Agenda Packets - 1996/07/29 - Laserfiche WebLink

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JUL 23 '96 16:49 KENNEDY & GRAVEN P.3 . Chug Whiting July 23, 19964111/ Page 2 regulations to newly constructed buildings and existing buildings with increased floor area. • 2. The Answer to Issue No. 2 is yes. The.Ci • to install automatic fire suppression tY can require an existing building ppreSsion s increased in floor are$ thystem$ anytime the existing building is rough a new addition. According to Tom Joachim, the State Building official, Optional Appendix E, which Chapter 1306 of the Minnesota Rules, is interpretednow referred to as building to be brought fully into complianceh. fire require an existing temrequi?ements anytime it has its floor area increased protection system ANALYSIS j This opinion is based on the information and facts that staff has been able to provide I me with to date. The information indicates that there was never any ordinance introduced or adopted that repealed Ordinance No. View Municipal Code which was adopted on June 27, 1983 doplting Optionon 60.02 ofal the E of the Minnesota State Building Code regarding. systems. In fact, in a letter dated November 2 , 1Sterling Cofire i Codifiers,suppression ss he City's codification service, indicated that Ordinance No. 343 , the automatic 0 fire suppression systems, was included in the materials received by the codifiers for inclusion in the Code. It was inadvertently omitted by the codifiers when preparing the•current code_ Section 3.20, subd. 1 of the Mounds View City Charter states: An ordinance or resolution which repeals all or part of a previous ordinance or resolution shall give the number, if any, and the title of the ordinance or resolution to be repealed in whole or in part. No . ordinance or resolution shall be amended by reference to the title alone, but an ordinance or resolution which amends such ordinance or resolution shall set forth in. full each section or subdivision to be amended and shall indicate by appropriate type or symbol matters to be omitted or added. (emphasis added) . Section 3.11 of the Mounds View City Charter states: The City shall review, revise and rearrange its ordinance code and its resolution index with such additions and deletions as may be deemed necessary by the Council at least once every two years (emphasis added). Section 102.01 of the Mounds View Municipal Code states that "all general ordinances of the City passed prior to the adoption of this Municipal Code are hereb repealed, except such as are included in this Municipal Code or are by necessaryy " .pealed, herein reserve from repeal". This general repealer language, which doespo cmake reference to any specific sections or subdivisions being omitted, does not comply • with the charter requirements of Section 3.10 and Section 3.11 for repealing 2=107773 !47125-47