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HomeMy WebLinkAboutOrdinance 976ORDINANCE NO.976 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE ADOPTING THE RECODIFICATION OF THE MOUNDS VIEW MUNICIPAL CODE AND UPDATING THE CITY'S 2021 FEE SCHEDULE THE CITY OF MOUNDS VIEW ORDAINS: ARTICLE I. Authority. Minnesota Statutes, sections 415.02, 415.021, and 599.13 (collectively the "Act") and the Mounds View City Charter, section 3.04 et seq. authorize the City of Mounds View (the "City") to adopt and codify ordinances. The Act also provides that any ordinance included in a new city code, but not previously published, is sufficiently published if a substantial quantity of the code is printed for general distribution to the public. ARTICLE II. Background. At the direction of the Mounds View City Council, City staff and consultants undertook an extensive process to review and update the Mounds View City Code with the understanding that once all the amendments were finalized, they would be incorporated into a new code book, which would be reformatted and readopted as a single unified Mounds View City Code. The general purpose of the recodification is not to implement or incorporate substantive revisions to local laws and policies, but rather to remove outdated and unnecessary code language, reformat the code, update staff titles, and modernize the code to conform to current City practices and state law, as necessary. There were, however, a limited number of substantive amendments that were made due to staff s determination that such amendments were warranted and it was most efficient to accomplish said amendments during this process. The updated code has been prepared and it is the intent of this ordinance to adopt said recodification, which is entitled The Mounds View Municipal Code (the "Code"). Because it incorporates a small amount of changes to the City's current zoning ordinance, the planning commission has reviewed and provided a recommendation, pursuant to state and local law, and the City Council held a duly noticed public hearing regarding such changes on June 28, 2021. A complete copy of the Code has been presented to the City Council and the public together with this ordinance and is further on file with the City Clerk and available on the City's website. Additionally, a separate document summarizing the changes that were made to the previous code has also been made available to the City Council and the public with this ordinance and is further on file with the City Clerk and the City's website. ARTICLE III. Adoption. Pursuant to the City's authority contained in the Act and in the Mounds View City Charter, the Code is hereby adopted. ARTICLE IV. Cam. The City Clerk is authorized and directed to prepare sufficient copies of the Code for use by the City Council and City staff and for general distribution to the public in accordance with any City policies regarding the distribution and availability of City documents. The City Clerk shall also keep an official copy of the Code in the office of the City Clerk and ensure that a copy is available online or otherwise through the City's website. MU210-54-693801.v1 ARTICLE V. Effect. The Code shall be controlling and shall supersede and replace previously adopted ordinances pertaining to the same subjects contained within the Code, which are hereby repealed as of the effective date of this ordinance. Such repeal shall not affect: (i) any offense committed, penalty incurred, or process initiated or understaken under the previous code; (ii) any rights vested prior to the effective date of this ordinance; or (iii) the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use; or vacating or setting the boundaries of streets or other public places. Furthermore, nothing in this ordinance or the Code is to be construed to modify, abrogate or abridge: (i) the rights, duties, liabilities, privileges or immunities of the City; (ii) the qualifications or terms of office of City officers as they existed prior to adoption; or (iii) any special ordinance or franchise not embodied in the Code. The Code is declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by Minnesota Statutes by the courts of the State of Minnesota. ARTICLE VI. General Penalty. Unless another penalty is expressly provided in the Code, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof may be punished for a misdemeanor violation, as defined in state law, and with a fine and/or incarceration up to the maximum permitted or required by law. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided herein, unless another penalty is expressly provided in the Code, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City Council may pursue other remedies, including without limitation, abatement of nuisances, injunctive relief and revocation of licenses or permits. ARTICLE VII. Amendments. Additions or amendments to the Code when passed in such form as to indicate the intention of the City Council to make the same part of the Code shall be deemed to be incorporated in the Code in so that reference to the Mounds View Municipal Code includes such additions and amendments. ARTICLE VIII. Corrections. Given the size of this project and refinements made as part of the Code, the City Council recognizes the Code may contain certain errors, such as cross-references to changed subsections, typographical errors, and other non -substantive matters that may be discovered once the Code is placed into use. The City Council hereby authorizes the City Clerk to work with city consultants, as necessary, to make any non -substantive corrections to the Code as may be needed upon discovery. Such corrected provisions shall be incorporated in and made part of the official Mounds View Municipal Code without further action by the City Council. ARTICLE IX. Updated Fee Schedule. As part of the recodification contemplated herein, City staff also reviewed various fees that were previously expressed within the code. References to such fees were replaced with reference to the City of Mounds View's Fee Schedule, which shall hereby be amended by adding the fees contained on the attached Exhibit A. ARTICLE X. Summary Publication. In accordance with the Mounds View City Charter, section 2 MU210-54-693801.v1 3.07, the City Council determines that publication of the title and a summary of this ordinance would clearly inform the public of its intent and effect, and so City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: ORDINANCE NO. 976 AN ORDINANCE ADOPTING THE RECODIFICATION OF THE MOUNDS VIEW MUNICIPAL CODE AND UPDATING THE CITY'S 2021 FEE SCHEDULE On July 12, 2021, the Mounds View City Council adopted Ordinance No. 976 which approves and adopts a recodification of the City's ordinances. City staff and consultants undertook an extensive process to review and update the Mounds View Municipal Code so that the City's ordinances could be incorporated into a new code book, which was reformatted as a single unified Mounds View Municipal Code. The general purpose of the recodification was to remove outdated and unnecessary code language, reformat the code, update staff titles, and modernize the code to conform to current City practices and state law, as necessary. Additionally, a limited number of substantive revisions were made, which can be summarized as follows: (i) the previous chapter establishing the Mounds View Festivities Commission was repealed; (ii) a new subsection establishing a prohibition on unsafe water connections was added; (iii) the peddlers and solicitors chapter was amended to clarify that persons engaging in door-to-door advocacy are not required to obtain a permit or register with the city as a solicitor; (iv) the curfew chapter was amended to include certain exceptions and impose responsibilities on parents, guardians, and operators of places of amusement, entertainment, or refreshment; (v) section 1103.10 of the previous code related to smoke, dust, and odors was revised to reference the requirements in Minnesota Rules Chapters 7001 through 7028, as amended; (vi) section 1103.11 of the previous code related to noise was revised by replacing the reference to Minnesota's NPC 1-4 Regulations with a reference to the requirements in Minnesota Rules Chapter 7030, as amended; (vii) the 120-square-foot threshold in section 1106.03, subd. 1(b) of the previous code related to accessory building separation requirements in the R-1 district was modified to a 200-square-foot threshold; (viii) the one -person threshold for boarding or renting of rooms as an allowed accessory use in the R-1 district, contained in section 1106.03, subd. 6 of the previous code, was increased to a two -person threshold; (x) the illustrations related to accessory dwelling units in the R-1 district, contained in sections 1106.03 and 1106.04 of the previous code, were replaced with revised illustrations; (xi) a definition for the term "limiting access" was established in the city's fire regulations; and (xii) the city's special ordinance tables were updated to include all such special ordinances. Prior to adoption, a complete copy of the new Mounds View Municipal Code and a separate document summarizing all amendments to the previous code was presented to the City Council and the public and was further on file with the City Clerk and made available for viewing on the City's website. Printed copies of the new Mounds View Municipal Code, as adopted by Ordinance No. 976, are available for inspection and general distribution to the public during regular business hours at Mounds View City Hall. It can also be viewed online through the City's website: www.moundsviewmn.org. 3 MU210-54-693801.v 1 ARTICLE XI. Effective Date. This ordinance and the Code, as presented to the City Council and the public and made available for inspection in accordance with law, 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 (the "Effective Date"). Ordinances adopted after the Effective Date that amend or refer to the Code shall be construed as if they amend or refer to like provisions of said Code. Introduction and First Reading by the Mounds View City Council on June 28, 2021. Second Reading and Adoption by the Mounds View City Council on July 12, 2021. Publication Date: �1�lC�LLs� 3'�d , 2021. Attest: (SEAL) A646 Zi4 G Z&6--- Carol A. Mueller Mayor Nyle , ikmu d City Administrator 4 MU210-54-693801.v 1 EXHIBIT A FEES TO BE ADDED TO THE 2021 FEE SCHEDULE 1. Maintenance -related fire service for property owners: $250 per occurrence 2. Appeal of public improvements bond: $250 (MN State Statutes 429.036) 3. Lawful gambling premises permit investigation fee: $100 4. Pawnbrokers — failure to provide daily report to law enforcement: $50/day 5. Adult establishment annual license fee: $2,500 6. Adult establishment investigation fee: $500 per person identified on the application as an owner, operator or manager. If it appears that the investigative costs will exceed $500, the City Administrator shall notify the applicant and give the applicant an estimate of costs. The applicant either shall make an additional deposit equal to the difference between $500 and the total estimate or may withdraw the application. 7. Providing an ignition device to or in the possession of a minor: not less than $50 but no more than $200 5 MU210-54-693801.v 1