5A.302(2)) due to it bela8 unnecessary and an administrative burden, then we of/er tho followin8 section as an alternative. ! believe it addresses the concerns o£ tho Council and should zero in on the racRlcitranC or unresponsible landlord Yhile not impo~in$ ney burdens on those l~nglords Yho are ssekint in §ood faith to comply with ~he requirments of tho houslnz maintenance code. COLUMBIA HEIGHTS MULTI-HOUSING ASSOCIATION 4110 RAHN ROAD EAGAN. MINNESOTA 55122 (612) 454-569! The tallowing lanSuase ia o£[ared as an alternative to tho current lansuase in 2action 5A.302(2) al the Columbia HaS§his Housin~ Maince.ance Code: SA. 302_(2) Each dw~l~inR p? multiple dwellip~which is the sub,lee license shall be ~spected at leas~ once annually., lu~vldual dwellln~ uni[s shall be inappc.te~ under ~ £o[lowi~ conditions: (a) If. durina each of the two prev$o~s calendar ~?s, the owner h~s fa~d t~ c'or~ec~ at leas~ two hou~n~ maintenance_ code violation~ after, bei~~ notified in writinl of this provision~ accordin8 to the written record at such viola~lo~ inc~udin~ written notices to correct such violations. ~) Umonf~rrection of any ho~s~ maintenance code violatSpn, under this or other sections, as evidenc~_by written no~i[icntion of such violation~ the Enforcement Official shall issue the owner a written statement that the v~9~}~p~ has bee~ corrected. (c) lf. dt?!p~ the past calenda~ear, two or m_ore unre!a}ed and and non-retalia~ory ~enan~ complaints on a stalls family, du~lex~or_trip!ex, o.r £our or mq~e unrelated and n~y;etalistor~ tenant complaints from multi-houein~ buildings o[ [our or m~!. units, and such co. plaints have been verified pi the hourina maj. ntenance code as unrelated and non-retaliatory~ and a no~lce for each suc.h, violation, in writing, has been ocnt to the owner. (1) Complaints sh~tl be unrelated ii ~h~. relate to different..ma.~p}_~_nance prgblemsl, several co~la'Lnts relatin~ ~,~ho sam~ problem (such as a ~aul~I boiler) shall, be considered On~ Fo~pl~in~, (2~ A Dnmplnt~t ~ade by a tenant, ~f~r the owner has commenced a ~tSa~ tction aaain~t ~he tenant~ shall be considered retaliatory and excluded ~pm this section. (d,) ~.v owner havinR the r~qu%r~d number o£ vi91~tlo,n~ under thio mec~__o~ shall be s~.~oti£ie~, i~.~yitin~, and shall bc subtect to a s~ecial inspec~iou prolr~m consistinl.~f six add~iqn~epection~ for a o~year ~eriod, commencins with~he dace o~ ~h notiilcation sPec.i£ied heroin, Each [aepuuLiuR._ma¥ include ~ ~o ~h~r~y percent (30!)_.o£ tho ~wellins unitsl writ!on notice of any violations found d~[~R ~hese inspections shall be aiv~ ~o ~he owner. If ~b~ owner has 't~res or more uncorrected viola~on~ at the end the_s~cial £ns~}~tion tear, then such ~rop~r~¥ mha.ll be subject to this special inspection ~ru~ £~r an sdditiona~ ~sar and the 9_w~__~r shall be_ s9 n~;l!ied iu ~r£}~ns, An owner havl~! ~! mo~e than tw9 uncor~}~d vi~lalions at the end p~, the special inspection !e~!. shall not be subloct to ~his special inspection ~rosram, buc shall continue to be subjec= to tile annual Inspgc~on, February 2, 1994 Mr. Bob Thimmesh, President Columbia Heights Multi-Housing Association 4110 Rahn Road Eagan, MN 55122 Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Brace G. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Patrick Hentges Dear Bob: CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Enclosed please find the revised copy of the Housing Maintenance Code. other things a couple of specific revisions: Please note among Section 5A.208(1)(a) . The required off-street parking has been changed from one space to the spaces as required by the City Zoning Ordinance. In any event, the Zoning Code requirement would apply. In cases where the property does not meet the required parking spaces, property will have to be brought up to required code by January 1, 1997, if there is sufficient area or space on the property to accomplish the parking expansion. Section 5A.410 The conduct on licensed premises section of the code has been amended to include such activity as assaults, contributing to delinquency of a minor, animal noises, and public nuisances. Additionally, the twelve month timetable has been amended to be three months. Section 5A.407(1) License renewal includes a requirement of three hours continuing education. This section also prescribes that the City Council establish by resolution the types of continuing education necessary to meet the requirement. I think your input is necessary in defining types of continuing education necessary to meet this requirement. o With regards to your proposal to waive sections of the code upon written agreement, I discussed this matter with city staff and the city attorney and conclude that specific ordinances or laws of the city cannot be unilaterally waived. Accordingly, if a unique situation or interpretation of the ordinance occurred, the landlord or property owner would have the appeals process to review any erroneous interpretations, mis-statements or mistake of fact pursuant to Section 6. With regards to your new proposal requiring the City to issue the landlord a written statement that the violation has been corrected, I would simply offer that the City will do so any time the landlord so requests. I should note that the licensing date will occur approximately 60 days after the date of inspection and a license will be issued upon compliance with the code. So to speak, this serves as a record of compliance. If you have any additional questions or comments, please do not hesitate to contact me at your earliest convenience. Originally, this item was scheduled for City Council review at its regular council meeting of February 28, 1994, at 7 P.M. If you feel we need to meet prior to that time, please call my office. Thank you. Sincerely, Patrick Hentges City Manager cc: City Council/Meeting Attendees "SERVICE IS OUR BUSINESS" 94/10 EQUAL OPPORTUNITY EMPLOYER REVl'S~D ORDINANCE NO. 1281 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED PERTAINING TO THE HOUSING MAINTENANCE CODE AND LICENSING RENTAL UNITS The City of Columbia Heights does ordain: SECTION 1: Chapter 5A of Ordinance No. 853, City Code of 1977, as amended, which has been repealed by Ordinance No. , shall hereafter read as follows, to wit: Chapter 5A HOUSING MAINTENANCE CODE Article I General Provisions Section 1: Statement of Purpose 5a.101(1) The purpose of the Housing Maintenance Code (hereinafter referred to in Chapter 5A as "Code") is to protect the public health, safety and general welfare of the people of this City. These objectives include, among others, the following: (a) To protect the character and stability of residential areas within the city; (b) To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health; (c) To provide minimum standards for heating, for sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of building; (d) To prevent the overcrowding of dwellings; (e) To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; (f) To preserve the value of land and buildings throughout the city. 5A.101(2) With respect to disputes between landlords and tenants, and except as otherwise specifically provided by terms of this Ordinance, the City Council will not intrude upon the accepted contractual relationships between landlords and tenants. The City Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from landlords or tenants which are not specifically and clearly relevant to the provisions of this Code. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this Code, the Council does not intend to interfere or permit interference with legal rights to personal privacy. Section 2: Applicability 5A.102(1) This Code establishes minimum standards for maintaining dwellings, accessory structures and premises. This Code is intended to provide standards for housing. Applicable requirements shall apply to all apartment units, homes, accessory structures, rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habitation. Section 3: Definitions 5A.103(1) The following definitions shall apply in the interpretation and enforcement of this Code, to-wit: (a) Accessory Structure. A structure subordinate to the main or principal dwelling or dwellings which is not authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. (b) Apartment Unit. Apartment, apartment unit, or dwelling unit means a room or group of rooms located within a building which form a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking or eating. (c) Approved. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota and of this Code. (d) Basement. Any floor level below the first story in a building, except that floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. (e) Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and, when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. 2 (f) (g) (h) (i) (j) (k) (1) (m) (n) (o) (P) (q) (r) (s) Building Official. Agent designated by the City Manager to enforce provisions of the Housing Maintenance Code. Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including boarding and lodging houses, but not including hotels and motels. Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code). Exit. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts and yards. Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities. Functioning. In such physical condition as to safely perform the service or services for which an item is designed or intended. Garbage. Garbage is defined in §5.605(2)(a). Habitable. A dwelling unit or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at faucet outlet. Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, International Conference of Building Officials. Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pest. Kitchen. A habitable intended to be used preparation of meals. room within a dwelling unit for the cooking of food or Occupant. Any person (including owner or operator) living, sleeping, cooking or eating within a dwelling unit. (t) Owner. Any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care control of any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Also, any person, firm or corporation who has the right to determine who occupies a rental structure (even though that right may be subject to a lease or rental agreement), or a person, firm, corporation who shall have the power to rent or let premises to another for purposes of this Code. (u) Person. Any individual, firm, partnership, association, corporation, company or a joint venture or organization of any kind. (v) Premises. A platted lot or part thereof or unplatted parcel of land, and adjacent right-of-way either occupied or unoccupied by any dwelling or structures. (w) Public Hall. A hall, corridor or a passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. (x) Rental Dwelling. Any dwelling for hire with one or more living units. Rental dwellings for purposes of this Code do not include hotels, motels, hospitals or homes for the aged. (y) Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long as with the replacement by new items. (z) Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. (aa) Replace or Replacement. To remove an existing or portion of a system and to construct or install a new item or a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. (bb) Rooming Houses. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for cooking or eating purposes. 4 (cc) Rubbish. Rubbish is defined in §5.605 (2) (b) of this City Code. (dd) Safe. The condition of being free from danger and hazards which may cause accidents or disease. (ee) Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than fifty percent of the total perimeter, or more than eight feet below grade, as defined herein, at any point. (ff) Unsafe. As applied to a structure, combination of conditions which hazardous to persons or property. a condition or a are dangerous or Unsanitary. Conditions which are dangerous or hazardous to the health of persons. (hh) Water Closet. A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewage system or other approved water supply and sewer system. 5A.103(2) Whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this Chapter, they shall be construed as though they were followed by the words"or any part thereof." Article II Minimum Standards Section 1: Basic Equipment and Facilities 5A.201(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Kitchen Sink. Each unit must contain a kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is properly connected to the city sewage system. (b) Kitchen Storage. Each unit must contain a counter or table for food preparation and must contain cabinets and/or shelves for storage of eating, drinking and cooking equipment and utensils and of food that does not (c) (d) (e) (f) require refrigeration for safekeepinG. Ail cabinets, shelves, counter tops, and tables shall be of sound construction covered with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. Food StoraGe and Preparation. Each unit must contain an operational and functioning stove for cookinG food and a refrigerator for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove or refrigerator need not be installed when a dwellinG unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is required to furnish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. Toilet Facilities. Every dwelling unit shall contain a nonhabitable room which is equipped with a flush water closet in compliance with §6.201(1). Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be properly functioninG, and shall be connected to the City sewer system. Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leadinG directly into the room in which said water closet is located. The lavatory sink shall be in Good working and functioning condition, shall be properly connected to an approved water system, shall provide at all times an adequate amount of heated and unheated runninG water under pressure, and shall be connected to the City sewer system. Bathtub or Shower. Every dwellinG unit shall contain a nonhabitable room which is equipped with a bathtub or shower in Good working condition. Such room shall have an entrance door which affords privacy. A bathtub or shower shall be properly connected to an approved water supply system, shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to the City sewer system. 6 (g) (h) (i) Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is four risers or more high shall have handrails which conform to the standards set forth in §6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty-six (36) inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Ail buildings and/or maintenance improvements inspected pursuant to Chapter 5A, the Housing Maintenance Code, shall be judged and inspected in accordance with the applicable Uniform Building Code and Uniform Fire Code, as follows: (i) Existing Installation. Buildings in existence at the time of the adoption of the Code may have their use or occupancy continued, if such use or occupancy was legal at the time of the adoption of the Code, provided such continued use is not dangerous to life. (ii) Maintenance. All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the Code shall be maintained in conformance with the Section 2: code edition under which installed. All repairs, replacements or maintenance to the structure or dwelling unit shall be installed or made so as to be compatible with the surrounding building materials and general appearance of the existing area. Door and Window Locks 7 5A.202(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating unless all exterior doors of the dwelling or dwelling unit are equipped with safe and functioning door and window locks which comply with the following requirements, to-wit: (a) When access to a dwelling unit door is gained through a common corridor or entrance in a dwelling in which four (4) or more dwelling units share a common entrance or corridor, an approved system of controlled access shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from the hallways into individual dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of the building entrance doors. Building entrance door-latches shall be of the type that are permanently locked. An approved lock box with building entry key, boiler room key, laundry and common area keys, all marked individually accessible to the Fire Department must be provided for access to the building. They enumerated keys must be present in the lock box at all times. A communication system or device such as an intercom, telephone, audible bell or buzzer or other approved means or making contact with the tenants must be provided. (b) Every door that provides ingress or egress for a dwelling unit within a multiple family unit shall be equipped with an approved lock that has a dead locking bolt that cannot be retracted by end pressure; provided, however, that such doors shall be openable from the inside without the use of a key or any special knowledge or effort. (c) Ail ingress, egress and interior doors shall be kept free of holes and/or punctures. Section 3: Light, Ventilation and Electric 5A.203(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has 8 been approved by the Building Official. The minimum total of openable window area in every habitable room shall be the greater of four percent (4%) of the floor area of the room or four (4) square feet. (b) Sleeping Room Eqress. Sleepinq rooms in buildinqs existing prior to this code must have window or door openinqs for egress of no less than four (4) square feet. or the minimum size required by the Building Code in effect when the dwelling was constructed. Space that is added on or converted to sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and provide a means of eqress with openable area of no less than 5.7 square feet. (c) Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility room, or other nonhabitable room shall contain a minimum total of openable window area of no less than 1.5 square feet, except that no windows shall be required if such rooms are equipped with a functioning ventilation system which is approved by the Building Official. (d) Electrical Service, Outlets and Fixtures. Every dwelling unit and all public and common areas shall be supplied with functioning electrical service, functioning overcurrent protection devices, functioning electrical outlets, and functioning electrical fixtures which are properly installed, which shall be maintained in a safe working condition and which shall be connected to a source of electric power in a manner prescribed by §6.201(1). The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: (i) A dwelling containing two or more units shall have at least the equivalent of sixty (60) ampere, three-wire electric service per dwelling unit. (ii) Each dwelling unit shall have at least one branch electric circuit for each six hundred (600) feet of dwelling unit floor area. (iii) Every habitable room shall have at least the lessor of two floor or wall type electric convenience outlets or one such outlet for each sixty (60) square feet of fraction thereof of total floor area; provided, however, the one ceiling or wall- type light fixture may be substituted for one required electric outlet. (iv) Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall-type electric light fixture, and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. (v) Every public hall and stairway in every rental dwelling shall be effectively illuminated by natural or electric light at all times. In structures containing not more than two dwelling units, conveniently located functioning light switches controlling an adequate functioning lighting system which may be turned on when needed may be substituted for full-time lighting. Section 4: Minimum Thermal Standards 5A.204(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein unless such dwelling or dwelling unit shall have heating facilities which are properly installed and maintained in safe and functioning condition, which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least seventy (70) degrees Fahrenheit at a distance of three (3) feet above floor level and at three (3) feet from exterior walls, and which shall comply with the following requirements, to-wit: (a) Gas or electrical appliance designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. (b) Portable heating equipment employing flame or the use of liquid fuel shall not be considered as heating facilities within the meaning of this section and is prohibited. (c) No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. (c) No owner shall supply portable electric heaters to comply with this §5.204(1). Section 5: Foundation, Exterior Walls, and Roofs 5A.205(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the following 10 (a) (b) (c) (d) requirements, to-wit: The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. If 25% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be protected as heretofore provided. Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every window other than fixed window shall be capable of being easily opened and shall be equipped with screens between May 1 and September 30, inclusive, of each year. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin, rodents, and insects from entering the building. Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean state. Rodent Proof. Each part of every dwelling shall be rodent resistant. All openings in exterior walls, foundations, basements, ground or first floors or roofs which have an opening of M" diameter or larger shall be rodent-proofed in an approved manner. Interior floors, basements, cellars and other areas in contact with the soil shall be enclosed with concrete or other rodent impervious material. 11 (e) Fence Maintenance. Ail fences on the premises where the dwelling or dwelling unit is located shall be maintained in accordance with §6.401 to §6.403, inclusive, of this City Code. (f) Accessory Structure Maintenance. Accessory structures on the premises where the dwelling or dwelling unit is located shall be structurally sound and maintained in good repair. The exterior of such structures shall be covered with decay-resistant materials such as paint or other preservatives. (g) Safe Building Elements. Every foundation, roof, floor, exterior wall, interior wall, ceiling, inside stair, outside stair, porch, balcony and every appurtenance to each of the foregoing shall be safe to use and capable of supporting normal structural loads. (h) Facilities to Function. Ail equipment, utilities, chimney and flue required under City Code shall function effectively in a safe, sound and working condition. Section 6: Maximum Density and Minimum Space for Rental Units 5A.206(1) No person shall rent or let to another for occupancy any rental dwelling for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit: (a) Permissible Occupancy of Dwelling Unit. The maximum permissible occupancy of any rental dwelling unit shall be determined as follows: (i) For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. (ii) In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. 5A.206(2) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling unit for occupancy by more than one family, other than for temporary guests. Section 7: Screening and Landscaping 5A.207(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of 12 (a) this §5A.207. Definitions. For the purposes of this Section, the following terms shall have the meanings stated: (i) Fence. Any partition, structure, wall, or gate erected as a divided marker, barrier, or enclosure, and located along the boundary or within the required yard. (ii) Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. (b) (iii) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top beside, or adjacent to a building. (iv) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a plating area. (v) Screening. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. (i) Sodding and Ground Cover. All exposed ground area surrounding the principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. (ii) Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (1) will not be permitted without special approved treatment such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of 13 (c) (d) three (3) to one (1). (iii) Maintenance. Any dead trees, shrubs, ground covers, and sodding shall be replaced in accordance with this Code. All trees or other vegetation which spring up in crevices by foundations must be promptly removed to avoid structural damage. (iv) Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of-way, or immediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. (v) Weeds. The maintenance and upkeep of all lawns and yards shall be subject to Chapter 4, Article II, Section 3 of the Columbia Heiqhts City Code, which is incorporated herein by reference. General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas, including dumpsters and refuse containers for dwellings of three (3) or more units shall be screened from all public roads and adjacent residential uses of property. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five (75) percent capacity year-round. Other Parking Lot Screening. Ail parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to §5A.207(1) (c) must either provide screening pursuant to §5A.207(1) (c) or provide a minimum of one deciduous tree for every forty- five (45) feet or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is 14 (e) (f) located. Fences. Ail fences and screening devices shall be built and regulated in accordance with Chapter 6, Article IV of the Columbia Heights City Code, which is incorporated herein by reference. Outside storage of articles, equipment, construction materials, items not designed for exterior use, and miscellaneous items, including but not limited to, lawn mowers and other lawn maintenance equipment shall not be allowed. A weathertight, rodent-proof storage building or shed must be constructed for storage of items not storable within the building. (g) Variances under §5A.207 shall be enforced and administered in accordance with §5A.208(2). Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: (a) Required off-street parking as defined in Section 9.116 (4) of the City Code. Additionally, any building or structure in existence upon the effective date of this Ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1997. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) All required parking spaces must be surfaced with asphalt or concrete. (d) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and the dwelling unit. (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways 15 (g) (h) between the parking area and the dwelling unit for dwellings of two (2) or less units. In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1997. (i) Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A.208(2) Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3) (d) shall be applied in deciding whether or not an applicant is entitled to a variance. Section 9: Fire Safety 5A.209(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Every existing dwelling unit shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-6. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detectors shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. (b) In new construction of any dwelling unit and in common hallways and other common areas of existing units, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. 16 No person, firm, or corporation shall tamper with any smoke detection device. Any person, firm, or corporation proven to have tampered with any smoke detection device shall by guilty of a petty misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than two hundred ($200.00) dollars. Section 10: Discontinuance of Service or Facilities 5A.210(1) No owner, operator or occupant shall cause any service, facility equipment or utility which is required under this Ordinance to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit except for temporary interruptions as may be necessary wh~le actual repairs or alterations are made or during temporary emergencies. Section 11: Public Health and Safety 5A.211(1) Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. 5A.211(2) Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. 5A.211(3) Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. 5A.211(4) Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. 5A.211(5) Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responmible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwellinq unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a 17 reasonable rodent-proof or reasonable vermin-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. If the problem persists proof of professional extermination shall be supplied to the inspections officer upon request. 5A.211(6) Garbage, Rubbish and Recyclable Materials. Garbage, rubbish, and recyclable materials shall be regulated in accordance with Chapter 8, Article III of the Columbia Heights City Code, which is incorporated herein by reference. ARTICLE III Inspection and Enforcement Section 1: Enforcement and Inspection Authority 5A.301(1) The City Manager and his/her designated agents shall be the Enforcement Official who shall administer and enforce the provisions of the Ordinance. Inspections shall be conducted during reasonable hours, and, upon request, the Enforcement Official shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. Section 2: Inspection Access 5A.302(1) If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this Ordinance, the Enforcement Official may, upon a showing that probable cause exists for the inspection or for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit or multiple dwelling, petition and obtain an order to inspect and/or search warrant from court of competent jurisdiction. Section 3: Inspections 5A.303(1) Each dwell4ng or multiple dwelling which is the subject of a rental license shall be inspected at least once annually, subject to section 5A.303(2). 5A.303(2) Inspections on individual dwelling units shall be required for tenant occupancy changes under the following 18 conditions: (a) During each of the past two years that the owner or landlord has applied for license renewal, they have failed to correct Housing Maintenance Code violations on a timely basis, as evidenced by two written past due Compliance Orders by the Inspections Department or Rnforcement Officer of the City of Columbia Heights; or (b) During the past year, two or more tenant complaints on single family/ duplex/ triplex have been received or four or more tenant complaints on a four-plex or other multiple dwelling have been received and substantiated (Housing Maintenance Code violations were issued based on the complaints). Multiple complaints arising out of the same maintenance problem, which occur within a period of one week, shall be considered to be one complaint for the purposes of this Section. If any one of the above set forth conditions occur, the City Inspections Department will notify the landlord, in writing, that the landlord will be hence forth required to have the building inspected upon each tenant occupancy change. It will also be the responsibility of the landlord to provide a list of current occupants and a 72 hour notification of a new tenant move-in. The tenant occupancy change inspections shall occur for a period of one year from the date of notification by the City Inspections department, however, that time shall be extended if any of the above set forth conditions continue to exist. Section 4: Compliance Order 5A.304(1) Whenever the Enforcement Official determines that any dwelling, dwelling unit or the premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator or agent to correct such violations. The Compliance Order shall: (a) Be in writing; (b) Describe the location and nature of the violations of this Code; (c) Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to whom the notice is directed of the right to appeal; and (d) Be served upon the owner of his/her agent or the occupant, as the case may require. Such notice shall be 19 deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: (i) Served upon him/her personally, (ii) Sent by certified mail return receipt requested to his/her last known address, or (iii) Upon failure to effect notice through (i) and (ii) as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by the notice. 5A.304(2) Upon the correction of all Housing Maintenance Code violations as set forth in the Compliance Order, the City Inspections Department shall, upon request of the owner or landlord, issue a written statement that all violations have been corrected in accordance with the Columbia Heights Housing Maintenance Code. Section 5: Posting to Prevent Occupancy 5A.305(1) The Enforcement Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordnance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Enforcement Official or his representative, shall remove or tamper with any placard used for posting. No person shall reside in , occupy or cause to be occupied any building, structure or dwelling which has been posted to prevent occupancy. Section 6: Right of Appeal 5A.306(1) When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordnance or upon a misstatement or mistake of fact, such person may appeal as set forth in §6.202(1). Section 7: Board of Appeals 5A.307(1) Upon at least five (5) business days notice to the 20 appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under §5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, International Conference of Building Officials. Article IV Licensing Section 1: License Required 5A.401(1) No person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license as hereinafter provided from the Building Official. Each such license shall register annually with the City. If the license is denied, no occupancy of dwelling units then vacant or which become vacant is permitted until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units are in compliance with this Chapter 5A and with §6.202(1) may be occupied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occupied units. Section 2: License Procedures 5A.402(1) Within 180 days after the passage of Chapter 5A, the owner of any rental unit within the City shall apply to the Building Official for a rental housing license in the manner hereafter prescribed. (a) (b) Application shall be made on forms provided by the City and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of an apartment building or rental home constructed after the date of passage of this Ordinance shall obtain a license prior to actual occupancy of any rental unit therein. Applicants shall provide the following information on license applications: (i) Name and address of owner of the rental dwelling and the name and address of the operator or agent actively managing said rental dwelling. (iv) The name and address of the vendee if the rental dwelling is being sold on a contract for deed. (iii) The legal description and address of the rental 21 dwelling. (iv) The number and kind of units within the rental dwelling, the floor area for each such unit and the total floor area of the building. (v) The number of toilet and bath facilities shared by the occupants of two or more dwelling units. (vi) A description of the type of construction of the exterior of the building. (vii) The number of paved off-street parking spaces available. (viii) Name and address of person to whom owner/applicant wishes a certified letter to be sent for purposes of §5A.303(1) (d). (ix) Ail owners of rental dwellinqs shall provide telephone access number(s) to be used in emerqency situations, includinq emergency maintenance and repair. This requirement shall be a condition precedent to the issuance of any rental license. (x) Such other information as the administrative service shall require. Said information may include, but is not limited to tenant lists which include tenants name, unit, and identifying information (i.e. date of birth, social security number, driver's license number). (c) Failure to complete, in full, the required license application shall be qrounds for denial of the license. Section 3: Application and Inspection 5A.403(1) Upon receipt of a properly executed application for a rental housing license, the City Manager shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirements of the Code. Section 4: Issuance of Rental Housing License 5A.404(1) If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent which shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall obtain a license. If the City 22 finds that the circumstances of occupancy following the issuance of the license involve possible Code violations, substandard maintenance or abnormal wear and tear, the City may again inspect the premises during the licensing period. 5A.404(2) The City may by Council resolution establish a reinspection fee. If a dwelling unit is not currently licensed, no license may be issued until all outstanding reinspection fees shall have been paid. If a dwelling unit is licensed, the license for such dwelling unit shall expire twenty (20) days after the licensee or his agent is notified of the outstanding reinspection fees, unless payment is made before the expiration of the twenty (20) day period. Section 5: License Display 5A.405(1) A license issued under this Chapter shall be conspicuously displayed on the rental premises wherever feasible. The licensee shall promptly produce the license upon demand of a prospective tenant or the Building Official or his/her authorized representative. Section 6: License Transfer 5A.406(1) The license is transferable upon application to the Building Official and payment of the license transfer fee by the prospective owner if the licensed premises is in compliance with the Code. The license shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the dwelling unit. The amount of the transfer fee shall be set by resolution of the Council. Section 7: License Renewal 5A.407(1) Ail rental licenses shall be effective for a period of one year. However, renewal of licenses, as required annually by this Code, may be made by: (a) Completing the renewal form furnished to the owner, operator, or agent of the rental dwelling, by the City Inspections Department; and (b) Attendance by the landlord or property manager at three or more hours of continuing education relevant to the operation or management of rental property during the last year. The City Council shall set, by resolution, the types of continuing education meeting this requirement; and (c) Mailing the renewal form together with proof of 23 completion of three hours of training and the required registration fee to the City IDspections Department; and (d) Successful completion of the annual Housing Maintenance Code inspection as required by Section 5A.303(1) of this Ordinance. Such renewal shall only be effective upon successful completion of all the above set forth requirements. Further, said renewal or registration may be made only when no change in ownership, operation, agency or type of occupancy of the rental dwelling has occurred in the last licensing year. Section 8: Suspension or Revocation 5A.408(1) A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. 5A.408(2) The Council may, for cause, revoke or suspend a license, or take other action restricting the privileges of a license subject to the following requirements: (a) The City, through its enforcement officer, shall provide the licensee with a written statement of reasons or causes for the proposed Council action together with a notice for public hearing. (b) The council shall conduct a public hearing on the proposed action and provide findings of fact and citations to any ordinances or regulations that have been violated, together with a statement of action taken and the conditions of any resulting revocation suspension, or other action restricting the privileges of the licensee. (c) The enforcement officer shall forward the findings and statement of action taken to the person in whose name said license was issued by mailing the same to the mailing address indicated on the license application. 5A.408(3) A violation of any provision of this chapter or of state law, prescribing standards of conduct or regulations governing a licensee; the particular type of business or commercial activity or trade or occupation that is licensed; or the premises where the licensed activity is conducted; shall be a prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee as the Council may determine. 24 5A.408(4) Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showinq of cause for revocation, suspension, or other such action restrictinq the privileges of a licensee as the Council may determine. Section 9: License Fees 5A.409(1) License fees, inspection fees, and reinspection fees shall be established by Council resolution. Section 10: Conduct on Licensed Premises 5A.410(1) It shall be the responsibility of the licensee to take appropriate action following conduct by persons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: (a) Minn. Stat. §§ 609.75 through 609.76, which prohibit gambling; (b) Minn. Stat. §§ 609.321 through 609.324 which prohibit prostitution and acts relating thereto; (c) Minn. Stat. §§ 152.01 through 152.025, and §152.027, subds. 1 and 2, which prohibit the unlawful sale or possession of controlled substances; (d) Minn. Stat.§ 340A.401, which prohibits the unlawful sale of alcoholic beverages; (e) Minn. Stat. § 609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house; (f) Section 10.312 of this code, which prohibits noisy assemblies; (g) Minn. Stat. §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and section 10.307 of this code, which prohibit the unlawful possession, transportation, sale or use of a weapon; or (h) Minn. Stat.§ 609.72, which prohibits disorderly conduct. (i) Minn. Stat. ~ 609.221 throuqh 609.224, which prohibits assaults, including domestic assault as defined in Minn. Stat. § 518B.01. (j) Violation of laws relatinq to contributinq to need for 25 protection or services or delinquency of a minor as defined in Minn. Stat. ~ 260.315. (k) Section 8.201 et al. of this Ordinance which relates to animal noises and public nuisances. 5A.410(2) The Police Chief (Department) shall be responsible for enforcement and administration of this section. 5A.410(3) Upon determination by the Police Chief (Department) that a licensed premises was used in a disorderly manner, as described in section (1), the Police Chief (Department) shall notify the licensee by mail of the violation and direct the licensee to take steps to prevent further violations. 5A.410(4) If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in subsection (3) was given, the Police Chief (Department) shall notify the licensee by mail of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Chief (Department) within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. If the licensee fails to comply with the requirements of this subsection, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner described in Sections 5A.408(1) throuqh 5A.408(4). 5A.410(5) If another instance of disorderly use of the licensed premises occurs within three (3) months after any two (2) previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner described in Sections 5A.408(1) throuqh 5A.408(4). 5.410(6) No adverse license action shall be imposed where the instance of disorderly use of a licensed premises occurred during the pendency of eviction proceedings 26 (unlawful detainer) or within thirty (30) days of notice Given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by that tenant or by other occupants or Guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. 5A.410(7) A determination that the licensed premises has been used in a disorderly manner as described in subsection (1) shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section. Article V Remedies Section 1: Hazardous Building Declaration 5A.501(1) In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the effects within a prescribed reasonable time, the dwelling may be declared a hazardous building and treated in accordance with the provisions of Minnesota Statutes. Section 2: Secure Unfit and Vacated DwellinGs 5A.502(1) The owner of any dwellinG or dwellinG unit which has been declared unfit for human habitation or which is otherwise vacant for a period of 60 days or more shall make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at the doors, windows or other wall openings, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and shall constitute a public nuisance within the meaninG of this Code. Section 3: Failure to Comply 5A.503(1) Upon failure to comply with a Compliance Order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstandinG, the City Council, 27 after due notice to the owner, may by resolution declare the condition to constitute a public nuisance and cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in accordance with Minnesota Statutes Chapter 429, for abatement of nuisances and specifically for the removal or elimination of public health or safety hazards from private property. Any assessment levied thereunder shall be payable in a single installment. The intent of this section is to authorize the City to utilize all of the provisions of this Code and of Minnesota law to protect the public's health, safety and general welfare. Section 4: Remedies Cumulative 5A.504(1) Any remedies pursued under this §5.501 to 5A.503, inclusive, are in addition to the remedies or penalties prescribed under §5A.601 to 5A.611, inclusive. Article VI Penalties 5A.601 No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental dwelling unit is located in violation of Chapter 5A, Article II (§5A.201, et. seq.), maintenance standard. 5A.602 No person, firm or corporation shall operate a rental dwelling or dwelling unit without a license issued pursuant to this Chapter or accept rental payments from a tenant of any unlicensed dwelling or dwelling unit which payment is for occupancy for a period during which the dwelling or dwelling unit is not license pursuant to this Chapter. 5A.603 No person, firm, corporation or licensee shall refuse or fail to allow the Building Official to enter a dwelling or dwelling unit for purposes of inspection when authorized by this Chapter. 5A.604 No person, firm, corporation or licensee shall fail or refuse to obey a Compliance Order validly issued under this Code. 5A.605 No person, firm or corporation shall give or submit false information on a license application or any renewal thereof. 5A.606 No person who is an occupant of a rental dwelling or 28 rental dwelling unit shall cause a rental dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become in violation of any of the maintenance standards set forth in Chapter 5A, Article II (§5A.201, et. seq.), normal wear and tear excepted. 5A.607 No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to be licensed under this Chapter. 5A.608 No occupant of any rental dwelling or rental dwelling unit shall fail to allow or refuse entry to the Building Official for purposes of inspection when authorized by this Code. 5A.609 No person may occupy a dwelling or property posted pursuant to §5A.304. 5A.610 No person, firm or corporation, including an owner, licensee or occupant, shall remove or tamper with a placard used for posting property pursuant to this Chapter. 5A.611 Any person, firm or corporation who violates or refused to comply with any of the provisions of this Chapter is guilty of a misdemeanor, unless herein specifically noted. Upon conviction of said misdemeanor they shall be subject to a fine of not more than seven hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Joseph Sturdevant, Sr., Mayor Jo-Anne Student, Council Secretary 29