HomeMy WebLinkAboutOrdinance 955ORDINANCE NO. 955
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 900, CHAPTERS 906 AND 909 OF THE MOUNDS
VIEW CITY CODE RELATING TO PUBLIC WAYS AND PROPERTY
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 900, Chapter
906, Section 906.01 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the striekei} material as follows:
906.01: CONNECTION REQUIRED; EXCEPTIONS:
Subd. 1. Connection Required:
a. Existing Buildings: Any existing building designed for human habitation or in which
plumbing facilities have been installed to provide domestic water for human consumption
shall be connected to the Municipal water system if the Municipal water system is available
to the building. Existing budding, have until September- 15, , nm
Seetien.
b. New Buildings: All new buildings consort acted in Mounds View designed for human
habitation or occupancy shall be connected to the Municipal water system for provision of
domestic water supply.
Subd. 2. Exceptions; Regulatory Provisions:
a. Exceptions: Any existing building which is required to connect to the Municipal
water system under Subdivision 1 hereof but which does not have access to a Municipal
water main adjacent to the property on which such building is built shall not be required to
connect to the Municipal water system until such time as a Municipal water main is
constructed adjacent to such property.
b. Testing Required; Water Quality: The owner of any property exempted under
Subdivision 2a above shall be required to submit eepies of,.,.,.t:red `est results to the City
shewtng sample and test the well serving the property to have ensure that it has coliform
organisms (mpn) of less than one and one-tenth (1.1) per one hundred (100) ml and to have
less than one one-hundredth (0.01) mg/liter-of nitrate nitrogen. Testing shall be required
once each year, during the month of June. and performed by a qualified testing company.
Owner of property where test results do not meet the above requirements shall notify the
Building Official within 72 hours of discovery.
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C. Treatment Equipment: Any well which cannot meet the requirements listed in
Subdivision 2b above shall be required to have equipment attached which is capable of
reducing the contaminants listed to acceptable levels for all faucets used for human
consumption. This equipment may be a central unit or separate units located at each faucet
used for consumption. Copies of equipment specifications and certified test of the units
shall be submitted to the City Building Official for approval.
SECTION 2. The City Council of the City of Mounds View hereby amends Title 900, Chapter
906, Section 906.02 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the stricken material as follows:
906.02: APPLICATION FOR CONNECTION; FEES:
Subd. 1. Application for Connection: No person shall make any type of connection to the
Municipal water system, except upon making an application therefor on a form provided
by the Municipality and receiving a permit issued by the Municipality for such purposes.
The application shall include the legal description of the property to be served, the uses for
which the connection is requested, and the size- type, and alignment of the service line to
be used. and any other pertinent data, as requested by the Building Official. The person
might also have to make application for a right-of-way permit if any work is located within
the public right-of-way.
Subd. 2. Implied Consent: Every person applying for water service and every owner of
property for which any such application is made shall be deemed, upon making such
application, to consent to all rules, regulations and rates set forth in this Chapter and such
further rules, regulations and rates as may thereafter be set forth and adopted by the Council
pursuant to resolution or ordinance.
Subd._
•
surer the following fees for the following ptuposes:
a --No connection shall be made to the Municipal water system by any person until that
person has paid their full and proportioii-ate—share of said system, which share shall be
payable as follows:
(1) For service to property to which service lines have not been previously run from
the street laterals to the property line, the user shall supply obtain a corporate shut-
off and curb stop of a type appro=:ed bythe Munieipal4y from the Director of Public
Works/City Engineer, or its designee upon payment of the associated fees and costs.
(2) For service to property to which service lines have been roreviously run to the
property line but which have not been paid for, the user shall pay in cash or agree to
pay charges in the form of special assessments to be levied against the property to be
spread over a number of years coincident with the maturity requirements of any
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special improvement bonds sold for the purpose of financing the construction of the
Municipal water system serving the property. Said cash payment or assessment
charge shall be in the principal amount of not less than the payments made by or
charges placed against comparable properties for like services in an amount as may
be established by the Council. Payment to the Treasury in the form of a special
assessment charge shall be in the form of equal annual installments together with
interest on the unpaid balance, from year to year, which interest shall be computed at
a rate specified by the Council.
SECTION 3. The City Council of the City of Mounds View hereby amends Title 900, Chapter
906, Section 906.03 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the str-isken material as follows:
906.03: �CONNECTION CONSTRUCTION REQUIREMENTS:
Subd. 1. Performance of Work: All connections to the Municipal water system shall be
performed by a plumber licensed to do plumbing in the Municipality or by a roiroelayer
licensed to perform utility site installation in the Municipality; except, that nothing in this
Chapter shall be construed as to prohibit an individual owner from obtaining a permit and
installing such connection from the rororoertv line to the building by their own labor;
provided, however, that said construction is conducted under the regulations of this Chapter
and requirements of the Director of Public Works/City Engineer and Building Inspeao
Official.
Subd. 2. Excavations}:
a. No ^'F� or o'thor- excavation shall be undertaken except by permission of the
Municipality and in accordance with the Chanter 910 of the Mounds View Citv Code.
b. All service line installation work or repair or connections to the Municipal water
system, including grades, bends and backfilling, shall be performed tinder the direetion
supervision of the Building inspe *^r to the requirements and satisfaction of the Director
of Public Works/City Engineer, or its designee. No work shall be covered or backfilled
until direeted annroved by said l specto the Director of Public Works/Gifu Engineer. or
its designee.
C. All work and excavating activities shall be protected by barricades, and warning
markers and lights and other traffic control devices reasonable and suitable to the purpose
of protecting public safety.
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d. The Municipality and its employees shall be held harmless for any claim or loss as
might otherwise arise for damage, loss or injury caused by or arising by reason of such
work being performed.
Subd. 3. Construction of Connections: Before proceeding with the construction, enlargement,
alteration or repair of any water line connecting the Municipal water system to any house
or building, the owner or an agent shall fulfill the following requirements:
a. Obtain from the Municipality a water connection permit, the fee for which shall be
established by resolution of the City Council. The I3xilding-Insp€eter Director of Public
Works/City Engineer_, or its designeeshall examine all applications for water connections
before construction.
b. Whenever a new water connections constructed, the owner shall pay to the
Municipality a trunk, source and storage contribution as established, from time to time, by
resolution of the City Council. Such contributions shall be reserved solely for the purpose
of funding construction, replacement, modification or major maintenance of water trunk
lines, wells, towers or reservoirs and the debt service thereon as specifically authorized by
the City Council.
Subd. 4. Requirements: There shall be installed in every connection to the Municipal water
system one (1) stop and waste valve which shall be installed at ^ point between the ew-b
step and on both sides of the water meter so that the water may be turned off and the meter
and house plumbing entirely drained. There shall be installed another stop and waste eee
in the Y:Ye aft the house side of the mete-. All service pipes connected to the Municipal
system shall meet material and installation standards set forth by the Director of Public
Works/City Engineer and Building Official e of a Type v (313) eapp^ . tube and 3D fittings
a minimum of thfee fourths ineh (3/1 ") inside the diameter of its approved eqUal Effid shall
b laid t a depth t less than siX and five..
t^ths F of (6.5') belestablished gra
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1,
or
as to s the street mains.
Subd. 5. Final Inspection: After the construction, enlargement or alteration is complete, the
Building insp Director of Public Works/City Engineer, or its designee, shall be
notified for the final inspection. It shall be unlawful to cover any connecting line until an
inspection has been made and such connection and the work incident thereto has been
approved by the Municipality.
SECTION 4. The City Council of the City of Mounds View hereby amends Title 900, Chapter
906, Section 906.04 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the str-icken material as follows:
906.04: WATER METERS:
Subd. 1. Water Meter Installation; Responsibility for Costs: Before any water conveyed
through the Municipal water system shall be used or utilized on the land or premises e€,any
Manieipal t -by any person, there shall first be installed a water meter with remote
5546580 DTA MU210-54 4
reader that will accurately measure the water consumed on the premises, except and unless
such installation shall, be exempt by the Municipality. The applicant for a new water
service shall pay to the Municipality, at the time of the application, the amount to be
established by resolution of the City CounciLequal to the cost of a water meter with remote
reader.
Subd. 2. Installation Specifications:
a. All water meters and remote readers installed in residences under the provisions of
this Chapter shall be five eighth i eh (5/8ths") in sh% and shahl b purchased from the
Municipality inthe size and tune approved by the Director of Public Works/Gifu Engineer,
or its designee. All commercial and industrial meters shall be furnished by the owners of
said properties and shall be of a type approved by the 1� ieipality Director of Public
Works/City Engineer, or its designee.
b. All water meters shall hereafter be installed at the point the water service enters the
structure and, if possible, this location shall be next to a floor drain. All remote readers
shall be installed on the exterior of the structure at a point approved by the Building
inspesteDirector of Public Works/City Engineer, or its designee.
C. Every water meter hereafter installed shall be sealed by or under the direction of the
Cit.�tr-ater Director of Public Works/City Engineer, or its designee, and no person
shall break or remove such seal; provided, however, that a plumber licensed by the
Municipality may break such seal or remove such meter for necessary repairs.
d. All water meters hereafter installed shall be accessible to the City A dfni ist ater ^r- ,
designee Director of Public Works/City Engineer, or its 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. Any property owner requesting this option must do so in writing to the Qty
A a...inist..,ater or a designee Director of Public Works/City Engineer, or its designeeat
least forty eight (48) hours prior to the scheduled installation or maintenance of the water
meter. The private plumber must be dul) licensed prior 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 emergency the Municipality may require immediate entry onto the property
by Municipal designees employees or agents.
Subd. 3. Testing and Repairs:
a. All applications for the maintenance and repair of water meters shall be made to the
City A a..,inistr to f or ,, designee Director of Public Works/City Engineer, or its designee.
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b. Said meters shall be tested and repaired, from time to time, as is necessary to insure
accurate measuring of the flow of water; except, that whenever a meter has been damaged
due to negligence on the part of persons other than the Municipal employees of the City
Water Department, the owner, occupant or user of the premises or such other persons
desiring the use of the water shall reimburse the `4 t-� Municiroality for the
expense of testin repairing, or rerolacing any such meter na r t' t ° testing .;
tet_. _,,,,,gain g five eighths ifte (518"` in .._z_. Upon failure to reimburse the
Municipality within a reasonable time and upon demand therefor, the water service and
supply to said premises may be shut off or discontinued as determined to be in the best
interest of the Municipality.
C. In all cases where a seal is broken or a meter is removed by a licensed plumber, such
plumber shall notify the City "matte- Director of Public Works/City Engineer, or its
designee, of the fact within twenty four (24) hours after the seal is broken or the meter is
removed. Whenever any seal attached to a water meter by or under the direction of the
Gity Aa.,,inistrato Director of Public Works/City Engineer is found broken, the broken
condition of such seal shall be prima facie evidence that such seal was broken contrary to
the terms and provisions and in violation of this Chapter.
i
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a.
NO
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Subd. -54. Tampering with Meter Prohibited: It shall be unlawful for any person to tamper with,
by-pass or in any manner whatsoever interfere with the proper use and functioning of any
water meter within the Municipality.
Subd. 65. Meter Testing on Request of Owner; Fees: Whenever a water user questions the
accuracy of a meter not exceeding five-eighths inch (5/8ths") in size and desires that the
meter be tested, they shall pay a fee, as established and contained in the city's fee schedule,
of twenty a..e dollars ($25.00) if the meter tests accurately within a range of minus three
percent to plus one and one-half percent (-3% - +1-1/2%). The testing of water meters
exceeding five-eighths inch (5/8ths") in size shall be regulated by Subdivision 3b hereof.
If it is not accurate within this range, no charge will be made for testing, and an adjustment
on the water bill will be made for testing and an adjustment on the water bill will be made
for the period of time that the meter is assumed to be inaccurate as determined by the
Municipality.
SECTION 5. The City Council of the City of Mounds View hereby amends Title 900, Chapter
906, Section 906.06 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the str-iekea material as follows:
906.06: LEAK IN SERVICE LINE:
Subd 1 After the initial connection has been made to the water main the owner occuroant or
other user of such premises shall be liable for, but the City may perform, in its sole
discretion and subject to the receipt of permission and a richt of entry agreement, excerot
in cases of emergency affecting the public health, safety and welfare, all leak -associated
=airs between the water main and the structure located on the premises. It shall be in the
sole discretion of the City to reroair or replace the leaking water service line. The City may.
in its sole discretion and subject to the receipt of permission and any right of entry
agreement, except in cases of emergency affecting the public health, safety and welfare,
also repair or replacement of any broken, leaking or malfunctioning curb stop boxes. Sajd
requirements and opt -out provisions therein. This service shall be provided to all single
family. duplexes, triplexes, fourplexes, and townhouses. Large apartment complexes and
commercial properties are not included in this policy. For any repairs performed by the
City, the City shall not be responsible for the restoration of the excavation site, including,
but not limited to seeding or placement of sod, trees, shrubs, flowers, underground
irrigation or any other improvements not specifically mentioned herein which may be
disturbed, destroyed or removed during the repair or replacement of the water service. The
Municipality shall provide, in its sole discretion, only the initial repair or replacement of
any impervious surface, should it be necessary in the performance of the repajr of a leak or
break of the property's service. Responsibility for maintenance and protection of the curb
stop box shall be that of the owner, occupant or other user of the premises, and it shall be
554658v3 DTA MU210-54 7
the responsibility of said party to maintain the curb stop box at such height as will ensure
that it will remain above the finished grade of the land or property. Nothing herein shall
prevent the Municipality from recovering the cost of repairs from the owner, occupant, or
other user of such premises or any other party in the event it can be established that said
parties were the cause of the damages requiring the repairs
Subd. 2. Any owner, occupant or user of a premises who shall discover a leak in a service line
to the premises shall notify the Municipality -within twenty four (24) hours. Any water
wasted due to failure of such person to comply with this regulation shallmay be estimated
by the City Administrator, or its designee, and be charged for against the user at such
premises at the established rate.
SECTION 6. The City Council of the City of Mounds View hereby amends Title 900, Chapter
909, Section 909.06 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the stricken material as follows:
909.06: SPECIAL ACTIVITIES:
Subd, 1. Swimming:
a. No person may bathe, wade or swim in any open space waters or at any Mounds View
beach except in such areas specifically designated for such use, and only at such times
when a "beach open" sign is posted and an authorized lifeguard is on duty.
b. No person may bathe, wade or swim at any beach except when dressed in bathing
attire which is seeially aeceptable and conducive to water safety.
C. No person may use at any beach any inner tube, water wings, raft, U.S. Coast Guard -
approved life jackets when properly attached or other inflatable or buoyant object except
if parents or a guardian adult is in the water with the child and is within arms reach.
d. No person may possess, carry onto or scatter on any beach, any glass container,
broken glass, metal can, or other debris which could be a safety hazard.
e. No person having custody of any animal may permit the animal to enter any beach
area during the swimming season so established by the Director.
f. No person may launch, dock or operate any watercraft in any designated swimming
area.
g. No person may violate rules of Lakeside Park.
Subd. 2. Bicycling:
a. No person may ride or operate a bicycle in any open space site except on designated
bikeways or surfaces normally provided for vehicular traffic.
5546580 DTA NM210-54
b. Noperson opJ r fie , rate >,ieyele : ,.1.,t:..., ,.s� chapter 169 r, itmeset
Statutes. Persons riding a bicycle must observe and obey all traffic and directional signs.
C. No person may ride or operate a bicycle in any open space site except in a prudent
and careful manner, and unless such person shall be capable of effective control and
operation of said vehicle. Pedestrians and motorized vehicles shall have the right of way
where a bikeway intersects pedestrian trails or roadways.
d. No person may ride or operate a bicycle in any open space site faster than is
reasonable and safe, with regard to the safety of the operator and other persons in the
immediate area.
e. No person may ride or operate a bicycle in any open space site thirty (30) minutes
after sunset and thirty (30) minutes before sunrise without appropriate front and rear
lighting.
f All bicycle riders must remain in single file and proceed in the extreme right hand
lane of a drive or bikeway at all times except when passing another vehicle or bicyclist
parked or traveling in the same direction.
g. Bicycles must be parked in locations, wherever provided, set aside specifically for
their storage.
OW30HT..'rWW .
554658v3 DTA MU210-54
Subd. 43. Boating:
a. No person may on any lake, pond or sAream within the City use any mechanically
propelled watercraft unless being used for emergency rescue or the maintenance of the
lake, pond or stream.
b. No person may operate any watercraft on any open space waters contrary to or in
violation of State law.
C. No person may operate, row or paddle a boat, canoe or other watercraft on any open
space waters unless able to handle the same with safety to themselves, other occupants, or
in such manner as not to annoy or endanger the occupants of other boats.
d. No person may leave any watercraft unattended except in areas specifically
designated for mooring, anchoring or beaching.
e. No person may operate watercraft within an area which has been designated as a
swimming area.
f. No person may drop or throw from any watercraft garbage, litter or other debris.
g. All watercraft launched from a system facility or operating on open space waters must
have a Coast Guard -approved life preserver for each occupant.
h. No person may operate any watercraft in a careless or reckless manner.
Subd. 34. Motorized Recreation Vehicle:
a. No person shall operate a motorized recreation vehicle within any open space site
except in such areas specifically designated for such use.
b. No person may operate a nonlicensed vehicle on any parkway or other roadway
within an open space site.
C. No person may place any vehicle for sale or exchange on park property.
d. No person may wash, grease, repair, change oil or maintain in any way a vehicle
except as necessary in an emergency.
Subd. 65. Camping: No person may establish or maintain any camp or other temporary lodging
or sleeping place in any open space site.
5546580 DTA MU210-54 to
SECTION 7. The City Council of the City of Mounds View hereby amends Title 900, Chapter
909, Section 909.07, subdivision 10 of the Mounds View Municipal Code by deleting the striek
material as follows:
Subd. 10. Loitering:
h No person may lurk or loiter in or around any toilet facility or other system structure except
to use such facility for the purpose of which it is intended.
SECTION 8. In accordance with Section 3.07 of the City Charter, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On March 11, 2019, the City Council adopted Ordinance 95 -5 -that amends Title 900,
Chapters 906 and 909 of the Mounds View City Code. The purpose of the amendment was
to modify certain city regulations related to public ways and property, including parks and
the municipal water system, remove outdated and unnecessary code language, and update
the code to conform to current practices.
A printed copy of the ordinance is available for inspection during regular business hours at
Mounds View City Hall and is available on line at the City's web site located at
www.moundsviewmn.org.
SECTION 9. 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 February 25, 2019.
Second Reading and Adoption by the Mounds View City Council on March 11, 2019.
Publication Date: march 1,0 2019.
Attest:
(SEAL),\
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dive
Carol A. Mueller, Mayor
44 U -
Nyle Marl
Ci Administrator