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)
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"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.
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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