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HomeMy WebLinkAboutOrdinance 803• ORDINANCE N0.803 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 900, CHAPTER 906 AND CHAPTER 907 OF THE MOUNDS VIEW CITY CODE BY ADDING LANGUAGE PERTAINING TO PRIVATE INSPECTIONS AND OTHER REQUIREMENTS OF THE WATER AND SANITARY SEWER SYSTEMS SECTION 1. The City Council of the City of Mounds View hereby amends Title 900, Section 906.04, Subd. 2(d) of the Mounds View Municipal Code by adding the underlined material as follows: d. All water meters hereafter installed shall be accessible to the Clerk- Administrator or a designee at any reasonable hour of any business day, and the refusal of admission by any owner or occupant of any premises wherein a water meter is installed after notice shall constitute a violation of this Chapter. Individual property owners may request the opportunity to hire a private licensed plumber to install the water meter or otherwise perform work to the water meter • required by the Municipality. Anv property owner reauestin~ this option mustdo so in writing to the Clerk-Administrator at least 48 hours prior to the scheduled installation or maintenance of the water meter. The private plumber must be duly licensed brior to performing any work on the water meter. After installation or maintenance of the water meter, the licensed private plumber must submit a report to the Municipality showing compliance with all applicable codes. In an emeraencv the Municipality may require immediate entry onto the property by Municipal desi ng ees. SECTION 2. The City Council of the City of Mounds View hereby amends Title 900, Section 907.06, Subd. 2 of the Mounds View Municipal Code by deleting the st3-i~1~ material and adding the underlined material as follows: Subd. 2. Disconnection: aefe~~ove~~~~04~y Anv person, firm or corporation having a roof, surface, ground, sump pump, footing, or air conditioning unit or system now connected and/or discharging into the sanitary sewer system shall disconnect and/or remove same by November 1. 2004. Any disconnects or openings in the sanitary sewer shall require a plumbing permit and must be closed or repaired in an effective manner as approved by the City Building Inspector. SECTION 3. The City Council of the City of Mounds View hereby amends Title 900, • Section 907.06, Subd. 3 of the Mounds View Municipal Code by deleting the ~ material and adding the underlined material as follows: 1 • Subd. 3. Inspection: Every person owning improved real estate that discharges into the City's sanitary sewer system shall allow for inspections of °'' °•N~'~<~°° „~ +t,° r;+<, ,.~ r,r°„~,1~ ~/;°.,, °« +,,°:« a°~;,.,,°+°a « ° „+.,+;.>°~,- ~ o-~lrsyect the building(s) located on said propertv to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. Said inspections may be conducted by emplovees or designated representatives of the Citv of Mounds View. or, if the propertv owner so chooses, by a licensed plumber hired by the nronertv owner. Any person refusing to allow their property to be inspected within fourteen (14) days of the date City employee(s) or their designated representative(s) are denied admittance to the property, must either hire a licensed plumber to inspect the nronertv and submit the licensed plumber's report within thirty (301 days of the date the Citv employee(s) or their desimated representative(sl were denied admittance to the property. or shall become subject to the surcharge hereinafter provided for. The Citv may also obtain an administrative search warrant in order to enter the ~ropertv to inspect any discharge into the sanitary sewer system and to determine compliance with this Code. Any owner of a property found to be discharging storm water into the City sewer system, either directly or indirectly shall make the necessary changes and furnish proof of the changes to the City within 60 days of the finding of noncompliance, unless such other time is agreed to by the Citv in order to comply with this Code +'~° n«,1;«,°,,,,° • SECTION 4. The City Council of the City of Mounds View hereby amends Title 900, Section 907.06, Subdivisions 5-7 of the Mounds View Municipal Code by deleting the semen language and adding the underlined material as follows: Subd. 5. ineenti~~~T-r~ler~--= .?-Tl~nxvci--vzrrcth(3is-t~-c'~riSpezp-°c~acir~ u~zc, v<v l~uul luv vrr izlcr<~' isppl y ° 1 Z:p -~lil ll~llltr =11eg~ ce~eEtie~~vc'-~h ° ~1°+;,,~ °,.:~;°a „a „1~,~,;+ T.,,...a«°a a°ll.,«~ ielnn nm ~ «+1,° „ ~1°+° ;,.1,\ TT,,°., . ,-;~;,.~+;,,,,~~+>~ EO=i-ectl~=e-ccct~6ir uixu-cv^~c.Tthl. r"-~rr+" -`w" lrrlrieli~i~t0 tl-2e-~6p e1~6'dk~e~-6i~e- +>^«°° >1„~,1«°a a„11°«n iQ~nn nm ,. „~+°il°+;,,~ TT,a,,«~«.°«+., ° ~~.y--vvv~l~rziluy, pet~ti6i~th('--~I~t6~c'lt +l,° ;11°.<°1 °„+;.,.. ,,.7 ~ +l,° ,, ,,°~ e~er~t~i~Ee~t fe~the-ee~eeti~~l;t-~~erzee-{-}year-per . T'';~ Surcharge: A surcharge of seventy five dollars ($75.00) per quarter shall be imposed and added to every sewer billing mailed on and after January 1, 2005 to property owners that are not in compliance with this Section. The surcharge shall be added for the entire quarter until the property is in • compliance. 2 Subd. 6 ~. Penalties: Any violation of this Section is a misdemeanor and is subject • to penalties provided for such violations under provision of Chapter 702 of this Code. SECTION 5. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on March 24, 2008. Second Reading and Adoption by the Mounds View City Council on April 14, 2008. Publication Date: Apri123, 2008. ~~ Rob Marty, Mayor Attest: J ~ ~. i Jim Ericson Clerk-Administrator (seal) 3 ~ ORDINANCE SUMMARY ORDINANCE NO. 803 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 900, CHAPTER 906 AND CHAPTER 907 OF THE MOUNDS VIEW CITY CODE BY ADDING LANGUAGE PERTAINING TO PRIVATE INSPECTIONS AND OTHER REQUIREMENTS OF THE WATER AND SANITARY SEWER SYSTEMS On April 14, 2008, the Mounds View City Council adopted an ordinance which revises the City Code Chapters 906 and 907 relating to the municipal water system and the municipal sanitary sewer system regarding water and sanitary sewer inspections and the ability of property owners to hire at their own expense a private licensed plumber to inspect the water meter, the meter reader system or inspect for proper sump pump discharge from the • home. The ordinance is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City's website, located at www.ci.mounds-view.mn.us. James Ericson, Interim Clerk-Administrator • 1 Mounds View City Council Apri114, 2008 Regular Meeting Page 4 Council Member Mueller asked when the fire marshal inspection will take place. Mr. Tulgren indicated that the inspection would take place once the sprinkler system is installed. Gary Stroden, with Fire Suppression, indicated that they inspected and submitted the paperwork to the City and the state will come out when the paperwork is ready. He then said that they hope to have the inspection completed, and be ready to open in May. The insurance agent indicated that he has insured these owners in other locations and there have been no issues as they are good neighbors. The Fire Marshal indicated that there were violations when the previous business closed, so those will be addressed before the Certificate of Occupancy is issued. Mayor Marty said that these owners seem to come prepared. Kevin Halverson outlined the violations and explained that they will be resolved. Mayor Marty asked if the hood in this kitchen area meets code requirements. The Fire Marshal indicated that she believes that it does, but said it will be verified. Mr. Halverson said that the bar that was in the cigar shop will be removed because there was no permit, and the Health Department wanted it removed. Council Member Mueller asked why the name is being left the same. The owners indicated that there is name recognition with it that they hope will help with marketing. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7258, a Resolution Authorizing an On-Sale Intoxicating Liquor License and Restaurant License located at 2400 County Road H2 for Kevin Halverson and David Tulgren (d.b.a. Robert's Sports Bar and Entertainment). Mayor Marty commended the new property owners for getting everything lined up and for bringing all the pertinent parties to the meeting to address Council. Ayes - 5 Nays - 0 Motion carried. C. Second Reading and Adoption of Ordinance 803, an Ordinance Amending Title 900, Chapter 906 and Chapter 907 of the Mounds View City Code by Adding Language Pertaining to Private Inspections and Other Revisions (ROLL CALL VOTE) Mayor Marty opened the public hearing at 7:37 p.m. • Clerk-Administrator Ericson noted that this Ordinance was drafted to help address some potential shortfalls in the code, regarding to right of access with sump pump inspection and reading Mounds View City Council April 14, 2008 Regular Meeting Page 5 meters. Clerk-Administrator Ericson indicated that two additional changes are being recommended and those are highlighted in yellow on Council copies. He then explained that right of entry has been amended to allow the resident to hire a private plumber for the inspection and his concern is that this could provide residents with the opportunity to circumvent the inspection process in other areas. Clerk-Administrator Ericson indicated that, after discussion with the City Attorney, Sections 2 and 6 have been recommended to be deleted to eliminate any potential issue with circumventing the inspection process, and the remaining revisions will allow a legal foundation to enter properties, or provide property owners with another mechanism to provide for inspection of the sump pump connection. Hearing no public comments, Mayor Marty closed the public hearing at 7:41 p.m. Council Member Stigney said that taking out the right to request a licensed contractor would concern him. Clerk-Administrator Ericson noted that the right to do so is listed in another section. Council Member Flaherty noted that the latest round of inspections was well received, as the inspectors were in Mounds View vehicles and appeared very professional. • MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Adopt Ordinance 803, an Ordinance Amending Title 900, Chapter 906 and Chapter 907 of the Mounds View City Code by Adding Language Pertaining to Private Inspections and Other Revisions. Mayor Marty said that he has been getting calls from citizens who have had the old water meter with estimated charges, and they have taken issue with estimates, so it will resolve this issue to get this taken care of as soon as possible. ROLL CALL: Stigney/Hull/Flaherty/Mueller/Many. Ayes - 5 Nays - 0 Motion carried. D. Resolution 7256, Consideration of Denial of a Rezoning and Final Plat for the Knollwood Place Townhome Development on County Highway 10 E. Planner Heller explained that in 2006 this request was started, and the proposal was to rezone three properties, do a major subdivision, and a development review fora 19 unit townhome development. Integra Homes owns the properties and presented the proposals. The first reading was approved in 2006 and Council was waiting for final plat before moving forward with a second reading. The development review and major subdivision came before Council in December of 2006. May of 2007 was the six month timeframe and some information was received but not enough to consider the application complete. State off 1Vginnesota ~ SS Coeanty o~ Raansey WES COHEN ,being duly sworn, on oath, says that • ., he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as_~F.W RRTCTHTnN RI1T,T,F.TTN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 803 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for T successive weeks; it was first published on WEDNESDAY ,the 23RD day of APRIL 20 08 ,and was thereafter printed and published on every to and including ,the day of , 20 ;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: `ABCDEFGHIJKLMNOPORSTUVWXYZ `ABCDEFGHIJKLMNOPORSTUVWXYZ 'abcdefg hijklmnopq rstuvwxyz Subscribed and sworn to before me on RD this 23 day of APRIL 20 08 Notary Public *Alphabet should be in the same size and kind of type as the notice. ~~ TO~YA R. V9dFI~TEHEAD Peotary Public-Minnesota RATE INFORMATION a~ My Commission Expires Jan 31, ~^01^ ~I1m'//~'. MWWVVY (1) Lowest classified rate paid by commercial users for comparable space ....................................... (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter BY: tLci' TITLE ACCOUNTING CONTROLLER 1 /08 $24.00 per col. inch ........... $23.25 per col. inch $ per col. inch • • • • Mounds View pRDINANCE SUMMARY OtA#ME'NOa s~ CITY OF MOUNQ6 MEW COUNTY OF RAMSEY STATE OF JdMINESOTA AN ORDIIdAHCf AMEHDINt3 TfTLE gg0, CHAPTER 006 AND CHAP"l1.R 907 OF THE MOUNDS VIEW'CiTY CODE$Y ADOMGI LANGUAGE PERTAiNMIfa TO PRIVATE INSPECTIONS AND OTHCR REGIUIREMENTB OF THE WATER AND. gA~TppY BSWER 9;YSTEINS pn April 14, 2008; the rNounds mew City :Council adopted an ordinance which revises the Ciiy Code Chapters 906 and 907 relating to the municipal water system and the municipal sanitary sewer system regarding water. and sanitary ~ sewer inspections and the ability of property owners to hire.at their own expense a private licensed plumber to inspect the water •meter, the meter reader system or ,inspect .for proper sump pump discharge from the home. The ordinance is on file and available for public viewing at the office of the ClerKiAdministrator. The ordinance is posted in its. entirety on ttie Olty'~ website, located at.. fppKlp(,,G!,•mounds- view.mn.us. • /s/ James Ericson, Interim Clerk-Adtninfatratiu (Bulletin: Apr. 23, 2008) • C1 • Mounds View 1 ~_~ ORDINANCE SUMMARY ORDINANCE NO. 803 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 900, CHAPTER 906 AND CHAPTER .907 OF THE MOUNDS VIEW CITY CODE BY ADDING LANGUAGE PERTAINING TO PRIVATE INSPECTIONS AND OTHER REQUIREMENTS OF THE WATER ; AND SANITARY SEWER SYSTEMS On April 14, 2008, the Mounds View City Council adopted an ordinance which revises the City Code Chapters 806 and 907 relating to the municipal water system and the municipal sanitary' sewer system regarding water and sanitary sewer inspections and the ability of property owners to hire at their own expense a private licensed plumber to inspect the water meter, the meter reader system or inspect for proper sump pump discharge trom the home. The ordinance is on file and available for public viewing at the office of the Clerk :Administrator. The ordinance is posted in its entirety on the City's website, located at www ci mounds_ view mn.us. /s/ James Ericson, Interim Clerk-Administrator (Butletin: Apr. 23, 2008) C.