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