Laserfiche WebLink
Mounds View City Council August 23, 2004 <br />Regular Meeting Page 3 <br /> <br />Mayor Linke stated that this issue is costing the City a lot of money every year. He stated that 1 <br />this is the same Ordinance that Fridley has, and that this is not a Fourth Amendment type 2 <br />situation. He stated there is a right of entry relationship with the homeowners for the purpose of 3 <br />ascertaining whether the sump pumps are properly hooked up. 4 <br /> 5 <br />Mr. Field stated he doesn’t want anybody walking through his home looking for something that 6 <br />doesn’t exist. 7 <br /> 8 <br />Mayor Linke stated he doesn’t have one either, but he let them inspect his home. 9 <br /> 10 <br />Council Member Gunn stated she doesn’t have one either, but she let them inspect her home. 11 <br /> 12 <br />Mr. Field stated they should get a search warrant if they want to inspect his home. 13 <br /> 14 <br />Council Member Quick asked the City Attorney what rights the City had in this situation. 15 <br /> 16 <br />City Attorney Riggs stated that when the City provides services to citizens, there is a contract 17 <br />between the City and the citizens. Pursuant to that contract, the right has been established via the 18 <br />ordinance to inspect and maintain those types of systems. He stated it is not a search and seizure 19 <br />situation. 20 <br /> 21 <br />Mr. Field stated that that is not what his attorney told him, and Mayor Linke told him to call his 22 <br />attorney and let him know what he has heard here tonight. 23 <br /> 24 <br />Council Member Marty asked the Public Works Director to explain what the City is authorized 25 <br />to pay in connecting a corrected application. 26 <br /> 27 <br />Public Works Director Lee stated that in cases where the sump pump isn’t in compliance with the 28 <br />ordinance, the City will pay 50 percent of the correction cost, up to $300. He stated the City has 29 <br />inspected almost 500 homes, and there was a total of 352 homes that were found to not have 30 <br />sump pumps. He stated of the 145 that did have sump pumps, 63 were not in compliance. 31 <br /> 32 <br />Mr. Field again stated he did not have a sump pump, so there is nothing to check. 33 <br /> 34 <br />Jim Huntsman, 2570 Mounds View Drive, stated he is the director of the Silver Lake Woods 35 <br />Association, and he asked if the improvement project there was classified as major or minor. 36 <br /> 37 <br />Public Works Director Lee stated that they don’t have a classification system such as that, but 38 <br />that he would consider it a major project since it’s almost a $2 million project. 39 <br /> 40 <br />Mr. Huntsman stated that at the last board meeting it was discussed that the City Attorney wanted 41 <br />100 percent resident approval for the conveyance of the common element to the City, and he 42 <br />wondered if there was a statutory basis for that. 43 <br /> 44