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HomeMy WebLinkAboutJune 20, 1994 Work SessionCITY OF COILUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612} 782-2800 Mayor Couflcilmeml)er~ I)om,kl (;..hd:~ Palrick I Icni?', Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: NOTICE OF OFFICIAL MEETING Notice is hereby given that an official meeting is to be held in the City of Columbia Heights as follows: MAYOR, CITY COUNCIL, AND CITY MANAGER MONDAY, JUNE 20, 1994 8 P.M. CONFERENCE ROOM WORK SESSION AGENDA 1) Review Financial Statements/Audit 2) City Attorney Services 3) Home Occupation Ordinance 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 all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) cb "SERVICE IS OUR BUSINE:V,.ff' E,.3LhkL C)??OR'FUI',]I; Y E?,,4PI. O"¢ER THE CITY OF COLUMBIA HEIGHTS [)OE::~ NOT D SCRIMINA~E ,Did Tr ![-~ BASIS OF DISABILITY ~N P-,MPLO'¢MF!NT C: :t THE PROVI.SION OF SEPV CES CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PAT HENTGES, CITY MANAGER JUNE 17, 1994 REVIEW OF FINANCIAL STATEMENTS/AUDIT Please be advised that our auditor, Tautges, Redpath and Company, Ltd. will be at our Work Session on Monday, June 20, 1994, at 8 P.M. Please bring your previously submitted Comprehensive Financilg Report and Management Report and Recommendations to this meeting. cb JUN-l?-1994 15:33 A1 ad, ho~ FROM KALINA,WILLS,WOODS TO CCH G .NERAL MUNICIPAL PROPOSAL ?822801 P.02 EGC $% Provide nine hours per week of on sit_~e office hours at the City,of .Columbia Heights, 8,30 a.m. =o ll~[301.a.m:., Monday; Wednesday and Friday'(except holidays) staffed by an associate a:torne¥. It is contemplated thaU this time~i~l m~et mosn if not~all of the City of Columbia Heights needs.! Prepare and attend regularly scheduled, i Counsel meetings; : Plan/zoning meetings; ' 'Charter commission mee%ings, $5, 30 per month retainer Sixlmont~ written no=Ace by mi=her party. Thm~e years beginning July 1, 1994. the above contemplated services rendered Qn. site. Services in ition i=o =he above would be at $100 par~ner, $851 assbcia=e per aiator iClause, i ; ' [ 9er year for volume (does not apply =o hourlyiralte) and 5% per er, cos~ of living - 10% per year. ' Ail CCH CRIMINAL PROSECUTION PRO?~S~ Dedicated certified legal assistant (Susan Maign~son full ~ime to city criminal files, includes all d&i~y a'¢tivi=ies, telephones, preparation of files for litigation, s!uheduling, and reports to court, (Includes all har~ ~cos~s, salary benefits, etc. and and so~c costs - i.e. spa~e2'pho~es,' e~c.) Preparation and execution o~ all legal prolcess, ~omplain~s (~e=~-misdemeanor-gross), subpoenas,' 7~! and 9,02. discovery. Staffed by legal assistant (no~ 91) law clerk attorney as necessary. Prepare/attend all regularly scheduled, · Cour% =rials - 2 da~es per month~ [ :Pre-trials - 5 dates per mo~th (odd numb~r&d months); and :Jury trials - ~ da=es per monzh (even numbered months. ', $9,000 per month retainer~ unscheduled appearances on hourly rate ($~0~ partner, $85 ocia~e). ~ ala'~or,Cla_u~ ~ ~er year'for volume (does not apply to hourl?!r~te) and 5% per cos= icl living. Thzee :years'beginning July 1, 1994. ~ezmin.ation Clause., s~moln~h~, iwri~ten notice by e£~her party. CCH lit)l:,gRT A. QUZY BERSL\KD E. STEFFEN RIt*.'HARD A. MERR LL DARRELL A. JENSEN JEFt:REY S. JOHNSON RU.~;SE1.L H. CRO\VI)ER JOb E ERICKSON LAWRENCE R. JOHNSON DAVID A. COSSI TH~)M,\S E MALONE ,MICHAEl. E HURLEY VIRGIl C. HERRICK HERMAN L. TALLE Barna, Guzy & Stiffen, Ltd. ATTORNEYS Al- LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) 780-8500 FAX (612) 780-1777 Writer's Direct Line: (612) 783-5124 PAMELA M. HARRIS CHARLES M. SEYKORA WILLIAM M. HANSEN DANIEL D. GANTER. JR. BEVERI.Y K. DODGE GREGG V. HERRICK JAMES D HOEI-T JOAN M. QUADE SCO~[T M. LEPAK STEVEN L. MACKEY DAVID M. WEIGEL ELIZABETH A. SCHADING WILLIAM E }tUEFNER ROBEKI' C. HYNES 19~5-1~93 May 25, 1994 Mr. Patrick Hentges City Manager city of Columbia Heights 590-40th Avenue Northeast Columbia Heights, MN 55421 RE: HRA Billing Dear Mr. Hentges: This letter is to confirm our telephone conversations regarding the billing rate for the Housing & Redevelopment Authority of Columbia Heights legal services. It is my understanding that the Columbia Heights Council, while considering the Barna, Guzy & Steffen, Ltd. proposal for legal services for the City, has inquired as to whether we would be agreeable to bill the HRA of Columbia Heights at the same hourly rate that we will bill the City. As you know, our proposal is to bill basic services at a flat yearly rate. However, contained in our Proposal are hourly rates for excess work and for certain representation not contained in eho ~i~ services. We would be willing to bill the HRA at those hourly rates which would vary depending upon the type of legal service but that are identified in our Proposal. This agreement is contingent upon acceptance of our Proposal for the civil and criminal work for the City. Adjustments on the hourly rates for the HRA would be effective upon the commencement of our work as City Attorney. An Equal Opport,mit¥ Emphwer Patrick Hentges May 25, 1994 Page Two I trust that this letter confirms our oral agreement. have any questions, please contact me. Sincerely, Virgil C. Herrick If you VCH:jjh CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT TO: Pat .Hentges, City Manager ['ROM: Le~ard lq. O1 son, Captain SUBJECT: Barna, Guzy Law Office Visit DATE: May 19, 1994 As per our previous discussion, Sergeant Roddy, Jendro and I, visited with several members of the law firm at their location in Coon Rapids on Tuesday May 17. I was personally pleased to see old faces of the past. Several attorneys we met with were actively working as public defenders for other firms when I was working the streets as a patrolman. We received about an hours worth of information that was both refreshing and valuable. The others with me were equally as impressed. The attorneys described legal services that covered areas of labor issues to environmental issues with specialized people to fill any need imaginable. I think the value that stood out was their commitment to customer service. Tmeir thoughts and feelings paralleled those that we had regarding past frustrations and problems encountered with our present provider. Our unanimous decision is that we collectively would be more than pleased should they be awarded the contract. Thank you for the opportunity to provide feedback in this matter. lmo Greggory J. Woods COLUMBIA HEIGHTS CITY ATTORNEY 941 Hillwind Rd. N.E. Minneapolis, MN 5,5432 {612) 572-3471 (612) 571-2418 (Fax) May 11, 1994 Mr. Pat Hentges, City Manager Columbia Heights City Hall 590 40th Avenue N.E. Columbia Heights, MN 55421 Dear Pat: Just a note to follow up on our telephone conference of May 10, 1994. I have also discussed the following with Councilman Bob Ruettimann. As I discussed with you several months ago, when I had given you notice of my intention to resign as city attorney, I was interested in pursuing alternatives. As you and I discussed in the contract extension, it would allow us time for transition as well as discussin~ the possibility of our firm continuing to represent the City in the civil litigation matters as well as the prosecution. One of the things we had talked about was that at some time during the six month contract period we get together and submit a proposal or meet with the Council regarding alternatives. Evidently the City has moved towards some closure on this issue and somehow that earlier discussion has become untimely. Our firm is interested in discussing the possibility of continuing to represent the City of Columbia Heights in the areas of prosecution as well as civil litigation. I would be more than happy to meet with you and/or j~he City Council at any time to discuss the alternatives avail~e. V~~uly yours, /Greggo~y J. Woods y at Law Direct Dial: 572-3446 "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER P. OIqEP,T A. GUTY- BERNARD E. STEFFEN RICHARD A. MERRILL DARRELL A. JENSEN 'JEFFREY S. JOHNSON RUSSELL H. CROWDER JON E ERICKSON LAWRENCE R. JOHNSON DAVID A. COSS1 THOMAS P. MALONE MICHAEL E HURLEY VIRGIL C HERRICK HERMAN L. TALLE BGS Barna, GuZy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) 780-8500 FAX (612) 780-1777 PAMELA M. HARRIS CHARLES M. SEYKORA WILLIAM M. HANSEN DANIEL D. GANTER, JR. BEVERLY K. DODGE GREGG V. HERR1CK JAMES D. HOEFT JOAN M. QUADE SCOTT M. LEPAK STEVEN L. MACKEY DAVID M. WEIGEL ELIZABETH A. SCHADING WILLIAM E HUEFNER ROBERT C. HYNES 1935-1993 May 10, 1994 Mr. Patrick Hentges City Manager City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 RE: AGREEMENT TO PROVIDE LEGAL SERVICES Dear Mr. Hentges: The purpose of this letter is to document the terms of the agreement for legal services between our firm and the City of Columbia Heights. We will perform the following legal services as described in the February 1994 Request for Proposals for Legal Services as requested on a time schedule appropriate to the requirements of the City of Columbia Heights: General Legal Representation Attend all regular city council meetings (approximately 24 per year, 4 hours in length) and if requested, other city of committee meetings; Attend 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. Draft ordinances, resolutions, and correspondence as requested; Meet with and advise the city council, city manager, department managers, and other designated individuals on general legal matters; Review or draft, as requested, municipal contracts, joint powers agreements,and purchase of equipment documents; An Equal Opportunxr¥ Employer Mr. Patrick Hentges Agreement for Legal Services May 10, 1994 page 2 6. Represent the City at eminent domain proceedings; 7. Research and submit legal opinions on municipal or other legal matters; o Defend 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 employment matter; 9. Review bond and insurance requirements for City contracts or activities; 10. Prepare quarterly report on the status of City litigation, or as requested by the city manager; 11. Review 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. Represent 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; 15. 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; and 16. Provide a system of availability and follow-up responding to City staff questions. For civil work, we will begin to provide services to the City of Columbia Heights on , 1994. Mr. Patrick Hentges Agreement for Legal Services May 10, 1994 page 3 Ci_ty Prosecution Services 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 heating, revocation hearings, omnibus hearing arraignments, court trials, sentencing, jury trials; Prosecute misdemeanor complaints for housing, business licensing, and zoning/building code violations; Prepare files for court including assembling witness lists, preparing 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 and ordinances; Prepare letters to victims regarding omnibus hearing notifications, changes in time, dates or place of hearings; Maintain records including: court calendars, formal complaint requests, records regarding criminal history requests for the BCA, officer vacation schedules and court assignment schedules of prosecutors; Telephone and maintain 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.; o Research statues/ordinances for court cases, formal complaints or as requested by the Columbia Heights Police Department or the City of Columbia Heights; 9. Handle requests for disposition of detainers; and 10. Maintain active files (approximately 3200). We will begin to provide services to the City of Columbia Heights on criminal prosecution matters on ,1994. Mr. Patrick Hentges Agreement tbr Legal Services May 10, 1994 page 4 The legal services will be generally distributed to attorneys in our office as follows: Virgil Herrick has been designated lead attorney for the City of Columbia Heights and will be responsible for directing work to other attorneys or support staff based upon the complexity of the matter and their expertise in an area. Gregg V. Herrick will be primarily responsible for prosecutions. Jim Hoeft will be primarily responsible for attending City meetings and workshops. Bernard E. Steffen will be primarily responsible for all labor and employment law related issues for the City. Bernard E. Steffen and Scott Lepak will provide backup service in all of the civil and municipal areas listed in the proposal. FEES We will perform the services listed above under general legal representation for a fixed fee equal to fifty-five thousand five hundred dollars ($55,500) per year with the following exceptions: A. This fixed fee will include up to 30 City Council meetings and 16 Planning and Zoning and City Charter Meetings. In the event that we are requested to attend over 30 City Council meetings or 16 Planning and Zoning or Charter meetings, such attendance shall be an additional charge at the following hourly rates: - Attorneys .................. $85/hour - Paralegal. law clerks, data research .... $45/hour B. Time spent performing employment and labor relations counseling, the litigation listed in paragraphs 6 and 8 above under general legal representation and all other civil litigation services for the City will be performed at the following hourly rates: - Shareholders and Principal attorneys for the Firm ................ $105/hour - Associate attorneys for the Firm ...... $85/hour - Paralegal, law clerks, data research ....$45/hour C. Time spent pertbrming legal work for the City which is billed to and paid for by a third parry (such as an insurer or developer) will be charged at our normal hourly rates at the time the service is provided rather than the hourly rates stated in this agreement. This amount will not be included in the fixed fee. Mr. Patrick Hentges Agreement for Legal Services May 10, 1994 page 5 We will perform the services described above under city prosecution services for a f~xed fee equal to one hundred ten thousand seven hundred dollars per year with the following exception: This fixed fee will not include any time spent performing criminal prosecutions on cases arising prior to April 1, 1994. All time spent on cases that arose prior to April 1, 1994 will be at the following hourly rates: - Attorneys .................. $85/hour - Paralegal, law clerks, data research .... $45/hour This fixed fee will include time spent performing criminal prosecutions (on cases arising on or after April 1, 1994) that are tried to a jury for a period not to exceed six months from the date that we begin performing criminal prosecution services under this agreement. The parties agree that during this six month period, they will keep records of the number of criminal prosecutions that result in jury trials and the average length of the jury trials. Based upon this information, the parties will discuss the appropriate compensation for time spent on criminal prosecutions that result in jury trials which occur after the initial six month period. In the event that the City does not immediately assign responsibility for performing current criminal prosecutions (defined as cases arising from and after April 1, 1994), the fixed fee shall be pro rated based upon the months of criminal prosecution services performed by our fu'm during the one year term of this agreement divided by twelve. EXPENSES Charges for necessary expenses incurred in travel, lodging, meals, and long distance telephone calls will be payable by the City. No separate charges will be made for clerical services, printing, or publication costs except that copies will be charged at fifteen cents ($. 15) per page. Westlaw is billed at three dollars ($3.00) per minute. Mileage is charged at $.29/mile. Facsimile charges are $1.00/page. Mr. Patrick Hentges Agreement for Legal Services May 10, 1994 page 6 BILLING The services provided under the fixed fee agreement provided above will be billed in twelve equal monthly installments ($4,625 per month for general legal representation services and $9,225 per month for criminal prosecution services). Fees for services provided under the fixed fee agreement, fees for services provided under the hourly rates described above and for covered expenses shall be due and payable within thirty (30) days following receipt of monthly billings. The monthly billings will itemize time expended, services rendered, and necessary expenses incurred. DURATION This contract shall become effective on the date that it is executed by the City and shall continue for a period of three calendar years following the date that we first begin to perform criminal prosecution services for the City. Except for compensation for time spent performing criminal prosecutions on cases that are tried to a jury, which is subject to negotiations as provided above, the fee schedule shall not be increased for the twelve month period following the date that we first begin to perform criminal prosecution services for the City. Thereafter, the parties shall discuss the appropriate compensation for the two remaining years of the term of this contract. Failure to agree on the appropriate compensation for the remainder of this contract will terminate the contract. Such termination shall be effective through the last day of the year on which the parties were able to agree on the appropriate compensation. GENERAL MATTERS This firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. This firm certifies that it will comply with all affirmative action/equal employment opportunity requirements of the City and shall not discriminate under the contract against any person in accordance with federal, state and local regulation. Mr. Patrick Hentges Agreemem for Legal Services May 10, 1994 page 7 If this Agreement is acceptable to the City of Columbia Heights, please execute the original and one copy of this Proposal and return the executed copy to us. Sincerely, BARNA, GUZY & STEFFEN, LTD. ACCEPTANCE THE ABOVE PROPOSAL IS HEREBY ACCEPTED BY THE COLUMBIA HEIGHTS CITY COUNCIL THIS ~ DAY OF , 1994: By Joseph Sturdevant, Mayor Attest: Patrick Hemges, City Manager f:\labor\smlmisc\servi3.agr 051094sl i(OB£RT A. C-.UZY REIEqARD E. STEFFEN ?dC~t-IAKD A. MERRILL DARRELL A. JENSEN a~£FFREY S. JOHNSON RUSSELL H. CROWDER JON P. ERICKSON LA~,ENCE R. JOHNSON DA¥1D A. COSSI THOMAS E MALONE MICHAEL E HURLEY VIRGIL C. HERRICK HERMAN L. TALLE TO: FROM: DATE: BGS Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) 780-8500 FAX (612) 780-1777 Writer's Direct Line: (612) 783-51~ MEMORANDUM PAMELA M. HARRIS CHARLES M. SEYKORA ~qLLIAM M. HANSEN DANIEL D. GANTER, JR. BEVERLY K. DODGE GREGG \: HERRICK JAMES D. HOEFT JOAN M. QUADE SCOTT M. LEPAK STEVEN L. MACKEY DAVID M. WE1GEL ELIZABETH A. SCHADING ~qI. L1AM E HUEFNER ROBERT C. HYNES 1935-1993 Patrick Hentges City Manager City of Columbia Heights Bernard E. Steffen Virgil C. Herrick ~/~,/~..~ April 27, 1994 .,F.R This Memorandum is to confirm a telephone conversation between Pat Hentges and Virg Herrick on April 25, 1994. In that conversation you indicated that Columbia Heights was ready to assign the civil work to Barna, Guzy & Steffen, Ltd. but that the City had a commitment to continue with its present attorneys on the prosecution until either September~l, 1994 or October 1, 1994. Barna, Guzy & Steffen, Ltd. is ready to commence the civil work as soon as possible and would prefer to commence the prosecution prior to the above dates if possible. Perhaps an arrangement can be worked out where your present attorneys would finish the prosecutions that they have started and Barna, Guzy & Steffen, Ltd. would commence the new prosecutions. If this were to be done an equitable arrangement of dividing fees between the two firms could be established. I also understand that you will be arranging a meeting of our prosecutors with representatives of the City as soon as possible. You advised me that the City is interested in accepting our proposal to do both the civil and prosecution work and that you are interested in Option Two which would adopt a flat fee based upon the average cost to the City for the years 1991 through 1993. Based upon statistics that you have furnished us it appears that the average for the last three years for civil work would be $55,500.00 and for the prosecution work would be $110,700.00 per year. We would propose that these sums be used for the flat fee work and that they be payable in equal monthly payments. An Equal Opportunity Employer Patrick Hentges April 27, 1994 Page Two The services to be performed under the flat fee are subject to the limitations and exceptions contained in Barna, Guzy & Steffen, Ltd.'s Proposal, dated March 3, 1994, as stated in Item 14 under the heading "Combined General Civil Legal and Criminal Services-Option Two-Combined". Those services not included in the flat fee rate will be done on an hourly basis at the rates quoted in Barna, Guzy & Steffen, Ltd.'s Proposal. This Proposal is also contingent upon Barna, Guzy & Steffen, Ltd. doing both the civil and prosecution work. Barna, Guzy & Steffen, Ltd. will agree to perform all of the legal services, as quoted in its Proposal, for a twelve month period from the date of commencement of the prosecution at the flat rate quoted above and at the hourly rates for services not included in the flat rate proposal. Barna, Guzy & Steffen, Ltd. will do the criminal prosecution for the above flat rate and will include jury trials in said rate for the first six months of the contract. Barna, Guzy & Steffen, Ltd. will keep a record of the hours spent on criminal jury trials and after said six month period the parties will review these statistics to determine whether the compensation for jury trials should be on an hourly basis as proposed in the March 3, 1994 Proposal. We would like to have a meeting as soon as possible to resolve any remaining questions and to prepare the necessary contracts for legal services. One of us will call you shortly to arrange a meeting. CITY COUNCIL LETTER Meeting of: May 9, 1994 AGENDA SECTION: Public ORIGINATING DEPT.: CITY MANAGER Hearings/Ordinances & Resolutions Planning & Zoning APPROVAL NO.: 6 ITEM: Home Occupation Ordinance BY: Kathryn Pepin BY: NO: Ordinance ~1285 DATE: April 25, 1994 Since April 8, 1991 a moratorium has existed on the enforcement and granting of Home Occupation permits. The moratorium was the result of a request for a Conditional Use Permit by Mr. Terry Pease of 4600 N.E. 6th Street to conduct a home occupation of a cooling/heating balancing service from his home with employees involved that did not live at the residence. A copy of the council letter from the April 8, 1991 agenda is attached as well as the minutes from the January 8, 1991 Planning and Zoning Commission meeting where this request was also reviewed. There has been a considerable amount of inquiries from residents regarding home occupations. Staff feels it necessary that the City adopt criteria addressing home occupations as soon as possible as there is a demand for such use in the residential areas. Currently, there is very little regulating home occupations, only a definition in the Zoning Ordinance. Staff has spent extensive hours contacting other cities, researching ordinances and compiling the best of a variety of regulations. We feel that these regulations will be very helpful to Staff and fair for residents of the community. The Planning and Zoning Commission reviewed and discussed the proposed Home Occupation criteria at their meeting of April 5, 1994. The Planning and Zoning Commission unanimously recommend approval of Ordinance 1285 pertaining to the regulation of home occupations. RECOMMENDED MOTION: Move to waive the first reading of Ordinance 1285, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt the first reading of Ordinance 1285, and establish the regular council meeting of May 23, 1994 as the second reading of the Ordinance. COUNCIL ACTION: ORDINANCE NO. 1285 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO HOME OCCUPATIONS The City of Columbia Heights does ordain: Section 1: Section 9.103(31) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 9. 103 (3~) Home Occupations: Any gainful occupation .-~H~e-'I~-~,F~-e.~.-~--o~E ~h~_~ollo~ing -~~~---~-~~-~-~-~-~~s r~~__i~_ ~e--~%l~r --wh i~--4~s -~--~uirc--~i~~ ~r~e~~ t b~~~l-~~~e~s-~-~ ~ f-~~-~ is herewith amended to read as follows: 9.103(31) Home Occupation: Any gainful occupation or profession engaged in by an occupant of a dwelling unit. Such use must be clearly incidental and secondary to the principal use of the dwelling for residential purposes and shall not change the residential character of the dwelling or have an adverse effect on adjacent properties nor constitute a nuisance or safety hazard. Section 2: Section 9.107(3)(d) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 9.107¢3){d) Home Occupations subject to an annual renewal and reapplication if it has changed in scale or character. is herewith amended to read as follows: Home Occupations, subject to requirements: the following 1. The home occupation is clearly incidental and secondary to the residential use of the property and does not change the character thereof. 2. Only members of the immediate family residing on the premises shall be engaged in such home occupation. 3. No outside storage of products, materials, or equipment connected with the home occupation is permitted.. 4. The home occupation must be conducted entirely within th~ principal building. The entrance to the space denoted to the homQ occupation shall be within the dwelling. 5. No interior or exterior alterations and no construction features shall be permitted which are not customarily found in a 6. The home occupation shall meet all applicable fire and building codes as well as any other applicable City, State ok Federal requlations~.. 7. At no t~me shall the home occupation generate traffic or parking that exceeds the type and level which typically service single family residences as requlated under 9.116 of the zonin% Ordinance Parking requirements. Such traffic and parking shall not constitute a nuisance or safety hazard. No such parking facilitieu shall be provided within any required front or side yard, except upon an established blacktop or concrete driveway.. 8. Signage pe~taininq to the home occupation will be allowed on the premises not to exceed one square foot and provided it bc attached flat to the wall of the structure and not be illuminated. 9. Specific activities prohibited in residential zoning districts: A. The repair, whether for consideration or not, of motor v-hicles which are not registered to a resident of the dwelling on the property where the repair is made or to a member of thc immediate family. B. Massage establishments, including those for therapeutic massage and acupuncture, or escort services. C. Retail sales. D. Manufacturing operations. E. Animal hospitals, veterinary services, kennels, animal grooming services or animal breeding operations. Section 3: Section 9.107(2)(g) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: is herewith amended to read as follows: g. X07(2)(~) Any home occupation which does not meet the specific requirements for a permitted home occupation as defined 9.107(3)(d) and to include the followinq: 1. One e~ployee may be allowed if the applicant can satisfactorily prove unusual or unique conditions for the need one employee and that this exception would not compromise the intent of this code. Prior to approval of the Conditional Use Permit, it shall be found that the home occupation would not ~therwise require a Conditional Use Permit and that such impact o£ the home occupation on the surroundinq neiqhborhood is no qreate~ than that of a home occupation without such employee that requires a Conditional Use Permit. 2. If the home occupation is conducted in the qaraqe, the minimum ~mount of required qarage space must be maintained as a qaraqe space. 3. Conditional Use Permits for home occupations shall not run with the property, shall not be transferable from one person another, and are subject to review if the use chanqes in scale chara__cter. Section 4: 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: Date of Passage: Joseph Sturdevant, Mayor Jo-Ann Student, Council Secretary