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HomeMy WebLinkAboutAgenda Packets - 1985/10/28085 CITY C00Nr1L MEETING CITY OF MOUNDS VIEW OCTOBER 28, 1985 7:00 P.M. A t, t. N U A 1. Call to order 2. F'C'- C y^ 3. Roll Call - HAake, Blanchard, Quick, Hankner, Linke 4. Approval of Minutes: October 14, 1985 Regular Meeting (RelelVed in 1U L1-85 packet) 5. Residents Requests and Comments From The Floor -------------------------------------------------------- CITIZENS: BEFORE SPEAKING PLEASE GIVE. YOUR FULL NAME AND ADDRESS FOR THE MINUTES ---- ------------------------------- 6. Approval of Consent Agenda ITEM A. Reschedule November 11, 1985 Council Meeting to Nnvember 12, 1985 ITEM B. Schedule Executive Session Regarding Airport Lawsuit for 6:15 p.m. on Nnvember 12, 1985 ITEM C. Increase Layne Minnesota Company's Contract with the City for Maintcnance Work on Well 14 By $3,777 ITEM D. Approve Second Payment to Layne Nin,iesoca in the Amount of $15,137 ITEM F. Approve Letter to Senator Steve Novak Regarding Minnesota State Statute Chapter 163.11 - Establishment, Alteration, Vacation, and Revocation (of County Roads) ITEM F. Approve Letter tc Commissioner Orth Rescinding Stop Sign Request for the Intersection of Ardan Avenue and Sprang Lake Road ITEM G. Approving Using the State of Mi•,nesota's Electrical Inspector's Services to Conduct Electrical Inspections in the City Commencing November 1, 1985 ITEM H. Approve Robert H. Clauson as the State's Electrical Inspector for the City AGENUA OC T0BER 26, 1985 PAGE TWO ITEM I. Consideration and Approval of Resolution No. 1946 Commending Bob Edmond for 27 Years of Service to the City of Mounds View TTcr .7, Approve Title Change from Program Supervisor to kerreation/Athletic Supervisor for Mary Saarion ITEM K. Approve Resolution 1945 Approving Just and Correct Claims Against City Funds ITEM L. Licenses fur AppLuval Garbage Haulers - Expires 3/31/86 Gallagher's Service, Inc. - New General -__Expires 6/30_16 W. P. Hauer Construction - New Elview Construction, Inc. - New Korco, Inc. - New Stenco Construction - New 7. Remove Resolution No. 1941 from Table 8. Consideration of Resolution No. 1941 Resolution Disapproving An Increase In Basic Cable Television Service Rates 3y Group W Cable of The North Suburbs, Inc. 9. Consideration of Sta.f Memorandum Regarding the ?urchase of Turf Mowing Equipment 10. Report of Public Works/Community Cevelopment Director 11. Report of Attorney 12. Repot of Courcilr,iembers: 13. Report of Administratcr 14. Adjournment Haake, Blanchard, Quick, Hankner, Linke 09 • 0 CUNSENT AGENDA UCPUBER 28, 19H5 The Consent Agenda is a technique designed to expedite hwndlino of routine and miscellaneous otfi.cial business of the City Council. The entire agenda may Do adopted by Li,c Council in one motion. The motion for adoption is non - debatable and must receive u:,animous approval. By request of any individual Councilmember, an item can be removed from the Consent Agenda and placed upon the Regular Agenda for debate. ITEM A. Reschedule November 11, 1985 Council Meeting to November 12, 1985 ITEM B. Schedule Executive Session Regarding Airport Lawsuit for 6:15 p.m. on November. 12, 1985 ITEM C. Increase Layne Minnesota Company's Contract with the City for Maintenance Work on Well 11 By $3,777 ITEM D. Approve Second Payment to Layne Minnesota in the Amount of $15,737 IrF.M E. Approve Letter to Senator Steve Novak Regarding Minnesota State Statute Chapter 163.11 - Establishment, Alteration, Vacation, and Ravocat,on lo: County Roads) ITEM F. Approve Let Dar to CommisEioner Urth Rescinding Stop Sign Request for the Intersection of Arlan Avenue ar.d Spring Lake Road ITEM G. Agprovinq Using the State of Minnesota's Electrical Inspector's Servlces to Conduct Electrical Inspections in tfie City Commencing November 1, 1985 ITEM H. Approve Robert H. Clauson as the Stdte's Electrical Inspector for the City CONSENT AGENDA OCTUBER 28, 198t) PAGE '1'WU :TEN I. Considard a on and Approval of Resolution No. 191E Comnwnding bob Edmond for 17 years of Service to the City of Mounds View ITEM J. Approve Title mange iro:n Proyram Supervisor to Recreation/Athletic Supervisor for Mary Saarion ITEM K. Apprcve Resolution 1945 Approving Just and Correct Claims Against City Funds :TEN L. Licenses for Approval Garbage Haulers - Expires 3/31/86 Gallagher'% Service, Inc. - New General - Expires 6/30/86 W. F. Bauer Construction - New Elview Construction, Inc. - New Korco, Inc. - New Stenco Construction - New 0 n III I II Lit t MouodgWQW October 23, 1985 RE: Minnesota State Statute Chapter 163,11 - Establishment, Alteration, vacat:-n, Revocation (of County Roadai Senator Steve Novak 203 statu Capitol St. Paul, Minnesota 55155 Dear Senator Novak: ,ICY/I�CVVwTs 4:., M1 M1• J 101 HIVMN�. la YuuMa�v�IN Yibb N117 �KaM/ Ramsey County has discussed turning the responsibility for maintenance, repair, etc. of some county roads over to the City. The Aounds View City Council has discussed this issue at great length and has asked me to write you this letter. Minnesota Statute i63.11 discusses revocation of county roads. Our review of this Statute indicates that if the county revokes a road and gives it to a townsh,, the county must improve the rcad so that the road wi meet county standards. The Statute does not say anything about the repair[ or improvements to the roar' if the rcad is turned over to a city. i The Councy's abil)ti ,c turn over a county roars to a city without making any repairs to the road is very unfair. We tool like we are being treated as "second class citizens". I an sure that many other cities in the Metropolitan Are• will feel tha same way once the issue is brought to theic attention. If this State Statute is not changed, counties could allow thatr roads to deteriorate and then turn the roads over to the cities just hetore major repair work is needed. This would be an immense financial burden to cicies. SENATOR STEVE NOVAK OCTOBER 23,1985 PACF. TWO The Mounds View City Council requests tLat you review this revocation issue and make any necessary changes in the State Statutes. If you have any questions, please feel free to call. Sincerely, CITY OF MOUNDS VIEW Jerry Linke Mayor cc: City Council Clerk -Administrator Donald F. Pauley Public Works/Community Development Director Steve Thatcher .- wj 01 Vio urld-9 iew PAUSE •COUNTV MINNESOTA 2"1 N141NWA. 10 MOUNDS VIEW."INN 66112 IS&IOSS October 23, 1985 Commissioner Robert J. Orth 316 Court House St. Paul, Minnesota 55102 Dear Commissioner Orth: The City Council Of the City of Mounds View is hereby withdrawing their request to the Ramsey County Board of Commissioners dated August 6, 1985 ;per correspondence from C)erk-Administrator Donald Pauley to your office, copy attached), regarding the placement of stop signs at the intersection of Spring Lake Road and Ardan Avenue. This request is being withdrawn until the Ramsey County Board of Commissioners have completed their policy regarding the turnback of county roads to municipalities. Should you have any questions concerning this matter, please feel free to contact the undersigned. Sincerely, CITY OF MOUNDS VIEW Jerry Linke Mayor JL/mIa cc: City Couacil Director of Public works/Communiry Development Steve Thatcher C'.erk-Administrator Dona1J Pauley Mr. Ken wel'zin - County Engineer n.f n I I 1 Il.. 1 1 pity Of MOVE view •Y]I. CUINTI I NNJ SOT 6N ro C]Ilj Y♦ 1.15 August 6, 1985 CommissioneL Robert J. Orth 316 Court House St. Paul, Minnesota 55102 Dear Commissioner Orth: Over the past few months the Mounds View Cjty Staff at the direction of the Mounds View City Council undertook an evalua- tion of the current level of traffic controls at various inter- sections in the community. ' One of these intersections, Spring Lake Road and Ardan Avenue currently has traffic stopping at Ardan Avenue, a city street, prior to entering Spring Lake Road. Spring Lake Road, however, does not have traffic controls between Trunk Highway 10 and County itoad J. It is felt that the current level of traffic on Spring Lake Road justifies the need for additional traffic controls at this intersection to help control the speed of traffic at the intersection., allow for a safe entrance onto spring Lake Road by traffic irom Ardanvenue, antc retidendiscoin ge non -local traffic fro.n using streets pj imarilvnature as a 'shortcut". For these reasonr, the ^its v of Mounds Xieyt Ytift+ldJaguest 1pii Rams• Count lace stop signs on the northbound and_Loythbounu lanes o� pr nq Lek• AoaQ at iti intersection vleh Arden Avenue a[ the earliest pdsiible date. Your assistance with this natter wow44 be greatly appreciated. ery t ly yours, TY F OUNDS VI Do ald F Faule Clo k- inist t DFP/mjs J cc: Mr. Ken weltxin - County Engineer i- MEMO TO: Clerk -Administrator and City Council FROM: Director )f public Works/Community Development DATE: Uctober 24, 1985 SUBJECT: ELECTRICAL INSPECTOR FUR THE CITY ur NuUNDS JIEW As you may know, Bob Edmond is retiring eftective October 31, 1985. We are all sad to see him lea✓e and will miss his good services very murk. I have interviewed 3 electrical inspectors for the City of Mounds View. The 3 electrical inspectors I interviewed are Robert Clauson, Gunnar Pederson, and Clarence Jorimen. Each one of these electrical inspectors have the talents and abilities to do a good job for the City of Mounds View. This makes the decision very difficult. However, all things considered, Robert Clauson is the person that I would like to recommend as the electrical inspector for the City of Mounds View. He is presently the State electrical inspector for Falcon Heights, Lauderdale, Vadnais Heights, Blaine and a few other Cities in the northern suburban area. His references have all been good and I am sure he will do a good lob of electrical inspection for the City of Mounds View. The other issue to resolve is whether the City shculd use the State electrical inspection services and have them use Robert Clauson as electrical inspector or retain Mr. Clauson on a contract basis with the City as the electrical inspector. At the present tim?, the issues are as follows: 1. If we have the State conduct our electrical inspections, the electrical 'nspection fee to the homeowners and builders stays the same as they are now. :he City will not receive 2u8 of the electrical inspection fee as we do now. In 1984, the electrical inspection fees were S3,000 which means the City took in approximately $600 as revenue. The City also processed a fair amount of paper- work and answered several phone calls. In other words, the revenue and the work fir the revenue seem to balance out. The State updates the fee schedule on their own from time to time. 2. If the City were to contract with Robert Clauson to be the Electrical Insp_ctot for the City, the City wculd still retain 2ri of the electrical permit costs. The fee to the homeowner/builder will be approximately 5-201 higher than the fee is now. The City will continue to process a certain amount of paperwork and answer the phones as we do now. Again, the fees and the work involved to receive the fees seem to balance out. The amount of $600 pays for approximately 30 hours of work 15600!(58/hour x 2.5) - 30 hours). From time to time, the City must update the electrical inspector's fee schedule. Clerk -Administrator and City Council Page Two of Two le — October 24, 1985 One advantage if going to the State is that the contract Electrical Inspector will not be constantly reyuesting the City Council to raise the fee for electrical inspection work. Another .u-__^„ ig th-- .ne City would not haves to update the fee schedule from time to time. All things considered, I would like to try utlizing the state electrical inspection services for a year or two and if it does not work out, we can switch over to a contract Electrical Inspector. I have include a copy of a typical contract for Electrical Inspection services between a City and an Electrical Inspector for your purusal. Under this type of contract, the Electrical Inspector is responsible for all liabilities, insurance, etc., and he is indeed a contractor with the City and not an employee of the City. RECOMMFNDATION: I recommend having the State conduct the elec- trical inspection services for the City of Mounds View and I recommend utliziny the services of Robert Clauson. SWT/bac CONTHACr FUN SLkCfHICAL Ih: e-tIGH -;LW'CE C1ry OF JOLju .:vIES AND :L&,iir H. CLAU.;O': Ir I.: HE& BY ACHLEL BY AND Iti'MLI: the City 01, Qur16view and Hobert H. Clauson as follower I. Hobert H. Clauson :.hall provide elr=trical lnsl•ection service by performing un site lnspectlon of all n-ew, rcuodellnyl alteration construction in the City on all residential, coaaercial, industrial, and agricultural structures. He shall to available on call to perform said Inspections during the regular business hours of the City. 2. He shall keep records cf in,pectlons, repair wtices and maintain contact with the Chief Building Official. j. fie City agrees to pay hr. Clauson on a fee tasis which will represent W of all fees collected for electrical inspection with the City retaining 20;: of all fees collected as its costs of overhead, act. 4. r Clawson agrees that he will perform the .ork of electrical ' inspection and is A qualifieri Electrical Inspector within the laws of the State of r.innesota and will remzin so throughout the tars of this contract. 5. mere will be a further Agreement that either party to themay to pirate this contract upon thirty , 6. The City of Fbundsvlew is interested unly in the results obtained under thia ae,,rewaent. The manor and means of conducting the inspections are under role control of Mr. Clzuson. Eae:uted this day of . 1y85 City, of Aoundsview Hobert H. Clsuson its jtl`14L d RESOLUTION NO. 1946 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE Oi MINNESOTA RESOLUTION COMMENDING BOB EDMOND FOR 27 YEARS OF SERVICE TO THE CITY OF MOUNDS VIEW WHEREAS, Bob Edmond has submitted his notice of retirement commencing October 31, 1985 after 27 years of dedicated and knowledgeable service as an Electrical Inspector for the City of Mounds View; and WHEREAS, during his 27 years of service, Bob Edmond has shown a sincere concern for the health, safety, and welfare of the residents of the City of Mounds View; and WHEREAS, Bob Edmond has won the respect and gratitude of the residents of the City of Mounds View for his conscientious service as an Electrical Inspector. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View, on behalf of the residents of the City of Mounds View, hereby commends and extends its heartfelt gratitude for 27 years of dedicated and self- sacrificing service to the City of Mounds View, Minnesota by Bob Edmond. ATTEST: Adopted this 28th day of 00tober, 1985. Mayor Lin'.e Counc.lme,nber Blanchard Councilmember Haake Counc� tuber Hankier Councilmember Ouick (SEAL) Clerk -Administrator Pauley La fU::;UL,U,1IuN NO. i r45 U&.* C CITY OF "NW VIEV COUNfY OF NAMSEY STATE Of MINNfS0'1'A APPNOVING JU 3T AND CONBFC'r CIAI1L AGAINST CITY fUNtS WuvaVAa;. tlat City Cuuncfl of Mnunds Vic*, pursuant to aP"41 re Hinncsota Stntutes 412.241, Ims full uuthorlty over till ii„*u.l.•. of the City and; y&PJAS, '!he City Cuuncil h,,s reviewed the eluims numbers: 1L825 through Iti838 1n the amount of $ 41,348.29 _ __ 16839 through 16842 in the w,ount of 3_42352.99 18456 through 18544 it the amount of E 28.892.62 through in the WDOUnt of $ TOTAL AMOUNT OF CLAIMS PNESENTEU $ 74,593.90 and has found said claims to be Just and correct; (list of any exception) NOW iNENEFONE, be I. resolved that the City Council of Mounds View hereby approved the attached 3ists of claims dated 10/29/85 ty the vote ayes n+.yes ATTEST: ( SfAI. ) yor er -Adm n strator ADDITIONAL DIRECT EXPENDITURES PURPOSE CHECK AMOUNT CLAIMANT 16819 S 45.50 Michael Quick Wages 238.60 Commlssicner of Revenue Sales Tax 16840 16841 1,512.71 State Treasurer Suc Sec Pensions 16842 2.556.i8 State Treasurer - PERA Pensions $4,352.94 e .. Cliv Gib �I i t iG IM71 6 ?t '7 c r • C- All•1fP•Ttrr.olif /� V. O 1 Toro i. Gnl 1; 4C .CL . [`a'� � i �oCG�F" INSTRUCTOR' >Cnt, AIR o;UPO' it',T:';r100' e�•O/ CfF! 1 1' P'�PfS:"• ►oGCF�" fAcfo4CTCt: A IC''l '111EM[A1 r Qv ►ENSiCMt JCC., 1.'• .c' L If 1 S!v r i l f C' C`Cll "E' 11rG Gw 1 _is j ,r I 2 S -L r _tl.9. 81', � c lF%l I: of .•.r�� T6.5! CYFftll tLF_TOV ICS Rcv/lcct FOULPOFNT IIfI,iPFrllr •.r=LI`".CV TI": INI:—R':NT1LP tOUI►IFNT 30G.9T CDFrrt CYr;IS .F.Ri• cilftNIC+TIOMS-IfuPNINE d'.13 TNF FCr*; C F YISC 'FFICF SL►PIITS ♦3.... G/U . C' oT y -yAL IN C`* ANr `kIFLWv ILPSI IMT l r•t: i' FiAI!-I I,% TV, !I,/PLIES. RUV#OQ5 ONC-Sr!►/LIf$OC/EIAIING —. :;L i,'. :' TR+;.t .S7 LIrr r �r Gic♦ L tic.` tl' 1f• T OY r' el t t fy! lA rcr 11r4P! YY.7- ', rtrti 'ucD L,• 5/Prtlt�r YFr1CLF S FsIIL• !Q':Pmrtir tiid�e7 vp•C„ tit i ►,t�r1 V1r ti P1 FUNL It So Yr41CtF CItlA�4 2C.CC e• �• rC�fFo�tiCrS .r. f �• tr'eTI''S—Trl'DL•. i EIEAo1 o•'r' ^!eT/l :_S 1 Sr :Y.T -S NtEr F^,Fri 1,-NAL Stay SU►OtI:sprpfcAt1NG flu c [. ta/ffle !IC,NeI� - TLFC7 ee[_„e1�fAl reS 1°♦ c y 4 rA% r AFT fa' ,.D tAS� F: TRAFFIC tJ!'�eLt — EltCi `rLtst r!r-c!r-aT .Trr C r ♦ A ..: T . . iD/rr 1.. e'C-�tlEArr Ebsv4 :75.,7 l cr +. StP [ r'4( $I.►IUFSrC/Er AT1Nr. r rL. Cal SCl :-,,• 1 L. - "OL7fSi l'1JI1TrF! w' !>r-S! iiLWO ltrrS#rvq., Ir,. pr.e,E,r :0 t � tale: •' I �'C1e71, �;� ClflSl: 6 � ( s• C' C L • C!FS.1 a 0 _ ri•� I� •.I r•.Irtr .NC-•i �•i!l► FCl'TPPFpT 2C.dr !u i'TV tTt P"L{l Fo11;`r vrF•IrlI 2(4151 vA' ►Aviv `rP�'Anr i FiLV .r►rpATII;( ""C—' P1% s♦rrars 1:.0 rt ►oR+ I•L'. t•iPPLI SrCPFvATIN6 Cr.et rPT. v" CTI I• i_.: c a;Fh;a`. V'141CLFS IhA,A, JAI SUM V ;C"TPPFMT 11"I :'TIIrIF` 7•It T•t ( r C r•!Ifsr YvPTCtF i .A ..t rT•_h (r, el '. -�1 el • 1 `L �.L .o0 LILA °r11 iN 20$*SG ►%A/.Cr 'r f lt. 10At n �` of Sa! 2/e50.00 ►/f• r ., in` •b 1 Saa l t � t.�c'1 - ov '6 442*62 M h r 6471: r. • •I/ •/-- Air c y �Gy Ar '• •oc`rA� ..., 1•.t 6 f F 1 "i b Ct (i CAS 1.rT; f F L C . F. "FF;�. trt'AL Icy .. ,?A% r/,4k1t 1 rTCO` NtEGRA► INSTAUC TGNS 0 '(PAP TM•Tcr 7CAt ^-ri A. ttIyr1,Lft2` S.•OOIIi .. F9U1P•"' -It:. - C WI • ytl,,.a 7 r s �- RESOLUTION NO. IY41 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DISAPPROVING AN INCREASE IN BASIC CABLE 'I'ELLVISION SER-v ICE nATLG D'L GIZO'.''r W CABLE OF THE NORTH SUBURBS, INC. WHEREAS, pursuant to City Ordinance No. 319 Group W Cable of the North Suburbs, Inc. ("Group W") has been granted a non—exclusive revocable franchise to operate, construct, and maintain a cable televiSlOn system within the City; and WHEREAS, the franchise agreement in effect provides for the regulation of basic cable service rates by the City; and WHEREAS, the franchise agreement provides for a passive rate review procedure to increase Basic Service Rates wherein Group W must give written notice of a proposed increase to the City and the North Suburban Cable Commission ("Commission') 90 days prior to the effective date of the increase and each proposed rate increase is automatically approved by the City unless expressly disapproved within 90 days by resolution of the Council; and W!JERF.AS, Group W has given written r,otire on August 22, 1985 to the Commission of a proposed increase ir. Basic Service Rates from $7.95 to $9.95 per month; and WHEREAS, Group W further requested dVChcrilaLion to implement :he proposed rate in:reese imired.ately rather than in 90 days; and 4HEREA9, the Commission recommends to the City that no action be taken to 41sappove the increase in Basic Service Rites and that Group W be permitted to implement the proposed rate increase immediately; and WHEREAS, the City has reviewed information provided by Group W and the Commission regarding the proposed rate increase and current Federal Law relating to the regulation of Cable television; and WHEREAS, the City is rot convinced of the fact that a rate increase is necessary at this time in view of the admitted lack of success in Group W's current marketing program as evidenced by a penetration rate in the City of Mounds View of less than 20 percent; and /" RESOLUTION NO. 1941 PAGE TWO WHEREAS, the City is of the opinion that efforts should be undertaken by Group W to increase its revenues by undertaking a more aggressive marketing program rather than expecting the minimal level of existing subscribers to support its opera a uns. NOW, THdREFORE, BE IT RESOLVED that the City COUnCtl of the City of Mounds View rejects the recommendation of the Commission and disapproves the proposed increase in Basic Service Rates by Group W from $7.95 to $9.95 pursuant to the terms of the franchise agreement. ATTEST: Adopted this 14th day of October, 1985. or (SEAL) Clerk -Administrator d_lrm /� 9 MEMO 70: Mounds View City Co � c FROM: Bruce K. And r D for Parks, Recrea n o estry DATE: October 24, 19 RE: Turf equipment As you are aware, staff rebid the turf maintenance eauioment based on the Council's direction at their Octnher 7 mePtinq. We expanded our bid :nailing list to include 16 suppliers, and bids were received from six firms on Thursday, October 17, 1985. In addition to expanding the bid vendor list, we also increased our bidding options so that we could stay within budget. In addition, staff conducted a number of meetings with the Public Works Foreman and City Mechanic regarding the condition of our second mowing unit, and they strongly feel that it would be to the City's advantage to purchase two mowing units at this time based on the age and condition of our existing Toro units. Based on this recommendation, staff would recommend that we purchase two front mounted rotary mowers, two enclosed cabs with heaters for the mowing decks, one 60" broom attachment and one 48" two -stage snowblower. Based on this posture, the five bids and the firms are as follows: R. L. Gould 6 Co . ..................$20,890.00 Korteum Sales 6 Service ............. 14,318.00 Ransoms Bobcat ...................... 14,380.00 or .......... ............... . 17,680.00 (depending upon which mowing deck was selected) Cushman Motor Cc . ................... 15,397.00 M.T.I. Distributing Co . ............. 15,279.50 or 11,475.00 (based on their 220 unit? Based on the evali.ation of the bids, it would appear that the leas eRpensive Taro equipment would nDt meet our bid specifica- tions as the cab is vinyl witn vinyl doors and would not stand up to the winter use that the equipment is required to undergo. Based on the bid proposals that were received and the input from the Public Works Department, staff recommends that we purchase the turf mowing equipment from Korteum Sales and Service based on their low bid proposal of $14,318.00 for the following reasons: 1. They are the low responsible bidder that meets all of the bid specifications. 2. we conducted extransive references (even Chicago) and John Deere was ranked extremely high. 3. we test drove four pieces of equipment for a three day period and each of the four operators ranked John Deere highest based on: a. Rider comfort b. Maneuverability C. Cutting quality d. Hand throttle compared to foot controls Parts are less cor Joins Drr « compared to esch of the others 4, and we have been d„ ured 4e hour delivery. 5. Past service fron Korteums Sales has been excellent. 6. MvchanicallY it is easier to work on than the Turo equipment. This would be within the 1985 budgeted amount as we would not purchase the turf vacuum as origin getwasS16 1pe229a0D,The total bud- get for the two pieces of equip staff has spoken with Kotteum sales and they have indicated that a mid -December delivery date would be feasible, which would work well into our winter rink maintenance schedule. It should be noted that staff still feels strongly ly about the need s system for a turf sweeper within the City p tly experience moving difficulties where erwe get behindt I due et to incle- ment weather or other pressing P 1e on the recommendations of the Public Works Department and our existing equipment neees as well as the excellent pr-ces we received, it would be beneficial for :he City at this time to purchase two new mowing units to improve out existing fleet. staff, of course, will of. on hand to tesnond tmeeting. oany uestions and ,eview the b;ds in more depth at this evening_ g• i3KA/slI �"....r�_. CITY OF MOUNDS VIEW 2401 Highway 10 Mounds View, MN 55112 BID PROPOSAL FORM FIRM NAME �i d r TGr G//�, •( ��' �lYy�`e P �pA/y'"� ADDRESS ' �a-9O !7K'"'! �'1 ��Siel" i v� PH, -'NC NUMBER G / z4 FIRM REPRESENTATIVE (�/�I I. NEW FRONT MOUNIED ROTARY MOWER YEAR MAKE MODF;L DESCRIPTION BID PRICE II. Iwo (2) FRCNT MOUNTED ROTARY MOWERS YEAR MAKE MODEL DESCRIP'1'IUN BiD FRICE ��; p �' ; /1�6.,.. � '1.3 ,� � o '.yQwrdr �lylZd�.L• III. ENCLOSED CAB WITH HEATER M FIT 72" ROTARY MOWER -2- IV, TWO (21 ENCLOSED CABS WI TM HEATERS TO FIT 72' ROTARY MOWERS YEAR MAKE MODEL DESCRIPTION BID PRICE i98 914 6q V. ONE 60' BROOM ATTACHMENT TO PIT 72" ROTARY MOWER YEAR MAKE MODEL 4 DESCRIPTION BID PRICE od, 0,-Scl�lanQiy —_ �Q �i VI. ONE (1) 480 SNOWBLOWER ATTACHMENT TO FIT 72" ROTARY MOWER YEAR 14�A''KE DESCRIPTION BID PRICE -- [MODEL - ur/% G!r/ • �'/fir VII. ONE (1) 60' TURF S4EEPER WIN HYDRAULIC LIFT AND DUMPING. YEAR MAKE MODEL DESCRIPTION BID PRICE O I F -3- -�^--� VI[I. TRADE IN ALLOWANCE FOR TORG GRUUNUSHA5'fER. 1916 Toro Groundsmaster YEAR 1976 IX. YEAR 1977 X. XI. MAKE MODEL DESCRIPTION 72' rotary mower Toro Groundsmaster with cab - ----- ---- TRADE IN ALLOWANCE Fnn- Tt:P.) ,ROUNDSMASTLK- 1977 Taro Groundsmaster TRADE IN ALLOWANCE zoo 0-1 --T TRADE IN MAKE MODEL DESCRIPTION ALLOWANCE 72rotary mower of Toro Groundsmaster with cab �ZOQ TRADE IN FOR ONE (1) USED TORO 60" BROOM �L_OD J co TRADE IN ALLOWANCE FOR ONE (1) 48" TWO STAGE SNOWBLOWFR J BIu PROPOSAL FORM SHOULD BE MAILED 70; r Bruce K. Anderson, Director Mounds view Parks, RecreatLOn i Forestry Dept. 2401 Highway 10 Mounds View, HN 55112 f612) 784-3055 1'1'ry OF tkH1ND5 VIFW (.1'ry COUNIC 11. AGENDA SKSSIDN N11Vt;M11Kk 4. I4N5 7;D1) P.M. I. k.'Vil'w 11 Prvy•��:.•�I 1'h.r.1y•. 1•• Muol.•111.11 Vo,I.- R1•multing trots 0xfo kev ter I•t u: ess 2. Consideration of Report from Hnlm:•s ,and Graven J. Consideration of 5tatr Memorandum Reyar-ling Charitable Gambling 4. vonsidl•rat ion ut tilalI Memwandum koyardlny street Maintenance and Capital Improvement consideration of staff Memorandum RPyardiny Engine Aaalyt.•1 b. Consideration of Staft Memorandum Regarding Fire Inspe'tion and Mil ltiple• DwelIiny Rental Property Inspections 7. Consideration of etatf Memorandum Regarding Horse and Rider R, Consideration 1f Staff Memorandum Regarding Payment of Fhler's 111i1 for 1478 Improvement Holds PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW kAMSEY COUNTY, MINNESOTA Regular Meeting October 28, 1985 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 -------------------------------------------------------------------------- The Mounds View City Council was called to order by 1. Call to Order Mayor Linke at 7:00 FM on October 28, 1985. The Pledge of Allegiance was said. 2. Pledge of Allegiance MEMBERS PRESENT: Councilmembers Haake, Blanchard, 3. Roll Call Quick, Hankner and Mayor I.inke. ALSO PRESENT: Attorney Karney, Police Chief Ramacher and Public Works/Community Development Director Thatcher. Mayor Linke explained that Police Chief Ramacher was substituting for Clerk/Administrator Pauley, who was out of town, and Attorney Karney was substituting for Attorney Meyers. Motion/Seronc': Hankner/Quick to approve the minutes of 4. Approval of the October 14, 1°P,5 meeting as presented. Minutes: October 14, 19 5 eyLs n nays Notion Caz_ied There were no residents requests or comments from the S. Residents floor. Requests and Comments from the Floor Councilmember Blanchard asked that Item I be removed 6. A?provaConsent,of Agenda from the consent agenda. Motion/Second: Haake/Blanchard to approve the consent agen a, minus Item I, and waive the reading of the resolutions. 5 ayes 0 nays Motion Carried Police Chief Ramacher read proposed Resolution No. 1946, commending Bob Edmond for 17 years of service to the City of Mounds View. Mounds view City CvuuC nrtnbp r )R,,1995 Regular Meeting PageTwo 1-tj�--�------------------------ ---- Motion/Second: Quick/Blanchard to approve Resolution No. 1946, commending Bob Edmond for 27 years of service to the City of Mounds View. 5 ayes 0 nays Motion Carried Motion/Second: Quick/Haake to remove Resolution No. 7. Remove Rslt. lode from the table. No. 1941 from LIM I aL lc 5 ayes 0 nays Motion Carried Attorney Karney advised that he had researched the issue 8. Cor.siaeration of regulation of the cable company as a utility by the of Rslt. No. City approximately one year ago, and he has now done 1941, Disappr au.iitional research which supports his recommendation ing an Increa that the City cannot regulate the cable tv company as in Rates a utility. He recommended that proposed Resolution No. 1941 be denied. Motion/Second: Blanchard/Hankner to deny Resolution No. 1941, which recommended disapproving an increase in basic cable television service rates by Group W Cable of the North Suburbs, Inc. 5 ayes 0 nays Motion Ca_ Park Director Anderson reviewed his memo of October 9. Consideration 24, 1985 regarding the purchase of turf equipment, of se of and recommended the purchase of turf mowing equipment Turf Mowing from Korceum Sales and Service. Equipment motion/Securd: Hankner/C Ack to r.pprove the purchase of turf rewirg equiument from Korteum Sa-es and Service in an amoar.t not to exceed $14,318.CJ, with the funldino to coms from the general fund parks account. 5 ayes 0 nays Motion Carried Director Thatcher requested approval of the Council 10. Report of Punic Works/ for parLia' payment 4 to H&S Asphalt, for the work Road H2 to County Community they have done on Quincy from County He explained they are almost completed with Development Road I. the project, and the City would be retaining $14,000 Director which is more than enough to cover the work not yet complete. Motion/Second: Hankner/Quick to approve the third partial payment on MSA Street Project 85-1, to HiS#■ Asphalt, in the amount of $52,139.94. Motion Carried 5 ayes 0 nays li Mounds View City Counci lU • October 2B. 1985 Regular Meeting Page Three -------------------------------------------------------------------- 1 ^Director Thatcher asked approval from the Council to purchase the two way radios which they had discussed in an earlier agenda session. Ile explained that while the Council had directed him to wait until the funds had been received from the State of Minnesota, there is an urgency in that the radios are needed to improve the productivity of the public works department, and the vendor has stated that he cannot hold the pr'ce down any longer. Director Thatcher stated the funds are expected from the State within the next few weeks, and will amount to approximately $3,000, and the cost of the radios is $2,613. Motion/Second: Haake/Hankner to approve the purchase of the two way radios in the amount of $2,613, to be purchased now, with the funds to come from the water depar U:ent until such time as tney can be reimbursed with tLe check from the State. 5 ayes 0 nays Motion Carried Attorney Karney advised that prosecutions are going 11. Report of well, and a conviction was just handed down in the Attorney fatality of a child in Mounds View approximately a year and a half ago. Councilmember Haake had no report. 12. Reports of Councilmembers Ccuncilmember Blanchard had no report. Cuuncilmember Quick reported that Ps directea by the Council at the last agenda session, he had asxed the Park and Rec Commission what shocld be done with the entience to Silver View park, and their decision was that a sign would be edeauate, stating the hours and when the park woul9 be r,osed. CCuncilmember Kank:�e• aau no report. Mayor Linke reported the Ramsey County Board of Commissioners had passed a resolution turning back Red Oak Drive to the City of Mounds View, and allowing $3,000 for the necessary repairs. Mayor Linke stated that an additional $962 is still needed for the repairs. Motion/Second: Linke/Quick to have the Public Works Department put stop signs at Red Oak Drive and Ardan Avenue. 5 ayes 0 nays Motion Carried -L:n� October 28,E 1985 1'IU UIIUD view v...r ..��•� Regular Meeting Page Four Police Chief Ramachor had no report. 13. Report o Administ. Motion/Second: Hankner/Blanchard to adjourn the 14. Adjournment meeting at 7:20 PM. 5 ayes 0 nays Motion Carried Respectfully submitted, Timothy Ramarhor Acting Clerk/Administrator 1 4-,!T41t i MEMO TO: MAYOR AND COUNCIL �{/J� FROM: ADMINISTRATIVE: SECRETI� DATE: OCTOBER 30, 1985 �1 Y SUBJECT: MUNICIPAL CODE REVIEW Attached for your review please find photocopies of the Municipal Code Chapters chat have been reviewed and revised per Resolution No. 1856 Establishing Schedule for Review of Municipal Code. Deletions to the code are shown by a --- and additions have all been underlined. Those chapters which required no change are as follows: Chapters 21, 23, 24, 30, 31, 35, 41, 42, 43, 44, 45, 46, 47, 49, 49A, 5U, 55, 58, 59, 60, 61, 62, 64, 75, 76, 9i, 93, 101, 102, 104, 109, 111, 112, 113, 114, and 115. /mjs e% RESOLUTION NO. 1856 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE. OF MINNESOTA RESOLUTION .,TION ccTARLNHING SCHEfIO F FOR RFVi F,W OF I, L.V .♦ MUNICIPAL CODE WHEFFAS, Section 3.11 of the Mounds View Home Rule Charter required that the City review, revise and rearrange the Municipal Code at least once every two year?; and WHEREAS, it is the desire of the Mounds View City Council to perform said review during 1985. NOW, THEREFORE., bF IT RESOLVED by the City Council of the City of Mounds View that the following is the schedule for review of the Municipal Code. DATE CODE CHAPTERS RESPONSIBLE STAFF February 4 1, 2, 4, 6 6 Clerk -Administrator February 18 20, 21, 25, 26 Finance Director and Direclui- of P.W./C.D. March 4 31, 33, 46, 47 Clerk -Administrator and Director of F.W./C.D. Marsh 18 48, 49, 49A Director of P.W./C,D. Aprii 1 58, 59, 60, 61 Director of P.W./C.D. i Building Inspector April 15 62, 61, 93 Di:ector of n' 6 quildino Inspector May 6 70, 71, 75, 76 Director of P.W./C.D. Clerk -Administrator May 20 100, 101, 102 Clerk -Administrator 6 Police Chief June 3 104, 106, 107, Clerk -Administrator log June 17 109, 110, 111, 112 Clerk -Administrator July 1 111, 114, 115, 116 Clerk -Administrator RESOLUTION 1856 PAGE. TWO DATE CODE CHAPTERS RESPONSIBLE. STAFF July 15 23, 24, 34, 35 Director of Parks and Kecreacion & finance Director August 5 50, 51, 52, 92 Inrector of Parks and Recreation and Forester August 9 30, 64, 80, 81,90 Police Chief September 2 91, 201, 202, 300 Police Chief September 16 32, 39,40, 41 Director of P.W./C.D. October " 42, 43, 44, 45 Director of P.W./C.D. November 4 s Presentation and Clerk -Administrator 18 Review of Mended rode December Public Hearings) Clerk-Adminitrator and Adoption ut Amended Code Adopted this 28th day of January, 1985. ATTEST: (SEAL) (b) If both of the sources adopted by reference are non- rmvh�, statutory, the provision drawn from the code or material most closely related to the chapter of this Code which is sought to be applied shall control. (5) If a provision or section of this Code conflicts with a provision or section of the Home Rule Charter, the Home Rile Charter shall prevail. 1.08. REPEAL OF ORDINANCES. All Ordinances of the Muni- ... n�.urnfnr adonted are repealed. 1.09. EXISTING RIGHTS AND LIABILITIES. The disposition by repeal of heretofore existing Ordinances of this Municipality and the new enactment of the provisions of this Code have been effectuated in compliance with the laws of the State of Minnesota. The procedures implemented are not to be construed so as to alter, diminish, increase or in any other manner affect rights and liabilities existing at the time of the repeal of heretofore existing Ordinances and the amendment of this Code. The provisions of this Code, insofar as they are the same in substance as those of heretofore existing Ordinances, are essen- tially but not actually continuations of such Ordinances. Therefore, any acts done, offense committed, or rights accruing or accrued, or liability, penalty, forfeiture, or punishment incurred or assessed prior to the effective date of this Code is not affected by the enactment of this Code. 1.10. LRDINANCF.S PRFVIOUSLY REPEALED NnT RE-ENACTED. No Ordinance or part of any Ordinance heretofore repealed shall be considered reordained or re-enacted by virtue of the enactment of this Code unleFs specifically re-enacted. The repeal rf any curative ur validating Ordinance shall not impair or affect any cure or valit,ation already effected thereby. 1,11. PENALTIES. ubdivision 1. Misdemeanors. Unless another penalty is expressly provided in this Code, and except :or the provisions of Suboo,ision 2 hereafter, Any ,erson violatina any provisions of tnis Code, or any role or regulation adopted or issued in pur- siance thereof, or any provision of anv Code adopted here:r, by reference, shall, upon conviction, he punished by a tine of not more than $700.00, or toy imprinu1nnent for not more than 90 days, or both. (168, 268) Subdivision 2. Fatty Misdemeanors. Any person convicted of a petty misdemeanor shall bo subject to a fine of not more than $100.OU. 2.01 Administrative offenses, Any_2erson violating an administrative rule shall be subject to the scheduled penalty not To exceed 5100.00 for each offense. 00, 2.01 CHAPTER 2 COUNCIL 2.01. REGULAR MEETING. Regular meetings of the Council shall be held on the second and fourth Mondays of each month at at rho wnnirinal Hall. If any such Monday isVa legal holiday or Christmas or New Year's Eve, the meeting will be cancelled or held on another date and time as established by Council action. 2.02. SPECIAL MEETING. Special meetings may be called by the Mayor or by any two members of the Council by a written notice filed rich the Clerk -Administrator who shall then -met* natteee-tm-ai4 notify members of the tome and place of meeting at IeASt one (1) day before the meeting. 2.01. AGENDA MEF.TINrS. Agenda meetings of the Council may he held on the first and third Mondays of each month at 7:00 p.m, at the Municipal hall. The purpose of this meeting is to oiscuss and prepare the agenda for the regular meeting following. An agenda meeting may be called to order and the regular business of the Council can be conducted if the Mayor and four Councilmembers are present at said meeting. 2.04. ORDER OF BUSINESS. At the hour appointed for the .oerinn, the members shall be called to order by the Mayor or, in his absence, by the Acting Mayor. The Clerk-Administra[or shall Hall the roll and note the ahsentees. 1 a gaorum is present, the Council shall then proceed with its business in the order establishea by resol:;tion of the C�u,icil. 2.05. 4-NUTES. Subdivision 1. ApPrOvuI of Minutes. The Clerk-Admin- Istrator shall provide a printed copy of the minutes of each meeting ro each Councilmeeber. Amendments or corrections proposed by any member of th Council shall be m3Je by the Cleric -Administrator, but no ?mendments to which objection is raised by any Councilmember shall be We without the adprova'. of a majority of the Council. 2.06 ORDINANCES AND RESOLUTIONS. Subdivision 1. Preparation and Introduction. All legislation of the Municipality shall be by ordinance. Or- dinances, resolutions, and other matters requiring Council action shall be prepared at the direction of the Council, provided, however, that the Clerk -Administrator or Attorney may present ordinances, resolutions and other matters for consideration. 2.01 1 2.0. MINUTES (continued). Subdivision 2. General Contents of Minutes. The Clerk - Administrator shall record all material matters considered by the Council in the minutes. Ordinances, resolutions, communications, and claims considered by the Council need not he rernrded in inii in the minutes if they appear in other permanent rernrds of the Clerk -Administrator and can he accurately identified from the description given in the minutes. The Council may in its discretion direct that any one of the above be fully set out in the minutes. 2.06. ORDINANCES AND RF.SOLUTrONS. Subdivision 1. Preparation and Introduction, All legislation of the Muniripality shall be by ordinance. Ordinances, resolutions, and other matters requiring Council action shall be prepared at the direction of the Council, provided, however, that the Clerk -Administrator or Attorney may present Ordinances, resolutions and other matters for consideration. Subdivision 2. Enactment of Ordinances and Amendments. ' Every Ordinance and amendment of an Ordinance shall be enacted by a majority vote of all ^f the members of CLe Council except where a larger number is required by law. It shall be signed by the Mayor or in his absence by the Acting Mayor, attested by the Clerk -Administrator and published once in the legal newspaper. Proof of the publication shall be attached to and filed with the Ordinance book withir. 30 days after its publication. All Ordinances shall be suitably entitled to clearly express its sub,ect. Subdivision 3. Emergency Ordinances_ An emergency ordinance is an oroinar,ce necessary for the immeaiatf: preserva- tion of the public peace, health, morals, safety or welfare, in .rich ordinance the emergency is defines'. and declared .n 0., preamble tnereto. An emergency ordinance must be approve(: by a majority of available members of the City Council. An emergency ordinance must be in writing but may be enacted without previors filing or voting, and may be adopted finally at the meeting at which it is the first introduced and voted upon by the Council. An emergency ordinance shall remain in effect for the duration of the emergency. No prosecution shall be based upon the provisions of an emergency ordinance until 21 hours after the ordinance has been adopted, filed with the Clerk -Administrator, and has either been posted in three (3) conspicuous places in the City, or published as provided for by the Home Rule Charter, or the person charged with violation thereof had actual notice of the ordinance prior to the act or omission resulting in the prosecution. r 2.07 2.07. RULES OF ORDER. Subdivision 1. Presiding Officer. The Mayor, or in his absence, the Acting Mayor, shall preside at Council meetings, nrecrrve order and decorum, and decide questions of order. The Mayor's duties under this subdivision snail De in additiun W his duties, rights and privileges as a Councilmember. Subdivision 2. Special Rules. The following special rules shall be applied: ( I ) A member may he excused from voting (i.e. aye, nay or abstain) on a matter duly before the Council only with the unanimous consent of the other members present. (2) A motion before the Council shall be reduced to writing by the Clerk -Administrator at the request of any Council - member. (3) Such other special rules may be adopted and included in this subdivision as the Council from time to time deems necessary. Subdivision 3. General Rules. In all other matterb of parliamentary procedure, the Council shall he governed by the latest printed edition of "Robert's Rules of Order". Subdivision 4. Sus ep nsion of Rules. The operation and etlect of any rule estaolished or followed pursuant to this section may he suspended upon the unanimous vote of the Council. 2.Ob. ATTENDANCE AT COUNCIL MF,ETINGS. The dttendance al council meetings of each met'er of the Council is deemed to `e one of the most important duties imposed by law ufor. him. His presence to participate in the hearimgs, deliberations and decisions of the Council is essential to the proper discharge of his official duties. Recognizing that it is not always possible for each member of the Council to be present at 211 r,sretings, and that by reason of business demands, state of health, personal problems, vacations and other matters occasional absences are excusable, the Council may compel the attendance of members and punish non-attendance by resolution adopted by a majority. A vacancy in the Council, whether it be in the office of Mayor or Councilmember, shall be deemed to exist by reason of the failure of any member of the Council without good cause to attend Council meetings for a period of three consecutive months. 2.09. COMPENSATION OF MAYOR AND COUNCIL. Subdivision 1. Mayor's Compensation. penation. The salary of the Mayor is fixed at 687,49676R S3,000_00 per year. 2.09 • 2.09. COMPENSATION OF MAYOR AND COUNCIL (cont'd) Subdivision 2. Councilmembers' Salaries. The salary of the Councilmemberiis fined at a+reeerea 52,700.00 per ,year. Subdivision 3. Method of Payment. Said compensation shall be paid monthly. 1147) (195) 2.10. GENERAL POWERS. Subdivision 1. Composition of Council. The Council shall consist of the Mayor and four Councilmembers. Three members shall constitute a quorum although a smaller number may adjourn from time to time. Subidiviscn 2. Special Powers. The Council may preserve order at its meetings, and shall be the judge of the election and qualification of its members. The Council shall have power to regulate its own procedure. Every current contract, conveyance, license or other written instrument shall be executed on behalf of the Municipality by the Mayor and Clew -Administrator, with the corporate seal affixed, and only pursuant to authority from the Council. 2.11. ACTIN, MAYOR. At its first meeting each year the Council shall choose an Acting Mayor from the Councilmembers. tie shall perform the duties of Mayrr du-ing the disability or absence of the Mayor from the Muricipality or, 'n the case of vacancy in the office of Mayor, until a successor has keen ele7ted or appointed and qualifies. 2.12. APPOINTMENT OF OFFICERS, EMPLOYEES AND AGENTS. :he Council may appsint such officers, employees and agents i-or the Municipality as may be deemed necessary for the proper management and operation of municipal affairs. The Council may prescribe the duties and fix the compensation of all officers, both appointive and elective, employees and agents, when not otherwise prescribed by law. The Council may, except as otherwise provided, remove any appointive officer or employee when in its judgement the public welfare will be promoted by the removal. Such power of removal is subject to veteran's preference and civil .service laws that may be applicable. 2.13. OFFICIAL NEWSPAPER. At its first meeting each year the Council shall designate the Official Newspaper which shall be the legal newspaper for the municipality. 2.14 DEPOSITORY. At its first meeting each year, the Council shall7esignate the depository for the municipal funds. 2.15 2.15. CONFLICT OF INTEREST. Any officer, employee or agent appointed by t e Council pursuant to Chapter 2.12, and any member of a committee or commission who has been appointed by the Council or Mayor, who in the discharge of his duties would be required to take an action or make a decision which in any way wVald affect his financial irterests or those of a business with which he is associated si,aii take 'Ale iuii.Jwi!.y a�iiun�: (1) Disclose to the Council or to the chairperson and other members of the commission of which he is a member, his participation in the matter prior to the time the matter is considered by the Council, committee or commission. (2) Remove himself in a manner prescribed by the Council or the chairperson of the committee or commission of which he is a member, from any consideration or influence over the action and decision in question. (1) Not appear before the Council or the committee or commission of which he is a member on his own behalf or as a re,xesentative for any other person, firm, corporation, partnership or association operated either for profit or non- profit. Any officer, employee, agent, or member of a committee or commission who intentionally violates the provisicns of th.s section can be removea as an officer, employee, agent or member of a committee or commission by majority action action of the entire City Council after a hearing held by the Councl, pursuant to written charges and at least ten days persoaal notic4, or in the event the individual cannot be se_vei after due diligence, by ter. dabs publised notice, o- both. (lly) 4.01 OW CHAPTER 4 ELKCTIONS 4.01. ADOPTION BY REFERENCE. The following Minnesota Statutes are hereby adopted by rerence. c,,haiviaion 1. 200.00 General provisions, definitions Subdivision 2. 201.00 Registration ef-veters and Eligibility. Subdivision 3. 202A.00 Plections,cand ecanvasses. Subdivision 4.-P9;Ar99--- Preperettee-ef-Be4iersr 203B.00 Absentee Voting Subdivision 5. 204A.00 Conduct eofrElections etr Subdivision 6. 195r69---- Mentetpe4-e}eettenar 204B.00 Elections; General Provisions Subdivision 7. is96r99----Veltng-meeMtneo, 204C.UU Elect:�ctivities. Subdivision B. ib7r9B----Absent-end-d:eeNled-velerer 2040,00 Particular Elections. Subdivision 9. ±99r99-- Bteelten-eenteoter 205.00 Municipal Elections. Subdivision 10. ,23dr99---- Pener-pNevtatene: ^06.00 Vu:ing Machines. Subdivision 11 ;219Ar99--- Pet,-EeMFetgn-Praetteesr 209.00 ElectionContests. Subdivision 12. 210A.00 _ Fair campaign Practices. 4.02. Subdivision 1. Date of Election. Notwithstanding any other provision in Chapter 4 toontthehe cfirstrTuesdaylaftertthelec- tion shall be held biennially first Monday in November in every even numbered year. Subdivision 2. Terms and Transition. Two councilmembers shall be elected for four year terms at each biennial election commencing in 1974. Two councilmembers shall be elected for a four year term at the 1974 city election. The Mayor shall be elected for a two year term at each such election commencing in 1976. (218) 4.C3 4.03. ABSENTEE BALLOT PRECINCT. As authorized by R Minnesota Statutes evised 976 Section 1,,.,0, an absentee hallot precinct is hereby established at City Hall, the purpose of which is to receive, transfet and count citywide absentee loci S.02 00, (8) supervise the conduct of local elections in accord- ance with the prescribed laws and regulations. (9) Advise the Council in decisions affecting the employ- ment or removal of department heads and appointed officials. (10) Work in cooperation with the Council's appointed attorney_ end-eag+neerr (11) Prepare news releases and develop and discu„ Nuu+ relations material with Ali concerned as required. Maintain gnnl public relations with the general public. 121 Consult, unless otherwise directed by the Council, with appointed officials and with other public or private Agencies as may be required. (13) Be fully informed regarding federal, state, and county programs which affect the Municipality. (14) Advise the Council on the terms and conditions of employee labor contractf, for presentation to the Council. (15) Prepare an annual report to inform the public about the financial condition of 'ie City. (16) Perform all other duties required of his/her by the Council. Subdivision 3. Requirements of Knowledge Skills, and Abilities. 11) Considerable knowledge of Municipal government operation, proper procedures, public relations, finances, purchascng, and all administrative requirements for proper municipal operation. (2) All duties required by law to be performed by constables shall to assumed by and conducted ty the Municipal police officers. (56) 5.04. LEGAL DEFFNSE. in the lawful and good faith per- formance of the function and duties of their respective offices and employment and enforcement of the code of the Municipality, and all the laws, ordinances and resolutions and reyulations of the Municipality, as a part thereof, the officers and employees of the Municipality act As agents and representatives and police officers of the Municipality and are entitled to all rights, pri- vileges, and immunities to their persons and properties as are accorded by the laws of the State 6.01 CHAPTER 6 PERSONNEL 6.01. PURPOSE. It shall be the purpose of this chapter to establish a uniform and equitable system of personnel adminis- tration to employees of the Municipality. 6.02. SCOPE OF CHAPTER. This chapter shall establish the employment relationship of all municipal empioyees eacvpL Li:e following: (1) All elected officials and members of boards and commissions. (2) Employees of the volunteer fire department. (3) The Clerk -Administrator, mwmte*pa3-engineerr municipal attorney, and health officer. (4) Temporary employees hired by the day or week to per- form unskilled �r semi -skilled work. (5) Consultants and others rendering temporary and pro- fessional services. (6) volunteer personnel and personnel appointed to serve without pay. (7) The provisions iu: these policies and procedures shall apply to all personnel who are reyulateo by other local, state, or federal regulations or who work under negotiated agreements witn the City. In the event of a conflict between t!.e terms of these regulations or negotiated agreements and thin arJinance, thq terms of the regulations or negotiated agreements will take precede.ice and those employees subject to the regulations or agreements snall oe so egulated. 6.03. APPIICAT10N TO POLICEMEN. This chapter shall not be applicable to policemen or officers of the Municipai Police Department. 6.U4. DEFINITIONS. 11) "Regular full-time employee' means one who has suc- cessfully completed the required probationary period and who is employed on a schedule of at least 40 hours per week. (2) 'Regular part-time employee" means one who has suc- cessfully completed the required probationary period and is employed on a schedule of more than 20 hours and less than 4U hours per week. Y 6.05 (3) "Probationary employee" means one who has been assigned to a full-time or part-time position, but who has not completed the probationary period. (4) "Temporary or seasonal employee' means one who has been appo!nted for full-time or part-time on a temporary basis for o period not to exceed six months. (5) "Benefits" means vacations, sick leave, paid holi- days, insurance, and any other benefits as approved by the r. 4 1 (6) "Fiscal year' is the period January 1 to Decemb?r 31 inclusive. (7) "Employee" means only an employee subject to the terms of this chapter unless the context in which the word appears requires a different meaning. (8) "Appointing authority" shall mean the Council. (9) "Work day' means the usual number of work hours an employee wnrks per day. (10) "Immediate family" means the following kin of either the employee or the employee's spouse: children, stepchildren, ' mother, father, sister, brother, grandparents, or minor for which the employee is the legal guardian. (11) "Exempt" means an employee or group of employees determined to be exempt from the provisions of the Fair Labor Standards Act. (i2) "Non-exempt" means an em2l_yee or group of employees determined to be covered by the provisions of the Fair 6.U5. APPOINTMENTS. All prouationary, temporary, ,And regular appointments to municipal service s�iall be made by the appointing authority. o.06. APPOINTMENT PROCEDURE. All appointmenis in the municipal service shall be made according to merit and fitness. No person shall in any way be favored or discriminated against because of race, creed, color, nation of origin, age sex, handi- cap, political affiliations or beliefs. Subdivision 1. by Examination. When required by law or by the appointing authority, merit and fitness may be ascertained by written, oral, or other examinations and shall relate to those matters which will test fairly the capacity and fitness of the candidate to discharge efficiently the duties of the position for which such examinations are held. 6.07 SubOly ision 2. wrthuuL F:aam Lndt Lull. In case ;f appoint- ment for positions for which examinations are not required, the appointing authority may appoint any person who appears to meet the requirements of the position and whom the appointing au- thority deems qualified Lo perform the duties of the position. Subdivision 3. Relation to Other Municipal Personnel and Residents. Whenever possible, and with due reyard for ,on and fitness, the appointing authority shall avoid the appointment of any person when such person is related to any elected or appointed officer or employee of the Municipality. Appointment. cr 14_ynn^ ntn cf __ ns _elated .n - i _le ted -_ "►nnnlnted officer or empinyep in the same department is prohibited. 6.07. PHYSICAL. EXAMINATION. Unless otherwise exempted by the appointing authority, all successful applicants for municipal service shall undergo a physical examination which shall be con- ducted by a physician selected by the Council. All costs of the examinations shall be borne by the Municipality. 6.08. PROBATIONARY PERIOD. Subdivision 1. Purpose. The probationary period shall be regarded as an integral part of the examination process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to his position, and for rejecting any employee whose performance does not meet the required work standdrds. Subdivision 2. Duration. All original and promotional appointments shall be probationary and subject to a probationary period of six months service after appointment. At any time during the criginal probationary period an employee may be trans- ferred or dismissed. At any time during the promotional proba- tionary period, an employee may be placed in the position he occupied previous to promotion. Subdivision 3. Performance Reports. At the end of the first three ionths of thZ probationary period, the er,ployee's supervisor shall submit a written report to the -eppeinlinq------ entlterity Clerk -Administrator on his observation of the employee's work and his judgment as to tie employee's willingness and ability to perform his duties satisfactorily. Subdivision 4. How Completed. At least ten days prior to the expiration of an employee's probationary period, the employee's supervisor shall make a written report to the appointing authority recommending the employee to be retained, dismissed or placed in his previous position. Subdivision 5. Sick Leave and Other Benefits During Probation. During the initidi ptub,lLiunary pwi icd, but nct during a promotional probationary period, an employee will not be paid for any absence from work with the exception of legal paid holidays. After six months of service, an employee will be 6.08 entitled to sick leave and vacation leave to be accrued from the start of probationary employment. Group health and welfare bene- fits shall start the tirst day of the month following appoint- rnenr; however, any waiting periods shall be according to the terms of the group health policy. 6.09. PROMOTIONS. It is the policy of the Municipality to fill vacancies in municipal service by promotion of regular municipal employees when possible. In case of equal qualifica- tions, consideration will be given to the length of service. 6.10. GRIEVANCE POLICY. It is the policy of the Munici- pality insofar as possible to prevent occurrence of grievances and to deal prumytly with those which occur. The following shall be the Grievance Policy of the Municipality: (1) Non -Union Employees - The following steps shall regulate the grievance procedure for non -union employees: Step I - Should an employee wish to file a grievance, said grievance shall be filed in writing within 10 working days of the occurrence of the grieved issue with the employee's department head. Step 2 - The grieving employee's department head shall imm.diately consider and examine the causes of the grievance and attempt to resilve it to the extent he possesses authority within five ten working days of receipt of the grievance. Step 3 - I: the grievance is not satisfactorily dealt with at the Department level it can be appealed within f4we ten working days to the Clerk-Adminrscrator. otep 4 - Upcn receipt of the grievance appeal the Clerk Administrdtct shall review the gtteva:rce and respond within -f*we ten wockinq d,,ys. Step 5 - if the grievance is not satisfactorily dealt with at the Clerk -Administrator level m patio on for the City Ccurcil to hear the grievance must be filed within ftwe ten working days with the :lerk-Administrator who will then place ii on the next available City Council Agenda. (2) Union Employees - To the extent permitted by a nego- tiated agreement, Union employees shall be allowed to pursue the grievance policy set forth herein to the Clerk -Administrator level. (3) Any time limits may be extended by mutual agreement between the employee and Clerk -Administrator. 6. 11 6.11. PAYMENT UPON TERMINATION OF SERVICE. No employee who terminates or whose service is terminated for any reason shall receive final payment due him until it is ascertained that the employee has no debts owed to the Municipality. 6.12. LAY-OFFS. The appointing authority may lay off any employee whenever such action is made necessary by reason, of shortage of work or funds, the abolition of a position or because of changes in organization, provided, however, that two week advance written notice shall be given. No permanent employee shall be laid off whil? there are temporary, provisional or pro- bationary employees serving in the same class of positions for which the permanent employee is qualified, eligible, and avail- able. Length of service in the same position class shall determine the order of making lay-offs when all Sob -relevant qualification factors are equal." Any permanent or promotioi a layoff notice ma; elect classification within the has greater seniority Char lower position is vacant e position within the last t Seniority shall be determi present position and the p contemplated. The decision to be reduced 7 calendar days of recelDt lationary emDlovee uDon receivin educed to a lower position partment provided the employee ployee being replaced or the employee has previously held the a t_s. combining time served in his 6.13. SUSPENSION. the-appeinling-exlherily-mey-by------- resein!ien-suspend•any-employee-wieheut pay- far-dtseipiinary----- eeesenar--Seeh-axspensiene-shei}-nel-exceed-39-days-in-any-one--- eaieadar-yeerr After consultation with the Mayor, the Clerk -,Administrator may sus ea anemp�oyee withodt pay for $CiD lnary reasons fur a period not to exceed five workino resolution Council no later tnar seven calendar days after the suspensi commences. The cumulative total cf all suspensions for any one emDlovee Causes for suspension shall include, but not be limited to the following: (1) Insubordination (2) Gross negligence in the handling of municipal monies, equipment, or property. se of Clty-owned equipment and vehicles. 6. 13 (41 P1competencce or_inefficiency in the performance of his duties. ..s ♦Ale rhAnter. (51 violation of the oruviaid� - 6.14 Demotions. An employee may be demoted by the appointing authority for insufficient performance of his duty, for disciplinary reasons, or for other good and sufficient reasoi, NCELCe ut demotion shall be in writing. 6.15 Dismissal. Any officer or employee subject to the provisions of this chapter may by resolution be dismissed from the municipal service Dy the appointing authority. Evidence of the following shall be sufficient cause for dismissal: (1) Incompetence or inefficiency in the performance of his duties. (2) Conviction of a criminal oftense or misdemeanor involving moral turpitude. (3) Violation of any lawful or official regulation or order or failure to obey any lawful direction made and given by his superior where such violation or failure to obey amounts to anv act of insibordination or a breaceCtedptopresultcinroer llossineoor has result or reasonably might be exp cted injury to the Municipality or tc the public. (4) Intcxication by reason of alconol or drugs while on duty. (5) physical or mentrl defect vhich, i� the judgement of the appointing authority incapacitates tte emplcvee for the proper performance of the duties of his position. (6) The use of offensive conduct or language toward the public, municipal officers or employees. (7) Carelessness or negligence in the handling and control of municipal officers or employees. (8) Inducing or attempting to induce an officer or employee of the Municipality to commit an unlawful act or to act in violation of any lawful or reasonable official regulation or order. (9) Taking any fee, gift or other valuable thing in the course of his work or in connection with it, from any person for his personal use, when such fee, gift or thing is given in the hope or expectation of receiving a favor or better treatment than that accorded to other persons or citizens. 6,15 ew (IU) Conduct in private life which brinys discredit upon the municipal service. (11) Proven dishonesty in the performance of his duties. (121 Soliciting political contributions from municipal employees, and/or engaging in political activities on or with City equipment or on City time. (13) Unauthorized use of City owned equipment and vehicles. (14) Violation of the provisions of this chapter. 6.16. RIGHT OF APPEAL. In all cases of suspension, demotion, or dismissal, the reasons for such action must be presented in a dated, written statement to the employee affected. Upon the employee's dated written request to the appointing authority filed within 4tve ten working days of receipt of the statements of reasons, an employee shall be granted a hearing before the appointing authority, said hearing to be held not later than 15 days from the date of tiling of the request for hearing. If the cause for suspension, dismissal, or demotion is not substantiated before the appointing authority, the employee shall be reinstated in his tormer position and shall receive all payments ana benefits whicn would nave been earned during the period of suspension, dismissal, or demotion. 6.17. NOTICE OF INTENT 'rO DISCIPLINE. Whenever feasible the Clerk -Administrator shall provide at least two days notice to the union represent..tive of an ?mployee about to be disciplined througn ether suspension, demotion, or dismissal. Such notice to be given as soon as practical after the disciplinary action has been decided. Faiiure to give notice shall not be cause to invalidate the action Taken. 6,1d. PRCHIBI7IONS. No person shall willfully cr corruptly make any faIs3 etate,nenc, certificate, maker, reading, .>r reperc in regard to any test, certificate, or appointment held or made under the municipal perscnnel systcm or in any manner commit or attempt to comet— any fraud preventing the impartial execution of the provisions of this chapter. No person seeking employment to or promotion in the municipal service shall either directly or indirectly give, render, or pay any money, service or other valuable consideration to any person, for or on account of or in connection with his test, proposed appointment, or promotion. 6.19 6.19. VETERAN'S PREFERENCE. Nothing in this chapter shall he effective to the extent that it is inconsistent with the "Veterans' Preference" law, Minnesota Statute Chapter 197. 6.20. VACATION POLICY AND SCHEDULE. (240) The objective of vRrrrinn nay :s to pro- SuW1v.G,�.. .. v,Ue employees with a period of rest and ra:axaLi0::. Vacati^. leave will accrue to full-time employees according to the following schedule: 1 through 5 years . . . . . . . . . . . . . .10 days After 5 years through lU years . . . . . . .15 days After 11 years . . . . . . . . . . . . . . .16 days After 12 years . . . . . . . . . . . . . . .17 days After 13 years . . . . . . . . . . . . . . .18 days After 14 years . . . . . . . . . . . . . . .19 days After 15 years . . . . . . . . . . . . . . .20 days Subdivision 2. Vacation will accrue to regular part-time employees on a pro-rata basis of the schedule in Subdivision. 1. 6.11. LEGAL HOLIDAYS OCCURRING DURING VACATION PERIOD. When a legal holiday falls on a working day during an employee's vacation, the day of the holiday will not be counted as a day of vacation. 6.22. VACATION PAY. If an employee desires vacation pay in advance of vacation, he must give the Finance Director at least three weeks notice in writing of each request. He world then receive his normal check to the regular pay period which occurs durino his vacation. f•.23. VACATION TIIiE. All vacations shall be arrange+ and posted by May I. However, an employee may take vacation time giving reasonatle advance notice s.rbiect to the approval of their Department Head ur the Clerk-Administraor. Employees will be given opportunity to sele:t vacation periods insofar as it is prac,ical. Selection o' vacation ti:ne stall be cased on seniority. 6.24. CARRY-OVER AND WAIVER OF VACATION LEAVE. An employee shall be permitted to carry over no more than tei days vacation time plus the amount accrued during the previous year from one year to the next, except with Council approval. 1.11. CONSECUTIVE VACATION DAYS. If the employee is entitled to tvo weeks vacation a must take one weak consecutively, if an employee is entitled to tnree or four weeks he must take two weeks consecutively. �s 6.26 6.26 SICK LEAV4. Subdivision 1. Eligibility. Sick leave with pay shall be granted to all probationary and regular full-time employees at the rate of one work day for each calendar month of full time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use until satisfactory completion of the initial probationary period. Promotl^nal probationary employees may make use of sick ieavr; however, if the sick leave excaeoa a total of five working days, the probationary period shall automatically be extended a like period of time. Sick leave will accrue to regular part-time employees on a prorate basis. Subdivision 2. Accrual and Use. Sick leave may be accumulated to a maximum of 120 days. Sick leave may be granted oniy for absence from duty because of personal illness or disability, legal quarantine, or death or serious illness in the immediate family. The immediate family is defined as the following kin of either the employee or the employee's spouse: children, mother, Lather, sister, brother or grandparents. Subdivision 3. Proof Required. In order to be eligible for sick leave with Fay, an employee must: (1) Report promptly to his Department Head the reason for his absence. (2) Keep his Department Head informed on a weekly basis Of his condition., if the absence is more than three days duration. (3) Submlt a medical certificate for any absence exceeding three days if required by the Clerk -Administrator. (4) Penalty. Claiming sick leave when physically fit, except as permitted in this section may he c3uce for disciplinary a,:tion, including transter, suspension, demotion or dismissal. (5) An employee who meets the other requirements of this section and who receives workers' compensation payments shall be jranted accrued sick leave pay in the amount of tae difference between his workers' compansatlor payments and his salary. (6) Severance pay. Severance pay shall be granted in tie amount of 5o percent of unused sick leave to employees who have completed ten years of service. Upon death ut the employee, the teneficiary of the employee shall be paid the benefit. (7) "Bank" sick leave. Employees who have accw-ulatcd the maximum 12U days sick leave shall be permitted to accrue additional "bank' sick leave at the rate of one day per month. "Bank" sick leave shall not be used in computing severance pay. 6.26 Subdivision 4. Sick Leave Advance. Upon making written T application to the Clerk -Administrator, regular full-time employees may be advanced sick leave by the Council with the following conditions: (1) Employees with less than one year of service shall not be eligible. (2) EMDloye«s ehrll n.„e _x �catad u:i nick leave and Vanafinn tuna - - - - =' _`=_-' � aays uVuaidDie co cnem oetore receiving an advance of sick leave. (3) Eligible employees may receive advances of sick leave not to exceed 15 working days. (4) Whenever possible, as determined by the Council, an employee who receives an advance of sick leave shall maintain an accrual of unused vacation leave equivalent to the outstanding balance of the advance. (5) Any employee who receives an advance of sick leave shall repay that advance with sick leave the employee accrues for each month of service. (6) Any employee, whose employment with the City ter- minates prior to full repayment of the sick leave advance, shall -epay said advance from his regular earning. This shall be deducted from the employee's paycheck. 6.27. EMERGENCY LEAVE Of ABSENCE. In cases of serious emergency, including death or serious illness in the employee s immediate family or other emergency of a serious nature, regular employee's Uepattment Head may authorize use of sack leave benetits for such absences up to a maxirlum of three clays for each emergency. 6. 28 6.28. MILITALY LEAVE OF ABSENCE. Subdivision 1. Military leaves of absence and reemployment of employees ret,irning from active service with the Armed Forces shall be subject to applicaole federal and state legislation. Subdivision 2. Upon return from a military leave of absence, a regular employee will be reinstated to his former position if it still exists and the employee is not incompetent to perform the dut.es of the position. Subdivision 3. if the position no longer exists, the employee will be reinstated to a position of like status and pay, unless circumstances have so changed as to make It .mpossible or unreasonable. 6. 28 Subdivision 4. The employee may keep his military pay. 6.29. LEAVE OF ABSENCE WITHUUT PAY. Upon request of an employee to the Clerk -Administrator, leave of absence without pay may be granted by the Council. Such leave of absence shall not exceed a period of 90 days provided that the same may be extended beyond such period if for continued disability or other good and sufticient reasons, but in no case to exceed one year. No vaca- tion or sick leave benetits snail accrue auring a period of leave of absence without pay. 6.30. HOLIUAYS. (240, 206) Subdivision 1. The following shall he legal holidays for all regular full-time employees and regular part-time employees en a prerata basis subject to this chapter: New Year's Day, Martin Luther Ring's Birthday (3rd Monday :n January), President's Day, Gcod Friday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanks- giving, and Christmas Day. If Christmas Day, New Year's Day, Independence Day, or Veteran's Day falls on a Saturday, the preceding Friday will be considered a holiday. If Christmas Day, New Year's Day, Independence Day, or Veteran's Day fall:; on a Sunday, the following Morday will be considered a holiday. Employees shall observe the days herein designared es legal holidays and receive compensation as though worked, but essential operations snail be maintained by such skeleton crews as the Department Head deems necessary. An employee working on a holiday shall receive h', regular pay in addition to the holiday compensation herein uiven unless he is receiving call -out pay. er-weekend-deey.-pay., 6-30 sebdtvtstem -Br--vAere-shelt-be-en-edattiene3-am nnel------- he+tdeyr-the-dap-to-be-se teeted-by-tte-empteyee-w4th-lhe-apprered ef-ehe-emptereele-snperrtserr-te-be-rnewe-el-e-fleeltng-hetidey:- Nf-er.piey.ee-wtlh-test'-ehen-one-Yeer-ef-serv:ee-•s-e34gtt�e-fee-- !he-ftealtng-hettdty.- 6.31. COMPENSATION. Subaiv,sior 1. Rates of Pay. Rates of pay for all employees shall be set by the Council. Subdivision 2. Pay Periods. The pay period for all employees shall be tourteen calenaar days. Each pay period shall commence at 12:U1 a.m. on a Saturday and ena at i1:59 p.m. on a Friday, fourteen days later. Pay day shall be the Friday following the end of the pay period. When a pay day falls on a legal holiday employees shall be paid on the preceding work day. 6. 31 Subdivision 3. Payroll Deductions. The automatic payroll deductions shall be made as required for federal and state government taxes, and the various pension plans. Employees may elect to have payroll deductions made fur a municipal employee group insurance plan, United .States Savings Bonds, charity drive contributions, union dues, and other authorized programs if mechanically possible. Gyrt lime Yay. Overtime pay is work performed in addition to the employee's established schedule of work hours and shall only be performed with the approval of the employee's supervisor or Clerk -Administrator. ------Enp*eyeee-wt}}_be-pe4d-el-e-reee-of-l:me-end-one-he*f-fer- e*}_Aenre-reeked-}e_exeeee-ef-lhe-fe}*ew4ng-rn}see-by-egreemenl-- belwren-lhe-emp*eyes-end-his-srperr}see-lhe-emp}eyes-eeneenls-le- leke-eempeneelerg-lime-efft______________________ ---------------- ---•---te+--fee-emp}eyees-whose-eseeb*!shed-work-sehedr*e-eon---- -------e*s!s-ef-fire-e4ghl-henr-deye-eeeh-reeky-a}}-Aerre-4n----- -------etteees-ef-e4ghl-eenseer!!re-henna-fer••ferly-hems-* ------- ee}ender-reek?-er---------------------------------- n-en--- -------4hi--fer-emp*eyees-wheee-esleb44shed-werk-sehedn*e-------- -------eenstses-a}-tear-ten-henr-days-eeeh-reeky-e*}_hares-4n---- -------ereess-ef-een-eenseen!}ve-hears-et-fatly-heard-in-any----- -------ee}ender-reeky Tt.e hourly p] for overtime by salaried employees is determined oy dividing tar base montnly salary ty 173 hours and muitlolying by )ne and :one-hn;f. Subdivision 5. Comper.satiry Time off. Compensatory time sherl may be g:vei to exempt empl�ees when in con lience with the Fair Laror Standatds Act at a rate o me and one-hal hours or each hour Gr overtime worked and must be taken within one month of the overtime `.or which it is granted unless prior arrangements have been made with the Department Head and the Clerk -Administrator. Subdivision 6, Call-Uut Pay. An employee called back to work after he has completed his regular work day or called out on his day off shall receive a minimum of two hours compensation at the overtime rate r it total hours worked during the work week exceed 4U hours. ------tlrbd4r}slen-ir--Meekena-Br! r--emp}eyees-regn4red-le-be-en rsekend?-er-Ae}!day-drly-s a -rosette-leer-heats-eempenee!!en-e! � !he-elee4oh!-l4ise-role-ef-pay-lee-eeeh-deyr--Weekend-dnly-er----- �►' he*4dey-duly-she}}_be_ler-eAeektnq-en}yr-end-elver-ee}*e-r4}}_�_ hend4ed-es-ass*}-enesar 6. 31 Subdivision N 7. Pay tar Part -Time Work. If an employee works on a part-time basis, that is less than forty hours per week, his pay shall be based on the hourly rate computed from the monthly rate for the position. Subdivision 9 0. Termination. If an employee is terminated prior to the completion of his original probationary period or his discharge, he shall receive no pay for any accrued vacation leave or unused sick leave benetits. 6.32. RETIREMENT. The mandatory rctirement age for employees covered by this Ordinance shall be 70 years of age. There shall be no waiver of this requirement without approval of the appointing authority. 6.33. ABSENCE FROM WORK. Except as provided for in this personnel chapter, no employee shall be paid if absent from work. 6.34. REST PERIODS. All regular employees working under conditions wnen the use of a break period is practical, shall be granted a 15 minute break period in the forenoon and a 15 minute break period in the afternoon of each work day. Travel time, if any, will be included in the break period. 6.11. JURY DUTY. Any employee who is required to serve as a juror or whowho ununder subpoena as a witness in court shall be granted leave with pay while serving in such capacity, contingent upon the enployee paying to the municipal treasury the fees received for such services. When an employee is released by the Court from jury duty and there are work hours renaining on the day of release, the employee shall report to his supervisor for work. 6.36 RFSIUENCE. No municipal employees shall be required to bzcome residents of the municipality at any rime. dowever, they are encouraged to do so. 6.37. MiSCELI.ANEJUS RL;ULATIONS. Subdivision 1 Travel Expenses. Cn municipal busiress an employee will he reimbursed for his travel expenses. In order to receive such reimbursement, the employee shall immediately upon return to work, till out the appropriate claim form and sub.nit it to the Clerk -Administrator. Subdivision 2. Car Expenses. An employee authorized to use his personal automobile on municipal business shall be reimbursed at a rate to be established from time to time by the City Council. Claims for mileage shall designate date of travel, purpose of travel, and wiles traveled. (240) 6.37 Subdivision 3. Uniforms. When uniforms are provided they shall be paid for by the Municipality. /— ' Subdivision /. Municipal Tools and Equipment. (1) Municipal tools and equipment shall not be used for anything other than municipal purposes unless approved by the Clerk -Administrator. 141 Municipal tools rharged out to any employee upon a written receipt which are lost or broken through misuse of the employee shall be replaced by the Municipality at the employee's expense. Subdivision 5. Health and Lite Insurance. All regular full-time employees may be covered by a group health and life insurance plan as approved from time to time by the City Council. A portion of the monthly premium costs of such insurance plan may be paid by the Municipality, such portion to be established from time to time by the City Council. The balance of the premium costs shall be paid by the employee. (240) Subdivision 6. Work Day and Work Week. (1) The normal work day for regular municipal employees shall be eight hours r ,however, a department head with the aooroval of the Clerk -Administrator may allow do employee to n irreouiar pas a- -eppetne:ng-encnercerr_ (2) The ncrmal work week for regular municipal employees shall be ftve seven days, Monday Saturday through Friday. Subdivision 7. Conflict of Interest. ft It is ek?ected teat every f:mployee shall exercise good judgment in ay.)iding bfcoming involved with conflicting outside business interests. These include, but are not limited to, the toilowing: (1) T'nose in wnirh an employee has ficanc:al interest in, or receive3 benet its fr,)m, a o,siness in which he occupies a positirn which may enable him to influence the placing of municipal business either inside or outside the municipal. government. ( 2 1 those in which an employee accepts full or part time work elsewhere, where such activity interferes with their duties and job performance for the Municipality. Subdivision 8. Political Activity. (1) No employee shall seek or accept election, nomination or appointment as an officer of a political club or organization wi,iCu io uk: ;y ❑ :::.: i:d rt :" 3-.....�:1: ,.. p......_ .. ... . except on behalf �of�his own candidacy.^ Employees are discouraged from actively campaigning for or against any candidate seeking municipal public office. 6. 3) Ok)2) This section shall not be construed to prevent any employee from becoming or continuing to be a member of a poli- tical club or organization or from attendance at a political meeting or from enjoying entire freedom from all interference in casting his vote or from seeking or accepting election or appointment to public office. (3) Any employee who shall become a candidate for any elective nFf—A of fhp M,iniClUality shall dutomatically receive a leave of sbsence without pay And shall herfnrm no duties con- nected with the position held by him until he is no longer a candidate. Tf the needs of the municipal service require, the vacancy created by his absence may be filled and his services terminated. (4) An employee who becomes an elected official of the Municipality shall be required to resign his employment with the Municipality. subdivision 9. Severability. This chapter is subject to the laws of the United States, the State and the Municipality. Each provision of the personnel chapter is deemed severable from any other provision. If any provision of this chapter shall be found to be invalid or void, the remaining provisions shall remain valid unless a court of competent jurisdiction finds any remaining provisions, complete and incapable of being executed in accordance with the Council's intent. r= CNAP1'h:N 10 FINANI'[N(;, FIINDING AND ASSESSMENTS 8drd4r--}MPR9VdMBN�-HkiMB-RFBBMP�}dN-PBNBr----------------- ------- Subdtvta *OR -tr--2rest *SAT --Where-ta- hereby -erested -a------ separete-and - epee ta4-fend-destgnoted -as -the -}mprevement-bond ----- Redempeten-Fnndr-whteh-lhe-Teeesnrce-she4}-metncetn-en-the-eff4-- eta4-books- and- reeerds-of-the-muntetps4tey-end-edmtAt@ter-to----- weeerAenee-rtth-thte-erdtaeneer-se-4enq-es-any-bends-d:reseed-by- ehe-eeunet}-ee-be-peyeh4e-lherefrem-see-eueseendengr--ihtn-fend-- eha}}-be-used-ee-pay-prtnetpe}-end-interact-en}y-en-generei-ob}4- qation-tmprevemerat-honde-iaaneA-le-f4nenee-improvemenle---------- :neetlneed-under-Mtnneeele-f;lecnle+-}957 r-Bhepeer-ICY r-ee-------- emendedr-er-any-fulere-s!e!ulety-er-eherler-prev4aiens-emending-- or-eupp4ement4ag-thet-ehepter-er-atherwtse-aether42tng-ehe------- tsanenee-ot-genere4-e64tgat4an-bends-payeb4e-pr4mer44y-fees------ apeetet-aaaeasmenler-rhether-:n-whe4e-er-tn-perlr--}!-she}i-be--- nsed-fer-ne-eeher-pwrpese-exeeptr-when-a4}-sneh-pt4ne4pa}-and---- tgeerest-dwe-have-been-petd-4n-fw44r-to-repay-any-adveneee-free-- other-funds-used-fer-sneh-psymenter--the-fend-say-be-tnvested-4n- eeeordeaee-with-Mtnneseea-Stetrates-49S47-Seetten-4?Sr66r-er------ amendeeery-er-supp}emeneery-eeter--Any-6e}ones-remetntng-after--- a44-bends-paysb4e-therefrom-have-been-du4y-patd-wtth-tntevest-end redeemed-say-be-transferred-le-the-genere3-fundr----------------- ------- 6ubdtv4slen-?.---}mprevement-Pnndar--A-separeee-fund-aha4i- a}se-be-erected-fer-eaeh-tmprevemene-er-eenaetteetee-group-of---- 4eprevemenls-le-be-f4neneed-by-en-taswe-eF-sneh-bendst-end-a}}___ ee}}eee4ens-ef-speete4-eaaeesmenea-end-sexes-}@vied-for-eaeh----- isprovementr-end-e4t-benA-preeeeds-end-any-@thee-mantes-eppre---- prteleA-!karate-by-the-Feunet}-ehe4}_be_hc4d-tn-sneh-fend-and---- used-se}e}y-te-defray-the-expenses-ef-the-tmprevemeAt-tene4wdtng- interest-end-pr4ne4ps4r-4f-anyr-beeem4ng-due-en-bends-+hose------ p!ee�eds-ere-eppr�petaee•co-the-fend4r-nne+}-the-tmprevemenl-te-- eome}sled-enA-the-eeee-lheeeef-ts-patd-tn-fu44s--�hrrenpen-the--- imprevement-fund-she}}-be-dtseonttnwedr-one-any-be}enee-of-bend•- preeeeee-revue:ntng-eheretn-wny-be-transferred-ee-the•fnnd-of----- enether-4merevemen!-e4maar}y-tnelteuledrtf-ee-a4reeted by-the-- 2eune4} r hwe-e4i-men4ee-net-se-etenefeeeed-sed-e44-enbsequene---- ee44aet7era-ef-satd-apee:e4-asseeemente-and-!axes-sha44--be-patd-- inle-the-}mpee:omen!-Bend-Medemplten-Pend r---- ---- -------Bubd4vtetrn-3r--iax-ber4esr--Before-the-de4tvery-ef-any- - 4snne-ef-tmprevemen!-bends-direeled-by-the-2eunett-le-bt-payab}e- frem-the-}mprovement-Hand-Redemptten-fund-the-2eune44-sha4}-by--- rese4nt4en-eattmate-ehe-approxtmaee-pr4ne4pa}-amount-ef-apae4a}-- eeaeenmenes-to-be-}erred-fer-eaeh-4mprovasan!-financed-lAsraby--- end-epproprteted-le-the-Redempttnn-Pundr-ehe-number-ef-4nsta}i--- mente-therentr-end-the-rote-of-tn!@rest-to-be-eherged-wpen------- 1N rHl deferred-roses++mentor-end-she}}-+evy�-t4-neeeseeryr-a-genera}-ed ve4erem- tam -open-a44-ea*ab4e- proper ty-r4tAtn- the -mum o etpa4teyr-to be -spread - open -the -tax-re}}s- for- ese#- year -of -the -ter m-ef-the---- bondsr-tn-smownee-for-a++-years-sneh- that -4f-ee++eeted-tn-fn}}--- lAeyr-loge!her-r4lR-ehe-loxes-therrle4ere-+evted-end-eppreprteced !e-lhs-Redemplten-Pwndr-p+ws-the-esl!meted-ee+}eeltene-ef-aetd--- spee4a+-assessments-end-of-e++-other-speet a}-assessments-therete- fere-p+edged-co-the-Redenpttnn-Pwndr-rt4*-prMeee -at -+east-ftve-- per-eent-4n-exeess-e4-the-emewnt-needed-tn- meet -when - due- the ----- Pttnetpal and interest-peyTer.le-ew-.w.h-RwwAs-end-en-a++-ee#er--- ehen-ewlslenA4wq-bends-rh4eh-ere-peyeb+e-from-ehe-Redewpl4en----- Fnndr--A++-sweh-tax-+ev4es-nAa+4-be -4rrepea}ab}e-exeepc-thot -tf-- the-Fewne4+-4n-esy-year-makes- an- tree veeab+e-appreprtat40A-to- the +mprevewene-bend-Redempeten-Pnnd-ef-men:ee-Beene+}y-en-head-frew- eenreee-elhoe-!#an-lAe-spoofs}-eseesemenle-end-eexes-hereto------ referred-ter-er-tf-there-to-en-hand-any-exeess-amennt-tn- that ---- fnndr-lAe-mrn4e4pa+fly- reserves- the -rtghl-ta-eerttfy-to- the ------ Fownfy-Awd4ter-the-feet-end-amewn!-thereefr-and-te-regwest-the--- Andtter-te-rednee-by- the- seen"!-se-eerttfteA-the-smewn!-at herw4se !e-be-4ne+nded-4n-ehe-tax-re}+s-n�xl-lhereefler-preperedr-------- -------6nbd+vtston-4r--Fert*fteet4en-ef-bev4esr--yhe-F+erk------- Adntntetretor-4s-d4reeled-ee- 4+e-a-eere4fed-espy-ef-lh4s------- erd4nenee-tn-ehe-offtee-ef-the-Fewnty-Aod4ler-ef-Ramsey-Fewntyr-- end-pr4er-te-the-Ae+:very-e4-each-ser4ea-ef-4wprevewen!-bones---- payab+e-from-the-fmprevemen!-Bend-Redempl4en-Pond-the-F+erk------ Adw4ntelrater-sAa}}-e}se-f4}e-r4lh-setd-Fewnly-Awdtler-a--------- eeretf4ed-espy-ef-ehe-rose+Defeo-anlher4e:ng-sweh-benAs-end------ +evy4nq-a-lax-fer-the-payment-thereof r-tegecher-w4th-fw++-------- :nfermaeten-regerdtng-ehe-bends-fer-rh4eM-ehe-lox-}evy-regw4eed-- by-+er-has-meder-end-ne-further-seelion -by-ehe-moo4e4pe+fly-shs}}- Y.u-regwtred-eu-awthertas- the -extenaton7-nor ee•mer!-end-es4+eet4es of--setd-lnx�-bwe-the-Andtc�r-she++-snows}+y-assess-and-axlehd---- npen-the-lsx-re++ retie-omen+!-spec+f:ed--to-sneA-rose}wl4en-fee--- eaeh-yeerr-nn4ess-ehe-amennt -has -been-redoeed-aa-ewlhe.4ses-4s--- 6obetvfeta"-dr----------------------------------------------------- ------- Snbd4visten-Sr--P}edge-e4-Fred:lr--�Ae-fal}-fetlh-end---- -and-sae-hereby-p}edged•fer--- !he-rremp4-end-4n+4-payment-e4-ehe-petne4pe4-ef-enA-4nleeesl-en-- e}}_}wpruvemen!-sense-made-peyeb+e-frem-the- improvement -Bend----- Redemetton- Pordr-end-the-Fenne44-ehe}+-pay-sn:h-pr4ne4pa+-end---- 4nterest-ant -of -any -fond-e4-the-mrnteipe+4tr-t4-ever-the-esieMnl-- eredtled-ee-ehe-Redempeten-Pond :e-tnsnffte4ene-fer-ere#-pwrpeser and-she++-eaeh-year-ie�y-e-swf44eten!-ewe�n!-le-west-asy-aeewwr-- +sted-er-ant4e+peted-defte+eney-4n-ekel-fondr-rh4e#-}evy-she}}--- nel-be-eob�eet-le-any-seaeneery-er-shorter-cox-+tm4lel4enr--!#e-- prevts4ens-ef-M:nneeeee-6lseoees-}95ar-6eeetene-4a5r6+-and-�i5r74 sre-hereby-aeknew+edged-le-be-end-ere-affirmed-es-eevansnts-ef--- eAs-wwn4etpa+fey-rfeh-the-he+dare-ef-s++-aweh-bends-from-l4wa-le- t4me-eweslandtnqr------------------------------------------------ ----twraf -------6nbdtvtsten-fir--feDreyelnen!-bender--}eptevenen!-be" ds-te-- /� he-�eAe-perebie-frmn-+hr_}�npreven�ent-RenA-ReAen�plten-Pnnd-mey-be- Prepsred-ter-eneentten-to-anbet ant t at r- the - teitertng- fnrnlr -rtth- antteb}e-vartettens-ea-le-dale -ef- Issuer-meturttrr-tntereat -per-- nene-deees r-eeden�p-ten-------------------------------end-nn------ end-ether-deeetiet------------'""""-"- --------------------- BNff6R-SfAfBb-HF-AMBRfBA--------------"----- tif AT R-BP-MtNNBSBfA----------------------- -------------------------- EBBNTY-t)P-RAMBBY------------------------ ----------------------- BffY-OF -MMBNB6-VtNW----------------------- ------------------------- }MPRBVBM6Nf-bBNB------------------------ Ner-------------- ------------------------------------------`}rase --NNBW-AEb-MBN-By -fHB68-PRB6BMf6-!he!-lhe-Btlr-ef-Mennds---- Vterr-e-w,nntetpei-eerperelten-ef-Rew•eer-Beunlr rMtnneseler-hereby eeknew}edges-t•ee}4-le-be-tndebled-end-ter-ve}ue-------ed_pre n�tses-le-per-ee-bearer-ehe-snwt-ef----------------- BNB-fHBB6ANB-BBEbAR6------- en-lhe-ftrsl-der-ef-------------""--}9---r-frtthen!-aptIon-of---- artthe-f4wenl-/-fear-tf-eht� a-be�d-ta-Preperebie-ea-noted-be}ewr-en e-prter-dale-en-rhteh-4e-she}t-here-been-do}r-eeiied-4er-•------- redeTpe:eM r-end-ee-per-tnlereae-ehereon-ee-lhe-role-ef---------- per -cent-f-----Rf-Per-am nnn-fre�n-the-date-hercn4-nntt}-aetd-petn- etpet-ane-ta-petd-far-unit}-lhts-bendy-tf-preperebte-ta---------- refied-far-redewtpetenir-fend-et-lhe-eddtetenei-rate-e--- per-cent-E _=8f-per-ennnn+-freT---------------- r }9_r-le------ r-}9_ft-rhteh-tr,!erest -t--Pareb}e--------_--_r ----------- }�___- -r_end-aunt-ennne}ir-lhereefler-en------------"- ` end----- - --.-_--------tn-eeeh-rearr-tnterest -te-nalnrtlr—being- pay ab}e- tn-eeeeedenec-wteh-end-span-preseneel:nn-end-atrrender-e4-ehe---- tneereae-eenpens-eppdreenen!-Atrete-frenstsetng-of-tee-set ar-ene- rrpreaenetegth2eraa!--•-the-be•ir-rate-ateeed-above-f ren�-date -e4 t pane-ea-w,elnrter-end-the-elMeer-destgneled-ea-'Be-eeupensr- repreaen+tug-tn!errs!-et-lRe-eddtctene}-reec-end-fer-lhe-ttn�:eed- pertrd-stGte0fr--Be+_h-prtnetpet-end-tneereae-ere-perehte-et ----- --------------- r-tq------- --rtn-enr-eotn-er-enrren�r-ef-- !he Hnice 6tates ef-+�e•.riee-rhteh-en-ehe-respect:ve••deeea-et---- pe7ment-4n-iega}-tender•4et-pab}te end-nrtveee-deblsr--Pnr-the- prenpe-end-fntt-pernen!-ef setd-pttnr+Pe}-end-tnterest-da-the---- tame-Become-due-•the-frt}-4etthr-eredtt-end-taAtng-pewera-et-setd- Ftlr-aheil-be-end-ere-hereby-treeve,eeb}r-piedgrer---------'- ----- ----fhis-Bend-ts-enc-ef-e-see+es-tn-ehe-eggre�eee-pr:netpe}--- epnnnt-ef-6 ----------- ereept-se-te-sertet-number-end-meenrttr---- ftnteres!-rite -end-redempt tam ----------- r-a}}-of-ttke-dale-end-- tener-prtvaegefr-tanned-br-setd-Eter-pnranene-le-e-r�setne:en--- Ay}r-eAepeed-br-Me-fifer-Eennet4-fhe-ehe-purpose-et-pertng-eeeee- ef-neeeeserr-tdoe}-tnptevew,enes-wtehtn-lhe-Eterr-end-ta-tanned--- pursnene-le-end-tn-4nit-eenferw.ttr-wteh-Me-Eenelteneten-end•4ers ------------------------------------------------ - - - - -" rN4 of -the -stat-of -Ntnneonta-the reunte-ensh4 tng r_ tee 4udtng-Ntnneset a statuees-4447r-eAepter-•29r-ea-emendedr- -This -bond -ts-peyeb4e---- prtmer44y-+rem- the- fmprevement-Hmnd-Redemption-Pnnd-ef-lhe-E:eyr- creeted-by •-erdtmeAce -Nor ----- r-by - the -EeunetI-ta-regatred -by -4ew- to- pay- the- prtnetpe4- and -tnterent-thereof-out-ef-any-fend-of-the- e4ty-tf-ever -a#e-emnnne-eredieed-le-seed-fund-sheu}d-be-tneuf4t-- eten!-fooe-aneh-pnrpeooer-------------------- -------4Ronda-e4-t#ie-sertes-meturIng-too-the-years-49----threugh- 49----ere-moot-subleet-le-redemption-peter-te-met art tyr-bbut-these- ..•-..y_i._•r._re.e._1o___..•r.e...r_ 19____ e,?e_eee►-..r...0-♦^__-_ redemption-end-prepayment-set-one-epeten-ef-the-Etey-en----- _r }9---r-end-mny-tnterent-payment-date-thereef ter n-too ------ order -of the tr-serte4-numberar- and -at -a-price -ef-per-end-eeeraed-interest- p4es-e-premtum-ef---------------- r--Net-4eaa-them -thirty-tie ya---- eefere-tAo-date -speetfted-for-prepayment-end-redemptton-ef-GAT -Of said-bendar-the-etty-wt44-met4-e-neliee-ef-Mt-ee44-ther eef-to- -- the- he}deer-tf-knewnr-end-te-the-bank-el-whteh-pr:netpe}-one----- interest-ere-then-peyeb4er--Boondhe}darn-destrtng-er receive-sueh- nottee-may-register-their-names-enA-addresses-end-!he-aertn}----- nnmbers-of-t#etr-bends-woe#-ehe-Eily-�reesarer:}----------------- -------}y-45-HRHRH9-ERRy}P49Rr-RHE+VEB-E6VENAN}'EH-ANR-A6REED-thee e}}-eelsr-send:liana-end-lhtngrregnired-by-ehe-Eenatilneten-end- 4ewa-ef-the-6teee-ef-Mtnnesele-le-be-dener-le-extslr-te-happen--- end-le-be-perlermed-precedent-le-end-in-Me-ve}td-4aanenee-of---- t#ta-bend-tavr-bar+-dener-de-ex4str-#eve-happened-end-have-been-- eerfermed-too-regu4er-end-due-fermr-tome- arid -manner - as- ee--------- requtredr-thet-prier-te-the- issuance- hereet-ehe-Etty-has-ievted-- ueen-a}}-texeb4e-properly-wtlh:n-4! reerperete-}emits-e-dtreelr-- �nnae}r-ed-ve4erem-tax-far-lhe-yearn-end-too-the -emennts-requtred- tegether-wa h-ealtmeled-ee4}eeltens-of-lhe-specie}-easeasments--- 4evted-end-te-be-4evted-for-setfj-tmprevementa-end-6ppreprteted-to said-Redenptten-Pend-le-prednee-+•mm�-nel-4eaa-then-5Y-too-exeeas- ef-the-er.nne}-amennee-et-prtnctpe4-end-tnterent-too-heeeme-due---- upen-the-eends-ef-this-tonne-erd-e4?-ether-bends-pnyeb}e-tirem---- se?d-Redemplten-Pundt-!#a!-nddtetene}-texeer-4f-meeeed-far-ehe-- psyment-cf-se4.7-pr4neipe}-erd-tneereslr-may-be-}^vied-ups•-aueh-- preperty-wtthent-4tm,eelten-es-ta-tale-er-eme�ntt-end-that-the--- tssnenre-of-tnr9-send-dtd-nee-eeaae-ehe-tndebtedneoa-ef-need-Eity to -ex ed-any-eenelteattene4-er-steeneery-4taieeetenr------------- -------4N-WfyNR6E-W:{RREBP-ehe-Ftty-eF-Fleunds-V4rw:-Remsey-Eeuntyr M-: nneaele r by-tle-Etly-Bennet}r-hen-ee�se�-eh a-#end-te-be-exr--- euted- he-4fees:nit}N-nienetare-ef-ila-Meyerr--- eennlerstgned-by-ehe-E}ark-Admtntslreeer-end-the-eerpernle-ave4-- te-be-e4f4xrd-hereler-end-the-eppartenen!-4nlerest-eenpena-le-be- aweeated-end-authenttested - by- ehe-#aestmt4e- signet ures-ef-setd--- effteertrend-hoe-sensed-thin-bend ee-ee-de MA -es ef------------r 49--- r---------_-_ ---- eeantere4gnedt--------------------------------------------------- E4erle-Adminettrater---------------------------------------------- --------------------------------Neyer----- 4dee44----------------------------------------------------------- -------------------------4Perm-ef-EenpeM------------------------ ------------------------------------ --•--------------------ierBe Ner------- ------------------------------------------ -------i----- - ---- - " - t------------tr-49---r-the -the-f4rsl-der-ef-------'----- _.-- !}} per_ee-bearer Qilr-ef-Mewnds-V4ewr ReAser-eennlrr-Mtnneseeer e!_ad ehe-sew-of 4nleees!-lhen-dwe-en-----i------sewt_b---------�__=___:______r_ 49---r-Ner-T_ - -------------------- tPees4w4ee-etgnalnre4---------------------tPees4o44e-etgnelwrN-- C lerk-Adrw4wlreter-------------- -------------- Metler-- ----------------------------- -------Bnbdiv4sien-7r--Be}er-Bxeeneten-end-Be44wryr--�Me-----___ enennlsr-•etnrtltee r4neeree!-rotes-end-elder-eerwn-^f-weed------ ef-4n�prerewene-bends-made-parab}e-from- the- ee�prevefnen!-N[e!s}Y___ Rede�nptten-Pend-she}}-be-ester}fished-br-lhe-eenne}er-br' l4enr-end-aneh-bends-she}}-be-}served-end-seed-epee-aneh-eerse-ee- are-deemed-br-the -eenee44-4rop-t4me-to- line-te-be-reeeenebee-end- 4n-lhe-best-ineereste-ef-the-Mnn4e4^°!hers-}--e4^eeeh ieeneperty- ehe- snbgeet-te-spee4e}-as°ee°mentr--dPe bends-ehe4}-be-prep°red-for-exeent4en-ender-lhe-d4reet4en-e4the-- e}erk-Adie4n4strelerr-ehaee-be-exeeneed-br-ehe-s}gnalnees-ef-the-- Marer-end-e}erk-Adns:n}eleelerr-e4-when-one-el-fees!-shentedv----- n�anneeer-end-ehe-ether-MOY-sneherise-the-nee-e4-h4n-e-e6rVer----- e4ehegeaplied-er-engraved-4aeei�e}}e-a:gnetnrer-end-ehe-eerperete-- eeee-e4-lhe-Mnn4e4pe44tr-ehe}}-be-offtwed-to-eeeh-bend-end_there- eh°}}-bete!!°-lied-!here!--tenpen°-ev4denetng-the-}nteres!-per � frow-date-of-iesae-le-�eenr4err-exeeneed-end-enthenl4eaeed-br-the prinledr-:ehegrephedter-engraved-fees:w4ee-s:gnatnres eftthe---- Marer-end-a}ark-Ad�e4n4etrelerr--When-exeentedr-!listber•de-ehe}}be deeiver-d-e4eehe-q*easnrer-to- the- pnreheser-thereefr-npen-P r d 44ve-egreed-pnrrhese-prteer-end-ehe-pnreheser-sha44-net-be----- eb4igated-to-see-te-the-Oppeieatien--3f-ehe- bone-preeeeder-------- ------- Seal en-dr--Aneneniteeeien-eftfraneer4-Remshe-eff4--- eere-eft!listMnn4e4pa}4!r-end-lhe-eenntr-And4lor•ef-Pen�eer-P.enner- ehaee-prepare-And-fern*sh-le-the-pnreheser-ef-eseh-series-of-syeh bends-seetiffed-eep4ee-e4-e}}-press-dtngs-and-reeerds-re}et:ng-eo the-anlher4eel:on-lhereef-and-ynen--!lies-eerei4ieeero-end-e4f:--- dnvils-ee-re-seeeera--hewn-br-ehe-reeerde-tn-ehrtedr-er---- etherwist-known-le-lhe�n-aa-wter-be-regn4red-le-ew4dener4denee-!list------ ve}4dilr-end-serkeeeb:city-of-lhc-bender-end-a}e-aneh-dnensenle-- shail-be-denaed-represeneatilns-e4-ehe-Mr--t9rd:nonce-664 �n4etpeettr-ea-le-ehe--- eerreeeness-Of-ale-seaeemente-therein-eentoinel 20.011. HOME RULE CHARTER, CHAPTER 26s BOND REDEMPTION FUNDS. --gnbdtvte4en-er--�reeltenr--Previene-le-phe-edepl4ee^eree*- 8en,e-Rnle Charter-and-?kwPler-�6-e4-!listMnn4et eelheae----------- ebe4gal4en-}sprevewen!-Bends-have-been-4ssned-br- Mnn4etps4itr 20. 01 1 ee-fiHence-*mprevemenee-tnsetteled-ender-Mtnneaele-6telneee----- 49S4r-Ehapt er-419r-end-thepter-10rB4-wee-adapt ed-set a bit ski ng-e-- separate -and-epreia4-fend- Ale atgnat@d-as- the -Fmpravemen!- bond ----- Redrmpt4an-fwndr-wh4eh-ehe44-eenitnee-tn-ew4Ste nee -wntt4- the ----- :mprevemente-eemp4eeed-lherenrder-end-lhe-eeee-ehereef-Aave-been- petd-4n-fw44-whereapan-setd-fenda- she 44-be -diseenttrwedr There is hereby created a -separate-end-spse4e4 fund desiynated as the Mounds View Home Rule Charter, Chapter 26, Improvement Bond Redemption Fund, which the treasurer shall maintain on the official books and records of the Municipality and administer in accordance with this Chapter, so long as any bonds directed by the Council to be payable therefrom are out- standing. This fund shall be used to pay principal and interest only on general obligation improvement bonds issued to finance improvements instituted under the Mounds View Home Rule Charter, as amended, Chapter 26 of the Municipal Code, as amended, or other statutory or charter provisions amending or supplementing the Hoi.ie Rule Charter or otherwise author'.zing the issuance of general obligation bonds payable priman ly trom special assess- ments, whether in whole or in part. It shall be used for no nther purpose except, when all such principal and interest due have been paid in full, to repay any advances from other funds used for such payments. The fund may be invested in accordance with Minnesota Statutes 1957, section 475.66. or amendatory or supple.nentary acts. Each bond issue authorized hereunder, and the Improvement Bond Redemption Fund created thereby, shall be separate and any balance remaining :n such separate fund after all bonds payable therefrom have been duly paid with interest and redeemed may be transferred to the general fund. SubdLvisic:i 2. IMrovement Funds. A separate fund shell else be rreateo for each improvement consolidates group of 4mprovemen::s to be financed by an issue of such bond; and ali collectiDns of special assessments and t?xes leviad for each improvement, and all bond proceeds and and other monies appro- priated thereto by the Council shall fe held in such fund and used soIcIy to defray the expenses of the improvement (including interest and principal, if any, becoming due on bonds whise proceeds are appropriate to the Fund), until the improvement is completed and the cost tiereof is paid in full. Thereupon, the i-nprovrinent fLL11li alia,l be li:Sculltillueu' slid any La,am.r vi ulnU proceeds remaining therein may be transferred to the fund of another improvement similarly instituted to be used for debt service, or to the general fund, if so directed by the Council. Subdivist on 3 Tax Levies. Before the delivery of any issue of improvement bonds directed by the Council to be payable from the Improvement Bond Redemption Fund the Council shall by resolution estimate the approximate principal amount of special %__4 20.011 assessments to be levied for each improvement financed thereby Ain► and appropriated to the Redemption Fund, the number of install- ments thereof, and the rate of interest to be charged upon deferred installments, and shall levy, if necessary a general ad valorem tax upon all taxable property within the municipality, to be spread upon the tax rolls for each year of the term of the bonds, in amounts for all years such that if crllected in full they, together with the taxes theretofore levied and appropriated to the Redemption Fund, plus the estimated coliections of said special assessments and of all other special assessments there- tofore pledged to the Redemption Fund, will produce at least five per cent in excess of the amount needed to meet when due the principal and interest payments on such bonds and on all other then outstanding bonds which are payable from the Redemption Fund. All such tax levies shall be irrepealable except that if the Council in any year makes an irrevocable appropriation to the Improvement Bond Redemption Fund of monies actually on hand from sources other than the special assessment sand taxes herein referred to, or if there is on hand any excess amount in that fund, the municipality reserves the right to certify to the County Auditor the fart and amount thereof, and to request the Auditor to reduce by the amount so certified the amount otherwise to be included in the tax rolls next thereafter prepared. Subdivision 4. Certification of Levies. The Clerk is directed to file a certified copy of this ordinance in the office of the County Auditor of Ramsey County, and prior to the delivery of each series of improvement bonds payable from the Improvement Bond Redemption Fund the Clerk shall also file with said County Auditor a certified copy of the resolution authorizing such bonds and levying a tax for the payment thereof, together with full information regarding the bonds for which the tax levy required by law has mace, and nc furthor action by the municcpali.ty shall by required to authorize the extension, assessment and collection of said tax, tut the Auditor shall annually assess and extend upon the tax rolls the amou,,ts specifieJ in su:h resolution for each year, unless the amount has been reduced as authorized in Subdivision 3. Subdivision 5. Pledge of Credit. The full faith and credit of the municipality shall be and are hereby pledged for the prompt and lull payment of the principal of and interest cn all improvement bonds made payaole from the Improvement Bond Redemption Fund, and the Council shall pay such principal and interest out of any fund of the municipality if ever tae amount credited to the H'dempLiun Furid is insufficient for such purpose, and shall each year levy a sufficient amount to meet any accumu- lated or anticipated efficiency in that fund, which levy shall not be subject to any statutory or charter tax limitations. The provisions of Minnesota Statutes 1957, Sections 475.61 and 475.74 are hereby acknowledged to be and are affirmed as covenants of the municipality with the holders of all such bonds from time to time outstanding. 20.011 Subdivision 6. Improvement bonds to be made payable from the Improvement Bond Redemption Fund may be prepared for execu10 - tion in-enbnseenite++y-she-to++er4ng form, as provided for in Minnesota Statutes 475.55 with suitable variations as to date of issue, maturity,— ins-te=est payment dates, redemption privilege, serial designation and number and other details r . ----------------- ---WNfPP6-54AP66-9P-AM6RfEA-------------------- --- ---------------------WFA'P6-BP-M+NNESGTA----------------------- -------------------------EWNTY-9P-RAMS6Y------------------------ -----------------------of4'Y-9P-M9tlN&S-V+6W----------------------- -------------------»--__+MPR9VPM6Ny-B9NB-____-------------- Nor--------------------------------- ---------64roe@ -------NN9N-A66-MBN-BY-YMB68-PR668N�fi-!he!-tile-e4ty-e4-Meunde---- V4err-e-mnn:e4pe+-eerpersl4en-ef-Remaey-eenneyr-Mtnneseler-hereby eekner+edges-4ese+f-ee-be-4ndebled-end-4er-ve+ne-received-pre---- mtsee- to-pey-beerer-the-snip-e4----------------------------------- ----------------------- 9N8-TM9tlSAN8-B966AR6----------- ----------- ew-the-ftrsl-day-ef-------------r-}9___r_�rtehene-apt+en-e4-prier peymenl+-+err-4f-lh4s-bend-+s-prepeyeb+e-es-eeeed-be+err-en-e---- pr4er-dale-tn-rA4eh-tl-sheff-here-been-dn+y-ee}+ed-far-redemp---- l:en+r-and-le-pey-4nleres!-lhereen-el-she-role-ef--------per-eent h ---N-pee-ennum-lrem-tile-dace-Aereef-Wolf+-srtd-prier pe+-snm-- , 4a—pepe+d-fat-rnlf+-lh+e-bendy-tl-prepeyeb+e-fe-dnly-ea++ed-far---- redespe4en+r-fend-sl-tile-add+!}ens+-role-ef--------per-cent------ f----N-per-annum-from------------- r-+9----to------------- +9---r}t-rh+eA-lnerresl-is-psyeb+e---------_r_+9__ r-end-semt- ennue++y-theteefter-en--------------en yeerr-tnteres!-te- met urity-being-pay a6+e-tn-seeardeeee-r4th-end-- rpeM-presenlsl4en-end-surrender-rf-tile-4neeres!-eenpens-eppur__-_ levent-werele-feeneteetng-of-Ire-sector-eve-represenf4ng-4nerresf- e!-tile-bee4e-rate-staled-ebere-from-dole-ef-te�ue-le-melur4ly-end !he-eeherr-deetgnseed-es-yes-reopens.-repreeenl4ng-4nleree!-el--- !he-addtl+eon+-rate-end-ley-the-+4m4led-per4ed-e!eled+r--BelA---- petme4pe4--eve-}newest-ere-peyeb4e-et------------ r_Sn---------- r_ 4n-any-ee4n-er-eurre-sey-of-she-tln4led-6!elee-e-Amertee-r a -en- •�►-reepeel4ve-d:elee-af-eeymenl-in-}age+-lenaer-far-pnb+4e-and--- privele-debts,--Pe:•-tile-premp!-nod-4a++-pe�ment-ef-said-pt4neapn} end- 4n+erest-es-the- same- bee,)me-doe- the- lull-f64thr-ered4!- and --- eew:ng-peters-ef-acid-E4lr-ahei+-ba-end-err-hereby-trreveeeb+y--- p+edgedr---------------------------------------------------------- ------- Fhte- bond -ta-one -ef-a-ser4es-ie-tile-aggregate-pr4ne4pa+--- emenne-ef-6-------------- eveepf-act-le-setts+-number-end-melur4ey- ftneeree!-role-end-redempe4en------------- r-a+i-a€-+4ke-date-end- eener-pr:vt+age+-:eeeed-by-satd-E:ly-pureuenl-ee-e-reee+ueten---- dn4y-edepfed-by-the-etey-eanne4+-for-the-purpose-ef-paytng-eests- ef-neeeeeery-+see+-4mpreremenla-r4lA4n-the-Etlyr-end-4s-issued--- pnrenene-ee-and-fn-fn}}-eenfermtly-r4lh-the-Eenel4eul4en-end-the- +are-e4-the-fifele-ef-Mtnneeele-lherennee-eneb+4ngr-the+ud4ng-lhe- Mennds-Vter- Rome- Rn+r-pherler-end-Ehepter-66-ef-the -Mnetetpe4--- �` Eeder-ea-emendrdr--+nts-vend-t+-peyeh+e-primeri+y-4rem the ------- - {mprevemen!-Bend-Redemptten-Pnnd-ef-the-E4t-s-ere Bled -by -Fhepter- 2BrB}4-e4-the-Mennds-Vter-Muntetpe+-Eoder-by-lhe-Fennet+-is------ required-hy-+er-to-per-ehe-prtnetpe+-end-interest-tAereef-ant-ef- eny-tend-ef-lAe-etty-tf-ever- the- emnnnt-eredtted-to-setd-fund---- shen4d-be-tnauff4etent- for- sueh-pnrpeser---------- ----- -------tBends-ef-ehts-aeetes-metnrtng-tn-the-years-f9----threngh- }y---r-ere-nee-snb�eet-le-redemplten-pr4et-ee-metnrtty r but -!hose meenrtng-rn-ehe-years-}9----through-}9---r-ere-eeeh-anb�ee!-le--- ._..__....-...+_w..wwvmewt-e!-ehe-npeten-e4-lhe-Eiey-en------ +9---r- ono- any - into rest -payment-dete-theree+ter,-tn------- eraer-- ef-!heir-aer4e4-nnmhersr-end-et-e-price-ef-per-end-eeernea------- interest -p+ns-s-premtnm-e4----------- s--Nee-}ass-then-ehtrty-deya be4ere-ehe-dale-speet4ied-far-prepayment-end-redemption-ef-any-ef said-bender-ehe-Ftly-rt}}_set}-e-neetre-ef-the-ee++-!hereof-le--- the-he4derr-ff-knernr-end-le-lhe-bank-el-rhteh-prtnetpe+-and ----- :nlerrs!-ere-lhen-peyeb+es--Hendne+dots-aesyrtng-le- i-----reee4ve-eneh- neties-say-regiseer-ehetr-names-end-addresses nnmbere-of-thetr-bend rr4eh-lhe-E4ly-�reesnrers-- "-"-"`-- -------f�-fS-4RRE6r-F6R�+P+fi6r-RfiEfy6br-FBVENhN�6B-ANB-A6R6BB---- ehe!-a++-eecar-eendatens-end-thing r regntred-by-ehe-Eensltlnl:en end-+ors-ef-ehe-Seele-ef-Mtnneaete-to-be-donor-le-exiaer-le------ heppen-end-ee-be-performed-:n-regn+er-end-due-fermr-e4me-end----- menner-es-se-regn}redp-ehe!-pe:er-ee-ehe-tssnenee-he reef-the-Btey nos-+cured-npen-a++-eexeb+e-properer-rith:n-ice-eerpereee-+ima s- e-d}reetr-ennra+r-ed-ve}area-tax-far-ehe-veers-end-4n-che-emennea requtred-legether-r4lh-esltmeled-ee++eeltena-ef-ehe-speete+------ as!easmenta-+evied-end-te-be-+evted-fer-aatd-imp revementa- and ---- appreprtated- to- sotd- Redemption- P"Ad r-to-prednee-sums -met -}eas--- chen-5i-:n-excess-ef-ehe-ennne+•emennls-ef-prtne4pe+-end-inlereat !e-beeeme-due -npen-the - bands- of-tAI a-tas ue-end-e4i-other -bands --- reyeb4e-fram-sot d-Redemptto" -Pundt-that -eddtt4ene4-texear-tf----- needed-fer-che-peymrnl-e4-said-prtnetpe+-end-tntereaer--may-he ---- +evted-npen-sneA-�reperey-r:lhen!-iimtleeten-ee-te-rate-er------- emeuntt-end-that-the -4ssnenee-ee-lh4s-bend-mat-eense-the--- - tndeAlennrss-ef-acid-Fily-le-exceed-any-ronnitenliene+-er-------- seatbtery-+tmttettanr------•------------------------------------- ------- f -ef-Mennda-V.brr-Remsey-Fenhtyr Mtnreseter-h)- its--2hta-bend-to-be-eee--- euted-tn- its -behe4f-by-the-+feea4m4+e0-etgne!nre-e- t!s- Kayser --- eennrerstgned-bv-the-Poly-F+era-erd-the-ter?r-ale-see+-M-be----- efftxed-heretar-end- the-appurtenant-Interest-eeupens-te- be-exe --- ented-end-eneheneteeeed-by-ehe-feestmi+e-s:gnetnres-- --sett------- ef44eersr-end-has-sensed-lute-band-le-be-deeed-es-e----- F.3nntera4gnedr-------- E:ey-E+ark------------------------------------------------------- ------------------------------------------------------- Mayor - (Seal) --------------------------- ---------------- -------------- ------- ----------------------------------------------------------- ffre!- -------------------------4Petm-of -fenpeM----------------------- Nor--------------------------------------------------- 6---------- ------- 9e-the-94rot-day-ef--------------h------------T-}9_r--- ehe-e}ty-ef-Nesade-Wewr-Nasisey-eesatyr-M4naesets 7-w444-pay -to --- besrer-st----------------r-the-srm-ef---------------------------- B66WIR8-fee- nleees!-! a-dire-ew-4te-fmprevemew!-Bead-dale ------ ---------------r-}9---r-Ner-------------------------------------- — fhessetse-ss9aeeerei-------------------------------------------- e4ty-e}erk------------------------------------------------------- -----------------------------------------4Paesis4}e-s49nslwre4--- Mayor Subdivision 7. Sale, Execution and Delivery. The amounts, maturit tee y., interest rates and other terms of each issue of improvement bonds made payable from the Improvement Bond Redemption Fund shall be established by the Council, by resolu- tion, and such bonds shall be issued and sold upon such terms as are deemed by the Council from time to time to be reasonable and in the best interest of the Municipality and owners of property subject to special assessment. Upon the sale of each issue the bonds shall be prepared for execution under the direction of the Clerk r and shall be-eseenled-by-the-stgnatures-of-the-Meyer-end F}eekr-of—wkwm-ewe-se-ieeal-ehei}-e4gn-menus}}y-end-ehe-ether-mey adther4se-ehe-wse-ef-h4s-pr4ntedr-4tthagraphed-er-engraved-fee--- ' s4m44e-signatnre7 executed as proved Minnesota Statutes 475, and the corporate seal of tAe Midunictpfor alT in ity shall oe a ized to each bond. -and-there-sha44--ise-ettaehed-thereto-eeapens------- ev4dene4ng-the-4nterest-payah4e-from-the-date-ef-issue-te--.----- malut4tyr-eseented-end-ewthent4eeted-by-the-pr4ntedr-i4tlregrophed er-engraved-feeatm4}e-a4gnelwree-of-the-Mayer-end-fierkr When executed, the bonds shall be delivered by the Treas,:rer to the purchaser thereof, upon payment of the agreed purchase price, and the purcnaser shall not be obligated to see '.o the application of the bond proceeds. Subdivision 8. Authentizettion of Trjnscr:pt. rite offi- cers of the Municipality and the County Auditor o: Ramse, county shall prepare and furnish to the purchaser of each series �f such bonds certified copies of all proceedings and records relating to the authorization thereof dud such othee certificates and affi- davits as to matters shown by the records in their custody or otherwise known to them as may be required to eviderce the validity and mdrketability of the 5ords, and all such documerts shall be deemed representations of the Municipality as to the correctness of all statements therein contained. (Ordinance I,J 25.UI CHAPTER 25 STORM WATER MANAGEMENT FUND 25.01. DEFINITIONS. The following wards and terms wherever they occur in this Chapter shall be defined as follows: 1I) Area. The total area of the subject parcel of land measured in square feet and to the centerline of any abutting public streets or rights -of -way. 12) Fund. The Storm Water Management Fund. 13) owner. Any individual, firm, association, corpora - ton, syndicate, co -partnership, LfuSt or any other legal entity having sufficient legal or equitaole interest in the subject parcel of land to commence and maintain proceeding for a building permit under Chapter 59 of the Municipal Code. (4) SWM Charge. The Storm Water Management Charge. 25.02. ESTABLISHMENT. There is hereby established and created a fund, designated as the "Storm water Management Fund", and a charge, designated as the "Storm water Management Charge". 25.03. PURPOSE. Y:ie purpoFe of the Fund is to provide for the preservation and improvement of storm wale• drainage facilities within the Lity of Mcunos View. Then, shall be deposited in the Fund all payments received pursuant to the provi_.io.,s of thie Chapter ano such other mories as shall be specified crom time to time by the City council, 25.04. APPLICABILITY. Any owner or hi,, agent, who applies for a building )permit under Chapter 59 of the Municipal Code, shall pay a Storm Water Xanagnment Charge in an amount, as determined hereinafter, to the Fund. It the City Engineer determi Jtpn storm water to a storm ma 25.04 nt's land orovement applicant's land does not contribute storm water to a storm sewer needinn imorovement or additions monitorina, the applicant shall pay 25.05. COMPUTATIUN OF REQUIRED SWM CHARGE. 25.05 ------6nbd4v4s4en-}r--Base-rater--The-}9i6-base-Gale-far-eeapr-- !el4eref-ehe-6WM-eherge-she}}-be-45r}-eenee-per-egrare-feelr---- Th4s-rate- she}}-be-Gdlnseed-ennue}}y-en-do}y-}s!-seeerd4ng-le-the eherge-4n- the- 6ng4neer4rig -News-Reeerd-eenserwetten-eest-fndex-far the-M4nneepe}4e-Str-Pen}-Greer----------------------------------- ------- Snbd4v*s4en-2r--Ner-deve4epmenler--The-SWM-eherge-for- eny- parre}-ef-}end-open-rh:eh-ehere-*e-ne-ex*se:ng-pr}ne4pe}--------- br4}dtngr-ee-def4ned-ender-ehepter-46-e4-the-Mwn4e4pe}-ender----- ehe}}-be-the-prednet-ef-the-base-rete-esteb}4shed-4n-6wbd4v4e4en- }-ebeve-and-tee-tltlterenee-beereen-ere-eete4-rnn�ff-egr*ve}en!-ef ehe-ex4el4ng-end-prepeeed-}end-rases-eseeb}4ehed-4n-6nbdiv4s4en-4- be4ewr----------------------------------------------------------- -------av--The-6NM-eherge-she}}-be-sere-wherever-the-d*fferenee-- -----------between-ehe-Gale}-rnneff-egn4ve}cots-ef-ehe-ex4�e*ng-- -----------end-prepesed-}end-pees-4a-}ass-+hen-ten:------------•- -------br--The-a*n*mom-SdM-Fherger-exeepl-te-prev*ded-*A-ar------ -----------•ehewrr-she}}-be-lwenly-f4ve-de}4ersr------------------ -------er--Ne-prey*s4ens-here*n-she4*-be-eenelrwed-le-preh4bs!- - -------•----the-peymen!-a+-serrlher-ere-6WM-ehergr-fee-e-epee4f4e -----------peree}-ef-4endr---------------------------------------- _______Ar--'ehrFWM-Fhergw-ehn44-be-tare-rhenrrer-G-bn44d�ng------ -----------perm:!-: 4ssned-far-ehe-edd4l4enr-a}eeret4eh-er----- -----------4sprevemene-ce-en-er4st*rag-song}e-fem*}y-ree*denite}-- -----------strnelnre-er-e-}e!-rhteh-has-en-exis!*ng-sang}e-fem4zy -----------reetdenite}-�lrnelere-*n-en-R-}-served-d4eer4elr--•---- -------&nbtl4v:efen-3r--Tele}-rnneff-egn4ve}enlr--The-arty-------- Sng4neer-ehe}}-prepare-!e!e}-rnneff-egn4ve}eels-far-e}}-pewee}s-- ef-}end-far-rh4eh-e-bn4}ding-perA4!-*s-senghlr--The-fe}}ew4ng---- eeeff4e4enes-ef-rnneff-ehe}}-be-need-ee-eempnte-che-cote}-rene44- egn4ve}ever------------------------------------------------------ �05 ----------3ype-ef-breinege-Area----------------------- --------- ----------- Rare -got ir-tiatr-2M-siape --------------- r2S----------- ----------- Bare-eeiir- eve rager-2-4o-s4ape ---------- r38----------- ----------- Bare-seiir-seeepr-9l-s}epe-------------- r35----------- ----------- fmperviees-area-is!*eelsr-drives---------------------- ------------ waiksr-reeter-eleri--------------------r9s----------- ----------- Bressy-areas-end-nelnrei-weeded-Breast---------------- ------------ ------------- ris----------- ------------ Bendy-eeiir-average-2-al-s3epe--------- riS----------- ------------ sandy-se4ir-steepr-a9-siepe------------ r"----------- ------------------------- rO----------- ------------ Neevy-seiir-everager-2-9l-siege-------- ria----------- ------------ Neevy-seiir-sleepr-9l-siege------------ v3i----------- ------- -she}i-he-the -sum-ef-the -pre--- drele-ef-lhe-eppre�eitle-eeeffieienea-ef-raneff-end-she-sgwere--- feel-ef-arse-ef-eeeA-lype-ef-e�:sling-er-prepesed-fiend-nee-en-lhe pareei-of-iendr a) The minimum SWM charge shall be twenty-five dollars (25.00). b) Ne provision he payment of more parcel of land. rein shall be c n one ibit the c) The SWM charge shall be zero whenever a building Y.Lrmit is issued for the addition alteration, or improvement to an ami y residential structure or a lot which has an existing single famil�resi�dential structure in an R-1 zoned distr cI t. d) The SWM charge shall be as follows: Pro ercy 7.jned SWM Charge R=1 $17f.�er lot R-2 R-3 R-4, R-S, R-0, B-1, B-2, B-3 B-4 and I-1 Subdivis on July let acc $830 per acre $1,200 per acre $1,650 per acre charge shall be adjusted annual ange in the Engineering News for the Minneaolis-St. Paul are 25.06 25.06. USE OF FUND. Any SWM Charge payments deposited in the Fund shall be used only for expenses incurred in the design, construction, preservation, or improvement of City storm water management s,stems. These expenses shall include, but shall not be limited to, acquisition of land, wetlands, and easements, construction of water quaiity control improvements, preservation of wetlands, and debt retirement in connection with storm water management system improvements. 25.07. TRANSFER OF FUNDS. Any SWM Charge payments deposited in the Fund snail not be transferred out of the Fund except for the purposes enumerated in Chapter 25.06 above. 10 40 26.01 f CHAPTER 26 PUBLIC IMPROVEMENTS 26.01 Title and Purpose. Subdivision 1. 'ritle_. This chapter will be known, cited and referred to as the "Mounds View Public Improvement hal, Ae Fnnwn Code", except as refrr[ad to heiEin, :There it .T. as "this Code". Subdivision 2. Purpose. It is the purpose of this Code to provide the procedure for initiating, construction, main- taining, and financing local improvements and the imposition of special assessments. 26.02 Authority. This Code is enacted pursuant to the Home Rule Charter of the City of Mounds View (hereinafter referred to as the 'Charter*), Chapter 8.03. 26.03 Definitions. Subdivision 1. For the purpose of this Code the terms r- defined in this section shall have the meanings ascribed to them. Subdivision 2. "City" means the City of Mounds View. Subdivision 3. "Council" means the cicy Council of Mounds View. Subdivision A. "Clerk" means the Mcunds View Clerk Administrator. :;ubdivision 5. "Improvement" means any type of imorovement made under authority granted by the Charter or state law. Subdivision 6. "L3cal improveme.ts" shall mean a public improvement financed pa.tly or wholly from special assessments. Subdivision 7. "Newspaper" means the official newspaper of the City. Subdivision 8. "Newsletter" means a letter published by the City at regular intervals at least six times each year. Subdivision 9. "Street" means any street, alley, u[ other public way, or any part thereof. 26.03 Subdivision 10. Other terms shall have the meaning ascribed to them in the Charter or other provisions of the Mounds View Municipal Code, where applicable or consistent. 26.04 Improvement Council Powers. Subdivision 1. Improvements authorized. The City Council shall have power to make the following improvements: (1; .P. open, ar.d widen any street, and to improve the same by constructing, recons a uctiny', and maintaining sidewalks, pavement, gutters, curbs, and vehicle parking strips of any material, or by grading the same, including storm sewers or other street drains and connections from sewer, water or similar mains to curb lines. (2) To acquire, develop, construct, reconstruct, extend and maintain storm and sanitary sewers and systems, including outlets, holding areas and ponds, treatment plants, pumps, lift stations, service connections, and other appurtenances of a seder system, within and without the corporate limits. (3) To construct, reconstruct, extend and maintain steam heating mains. (4) To install, replace, extend and maintain streetlights and street lighting systems and special lighting systems. (5) To acquire, improve, construct, reconstruct, extend and maintain water works systems, including mains, valves, hydranta, service connectiors, wells, pumps, reserv(irs, tanks, treatment plants, and�hin other appurtehances o: a waxer works system, and withcut the corporate limits. (6) To acquire, Improve and equip parks, open epoce areas, playgrounds and .ecreacional facilitie$ within and without the corporate limits. ('rl To plant trees on s:ree'.s and to provide for their trimming, care and removal. (8) To abate nu,sances and to drair.swam.fill the hes and ponds on puhlic or private property and to same. (9) To other construct, econstruct, extend and maintain 26.04 (10) To construct, reconstruct, extend and maintain retaining walls and area walls. (11) Otner en improvements authorized by Minnesota Statutes 429.021, as amded from time to time. Subdivision 2. Combinln(L-Improvements. An iml+rnvament on two or more ctroptc or two nr mnro tynos of imprnvomont in or on the same street or streets or different streets may be included in one proceeding and condurted as one improvement. 26.05. PROCEDURE. Subdivision 1, Petitions, Hearings. All local improvements to be paid for by special assessments against the benefited property shall be instituted by either, (1) petition of at least 25 per cent in number of the benefited property owners together with a resolution adopted by an affirmative vote of the majority of all of the Council, or (2) a resolution adopted by a four fifth's affirmative vote of all of the Council. The Council resolution shall state the nature and scope of the proposed improvement, and shall provide means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in total thereof. Upon tecelpt „t such estimate, the Council shall be resolution set a date fcr a public hearing on the proposed improvement, setting forth therein the time, place and purpose of such hearing. Such resolution shall be described it the City newsletter and published twice at least one week apart in the official newspaper of the City no less than two weeks print to the dace of said bearing. and in addition thereto, a copy of such resolution inciudiag estimated unit prices and eslimated total price thereof shall be mailed to eaca benefite4 property owner &t his/h2c last know.i address at least two weeks prior o the data of said hearing. Failure to uive mail notice or any defects in the notice, .shill rot invalidate the proceedings. At such hearing the City Council shall receive any written and oral statements, and hear any petitioners for or against the proposed improvement. A period of sixty days shall elapse after the public hearing before any further action shall be taken by the Council on the prnpnsed improvement. If wi_hin such sixty-day period, a petition against such improvement be filed with the Council, signed by a majority of the owners proposea to be assessed for the improvement, or, when the improvement has been petitioned for, signed by a number of the owners proposed to be assessed for such improvement at least equal to the number of those who petition for the improvement, the Council shall not make such improvement at the expense of the property benefited, unless, in the meantime, there be filed with the rouncil a petition asking that the impra%•ement be made, signed by property owners proposed to be d1SeS8t?d for such improvement at 26.05 least equal in number to those who signed the petition against the improvement; in which event the Council may disregard the potitton against. the improvement. Any person whose name appears on a petition to the Council for a local improvement, or on a petition to the Council against a local improvement, may withdraw his/her name by a statement in writing tiled with the Council lxfore such petition is rroconred to the Council. - Subdivision 2. Protest Petition. Reyardless of the provisions in Subdivision 1, when less than 100 percent of the estimated cost of a proposed local improvement is to he paid for by special assessment, within the sixty-day period after a public hearing has been held or, the proposed improvement, a petition may be filed with the Council, signed by a na)ority of the number of electors who voted for Mayor in the last regular municipal election, protesting against either the improvement, or the assessment formula, or both. In this event, the Council shall not proceed with the improvement, as proposed. Subdivision 3. Limitations. When a proposed improvement is disallowed under the foregoing subdivisions, the Council may proceed at any time between sixty days and one year after the pubi, hearing on the improvement. ' However, no contract shall he let in the event that the current proposed contract e•cceeds the estimated cos: by more than 10 percent. Subdivipion 4. ReConSid,,raLiOnS, When a proposed improvement is disallowed under the foregoing subdivis,ons, the Council shall not vote on the same improvement within a period of one year after the public hearing on sai6 improve- ment. Subdivision 5. Petition ty All Owners. Whenever all as owners of real property 35utting upon any street theaCouncil the location of any improvement shall pftition - to construct the improvement and to asse?a the entire cost against their property, the Council may, after a public hearing, as provided in Chapter 9 of the Home Rule Charter adopt a resolution deteririninr, such facts end ordering the improvement. 26.06 Improvements, Petition. When any petition for the making of any public improveient or in opposition to any public improvement as provided for in this Code, i solution, presented to the Council, the Council shall, by determine whether or not the petition has been signed by the required percentage of owners of property affec'ed thereby, or as to the sufficiency of said petition. 26.07 26.07 Appeal From Determination Of Legality Of Petition. Any person, being aggrieved by this determina- tion, may appeal to the district court of Ramsey County by serving upon the Clerk of the Muniripality, within thirty days after the adoption '>f the resolution, a notice of appeal briefly stating the grounds of appeal and giving a bond 1n the penal sum of $250.00, in which the Municipality .hail he named as ohligee, to be approved by the Clerk of the Municipality, conditioned that the appellant wiii uuly prosecute the appeal, pay all costs and disbursements which may be zdjudged against him/her, and abide by the order of the court. The Clerk shall furnish the appeallant a certified copy of the petition, or any part thereof: on briny paid by appellant of Lha pr.nper charges therefor. The appeal shall be placed upon the calendar of the next general ter:L commencing more than thirty days after the date of serving the notice and filing the tx>rid and shall be tried as are other appeals in such cases. Unless reversed upon the appeal, the determination of the Council as to the sufticiency of the petIrion shall he final and conclusive. 26.08 Council Procedure. subdtvis u,n 1. Plans and Specifications, Advertisement For Bids. When the Council determines to make any improve- ment it shall cause plans and specifications of the improve- ment to be made, or if previously made, to be modified, if necessary, and to be approved a^d filed with the Clerk, and if the estimated Cnst exceeds $10,000, shall advertise for bids for the iml-rovement in the newspaper and such other paters and for such length of time as it may deem advisable. if ttie estimated cost exceeds $100,000, publication shall be made once in the newspaper and at least once in a newspaper or trade paper published it a city of the first class no less than three weeks before the last day for sut3mission of nids. To be elloible as such a trade paper, a publication shall have all rha qualifications of a legal newspaper ex•'ept that instead of the requirement that it shall contain general and local news, such trade oi.per shall contain buildiiq and construction news of interest to contractors in this state, among whom it shall have general circulation. The advertisement shall specify the work to be done, shall state the time when the bids will be publicly nprned for consideration by the Council, which shall he not less than ten days after the first publicatinn of the advertisement when the estimated cast is less than $100,000 am not less than three weeks after such publication in other cases, and shall state that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk, for such percentage of the amount of h` CounC.) may specify. In providing for the a _ dverrtisemtu em . advent for bids, the Council may +irec• that the 26.08 bids shall be opened publicly by two or more designated officers or agents of the Municipality and tabulated in advance of the meeting at which time they are to he considered by the Council. Nothing herein shall prevent the Council from advertising separately for various portions of the work involved in an improvement, or from itself, supplying by such means ds may be otherwise authorized by law, all or any part of the materials, supplies, or equip- ment to he used in the improvement of from combining two or mote uxpnrvemonts in a .uig U• set of planes An,i sperifica- tions or a single contract. Subdivision 2. contracts_ Day Labor. In contracting for an improvement, the Council shall require the execution of one ^r more written contracts and honds, conditioned as required by law. The Council shall award the contract to the lowest responsible bidder or it may reject all bids. If any bidder to whom a contract is awdrded fails LC) enter promptly into a written contract and to furnish the required bond, the defaulting bidder shall forfeit to the City the amount of his cash deposit, cashier's check, bid bond or certified check, and the Council may thereupon award the contract to the next lowest responsible bidder. When it appears to the Council that the cost of the entire work projected will be lass than $5,000.00, or whenever no bid is submitted after proper advertisement or the only bids . submitted are higher than the engineer's estimate, the Council may advertise far new hids it without advertising for bids, directly purchase the materials for the work and do it by the employment of day labor or in any other manner the Council considers proper. The Council may hav- the wc'.'k superv.sed by the City Engineer, or other qualified person but shall ha,e the work supervised by a registered enu'.neer it dote by day labo- and it appears to the Council that the entire cos: of all work and mai.arials for the improvement wi:i be mope than $2,000.00. in cas of improper construction of any portion of the work improper.y done, and where the cost of completion or reconstr-_ction necessary will be less than $10,000.00, the Council nay do it by the employment of day labor. Subdivision 3. Day Labor; Detailed penort. When the Council nas performed con stri.c[ion work by dr.y labor, it shall cause a detailed report to be filed kith the Clerk ani certified by the registered engineer or other person in charge, if there is no registered engineer. The report shall show: (1) The complete costs of the construction; (2) Final quantities of the various units of work done; (3) Materials furnished for the project and the cost of each item thereof; (*) C. t cs labo- ,per cf o; inmen[ hired, and super- visory costs. 26.Od The report shall have attached a certificate by the registered engineer or other person in charge that the work was done according to the plans and specifications, or, if thery were any 1evtattuns truen them an itemir.•d statvmvwit of these deviations. Subdivision 4. Alternate Procedure on Street improve- ments. As to any improvement or improvements consisting of nraA-nn ,.-. _..rg, nut lacing ui streets andalleys, the Council may proceed in the manner provided in this Code, except that it may (1) order the work done by day labor, regardless of the estimated cost of such improvement or improve- ments, and (2) use municipal equipment or hire equipment and purchase materials for all such improvements to e done by day labor in any twelve-month period by advertising once therefor, such advertisement to call for bids for the furnishing of equipment, if the City does not use its own equipment, and for materials at unit prices based on the quantities Which the Council estimates will be required, (3) contract at one rime nn a unit -price basis for part of all of the street improvements to be constructed by the municipality during the current year, including improvements which may thereafter be ordered construCted. Subdivision 5. Coo etp ation With State or Local Government. When a,i improvement is made under a cooperative Agreement with the state or another political subuivision by the terms or whicn the state or other subdivision is to construct the improvement, it shall not be necessary to comply with subdiv4sions 1 and 2. Subdivision 6, Percentage Payment on Engineer's Estimate. In case the contractor properly performs the work, the :nuncil shall, from month to month before completion of the wn-L 1111LLo exceeo Jr 95 percent of the amount already earned under the contract, upon the estimate rf the engineer or other competent person selected by the Council, and the contract shall so provide, and shall further agree that when the work is 90 95 percent or more completed upon the recommendation of the engineer such portions of the retained price shall be released as the Council determines are not required to be retained to protect the City's interest in satisfactory completion of the contract. 26.08 Subdivision 7. Modification of Contracts. After work has been commenced on an improvement undertaken pursuant to a contract awarded on a unit price basis, the Council may, witout advertising for bids, authorize changes in the contract so as to include additional units of work at the same unit price if the cost of the additional work does nor exceed 10 percent of the original contract price. Original cwntraCL price means ti,uL ' t" the estimated number of units required by the unit price. 26.09 Aphnrtiomaent of Cost. The cast of any improve- ment, or any part thereof, may be assessed upon property benefited by the property abuts on the improvment and whether or not any part of the cost of the improvement is paid tram the county -state aid highway fund, the municipal - State aid Street fund or the trunk highway fund. The area assessed may be less than but may not exceed the area proposed to he assessed as stated in the notice of hearing on the improvement, except as provided below. The munici- pality may pay such portion of the cost of the improvement as the Council may determine from general ad valorem tax levies or from other revenues or funds of the municipality available for the purpose, subject to the provisions of Chapter 8.04, Subdivision 2, of the Charter. The City may subsequently reimhurse itself fut all or any of the portion of the cost of a water, storm sewer, or sanitary sewer improvement so paid by levying add:tional assessments upon any properties abutting on but not previously assessed for the improvein-nt, on notice and herring as provided for the assessments initially made. To the extent that such an .mprovement benefits non -abutting properties which may be served by t'ic improvement when one or more later extensions or unpr�vements are made but which are noL initially assessed therefore, the City may also reimburse itsel° oy adding all or any of the portion of the cost so paiC to the assessments levied for any of sucn later extensions or improvements, provided that notice that such additional amount will be assessed is included in the notice cf hearing on the making of such extensions or improvements. The orovisinns of 26.05 shall apply to such extensions or improvements in the same manner as if they were new improvement. 26.10 Assessment Procedure. subdivision 1. Calculation, Notice. At any time after a contract is let or the work ordered by day labor, the expense incurred or to be incurred in its making shall be calculated under the direction of the Council. The Council shall then determine by resolution the amount of the total expense the City will pay, other than the amount, if any, which it will pay as a property owner, and the amount to be assessed. Thereupon, the Clerk, with the assistance of the engineer or ether qualified person selected by the Council, 26.10 ~ shall ralculite the proper amount to be specially assessed for the impr•tvement against every assessable lot, piece or parcel of land, without regard to cash valuation, in Accordance with the provisions of 2.6.09. The proposed AnSeAsmellt till shall be filed with the Clerk and be open to public inspection. The Clerk shall thereupon, under the Counril's direction, publish notice that the Council will meet to consider the proposed assessments. Such notice ,. .o>et nnrp and shall shall be puniiniie.i iu i6o ----' . be mailed to the owner of each parcel described in the assessment roll. For the purpose of giving mailed notice, owners shall be thole shown to be such on the records of the county auditor or the records of the county treasurer; but other appropriate records may be used for this purpose. Fuch publication and mailing shall be no less than two weeks prior to such meeting of the Council. Except as to the owners of tax-exemptproperty or property taxes on a gross earnings basis, every property owner whose name does not appear on the records of the county auditor or county treasurer shall be deemed to have waived such mail notice unless he has requested in writing that the county auditor or county treasurer, as the case may be, include his name on the records for such purpost. Such notice shall state the date, time, and place of such meeting, the general nature of the improvement, the area proposed to be*assessed,the lot Amount to be s eciall assessed a ain� - —ll lees or arcs of land that the proposed assessment roll is on t e i e with Clerk, and that written or oral objections thereto by any property owner will be considered. No appeal may be taken as to the amount of a ny sses=ment adopted pursuant to Subdivision 2 unless a wf>t'cer n]ylon st�n_P�d b the affectec ro eat owner is 1,T M.w .i,o r..�;r�nal C erh prior to the assessment .ea sIL9 or�resante-1 to the re�.atng vcs,==_ hearin The nott— e , 0also [fate_ that an owner may ap?eaan assessment to district co=1t"pJ�sthetmayorto topter 26.12 by serving notice of the appe. p clerk of the municipality within thirty days after the adoption of the assessmentAnd filing ssuch notice ervice upon thehmthe district court within ayor or ot clerk. The provisions ftchaptersice l26.18,also t2f.19,nform pande26.20rty wanda thethe existence of any deferment proredure established purstant thereto in the City. Subdivision 2. Adoption; Interest. At suet. meeting or at any adjournment thereof the Council shall hear and pass u pon all objections to the proposed assessment, whether presented orally or in writing. The Council may amend the proposed assessment as to any parcel and by resolution adopt the same as the special assessment against the lands named in the assessment roll. Notice of any adjournment of the hearing shall be adequate if the minutes of the meeting so adjourned show the time and place, when where re-thefee---- hearing is to be continued y eheree4-be-pwb3tsheA-tn-the-newspeperr The assessment, 26.10 The assessment, with accruing interest, shall top a Iron upon all private and public property included therein, from the date of the resolution adopting the assessment, concurrent with the general taxes; but the lien shall not be enforceable dgdul+t public property as long as it is Publicly owned, and during such period the assessment shall be recoverable from the owner of such property only rn the manner and to the extent a, provided below, all as' scssments'shall prExcept he payable in equal annual installments extending over such period, not exceeding thirty years, as the resolution determines, Payable on the first Morday in January in each year, but the number of installments need not 1>e uniform for all assessments included in a single assessment roll if a uniform criterion for determining the number of Installments is provided by the resolution. The first Installment of each assessment shall oe included in the first tax rolls completed after its adoption and shall be payable in the same year as the taxes contained therein; except that the payment of the first instdllment of any aseessmunt levied upon unimproved property may he defea designated rred until future year or until the platting of tM property the es construction of the thereon, upon suoh terms and conditions and based upon such standards ,.nd criteria as may be provided by resolution of the Council. In any event, every assessment, the payment of whith Is so deferred, when it becomes ll installments asuchethat athe blastvineteided ll nto t ther�oforfll De ' payable not more than thirty years after the levy of the assessment. All assessments shall h.. !atc atermIF ilie resolution r needing at eman permitted b law nee, not exceeding the maximum Y , except that the rate may In any event equal the average annual intereat Cote on bonds issue+ to finance the Improvement for which the assessments are 1-vied. To the first installment if ee,h assessment shall be added interest on the entire esseasmant true a date specified in the resolution levying the ess»esment, rot earlier than the date of the resolution, until December 31 of the year in which the first Installment is payable, and to each subsequent installment shell be added Interest fur one year on all unpaid lnetallmenta� or, alternatively, any assessment may he made payable In equal annual installments including principal and Interest, oach In the amount annually required to pay tn& principal over arch period with interest at such ratan am the reenlution determines, not exceeding the maximum period and rate specified above. In the latter event, no prepayment shall be accepted under Subdivision 3 without payment of all Installments due to and including December 31 of thePycar of ptepayment, together withthe original principal included in such installments, commuted on an annual amortisation basis. When payment of an assessment is deferred, as authorized in this subdiv;sio- intereat thoteun tor the period of deferment may be made payable annually at the same times as the principal 26.10 amount of the assessment when it becomes payable; or, if so provided in the resolution levying the assessment, interest thereon to December 31 of the year before the first installment is payable may be forgiven. Subdivision 3. Transmitted to Auditor Prepayment After adoption of the assessment, the Clerk hall transmit a .. . C ♦ ..f hC �11 ith =t •ll..Cn♦ mac, ii.ie� uu�,�i..3..E � t. aa......... �..... .y `-_.. ..... _- _. including interest, set forth separately to the Ramsey County Auditor to be extended on the proper tax lists of the Countyr but in lieu of such certification, the council may in its discretion direct the Clerk to file all assessment rolls in his office and to certify annually to the County Auditor, on or before October 10 in each year, the total amount of installments of and interest on assessments on each parcel of land in the City which are to become due in the following year. If any installment and interest has not been so certified prior to the year when it is due, the Clerk shall forthwith certify the same to the County Auditor for collection the then succeeding year; and if the City has issued improvement warrants to finance the improvement, it shall pay out of its general funds into the fund of the imrpvoement interest on the than unpaid balance of the assessment for the year or years during which the collection of such assessment is postponed. All assessments and interest thereon shall be collected and paid over in the same manner as other municipal taxes. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the assessment on such property, witn interest accured to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty days from the adoption thereof; and except as hereinafter provided, he may at any time prior to November 15 of any year, prepay to the Treasurer of the City havi ; levied said as3osamants, the whole assessment remaining due with interest accured to December 11 of the year in which said ptepayment ;.s made. If the assessment roll is retained by the City Clerk, the Installment and interest in process of collection on the current tax list shall be paid to the County Treasurer and the remaining principal balance of the assessment, if paid, shall be paid to the City Treasurer. The Ccuncil may by ordinance authorize the partial prepayment of assessments in such manner as the ordinance may provide, prior to certification of the assessment cr th,j first installment thereof to the County Auditor. Subdivison 0. Collection, Tax Exempt Property. On the confirmation of any assessment, the Clerk shall mail to the County Auditor a notice specifying the amount payable by an county, to the Clerk or recorder of any other political sub- division a notice specifying the amount payable by the political subdivision and to the owner of any right of way, at its prin- cipal office in the state, a notice specifying the amount payable on account of any right of way. The amount payable on account of any right tit way or public, property shall be payable to the City Treasurer and shill he payable in like installments and with like interest and penalties as provided for in r"terence to the 26.lu installments payable on account of a.ssessahle real property, except that interest accruing shall not begin to run until the notice provided in this subdivision has been properly given and thirty days thereafter have elapsed. The governing body of any such political subdivision shall provide for the payment of these amounts and shall take appropriate action to that end. If the aggeggmenr ig not ngir1 in a gingle installment, the City Trea- surer shall annually mail to the owner of any right of way and, as long as the property is puhlicly owned, to the owner of any public property a notice stating that an installment is due and should be paid to the City Treasurer. The City may collect the amount due on account of the right of way of any railroad or privately owned public utility by distress and sale of personal property in the manner provided by law in case of taxes levied upon personal property or by suit brought to enforce the collec- tion of this indebtednss unless a different method of collecting such amounts is provided for by any contract between the owner of any right of way and the City. 26.11. SUPPLEMENTAL ASSESSMENTS; RE -ASSESSMENT. Subdivision 1. Supplemental Assessments. The Council may make supplemental assessments to correct omissions, errors, or mistakes in the assessment relating to the total cost of the improvement or any other particular. A supplemental assessment shall be preceded by personal or mailed notice to the owner of each parcel included in the supplemental assessment and a hearing as provided for the original assessment. Subdivis.on 2. Re -assessment. When an assessment is, for any reason whatever, set aside by a court of competent piris- diction as to any pat --el or parcels of land, or in event the i:ouncil finde that the aFsessmont or any pact t,.eteof is excas- sive et determines on advice of the City Attorney that the assessment or prcpesed assessment or and part :hereof is or may be invalid for any reason, the Council may, upon notice end hearing as provided for the original assessment, make a re -assessment or a new assessment as to such ?arcel or parcel,. Subdivision 3. Rea9 ortionment__UU�on Land Division. When a tract of land against w i Specia�ssessment has been leafed is thereafter divided or subdivided by plat or otherwise, the Council may, on application of the owner of any part of the tract or on its own motion equitably apportion among the various lets or parcels in the tract all the installments of the assess- ment against the tract remaining unpaid and not then due if tc determines that Ruch apportionment will not materially impair collection of the unpaid balance of the original assessment against the tract. The Council, may and if the special assess- ment has been pledged to the payment of improvement warrants 26. 1 l shall, require the owner or owners, as a condition of such apportionment, to furnish a satisfactory surety Mond fully protecting the City against any loss resulting from failure to pay any part of the reapportionment assessment when due. Notice of such apportionment and of the right to appeal shall be mailed to orpersonally served upon all owners of any part of the tract. Within thirty days after the mailing or service of the notice of such appuetiunmeul, any ouch uwuec may dppadl as yLUVIded it Chapter t6.1e. Subdivision 4. Re -Assessment, Tax Forfeited Land. when a parcel of tax forfeited land is returned to private ownership and the parcel is benefited by an improvement for which special assessments were cancelled because of the forfeiture, the City may, upon notice and hearing as provided for the original assess- ment, make a re -assessment or a new assessment as to the parcel in an amount equal to the amount remaining unpaid on the original assessment. 26.12. APPEAL TO DISTRICT COURT. Within thirty days after the adoption of the assessment, any person aggrieved, who is no[ precluded Dy failure to obiect prior to or at the assessment hearing, or whose failure to so ob3ect is due to a reasonable cause, may appeal to the Ramsey county District Court y serving a notice upon the Mayor or City Clerk. The notice shall be tiled with the Clerk of the District Court within ten days after its service. The City Clerk shall furnish appellant a certified cl)py of objections filed in the assessment proceedings, the assessment roll )r part complained of, ant all papers necessary to present the appeal. The appeal shall be placed upon the claneair of the next general term commencing more than five days after the date of serving "he notice ?nd shall be tried as other appeals in such cases. The court shall either affirm the assessnent or set it aside and order a :e-assessment of provided in Chapter 26.11. if appellant does nut prevail upon the appeal, th,i costs :ncurred shall be taxed by the court and judgment entered therefor. All objections to the assess,sent shall be deemed waived unless 1,resenced on such appeal. This section provides toe exclusive method of appeal from a special assessment levied pursuant to this chapter. 26.13. FINANCING. Subuivision 1. Authors. At any time after one or more improvements are ordereA as contemplated in Chapter 26.05, th? Ccuncil may issue obligations in such amounts as it deems neces- sary to defray in whole or in part the expense incurred and estimated to be incurred in making the improvement or improve- ments, includiny every item of cost of the kinric authorized in Minnesota Statutes 475.65. In the event of any omission, error, 26. 13 in any of the proceedings required by this Chapter or or mistake by the Home Rule Charter precedent to the ordering of any impr,ivement, the validity of the obligations shall not be affected thereby. The Council shall cause all further actions require: and proceedings to be taken with due diligence that are for the construction of each improvement financed wholly or hereunder, and partly from the proceeds of cblig tio•^•s a^,i +cgi-Pd the for the final and valid levy of sperial assessments and appropriation of any other funds needed to pay the cbligations and interest thereon when due. Subdivision 2. Tyces of Obligations Permitted. The Council may by resolution adopted prior to the sale of obliga- tions pledge the full faith, credit and taxing power of the Such municipality for the payment nt the principal and interest. Council obligations shall be called improvement bonds and the the shall pay the principal and interest out of any fund of specified fund is municipality when the amount credited to the levy a suffi- insufficient for the purpose and shall each year or anticipated deficien- cient amount to take care of accumulated levy shall not be subject to any statutory or charter cies, which tax limitation. Obligations for the payment of which the full faith and credit of the municipality is not pledgers shall be called improvement warrants and shall contain a promise to pay solely out of the proper special fund. It shall be the duty of , the City Treasurer to pay maturing principal and interest on special fund and n(-,t warrants out of funds on hand in the proper otherwise. Subdivisioo 3. Method of Issuance. Ali obligations shall L)e issued in a-cordance with the prnvisiols of the Charter and be required Minnesota Statute 475, except that an elurtion shall of the improvement for bonds if less than 20 per cent of the cost be assessed against brrefited prol,erty. to the municipality is to the Council are The maturities shall be such .,s in Lhe opinion of assessments and warranted by the anticipated collections of tad except. the vair,rem levies for the City's stare of the cost; improve- Council may in its discretion .Lssue and sell temporary to be ment bonds at any time prior to completion of the work from their financed, maturing within not more than three year, be obligated date of issue, in wi,cih event the municipality shall of the proceeds of t-a pay such bond and the interest thereon out Council shall issue and definitive improvement bonds which the bonds to the sell at or prior to the maturity of the Lemporary the assessments and extent that the same cannot be paid out of other municipal funds taxes theretofore collected, or out of any appropriated by the Council for whi.rh are properly available and bonds, and the tax such purpose. The holders of such temporary U 26.11 payers of the City, shall have and may entoree, by mandamus or other appropriate proceedings, all rights respecting the levy and collection of sufficient assessments and taxes to pay the cost of the improvements financed thereby which are granted by law to holders of other improvement bonds, except the right of require such levies to be collected prior to the maturity of the tempo - idly Lards, and `hall h>... . the artditinnal rioht to require the offering of said definitive improvement bonds at public sale or if such bonds have not been sold and delivered prior to the maturity of the temporary bonds, to require the issuance in exchange therefor, on a par -for -par basis, of either new temporary bonds or definitive bonds, bearing interest at the maximum rate permitted by law. Any funds of the City may he invested in temporary improvement bonds in accordance with the provisions fof Minnesota Statutes 471.56 and 475.66, except that such temporary bonds may be purchased only nut of funds which the Council dotermines will not he reugired for other purposes prior to their maturity, and shall re resold prior to maturity only in the case of unforeseen emergency. When such purchase is made out of monies held in a debt service fund for other bonds of the City, the holders of such other bonds shall have the right to enforce the City's obligation to sell definitive bonds at nr before the maturity of the temporary bonds, or to exchange the same, in the same manner as holders of such temporary bonds. All obligations shall state upon their face the purpose of the issue and the fund from which they are payable. The amount of any obligations issued hereunder shall rot be included in determinina the net indebtedness of the City under the provisions of any law limiting such indebtedness. Subdivision 4. Funds. The proceeds from the sale of each issue of obligations anT-From callection of special assessments levied and other monies appropriate) for each itmprovem,!nt to he financed wholly or partly from such proceeds shall be credited to a separate conatructicn find which shall be used solely to defray expenses of such improvements end payment of principal and interes'_ due upon the obligations prior to completion and payment of all costs of the imnrovements so financed. Any ;valance of the proceeds of bonds remaining therein may be Used to pay the cost, in whole or in part, or any other improvement instituted pursuant to this chapter. b separate account shall he maintained in the construction ^^_ to recoti expenditures for each improvement, and when the total cost thereof has been paid, all <ubsequent collections of Especial assessments levied :or the improvements shall he credited and paid into the debt service fund for the obligations issued to finance the improvement, as provided in Minnesota Statutes 475.61. Any taxes levied for improvements financed by an issue of obligations shall he credited direO ly t the debt service fund. lb. l 1 Subdivision S. TLWirdU lTkrovement Bonds_ In is antics ation of the iasuance of im rovement bonds, [tie ccouncrl matur nrer0thtn notissue moreathan110 ethroe ears ram rt eemcntdatenos issue to pay any part or al o the cost o one or more im ro menta. To the extent that the rind al o and inter st vee- on the temporary improvement bon Is cannot a psi r an ue rom race pis —r--_T7 r.. r�raa, or other [unaa a roor�or Se at from t e roceede of tm ruvamc— tRe urecouncrl o�tbons soran ement shall offer for eale in advance of their mdturit but the OR ebte near un ed lean ssue o Lem orar m rovement bonds shalll —or Tt hr_ extended tithe issue n rid iti,_na- fomWrar im rovement bonda for more than six ears from the date o the first issue. The holders o an to; rer im rovement n s shall have and me en orce, b�man amus or of Per a ro cease roreedrn s, aall n hts rus ectin ire ev and co ection of sufficient s ecia assessments an taxes to a t iscost o� the im rovements financed by them which are granted by law to holdara o im rovement bonds exce t the ri ht to require the levies to be co ected rior to the maturity of the tempo bonds I any temporary im rovement bonds ere not aid to full at maturity, the holders may require the issuance in exc awitn a for them, at or of new Lem orar tm rovement bonds mats rin within • one year rom t e r date o issue (but not eublect to any of er mature[ limttatlonl end bearin interest at the maximum rate permitted by ar. Subdivision 6. Investment Of Other Murici°al Funds. cunds of a n nicipality mlaje be invested in its rem rar incrocement fonds in accordance with t e rovtsions o Minnesota Statutes 111.56, arm �be�u.rchase u n ter .tttta issue, but• sail "ne�ur�c aced only Lrom <un a which the rouvci�— decermines v— -iII not be re uireu-lr other cr nos a ore the matuiit ate�an� s al be -esol be ore maturI s In�cas�e u rmergency. If DUrse�Os' a do t service un securtnC other bonds the holders c those bonds ma en orce the muntci alit 's ob,i a[ onb on t Is temporary im rovement bonds in s same manner as t eY a t PetooP°rary mDrovemunt onoe_ 26.14 Subdivision 8. Federal Limitation Act. Minnesota Statutes 474.16 to 474.23 apply to any issuance of obligation took under this section which are subiect to limitation under a federal limitation act as defined in Minnesota Statute 474.16 via 26.14. S uu,vision 1a. h: rt" O!tnar nr iirrunant - The Councl t e or mary respons ty upon the property ownerTr the case of street sprinkling, or other dust treatmentalie" repair.tree trlss► n care an term= a or the o eratio—n o"a street lighting system, upon notice before the work is uoder- Subdivision 1. Ordinances. As authorized under Section 8.05 of the Charter, the Council may provide by ordinance that the cost of City services to streets, sidewalks, or other public or private property may be assessed against property benefited and may be collected in the same manner as special assessments. Such costs shall not be deemed to be "special assessments' for the purposes set forth in Section 8.03 of the Charter. Such City services shall include, but not be ltmited to, the cost of snow, ice, or rubbish removal from sidewalks, weed elimination from streets or private property, removal or elimination of public health or satety hazards from private property, instaiiation of repair of water service lines, street sprinkling or other dust treatment of streets, the trimm'.ng and care of trees and the removal of unsound trees from any street, the treatment and iemo,ral of insect infested or Aiseised trees on private property, the repair of sidewalks and alleys, or the operation of a street lighting system. Subdivision 2. Procedure for Assessment. Any spe.ic.l asc«:s:ment levied under Subdivision 1 shall be payable in sin;le installment, o: by up to ten equal annua, installments as the Council may provide. With this excepticn, Chapters 26.10, 26..1, ...a )A a ahall aocly to assessments made under this Section. Svbdivision 3. issuance of Obligations. After a contract for any of the work enumerated in Subtiv s on 1 has been let, or the work commenced, the Council may issue obligations to defray the expenses of any such work financed in whole or in part by special charges and assessments imposed upon benefited property under this Section. Chapter 26.13 shall apply to such obliga- tions with the following modifications: (1) Such obligations shall be payable not more than two years from the date of issuance; (2) The amount of such obligations issued at one time ,,ha j l .,,,r ..x,•,I the c„st of such work during the rnyurng mix mOnths as esr undted by the Council; 26. 14 (3) A separate improvement fund shall be set up for each of the enumerated services referred to in Subdivision 1 and financed under this Section. Proceeds of special charges as well as special assessments and taxes shall De credited to such improvement fund. Any balance of the proceeds of any obligations remaining therein may be used to pay the cost, in whole or in part, or anv ether fmornvn ettt instituted pursua. this Chapter or may be transferred to the fund established under Chapter 20.02. 26.15 16.15. CHARTPROVONS EFFECT . Local improvements shall be carried ouERt eISI xclusively under t e provisions of the Charter. 26.16. SPECIAL ASSESSMENT; GOVERNMENTAL UNITS. Subdivision 1. Authnrity to Assess. The City may levy Special assessments ag lost the property of a yovernmental unit benefited by an improvement to the same extent as if such pro- perty were privately owned, but no such assessments, except for storm sewers and dr:.in systems, shall be lev.ed against a governmental unit for properties used or to be used for highway tlyhts of way. A "yovernmental unit" means a county, city, Public corporation or a school district. If the amount of any such assessment, except one against property of the state, 1e not paid when due, it miy be recovered in a civil action brought by the City against the y-ivernmentaf unit owning the property so assessed. S.:,ciivisiun 1. Determination. In the case of property awned by the state or any ns•rumentality therec-f, the Council nay determine the amount that wonl,f have been assessed had the land been privately Owned. S-ich determinatior shall be made only after the Council has held a hearing on the proposes assessment after at least two weeks notice of the hearing hrs peen given by registered or ce:titied mail to the head of the iriatrimentality, department or agency having jurisdiction o er the property. T'ie amount thus determined may oe paid by the instrumentality, department or agency from available funds. If no funds a:e available, and such instrumentality, department or agency is suoEorted in whole o.- in part by appropriations form the general revenue fund, then it shall include in its next budget request the amount thus determined. No instrumentality, department or agency shall be bound by the determination of the Council and may pay from available funds or recommend payment in such lesser amount as it determines is the measure of the benefit rpce.,vcc, by the land from the improvement. Subdivision J. Exclusiveness. This section shall not modify any law authorizing the imuositio,-. of special assessments against yovernmental unite. ,J 26.11 26.17. TIME. LIMIT ON IMPROVEMENTS. When the Council det.•rmines to make any near -improvement, it shall lest the contract for all ur part of the work, or order all or part of the work done by day labor or otherwise as may be authorized by law, no later than one year after the public hearing in the improvement. 26.18 26.18. SENIOR CITIZENS HARDSHIP SPECIAL ASSESSMENT DEFERRAL. After raking a special assessmantt, the�Counnt c'lAmy may, at its discretion, ❑eiwi Luv V-Y— - •• ' homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The Council stall adopt a resolution establishing standards and guidelines for determining the existence of a hardship relative to any special assessment adopted under this Chapter. Such standards and guidelines shall he made in a non-discriminatory manner and shall not give the applicant an unreasonahle preference or advantage over other applicants. 26.19. PROCEDURE To OBTAIN DEFERRED ASSESSMENT. The eligible homeowner shall make application for deferred payment of special assessments on forms prescribed by the Ramsey County Auditor. Where the deferred assessment is granted, the Auditor shall record a notice thereof with the County Recorder which shall set forth the amount of the assessment. The council may determine by resolution the amount of interest, if any, on the deferred assessment end this rate shall be recorded by the Auditor along with and in the same manner as the amount of the assessment. 26.20 TERMINATION OF RIGHT TO DEFERRED PAYMENT. Tne option to defer the payment o specie: assessments shall terminate and ali amoucta accumulated plus applicable int_rest, s.iall become due up.;n the occutrence of any of the fol:owinq events; (1) the death of the owner, providud that the spouse is otherwise not eligihle for the benefits tereu.ider; (2) the sale, transfer or subdivision of the property or any part thereof; (3) if the property should for any reason lose its homestead status; or (4) if for any reason the Council shall determine that there would be no hardship to require immediate or partial payment. 26.18 26.18. SENIOR CITIZENS HARDSHIP SPECIAL ASSESSMENT DEFERRAL. After making a special assessment, the Council may, at • its discretion, defer the payment of that assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The Council shall adopt a resolution establishing standards and guidelines for determining the existence of a hardshio relative to any special assyssment Ad•,ptod under this Chdpter. Such standards and guidelines shall be made in a non-discriminatory manner and nA�ll y •� :^� 1i.y11-_a11i an unreasonable preference or advan- tage over other applicants. 26.19. PROCEDURE TO OBTAIN DEFERRED ASSESSMENT. The eligible homeowner shall make app [cation or a erre payment of special assessments on forms prescribed by the Ramsey County Auditor. Where the deferred assessment is granted, the Auditor shall record a notice thereof with the County Recorder which shall set forth the amount of the assessment. The Council may determine by resolution the amount of interest, if any, on the deferred assessment and this rate shall be recorded by the Auditor along with and in the same manner as the amount of the assessment. 26.20. TERMINATION OF RIGHT TO DEFERRED PAYMENT. The Option to defer the payment of special assessments shall ter- minate and all amounts accumulated plus applicable interest, shall become due upon the occurrence of any of the following • events: (1) the death of the owner, provided that the spouse is otherwise not eligible for the benefits hereunder; (2) tiie Sale, Transfer or subdivision of the property or any part thereof; (3) if the propertv should for any reason lose its home- stead states; or (4) if For any reason the Council shall determine that there would be no hardship to require immediate or , Irttal payment. 26.21. IMPROVEMENTS AHANDUNED. 1 Subdivision 1. Cancellation of Assessments. When a local improvement prnpnsod to he made by the City is abandoned before it is completed to an extent sufficient to result in benefits equal to special assessments which have theretofore been levied for such improvement, the City shall notify the agency acting a� collecting agent for such special assessment, of such fact. Upon such notltication, all installments of such assessments and ,.,..roar thereon which ae not already collected orinthe process ,if collection shall fie ranrelled I,y Audi agz: y• -rein shall prevent the ('Ity tr,xn makings reassessmvnt nothing h of any amount not exceeding the special benefits which actually accrue from the improvement to part or all of the properties originally assessed, and nothing herein shall affect the obligations of the municipality to provide funds sufficient to pay any bonds issued to finance the improvement and the interest thereon. Subdivision 2. Refund of Assessments. The Council shall instruct the City Clerk to publish and mail notice as provided for in 26.10, Subdivision 1, describing the improvement wandpald stating that it has been abandoned and that any person any special assessments levied on account of such improvement may file a claim, wihtin six months following the date of publication of the notice, for refund of such assessments paid by together with any Interest he paid thereon. Failure to give o mailed notice or any defects in the notice, shall not invalidate the proceedings. The City is not required to, but mal, pay d claims filed after the period allowed, and it may require any claimant to furnish satisfactory evidence ou[tof monlesltntthe amounts claimed. Such claims may be pe.1d fund of the improvement which .as abandoned, unless obligations have been issued payahla therefrom, cr may be paid out of mor.ieF In the general lurid. Subdivision 3. Transfer of Assessments Not Cancelled or Refunded. Any such z;sessme:its not cancellWd_undei Subdivision I above, or not refunded under Subdivision 2 above, shall b transferred to the general fund or the puUl,c improvementto costsvcfg[henir.,provementeandnifhnoteheld in aldebttredemption pay fund. 26.22. TRANtiFF.R OF FUND! AFTER IMPROVEMcNTS CUMPLETED; REFUNDS. An,, monies now or hereafter remaining n a fund heretofore or hereafter created by the City for making one or more local improvements, after such improvement or Improvements have been completed and all claims against and obligations of said fund have been satisfied, shall be transferred to the general tund or the publ!c improvement revolving fund established in Chapter 20.02; provided that the Council may, in its discretion, authorize and direct the municipal treasurer to 26. 22 to refund all or part of such montes to the persuns who paid tie assessments for the improvement or improvements following the procedure set forth in Chapter 26.21, Subdivision 2. The amounts to be refunded in respect to the assessment against each property shall be proportionate to the original principal amount thereof, is and shall be paid to the claimant or claimants who paid the last installment or installments of the assessment aggregating more than the amount t..i be refunded. No refund shall be made in respect to any assessment which is delinquent as to either principal or interest. Any installment of any assessment which is not cnller!ed ^r in the nrnress of collection at the time when refunds may be made under this section shall be cancelled as provided in Chapter 26.21, Subdivision 1. 26.23 of Tax Forefei KlCUrnea w rc avow .-�••o ----- - - ment or a new assessment pursuant to Chapter 26.11, Subdivision 4, notwithstanding that the original assessment may have been made pursuant to other general law or special law. 26.24 Water Works Systems Main Sewers Sewage Disposal Plants. The provisions of Minnesota Statues 444.075 efleeltve-- lhreegh-the-}979-rage}er-sess4en-end-were-seaeien-ef-Mey-24r---- 49a9r-ere-hereby-edepted-by-relereseer as amended from time to time, are hereby adopted by reference. 26.25. FEES AND CHARGES FOR TAX FORFEITED LANDS KF1`Kncv To PRIVATE UWNERSHIP. When tax or elteu an„ is returned -- • private ownership and the land is benefited by a public improvement for which special assessments were cancelled because of the forfeiture, the City that made the improvement may impose fees or charges for the use or availability of the improvement or for connections therewith in an amount not to exceed the amount remaining unpaid on the cancelled assessment. The City may make the fees or charges a charge against the owner, leesee, occupa,it, or al: of them and mal certify unpaid fees or charges to the kamsey County Auditor wish taxes against ttie property for collection as other taxes are collected. r 0 32.01 CHAPTER 32 THh: PLANNING C•(iMMISSION r32.01 Establishment. A Planning and Zoning Commission for Mounds View is hereby established. 32.02 Composition. Subdivision 1. Appointed Members, Terms of Office. The Planning and Zoning Commissim shall consist of not less than seven nor more than nine members from the resident population of _1C�tCd Cn A nnhl it bex1V. CG be Mounds View, other tban pa, nv.,S •- appointed by the Mayor with approval of the City Council from applications submitted. The appointees shall have three-year staggered terms; at least two of theseterms, but not moQenthants three terms, shall expire each year on December 31. App to till expired terms are to be made each year ar the organiza- tional meeting of the City Cnnncil in January. The Mayor, with approval of the City Council, shall appoint a Chairperson. Subdivision 2. Designated Members. In addition to the nOn-voting members shall be designated appointed membership, two by the City Council, one member from the city administration and one from the City Council, to serve as liaison to the Planning and zoning Commission. The term of the appointments shall ordinarily be for one year, except that they will terminate with the office from which the non -voting appointment is derived. 32.03 Qualification of Members. No person shall be appointed with private or personal interest likely tointedlshall ict with the general public interest. If an personappointed find that his private or personal interests are involved in any matter coming before the Ccmmission, he shall disqualify himself trom taking part in action on the matter; alternatively, he may be eiisquatified by a two-thirds majority vote of the Commissioners in attendance. 32.04 1ppcintment, When Effective. Th: appoint^es shall be duly sworn and take office at the first regular neeting of the Commission in the month rf January each year. Both orginal and successive appointees shall hold their offices until their successors are appointed and qualified. 32.U5 ory anizatim McEtinys. Subd.vision 1. Regular Meeti❑ . t,t the first regular meeting in January, the Commission shall elect a vice-chairman from among Its appointed members for a term of one year. The Commission may create and fill such other offices from its members as it may determine to transact Commission business. The Commission shall. hold at least one regular meeting each hall month, on a day, and at a time and a Elate which the Commisiior� by resoluti)n. 32.OT' t in us sion 2. Regular Commission m� ,l0 o.m. at the ii..�ina rruular mr•ol iroL. Subdivision a. 1. Voting Previleges. EcnoL cue appointed members shall have equal votin hg privileges - subdivision 3r 5. uorum. A majority of the appointed voting Commission members shall constitute a quorum. Subdivision 4r 6. aie! , Records. The Commission shall ts adopt bylaws for its yTverence be and for he anaannualobasislat the business. the by secretary, who first regular meeting in February. A recording appointment, may be recommended by the Planning Commission for shall keep a record of attendance at Commission meetings, each question re- record of resolutions, votes and abstentions nn public quiriny a vote. The record of the Commission shall be a p record. 32.06 Ex2enditures. The i:ommi,.sioa rla request from the City Council the employment of such staff, technicians, and experts as may be deemed proper, and may request such offer funds as may be necessary and proper for the conduct of its affairs. 32.07 Reports, The City Council may request an annual report from the Planning Comlai",ion of its works during the pre- ceding year. 1 membart of this Commission mall 32.08 Compensation. Al serve without compensation. 32.09 Vacancies. Subdivision 1. R_mol'al fr_�iCe. An appointed member of the Coalmi°'�ion may ba removed from office for just cause and public hear - on written charges by at least tour'fifths vota of the entire e}sl±d-member- City Council, but such member shall be entitled to a ing before such vote is taken. n-a�dlt4enr-an-emP @emm4sstenr It eley-be-removed-for-fen-aetendenee-el-P>tenninr-Eemmise:en-meeeeng es-prevtded-t:n-the-Bylaws-edepted-br-the-Commisng- ahall be the duty of the Chairman of the Commission to notify the City Council promp�ly of any vacancies occurring in membership. The Mayor, with approval of the City Council, ehaplointment. I." cancies, for the unexpired term of the on final a e additionL all ancetatePlannDnr CommbssionoMeetved Dn shasCirovioedcin or nona__-. r +� rnmmission the Bylaws adepte b t 0 Plano to�"i" i�' Memb o,s -lot attend 20 reijularlyschedule meetings pyer Year• -----------------------------------------------------------33r94 fol --------------------------- -CHAPTER-33--------------------------- ________________iMWSiRiAb---------------- ------- 33r94r--BSTABbfSNMSNTr--A-Mennds-Y4ew-*Rd"str4e4-eemm4e--- s4en-4a-hereby -eseeb44shed r-------------------------------------- -------33r92r--BBFENf�fdNSr - -------tii-'Mon:eipeiiey'-ee-reed-4n-lh4e-ehepeer-ref ere-ee-lhe-- e4ly-ef-Mennda-Viewr---------------------------------- -------t3i-aeesm4ss4en'-ea-need-4n-lhia-ehepler-refers-le-the---- fndwstr4e}-eemw4ssien-ereeeed-4n-33r93r--- -------43+-seewse44'-refers-le-the-Mwn4etpe4-eenne44-ef-Mewnds--- ----------- V4srr------------------------------------------------- --33r93r--e9NP69ili6Nr--lhe-eemm4ss4en-she}}-eena4st-of-ehe- seedM:rs-ef-the-BtIT y-eew�}-end-rp-le-lee-ether-eewbera-eppeineed by-the-Meyer-fer-e-lean-ef-three-yeerer--A}}-eppeineeea-shn}}____ he}d-lhe4r-off4ees•-nnl4}-EMe4r-aweee+mere-ere-eppe4need-end------ gwe44f4edr--Vaeeneiee-dnr:nq-the-t:..n-she}}-be-f4i4ed •es-ptev4ded fer-4n-this-creelian� every-mer..►er-•Aw33-•eke-an•-meth-thee-he---- r}}}-fetlhlw}}y-d4aeherge-the-dwe}ea-ef-h4a-effieer--•------ -------33r94r--bPFfFBRSr--yhe-eemm4ae4en-she}}-e}eel-e-eheitmen-- frem-emenq-4ts-members-fer-e-term-ef-ene-yeert-end-the-Femur:ae:en mey-eresee-nod-fii}-moth-elher-offreea-es-it-mey-determiner------ -------33r95r--MBRyiN66r--fhe-ermniras4en-shn}}_he}d-moth-reeeings ee-il-deems-neeeaaery-en-e-regnier-er-4rregwier-bea4set-lh+-ee}} ef-the-etie4rmenreweeplr-the!-ene-Femmiea4en-then-mete-el-ieeel- ence-dor4nq-the-nenth-aE-drnnery-ef-meth-yeee-en-ergen4ter--yhe-- Femm4esien-mey-edepe-rn}ee-fer-the-errneaec4en-ef-bneinees-end--- ehe�4-keep-m4nwlee-ef-a}}-meeeinger-ene-ropy-ef-wh4eh-she}}-be-•- rele4ned-by-lhe-Qewm4ss4en-end-ene!het-espy-le-le-f4ied-w4lh----- eevne4ir--Prier-le-denwery-3l-ef-eny-l4ven-ysaer-the-eesr4es4en-- ahe}}-ewbmil-ee-the-eenne44-e-fri}-tepee!-ef-4ls-rerh-drrin!-ehe- preeed4nq-peen------ -------33r96r--R9966lr--By-6eplember-}el-ef-tech-yeerr-the-eem--- m4ee4en-she}}-erbm4e-le-the-eewne4}-e-bndgee-fer-the-ennw4nq-•--- yeetr--After-edeplien-of-the-snore}-bndgeer-the-eewne4}-w4}}_____ nel4fy-the-eemm4aa4en-whet-fwnde-r4}}-be-made-eve4}eb4e-ef-4e-fer iee-epereeinnr- ---------------------------------------------- r ------- 33r@4r--PNRPB66r--The-eeauetasten-ta-ergaAtred -te-eArse role the- 4eeelten-and -expena4Or' -wtthtn-Mounds-Vtew-ef-see treb}e-4ndns- trte}-end-eeaueerete4-dewe}epmeetr--The-gea4-a#-the -eeeetaatom ---- sha##-be -te-#eeste-aneh-deve#epment-en-property-preper}y-coned --- fer- the -pertten#er-user- and -le-eneenPage -deve}epments-that -wt}}-- tnereese-the-lax-base-nf-ehe-Mnnte4pe}#ey rprev4de-jebe.-eervteea end-feet#4ttee-fur-lhe-reatdenls-ef-lAe-Muntetpe#tlyr-se-we##-es- the -surreund4no-emmuntttesr-!ah#ne-tole-eewwtd••w♦<ew-•A•-.ss.•• of-sueh-deve#opeenrs-on -ehe-envtrenwen!-and-snntetpa3-pub#4e----- net}t!y-ayelear-------------------------------------------------- -------33r9Br-PBNE�f9Nr--qe-eeeeiap}#ah-lhe-pnrpeae-for-rh4eh-the eeeataeten-hea-Aeon-creeledr-lhe-Fecuc#ee#en-4s-dtreeled-le-uae--- !he-neeeaeery-Beene-le-eegnetn!-tndnslr4a#-end-eexiwereta}-------- deve#epere-r4eA-ehe-}end-eves#eb##fey-end-fee4#fetes-}cooled-#n-- Mennde-v*ewr--Beetetena-re3el4ve-le-aen#nq-end-pub#:e-n!##fly---- tmpreveaenta-ere-se#e#y-wtlA4n-ehe-jnr:edtelten-ef- the- P#anntng-- �exuxtesten-er-eeunet#r-end-ehe-eexuc4aa4en-hereby-reeegn4cee-that- as td-deetatena-are -pa reeenn!-le-lAe-eexuxteetenla-purposer-------- -------33r99r--BNW}BSr--9'he-eex+x+tss:en-she}}-perfere-ouch-dultea- as-tt-msy-be-frewe-ti e-to-ltee-d4reeled-by-ehe-eeune44r---------- -------33r#9r--14tlNfe#PAb-9PP}ofAbS-?O-eeePBRAp6r--A4#-Munte4pe}-- effte#e#s-ere-d*reeled-le-eeepereee-w#!h-ehe-ee��taa:enr- 1 34.U1 CHAPTER 34 PARK AND RECREATION COMMISSION 34. U1. ESTABLISHMENT. There is hereby established a Park and Recreation Commission for the purpose of advising the Council on the operation of public recreation, parks and playgrounds, pursuant to the authority of this chapter. The Parks and Recrea- tion commission is reterred to herein as the "Commiss.on'. 34.U. COMPOSITION. The Commission shall consist of seven members appoirted by the Mayor with the approval of the majority of the Council. The Mayor, with approval of the City Council, shall appoint a Chairperson at the first regular meeting of the Council in January. 34.01. TERMS AND VACANCIES. ( I ) Members of the Commission shall serve three-year staggered terms, with terms expiring December 31 of each year. All appointments are to be made each year at the first regular meeting of the Council in January. Both original and successive appointees shall nold t'.eir offices until their successors are appointed and qualified. (.) Vacancies during Lhe Lerin bhali be fiiied by the Mayor with the approval of the majority of the Council for the unexpired portion of the term. Every appointed member shall, before entering upon the discharge of his duties, take an oath that he will faithfully discharge the duties of his office. No member shall be personally in'erested in any contracts in which the Ccmmission may enter. 34.U4. COMPENSATION. Members of the Commission shall sere without compensation. 34. Or. REMOVAL FROM OFFICE.-Anr-mcmoer-of-lhe--------- Femmtastem -may-be- removed- tf- three- eenere"ttve-meettngs-are------ mtssed-w4thent-a-va}td-reesonr-tf-the-Femmtasten-dnites-err-net-- fetlhfn}}r-eerrted-one-end-for-eense-do}f-fenndr-br-a-ewe-lhtrds- vote -eit-the -Eemmtssten-members-are-einsent-of -the-Connet}r An ap ointed member of the Corimissien ma be emofrom office fur just cause an on written charoes by at lerasvedt our -fifths of cne entire city Council, such member may be entitled to a bublic s taken. It rman Ot the Commission to n vacancies occurino in membe or the Cltv Council, shall fill such v or the original appointment In addition, an appointed r may be removed by the City Council or non-attendance at rarit ana Kecreation commission meetln a it a Commission Member does not often nine regularly sche u e meetings Der veer. G 34.06 34.06. ORGANIZATION. The Commission shall select a Vice Chairperson and Secretary from its membership who shall serve for terms of one year. At its first meeting the Commission shall adopt rules of procedure and elect the two officers. it shall amend the rules from time to time, as is necessary. The Municipal Attorney shall act as attorney for the Commission and the Municipal Engineer shall act as its engineer. 34.07. MEETINGS. The Commission shall establish regular ` a meeting dates, nut special meecinyb ...ar ,•: �^..,,ed n., nu office of the Commission upon three (3) days notice to all members. The Commission shall meet at least twelve (12) times in each calendar year. .4 majority of the appointed members shall constitute a quorum. 34.08. BUDGET OF FINANCES. (1) The Commission, through the City Parks and Recreation Department Staft should present, no laser than August 1 of each year, a proposed budget, in such details as the Council shall require, of the financial needs for the ensuing fiscal year to operate and maintain the Parks and open Spaces as well as pro- viding recreation programs. (2) The Commission shall advise the Council to establish charges or fees of the restricted use of any facilities or to make any phase of the recreation program wholly or partially self-sustaining. 34.09. POWERS AND DUTIES. In order to cagy on the recreation program VOvided herein, the Commission shall: (1) Advise sae Council or. employing necessary personnel and fix their compensation, but such employment and compensation shalt not be. an ohligatian of the Mucicipality until approved by the Council. (2) Under the direction of the Citl Council, the Commis- sion shall advise Ci'_y staff to operate a program of public recreation and rlaygrounds upon property which is owned cr other- wise made available to the municipality for such public recrea- tion purpose. It shall recommend =oPt`e foouncil their recreationalle3sing or acquisition of real or personal property usa as it deems desirable but the Commission shall nct hLve the authority to acquire land or construct buildings in its own name. Any equipment or recreational facilities shall belong to the Municipality. (3) Advise the Council of leasing real or personal property or both for public recreation use for periods of not longer than one (1) year. 34.09 (4) Maintain and care for all property which it has Oft acquired or which has been assigned to it for public recreation purposes. (5) Make periodic inventories of recreation and park services which exist or may be needed and to interpret the needs of the public to the Council. (6) To cooperate with other park and recreation depart- ments, schools, and private agencies for establishment of a joint cowers agreement to nroviric _ -A _ _ _ _ City residents. - .. W L ie (7) Interpret the policies and functions of the park and recreation department to the public. (8) Advise the Council and Administrator in the prepara- tion of the annual budget and long range capital improvement programs. (9) Formulate and prescribe reasonable rules and regula- tions for the use of the general public of any facilities in any park area. (10) Advise the Council on constructing roadways, paths, buildings, fountains, docks, boat houses, bath houses, refresh- ment booths, amusement halls, pavilions and other necessary structures and improvements in parks. The Commission ma; advise the Council on making contracts and leases for the construction and operation of these facilities for terms not exceeding ten years. Every such contract and lease shall provide that the structure shall be operated for the public use and convenience, and that the charges shall be reasonable and it shall reserve to Lie Com:ission power to prescribe reasonable rules and -agula- tions from time to time for the conduct of the privilege. (11) To communicate regularly with the City cou:ic.l and Planning Commission through joint meetings ani meeting minuce_s. (12) be aware of the role and se rJi,es provided by athletic organizations wit,iin the community. (13) Advise the City Council regarding sanitation and reforestation prcgrams within the City. (14) Do whatever other v.ctE are reasonable, necessary and proper to carry out their prescribed powers and functions as set forth herein. 34.10. DELEGATION OF POWER. The Council may establish such rules and regulations for the administration of this chapter as it may deem necessary and may delegate such rule making authority to the Commission and the Commission shall have power to make such rules and regulations pursuant to delegated author- ity as it deems necessary for the purpose of performing its duties as herein set forth. 39.14 (2) The materials, construction and attachment of any such sign shall meet the same standards and rr-quirements as roof signs. Subdivision H. Hanners, Temporary or Portable Signs. Banners, temporary or portable s uns are not permitted in tt ------f}}--�rmperery-signs-enC-banners-elEeehed-ee-eny-bu+}d:ng- entl-sans!rusted-ef-eenvenr-p}estte-melertelr-elath-er-ether------ meter 4e}_wttn-er-rtthe" t-fremewnrkr-she}}-be-atrenq}y-eenstrueeed and- she}}-he-seenre}y-atleehed-M-lhr4r-snpperMr--they-ahn}}_be- remeved-+*me 4udtmg-el}-fremewerk-end-snpperla+-as -aeen-ea- dam aged er-tern-end-to-ne-ease-+&ter -that-24-deys-efler-ereettamr-----•-- -------t�+--Hanners-enA-eemperery-atgna-shelF-nee-be-larger-ehen- }29- square- feet - in- arra-tier-eeeh-B9-feet-at -bnt4dtng-frem tege---- fhrre-sha++-nee-he-mere-then-nne-lemperery-atgn-an-eny-but}ding-- frenteger-------------------------------------------------------- -------+3+ -Na-banner-er-eemporery-atgn-she +}-pre?eet-ever-pnb}te properly-ar-right-af-reyr-bnl-may-exlend-e-maximum-ef-six-f6+•--- tnehee-frem-the-fete-e4-the-but}A4neir---------------------------- -------M +--benner•a-end-eemporery-stryts-nhn++-net-be-hang-se-ea-- ee-sever-etlhee-parl4e}}y-er-temp}see}y-say-deem-wendewr-er----- epentng-rcgntretl-far-vrnet}eltear-------------------------------- --f5+--Ne-eemperery-atgnr-banner-nr-per:eb}e-saga-she}i-be-- leeeled-en-any-malttp}e-reatdenr_t-eemmerete}-er-4ndnalrte}------ preperey-en-the-Ftly wtehen!-ftrse-ebletntng--e-perm-�e-lhrrefer--- frem-lhe-Fteyr--}f-ehr-city-deter�tnra-le-grans-en-epp?tcelten--- fer-e-permit-far-any-sneh-temperbry-etgnr-bennrr-nr-portable----- stgnr•4!-eey-tmpese-eendtetans-open-the-grenteng-Mere etr-en3-a- he44-Se-un}ew+n}_!e-4eeeee-mr-naineetn-eny- neD-sign-er-Dan----- nertng-far-e-:ginger-prrted-er-an-e-dtfteren!-manner-than-that---- ape�lfeed-tn-she-permit;--Ne-eneh-permit-sho}l-be-greased r------ hewrverr-wh.ere-eneh-eemperery-atgnsr-banners-er-parts ere-preh4btled-by-elher prevtstens-of-the-Feder------------------ -------f6+---ho-pertable- stein-er-lemperery-stein- she}}-exeeed------ lhtrey-lwe-H�+-agnere-rase-an-eneh-rider------------------------ -------Nl--Na-parlab}e-atgnr-lemperery-atgnr-er-banner-she}+-De- leeeled-en-eny-praperly-4n-the-ftly-far-mere-&hen-�}_days-el-ene- ltme-or -fer-mere -then -three -14-day- per teda-en-eny-am e-yea rr------ -------}H+--The-Fenner}-may-a++ew-edmtntst Pat tve-approval-ef-stein tnelelleltenn-far-signs-ef-:senates}-eeatgn-being-:naeetletl-by-e- bnneneee-nr-tndevtdnelr--Hnee-Fennell-eeprevel-has-been-ebee4ned- fer-e-pertte&}er-atein-deatgnr-she-epp+teens-may-reeetve-edm:nta-- erettve-permtee-far-the-tnaee+!eaten-of-sash-sfgn-from-the-Flerh- 39.14 AdmtnteeraMr-fn}}ewtnq•sebmtele}-ef-et}-re}even!-trfermecten-es nel4tned-tn-5eelten-d9rN9-ef-lhts-Pede-end-reeetpt-ef-epptteehte- feeer Subdivision 9. Truck Srons, The following standards shall be maintained for —trick signs: (1) All signs posted upon any truck, or semi -trailer body, cr other mobile device shall be subject to rhA vi Lhin chapter ana section. -'-- Subdi•ision 10. A2plication of Other Provisions of this Section. Temporary signs as defined in 39.01 (17) shall comply Lith t e provisions of Subdivision B herein. Subdivision 11. ApprovaI of Sign Permit Applications. Upon presentation of application, permit tee, plans and specifi- cations and other required information, the sign construction permit shall be issued by the Clerk -Administrator, except as provided in Subdivision 12 of this chapter. Subdivision 12. 3 ecial Approval from Council. In the case of an appliCation :or a sign requiring a special permit, or which will be illuminated, or moving, or of unusual height, size, oesign, or location, the Clerk -Administrator shall refer such sign to the Council for approval. No permits for any such sign, so referred, shall be issued without first obtaining the approval of the Council. Subdi✓is:on li. Future Permits. A permit shall not be issued for any new hillboard or advertising sign located off the premises where the advertised product is sold, if such bi,lboard or sign would be within three hundred (300) feet of a.iy other such oi!1Goard cr sign already in existence. Any billboard des- troyed by an act of Gcd may Le rebuilt within thirty (30) days, if the construction of same would comply with this sabdivisior. Subdivision 14. Electioneering Sians. The following regulations shall apply t� all campaign signs for pol ticel candidates ar issues: (1) No more than one elect ioneeri.ig sign shail be erecteu per candidate of issue along each street frr, tage of any parcel of land. (2) Electioneering signs shall not exceed twelve (12) square feet and not exceed four (4) feet in height above the ground except, where such .signs are located no closer than one hundred fifty (150) feet to the property line of a residential dwelling, the maximum size shall be thirty-two (32) square feet and the maximum height above the ground shall be six (6) feet. , 1 �I 4U. UL (100) Story. That portion of a building included beneath the upper surface of a floor and upper surface of floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling of roof above. if the finished floor level directly above a basement or cellar, or unused underfloor space is more than six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such `,a eamacnt c113. ... ... u, -d „nderf!rl r CnAOP Sf1811 be considered as a story. (101) Street. Any public or private way set aside as a permanent right-of-way for vehicular access forty (40) feet or more in width if it exists prior to May 9, 1960; and any such public right-of-way fifty (50) feat or more in width after May 9, 1960. (102) Structural Alteration. Any change, other than Incidental repairs, in the supporting members cf a building or structure, such as bearing walls or partitions, columns, beams or girders or any substan- tial change in the roof or exterior walls. (103) Structure. Anything erected, the use of which requires more or less permanent locations on the ground or attached to something having a permanent location on the ground. (114) Townhcuse. Single family owner occupied attached units in structures housing three (3) to eight (8) dwelling units, continuous to each other, only by the share of common walls, and each dwelling unit sha'.1 have separate and indi,,idual front and rear entrances. Sich structures to be of the row or cluster house types as contrasted to multiply. dwelling apa-tment type structure:.. (105) Travei Trailer. A non-motori?ed dra�+n vehicle designed to servo. wherever parked aA a temporary dwelling and/or place of business. (106) Underground Storage Tanks Underground storage_ tanks, other than residential septic tanks, Are defined as tanks that are placed underground or the storage of regular gasoline, unleaded gasoline, diesel fuel or any other products. (lo 6 )Use. The purpose or activity for which the land or 7 building thereon is designated, arranged, or intended, or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by he performance standards of this Code. (111 9 )llseable_U�en SkAce. A required ground area or H tern;1e area un a lot which is ,traded, developed, 40.02 i landscaped and equipped, intended and maintained for either active or passive recreation or both, avail- able and accessible to and useable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways and parking areas shall not constitute useable open space. (10 0 9) variance. The waiving by Board action of the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration. (1 09 10) Yard. A required oEen space on a lot which is unoccupiee and unobstructed from its lowest level to the sky, except as otherwise permitted in this Code. A yard shall extend alonq a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. I11 A 11 Yard, Front. A yard extending along the full width of the front lot line between side lot lines and from _he abutting front street right-of-way to the front building liue in uepth. (11 i 2i Yard, Rear. That portion of the yard on the sdme lot vith the principal building, located between the rear 5uilding line an specified in the yard regulations for the district in which such lot is located and the rear lot lane and extending the full width of the lot. I11 Z 3) Yard, Side. 4 yard extending along a side lot line between the front and rear yards, having a width specified in the yard regulations for the district in vhicn such lot is located. 40.0: NCN-CONFORMING BJILDINGS, STRUCTURES AND USE: Subd. A Purpose. It is the purpose of this Section to Frovide for the regulation of non -conforming buildings, struc- tures and uses and to specify those requirements, circumstances and conditions under which non -conforming buildings, structures and uses will be operated and maintained. The zoning code establishes separate districts, each of which is an appropriate area for the 40.04 fft street, except properly constructed chain link fences. Such chain ItnK fences shall not exceed forty-eight (48) inches in height from the grade level at the lot line and shall have openings in the wire mesh of not less than one and five eighths (1-5/8) inches nor more than two and one fourth (2-1/4) inches. Such fences may follow the lot line to the lot corner. The thirty (30) feet restriction nntart ahnwa ah.11 .e� ..f ♦hn .. l., f"- l connecting the twopointson intersecting lot lines that are each thirty (30) feet frc4n the :ot corner. (3) Except as provided in (2) above, fences not to exceed 48 inches in height may be located on any part of a lot. F^nces, not to exceed 96 inches in height may he erected on any part of a lot behind the front line of the principal building. (4) In all zoning districts the lot area remaining after providing for off-street parking, off-street loading, sidewalks, driveway, building site and/or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping. (5) Any fence shall be so constructed Oat the surface facing adjoining properties or ,ublic right-of-ways shall be of finished construction. (6) A fence shall be installed on the applicant's property. The fence shall not be installed directly over the property line. Subd. I Ro?uired Fenci.iq, Screening and Landscaping. The fencing and screening required by this Code shall be subject to Section 40.04, Srbd. H, end shalt _insist of elthar a fence or a Preen belt planting strip the beigh. of which shall be sufficient to adequately s,ield the activity from the aoutting properties. (1) A green belt planting strip shall consist of ever;reen ground cov(r and shall be of sufficient width and density to provide an effective screen. This planting strip shall contain no structures or other use. Such planting strips shall not be less than eight (8) feet in height. Earth mounding or berms may be used but shall be limited to an average of five (5) feet of the height of the required screen. The planting plan and type of shrub shall require the approval of the Planning Commission based upon a recommendation of the City Engineer and Building inspector. (2) A required screening fence shall be constructed of masonry, brick, wood -)r steel. Such fence shall provide a solid screening ettoct and not exceed eight 40.04 Subd. R Toxic or Noxious_ Matter. No use shall, cor any period of time, discharge across the ^oundar;e= of the lot wherein it is located toxic or noxious matter of such concen- tration as to be detrimential to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property, bustles' or persona. Subd. S Ezpinsives. No activities involving the ortproducts whicA utilization or ma�iu— --- permitted excepi could decompose by detonaaut� shall be authorized by the City Council such as are spe^ifically au or allowed below. Suc`toatefials shall include but not be confined to; all primary p ls, such ives and oxide and leaa sulphate; all high exp boosters, such as TNT, RDS, tetryl and ammonium nitrate, propellants and components thereof such as orate and nitrocellulose, b4aet-powder sivesammon,usuchrasldynamite, nitroglycerine; blasting explosives, Y� powdered magnesium, potassiuchlorate, potassium permanganates and potassium nitrate; and nuclear fuels ch as uran and reactor elements suium 235 and plutonium. ) pound The possession and storage gmor andfno moreenone i thantwenty(20) of black sporting powder pounds of smokeless powder shall he allowed provided it is stored in its original container. Subd. T 40.P5 YARD REOUIRF.MENTS spce Subd. A a—,t areas tobesprovidedction dforlinpeachnimum zoningaddistracts in Subd. H No lot, yarn or other open space shall be reducedard open area cr dimension so as to make such lot�his Code, and if space less than the minimum required by the existing yard or other open space as existing is less than the minimum required it shall not be further reduced or No required open space provided about oft anyanytopenbuldingspace structure shall be included as a p required for another structure. isted in le Subd. C shall beameasured nfrom the appropriate e appropriatelotblinee.low, . 1 40.04 street, except properly constructed chain link fences. Such chain link fences shall not exceed forty-eight (48) inches in height from the grade level at the lot line and shall have openings in the wire mesh .(t not )r¢s than one and five eighths (1-5/8) inches nor more than two and one to�rth (2-1/4) inches. Such fences may follow the lot line to the lot corner. The thirty (30) feet restriction noted aunve shal I consist of cite le lanyie jvuuo.i t:y connecting the two points on intersecting jot lines that are each thirty (30) feet from the lot corner. 13) Except as provided in (2) above, fences not to exceed 48 inches in height may be located on any part of a lot. Fences, not to exceed 96 inches in height may be erected on any part of a lot behind the front line of the principal building. (4) In all zoning districts the lot area remaining after providing for off-street parking, off-street loading, sidewalks, driveway, building site and/or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping. (5) Any fence shall be so constructed that the surface facing adjoining properties or public right-of-ways shall be of finished construction. (6) A fence shall be installed on the �licant's property. The fence shall not be installed direct ovur_the proper[�line. Subd. 1 Required Fencing, Screenino and Lan dsc-piN. The fan:ing and screening required by this Code shall be subject to Section 40.04, 5ebd. H, ann shall consist of either a fence or a green belt planting strip the haicht of which shall be surticient to 1(4e,,uately shield the activity from the abutting properties. I1) A green belt planting strip snail consist of evergreen ground cover and shall be of sufficient width end density to provide an effective screen. This planting strip shall contain no structures or other use. Such planting strips shall not be less than eight (8) feet in height. Earth mounding or herms may be used but shall be limited to an average of five (5) feet of the height Of the required screen. The planting plan and type of shrub shall require the approval of the Planning Commission based upon a recommendation of the City Engineer and Building Inspector. (2) A required screening fence shall be constructed of masonry, brick, w0011 or steel. Such fence shall provide a solid screening ett�ct and not exceed eight 40.04 Subd. R Toxic or Noxious Matter. No use shall, for any period of ' time, discharge across the boundaries of the lot wherein it is located toxic or noxious matter of such concen- tration as to be detrimential to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property, business or persons. subd. S Ezolosives. No activities involving the storage, nr .arnnfartnre of materials or oroducts which could decompose by detonation shall be permitted except such as are specifically authorized by the City Council or allowed below. Such materials shall include but not be confined to: all primary explosives, such as lead oxide and lead sulphate; all high explosives and boosters, such as TNT, RDS, tetryl and ammonium nitrate, propellants and components thereof such as nitrocellulose, b4sek-powder ammonium perchlorate and nitroglycerine; blasting explosives, such as dynamite, powdered magnesium, potassiuchlorate, potassium permanganates and potassium nitrate, and nuclear fuels a,-.1 reactor elements such as uranium 235 and plutonium. The possession and storage of no more than one (1) pound of black sporting powder and no more than twe.,ty (20) pounds of smokeless powder shall he allowed provided is is stored in its original container. Subd. i Underground Storage Tanks. Underground gzs storage tar_ks shall satisfy state and faderal laws. If a lot has one or more underground storage tanks and the business on that lot is closed Eor one yeat, the underground storage tanks shall be removed or filled. If the closed h„siness fails to remove or fill the underground storage tanks after n cat' by the City in writing, the City steal: have the right to fill or remove the tank. The test of a ch work shali be assessed to the property. 40.05 fARD REQUIREMENTS Subd. A Purpose. This sectinn identifies minimum yard spaces and areas to be provided for in each zoning district. Subd. 3 No lot, yard or otner open space shall 7e reduced in area or dimension so as to make such lot, yjrd or open space less than the minimum required by this Code, and if the existing yard or other open space as existing is less than the minimum required it shall not be further reduced No required open space provided about any buiidiny ur structure shall be included as a part of any open space required for another structure. Subd. C Ali setback distances, as listed in the table below, shall be measured from the appropriate lot line. 40.07 unless upon application for a variance of this restriction the Board of Adjustment and Appeals finds that it is in the interest of public safety to waive such. Medium density residential (two (2) to six (6) units) may have two (21 curb cuts, provided that each individual cut does not exceed twelve (izj veer an(i ti,ai iimi, bui'iacc:; a-,c .. minimum of torty (40) feet apart. (2W j. Surfacing. All areas intended to be utilized for parking space and driveways shall be surfaced with materials suitahle to control dust, drainage, and erosion, meeting the requirements. of Chapter 44.05 and shall be installed within one (1) year following is,uance of the building permit. Except in the case of single family and two family dwellings, driveways and stalls shall be surfaced with a six (6) inch class five base and two (2) inch bituminous tnpping, or a full depth bituminous equivalent. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall he submitted to the City Engineer for his review and the final drainage plan must receive his written approval. k. Str iinn1. Except for single, two family and townhouses, all parking stalls shall be marked with Otte ellow painted lines not less than fcur 14) inches wide. I. Liyh;ing. Any lighting uaed to illumi^.ate an uff-street parkiny area shall ba so arranged so to reflect the llgct a.ay from adjoining pr3perty, abutting residential uses and public right-of-ways and ae in compliance with rectin 40.04, Subd. T of this Code. m. Sighs. No sign stall he so located as to restrict the sight lines and order.y operation and traffic movem,-nt within any parking lot. All signing must conform to the Mounds View Sign Code (Chapter 39). n. Curbi22 and Landscaping. Exrept for single, two wily and townhouses, all open off-street parking shall have a perimeter curb barrier around the -:or entire parking iui, said cart ba:.. shall not he Closer tha:i five (5) feet to any lot line. Grass, plantings or surfacing materials shall be provided in all areas bordering the parking area. d. Required Screening. All open, non-residential, off-street parking areas of five (5) or more spaces shall he screened and landscaped trom 40.09 Ill Appeals and questions of doubt concerning the exact location of a zoning district boundary line shall be heard by the Planning Commission serving as the Board of Adjustment and Appeals. (2) when any street, alley or other public right-of-waY is vacated by official action of the City, the zoning Aistrict a Matting the id alley or v-.a,tshall er nfa notbeaffected by otner puui io- .v••- -- such proceeding. 40.10 R-1, SINGLE FAMILY REbIDENTIAL DISTRICT Subd. A pUrpOSe. The purpose of the R-1, Single Family District is to provide for low density single family detached residentiai dwelling units and directly related, complementary uses. Subd. B The following are permitted uses in an R-1 Districts (1) Single family detached dwellings- (2) Boarding lhousel home - foster children: Restricted to a family dwelling in which children out of their own homas, age sixteen (16) years or under, or in the case of mental retardation aye twenty-one 1 21 ) or under, are cared for twenty-four (24) hours a day for a period of thirty (30) days. The number to be cared for 4boarding sO) home shall^ noteochildster u execedfive (5),including the foster family's own children. ing (3) wDayhich Care ter e, sutcted ervisconaandmtraininglfor in which foster are, p children of schoo'. or prEarthOflaage out of than e own home is provided due ng p ss twenty-four (24) 'sours) with n(, overnight accomm><ations or facilities and children are delivered and removed Oaily. The number to he cared for ic. one 11) day care home shall not exceed twelva E4ve-49+ (12) including the famity's own chi. ren. (4) Public parks and playgrounds. (5) Essential services. Subd. C The following are permitted accessory uses in an R-1 District: (1) private garages, parking spaces and carports as regulated by Section 40.07 (0ff-Street Parking) uI this Cnde. Private garages are intended solely for storage of the private passenger vehicles of the --- - ---'48.06 9. The a me period for commencement and completion of the development, including time for staging of phdevelopment, if applicable. 10. Design specification and plan for all sediment and erosion control measures as well as all grading anj :rainaoe appurtenances dnd practices. c. in the case of a minor development or change and/or development involving a single family detached or roaitianra, the aoOlica'lt may be exempted from strict compliance to certain require- ments of this ordinance, upon approval by the City Council. Subdivision 5. Time of Permit - Extensions and Renewals. A permittee shall begin the work authorized by the permit within ninety (90) days from the date of issuance of the permit unless a different date from the commencement of work is set forth in the permit. The permittee shall complete the work authorized by the permit within the time limit specified on the permit, which shall in no event exceed more than twelve (12) months from the date of issuance unless such time limit is extended by the Council. The permittee shall notify the City a: least forty-eight (48) hours prior to the commencement of work. Should the work not be commenced as specified herein, the permit shall become void. 48.07. EXCEPTIONS; PERMIT. A. Emergencies. Upon the declaration of an emerge.cy by the Council and the issuance of a permit by the Council, emergency work necessary to preserve life or property shall be permitted in a wetland zoning distric.. B. Repairs. Upon application and approval by the Council, a prrs:i may repair cr riaintain any lawfu: use of land existing on the date of udoption of this Chapter. C. prier Agreements. Tne-Eenne+,}-may-perm*! devo}epmen2- _._____----ef-pneeeie-where-!here-ere-sereemente-entered-role-end ______-----ere-ex+st4np-between-the-e+ty-and-the-ownerlapp++eent- _________re*at +ve-to - the -e+te-ender-prepese4-prier-to- the----- -----------edepe+e n-eE-th+s-6rd4naneer Notwithstanding any other nrovision of this Code to the contra theme and vinu a total of 40 acr env safer L aml we a 51.04 Ok 51.04 Job qualifications. Subdivision 1. Knowledget skills and abilities. (1) Thorough knowledge of the planning, scheduling, publicizing end execution of park and recreational programs. (2) Considerable knowledge of the philsophy and objec- tives of public recreation. -'- (3) Knowledge oC punllc adminncratiun auu methods and procedures. i4) Ability to write concise reports. (5) Ability to plan, promote and direct recreation pro- grams. (b) Considerable ability in meeting with clubs, civic groups anti individuals to explain and secure participation in programs. (7) Considerable ability to estahiish and maintain effec- tive working relationships with employees and general public. Subdivision 2. Fxperience and training. (1) t'we Three to five years' experience in a community park and/or a recreational program in supervisory capacity. (2) Fxperienc_- in planning and programming park activi- ties. l31 Some experience or formal training in public adminis- tration. Subdivision 3. Minimum requirements. ( I ) -ollcye degree in park and recreation administ:ation. (2) Extensive experience in the field of parks and re- creation mal be substituted for tt3 3cadenic requ,rement. (203) CHAPTER 52 PARKS, PLAYGROUNDS, OPEN SPACE AND ,cnwr�iu nuts RIILF.S AND REGULATIONS 52.01, PURPOSE:. The following rules and regulations are hereby adopted for all parks, playgrounds, open space and recreation area designated by the City of Mounds View. 52.02. DEFINITIONS. (1) Parks, playgrounds, open space, and recreation area. Any area, designed by the City of Mounds View, wherever located within the City which is reserved, designated or used for active or passive recreation and which is owned,oprated or controlled by the City or controlled by another government (2) Motor vehicle. "Motor vehicle" means every velncle which is self-propelled and does not der;ve it's power from over- head wires. Motor vehicles include, but shall not be limitnd to, automobiles, trucks, motor bikes, mini -bikes, s.�owmobiles rod battery -powered cart3. 52.03. INTOXICATING AND NON-INTGX:CATIN_ CC6SgNo "QPd intoxicating beverages shall be consumed, riisplsyec, P in any garK, playground, open space, or recreation area in the . t ncoxicating liquors be sold or CityIn n� even shell ary no bartered in any park, playground, opei space or recrert!cn area. IBITED gaged in2off.cialTCii 1CssR°h wisecspeci icallyPau[ho' rized by the Clerk -Administrator, shall operate n area within the motor vehicle in any park, playground, open space or recreation C:[y of Mounds View except upon those area that are designated for use by certain vehicles. 52.05. CURFEW AUTHORIZED. No pers-onsunlressPengagplay- ground, i official City business shall enter up including all open space or recreation area of the ment and facilities .. improved or not, and all lequ o o'clock P.M. end 6 park proWert . located thereon, between the nours ,,, d by yj ns noting the o'clock A.M. whfovlded,uch facilitihoweveresthae socheP°stinggshall be by curfew hours; p person not engaged order of the City Council. The fact that any p in official City business as authorized or delegatedubbynthe Clerk -Administrator may be present in a posed p 'Put k" n: na, V � 63.01 /w ('HAPTER 63 • FIRE CODE 63.01. STATE BUILDING CODE. Effective July 1, 1972, all. building within the Municipality shall he regulated by Laws, In?i chzptcr 5[1 63.02. ADOPTION OF UNIFORM F!RF CODE. There is hereby adopted by Mounds View for the purpose of prescribing regulations governing conditions hazardous to health and property from fire or explosion, that certain code known as the Uniform Fire Code, 1973 Edition, recumcndeu uy the Internet.iona; nsevCiatiu:,, belny particularly the 1973 edition thereof, and as amended from time to time, of which code at least one (1) copy has been and is now filed lit he offices of the Clerk and the same is hereby adopted and the date of which this ordinance shall take effect the pro- visions thereof shall be controlling within the limits of the Municipality. (178) (219) 63.03. GENERAL PROVISIONS. (1) Section 4r494B 9._102 Definitions of Uniform Fire Code Amended. (2) Section +r294 i02(a), Section 1.209 are hereby amended to include "school bus" as an additional occupancy to be inspected and hazardous conditions remedied. 4-244+ 63.04, AUTGMOBILE WRECKING YARDS, JUNK YARDS AND WASTE MATERIAL HANDLING PLANTS. Section 4r944 34.10H, the burning of wreckrd or diq;-arded motor vehicles or of junk or of any waste materials is hereby prohibited. +2l9il 63.n5. PRECAUTIONS AGAINST FIRE _GENERAL is amended in its entirety rs follows: Arricle 11, General Precautiors Against Fire, Division 1, Incinerators and opan burning, bon fires and outdoor rubbish fires, Section 27T*04 ll.10) (a) is amenued in its entirety as o lows: (a) De.finitionR. "Director" - means the Director of the Minnesota Pollution Control Agency. "Garbage" - animal and vegetable matter such as that originating in homes, restaurantb, end food s ..ice and proce89ing estahiishments. 63.05 ^Opening Burning' - burning any matter whereby the omitted directly [o the resultant combustion products are through an adequate stack, 1 open atmosphere without passing duct, or chimney. waste, material, trade waste or 'Refuse" - any Cnmhustihle in a free or combined state. garbage containing carbon "salvage Operation"_ - any business, trade, industry or for the Diller activity rnnAucted in whole or in part or chemicals or ,...r„nses of salvaging or reclatminy metals other products or materials. "Authorized" - approval of the Director and Fire Depart- by a permit from both agencies. ment as evidenced se Recreationalfires (b1 Exception. apply burningmfireplacesenor regulatinos shall not for the prep aration of food by barbe- to fires used solely cuing. Requt=ed, Not withstanding a permit from the (Pe.mit c) Director to conduct open burning, a permit must be to any burning. obtained from the Fire Department prior ld) �ecial Requ� e^t`�• All authorized open burning must comply with the following: (1) The location is not less than 50 feet from any structure on she property on which the burning revent o p any ufrom ato t50sfeet of are any fire spreading wite thin structurc. (2) A competent person must be in constant attendance This person until the open burning is extinguished. o thereawateilyavaipply shall have a garden hose connected equip: nent-able or other fire extinguishing for use. is only permitted trom 6:00 p.m. to 6:00 (3) Burning a.m. on any day. (4) Minnesota Air pollution C xltrol Agency Rule No. 8 shall is hereby adopted in full and by reference and this City. ne In full force and effect in thief May Prohibit. The Chief of the Fire Department when lel en burning may prohibit any or all authorized op. local circumstances make such atmospheric conditions or f Ires ha7arAn--a. f2I0I 40 63.06 63. oh. t,STAHLISHMFNT AND DUTIES OF BUREAU OF FIRE PREVENTION. suhdiviRion 1. F.ntorcemenr, The llniform Fire Code shall be enforced by the HUreau of Fire Prevention in the Fire Depart- ment under contract wiht Mounds View, which is hereby established and which shall he operated under the supervision of the Chief of the Fire Department. Suhdivision 2. Inspectors. The Chief of the Fire Department may detail such members of the Fire Department as members o: he Bureau or rife Ylevr..!-- as ..- .^e�iortnrF shall from time to time be. necessary. Subdivision 3. Annual Report. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Council. (219) Subdivision 4. Fire Inspector. The City shall appoint a fire inspector to handle routlr.e in actions and fire prevention code vio ati ms, including, but not imite to routine inspections or the schools commercial buildings industrialinte fir buildin s and multiple dwelling occupancies. The appo inspector shall be responsible for the enforcement of these routine inspection matters All other matters currently handled b the fire de artment come under the direction of Fire Chief, Shall remain the finction of the Fire Department. 63.07. DEFINITIUNS. (1) Wherever the word "Municipality" is used in the Fire Prevention Code, it shall be held to mean Mounds View. (2) Whenever the term "Corporation Counsel" is used in the Fire Prevention Code, it shall be held to mean the City Attorney for Mounds Vies. (219) 63.08. ESTABLISHMENT OF LIMITS OF DISTRI:'TS IN WHICH STORAGE OF F[.AMMP.BLE LIJUiDE IN OUTSIDE ABOVd-G2OUNi TAN,(S IS TO BE PROHIBITSU. Subdivision 1. Abr,ve_Ground Tanks. The limits referred to in Section 4SrRg+- Fad 79 of the Uniform Fire Code in whi_h storage of flammable liquids io outside above ground tanks is prohibited, are to be established by the Bureau of Fire creven- ttnn and it shall be designated on a map which shall become a part of this Code. Three copies of said map shall be on file with the Clerk and one copy shall be posted in the office of the Chief of the Fire Department. Subdivision 2. Bulk Plants. The limits referred to in Section 46r604 79 of the Uniform Fire Code, in which new bulk plants for flammable liquids are prohibited, are to be esta- blished by the Bureau of Fire Prevention, shall be designated on a map prepared for such purpose, three copies of which Shall he kept on file with the Clerk's office, and one copy to be posted in the ottilre of the Ch uet of the Fire Department. (2191 63.09 63.09. ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE U LI UIPtRD PETROLEUM GASES IS TO BE RESTRICTED. The limits re err; to in Section w0ri9S-+e+ 80.105 of the uniform Fire Code, in which bulk storage of liquified petroleum yam is restricted, is to be established by the Hurrau of Fire Prevention, shall he designated on a map prepared for such purpose, three copies of which shall he kept on file in the Clerk's oftice, and one copy to be posted in the office of the Chief of the Fire Department. (219) Rqr}pr--MHB+PfBAW}fiNHr--the-2h+ef-ef-lhe-Hnreen-of-P+re Peeveneten-she}+-have-peter-!e-mad+fr-enr-of-the-prey+e+ene-ef the-Nn+fete-P+re-Fade-;pen-epp++eel+en-+n-rr+ling-br-ehe-crone er-+esseer-nr-h+s-d;+r-anchor+end-egenlr-rhea-!here-ere preee4ee+-d+ff+e;}l+es-+n-the-ter-ef-carer+nq-eel-ehe-slue! }enter-e+f-the-ceder-peev+dad-chat-the-ap+r+e-of-lAe-cede-she}} be-ebservedr-pob+te-seteer-seeeredr-and-srbatenl+s+-lrst+ee dener--9'he-paelte;+ere-ef-etch-mad+f+eel+en-when-@rented-er e}}need-end-the-den+s+en-nf-the-f?h+ef-ef-lAe-Brrean-of-P4re Pre vent + on- thereen-she++-be-entered-open- the- reeerds-ef-the department-end-a-e+gned-eepr-she ++ -be -fnrnrehed-the -epp++eentr +i+9+ 63.10. FIRE. SPRINKLER SYSTEMS Subdivision 1. Fire Prevention Policy Statement. it is declared to be the policy of the Cit of Mounds View to vigorously promote the safety and we are of its cit zens and visitors. In this context, the traditional approach to fire service -- su2pressinG fire; once ��ilnited, rescu nq survivors, and too requent y exporing ire 1 ters to p ysics dange ana death, all at a disproportionately high community investment of resources in manpower and equipment -- is delcared unacceptable for the City of Mounds View. Rather, is is the ire po iicy_n t e Ctty of Moun Vier toe tciently Uri tr1 safer a its resources and maximize Itfe, sa eland citizen we are by reyuirinq that fire prevention and extingulphinq systems �2 built into certain new structures. Thus_the a ectu enema of the Moun s View Fird pepartment is enhanced and extended at a lower cost to the citizenry, life satety is allocated a pr ority at Met as great a:, prooerti protectiongand the owner cost of built-in fire rotection is attic! o[ vho 1� [ape t:i savings nn initial construction coats an annulre insurance premiums. Subdivision 2. Fire F.xtinquishinq .Systems Required. suer mint Desement, or c;11ar in ever butldi.t hereaftd Erected in I-1 tin untrial► B-1 Inei hborhood business) if (limited business B- hwa ueinessl B-1 (re tonal iusiness) and R-0 (residential office; zoning .Ai.trlrtq shall laves installed and be equipped with an automatic fire txtinm-shin@ system which complies vt�Fti the kirovis ons of the II e i —�T—T' ...T �.--w .- u o D • un li. A , uu uuwnue �♦ and I, A rooms. the requirements of this ordi Appeals Board, as established shall make the final determin cases. The Board of A eels may grant variances ram the in instances where their stri hardship because o clrcumsta specific property or use unde this ordinance considered in distinctive circumstances rel must be the approximate cause bb the property owner of the shall not constitute su�cie once. A variance may be uran use tr common within (c) T to the t ror neral r, en va c wel:are or lnlur 63. 10 es or adjustments from ,e coasidered D !nn Counct'I Tie Council variance and adjustment and the Ci Council sion o t is or lnanco t woulT cause undue n'Fistinctive to the on. The provisions of with the uni use and roperty or uses thereof circumstances caused a predecessot in title ion t_ o grant a vari- 1Z7 Pnunn l a pnr Aamnn- owner would result if ns were carried out; application for a r parce. of land or th is stag t an are nct ty or uses ,hereof roof +ill not be det.imerta to other orooerty or 63. IU 63.11. PENALTIES. Subdivision 1. Misdemeanor. Any persons, firm, or curporation which shall violate any provisions of this chapter shall be guilty of a misdemeanor. The impuiiitiCn of one Penalty for any violation shall not excuse the violation or permit it to continuer and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified each ten days that prohibited con- ditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Subdivision 2. orders Establishing Fire Lanes. The Bureau of Fire Prevention is hereby authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked off. When a fire lane has been offered to be established, it shall be marked by a sign bearing the words 'No Parking - Fire Lane' or a similar messaSe. When the fire lane is on public property or a public right -of -Way, the sign or signs srall be erected by the city, and when on private property, they shall be erected by the owner at his own expense within 30 days after he has b?en notified of the order. Thereafter, no person shall park a vehicle or otherwise occupy or obstruct the fire lane. (219) 63.12. REPEAL. The adoption of the codes and standards referred to it this chapter shall not repeal or supersede any ordinance= of Mounds View regulating the same subject smtter, but the provisions r,f said codes and standards and of the ordinances of the municipality shall all bl) applicable. In the event that there is a conflict between the provisions of said codes and standards and ordinances of Mounds View, the more restrictive provision shall prevail, except when there is a conflict between said codes and standards and the building code, then the provi- ;ione nr the buildinq code shall prevail. (214, 219, 174) j W 70.01 (2) Before proceeding with the const-•uction, enlargement, alteration, or repair of any water line connecting the municipal water system to any house or building, the owner or, his agent shall fulfill the following requirements: (a) Obtain from the Municipality a water connection permit, tire fee for wtiicn shall be established by re- solution of the City Council. The plumbing inspector shall examine all applications t•.r water connections before construction. After the construct.on, enlargement or alteration is complete, the plumbing inspector shall he notified fn• the final inspec- tion. !t shsll be unlawful cl, cover any connecting line until an inspection has been made and such connection and the work incident thereto has been approved by the Municipality. (b) Whenever a new water connection is constructed, the owner shall pay to the Municipality a trunk, source and storage contribution of $200.00 per residential unit or in the case of rther than residentiallly zoned property $1,600.00 per acre. Such contribu- tions shall be reserved solely for the purpose of funding construction, replacement, modification or major maintenance of water trunk IL es, wells, towers or reservoirs and the debt service thereon as specif- ically authorized by the City Council. (282) lc) Builo:ngs that were in existence at th! time of the water main installation and that have not hooked up tc the wate_ ssstem must also paid a late hook-Ep charge of 5100. (3) Before any water co.•veyed through the municipal water system shall be used or utilized on the lano or premises of ary person, firm or corporation or before water is taken from a municipal hydrant by any person, firm or corporation, there shal_ first Le installed a water meter with remote Bader twat wall accurately measure the water consumeG on the premises, exeept and finless such installation shall be exempt by the Municipality. The applicant for a new water service shall pay to the Municipa- lity at the time of his application the amou.lt to be established by resolution of the City Council equal to the cost of a water meter with remote leader. (4) All monies previously received by the Municipality as nranavwunlo en+ll 1.- - :,o iCiICCCC❑ On Cne UqC C'! aCCOUnC as a prepayment until the user vacates the premises at which time it Shall be applied to the final bill as regulated by 70.15 or, should the user elect to do so, the prepayment may be credited to the fee established by 70.01 (3) when the user elects to have a meter with remote installed on his premises. 70.03 70.03 Liability for Repairs. After-the-4Attta4-eennee--- tton-hen-been-made-to-the-eurb-stapr-the-app+teentr-ornerr-er-the eeenponl-ar-alher-rear-of-swab-premtees-ehe}+-be-4+eb4e-fee-e}+-- repatra-he#weep-the-eurb-stop- ban -anA- the- atruetare -+seated-on--- ehe-prem4senr--yhe-Munte4pe}tcy-ri}+-be-responeib}e-far-eepe+rs-- frem-lhr-curb-slap-bww-la-ehe-racer-mein-end-any-necessary-!tree! �wwwl�-__Yw�w�wwww�w-wf-Me-etlrb-ntee-ben-aha}}-be-lhal-ef-lhe--- epp4teertr-awrterr-mr-neewpant-er-other-user-ef-the-rrpetses-end-- ita-she++-he-the-respons4ht44ty-ef-said-party-to-me4ntatm-the---- errb-stop-hew-et-sueh-hetght-es-wt4+-insure-that-+t-reme4no-above the -fintshaA-grade-af-ehe-4end-or-property r--Neth+ng-herein-w+44- prevent-!Rr Muwieipettty-trem-reeavertng-tne-esste-ef-Perot ra---- feem-the-app4+eentr-owner?-or-other-seewpent-er-ether-rser-of---- sweh-premtnesr-or-any-ether-party-in-the -even t-4t-eon-be-esteb--- 44shed-that-se4d-part+es-were-the-eawse-ef-ehe-demeges-requ+r4ng- the-repstrar After the initial connection has been made to the watermain, the applicant, or the occupant or other user of such premises shall be liable for all repairs between the ratenaain and the structur sea sea responsibility or sa maintain the curb sto box at such het ht as will ensure that it wt 1 remain above the finish ra e t e an or properEy. Nothing !rein riil prevent the municipality From recovering the cost of repairs from the applicant, owner, or other occupant or ether user such premises or any other art to the event is can est3blis a, use of the damages requurt q the r pairs. 70.04 Unlawfui to Tart,per with Meter. It shall Ne unlaw- ful for any person to tamper with, by -pas;, or in any manner w.natsoever interfere with the proper use and functioning of any water meter within the Municipality. 70.05 Implied Consent to Rules, Regulations and Rates. Every person applying for water service and every owner of pro - pert% for which any such application is mach shall be deemed upon making such application to consent to ail rules, reyulacions, and rates set forth in this ordinance, and such further riles, regu- lations and rates as may thereafter be set forte, and adopted by the Council pursuant to resolution or ordinance. 70.06 Meter Readings billing and Penalties. (1) The Municipality may provide a system of water meter reading by post card, meter man, or any other method deemed suit- able. The Municipality may also establish billing areas or districts and provide for the reading of meters and billing of charges by calendar quarters, monthly quarters of such periodic intervals as the Council shall determine suitable and necessary 70.06 from time to time. 121 The Council shall establish by resolution such pena ties and charges as deemed appropriate for estimating rater usage bills and late payments of bills. I;I The Municipality reserves tr'e riyht to discontinue ssary for rater sera��?tto ionalyconnectionmer rorhoreconnectut eonhor foren nonpayment repairs, _ ,,.e itRreuard of any rules or regulations of charyes or obis •;• of salu In conn"tion with the uqe or operation any service has been discontinued for nonpayment of charges or 70. 15 utility bill, the Municipality shall he entitled to deduct from such said prepayment the amount of the unpaid bill and may dis- continue service to the customer until the depleted prepayment sum shall he increased to the oriyinal amount required under this chapter. The liability of the Municipality for the return of said prepayment, however, shall be limited to the funds as are available in the water department and shall not constitute a general obligation of the Municipality. If an owner shall sell or transfer the premises to another person, and fails to apply the purchaser thereof shall be entitled to the return of said prepayment in lieu of the origins, appiica:1L Ui,�^ satisfactory proof of transfer of title and possession of said premises at least six months prior to application for the refund. (1) Upon satisfactory proof of transfer of title and possession of said promises at least six months prior to applica- tion for the refund; or (2) If the prior owner shall have failed to apply for such refund. Such refund, however, shall he subject to all other restrictions of this ordinance. 70.16 Damages to system. It shall be unlawful for any person o tamper with, alter damage hydrantCecurbnorovalve connection any part thereofor any box or street valves or connection of any type spart who sodamagesthereof witt,out authority of the Municipality. Any pron shall be liable for the damage or loss to the Municipality caused ' thereby. 70.17 Excavating work and Testing of Meters. (1) All installation work or repair or connections to the Municipal water system including grades, bents and backfilling shall be performed under the direction and supervision of the plumbing Inspector. No work shall be covered or backfilled until directed by said Inspector. All work and excavations snail be protected by barricades and warning markers an,; lights reasonable and suitable to the purpose. The Municipality shall be held harmless for any claim of loss as might otherwise arise for damage, lrss or injury caused by or ariving by reason of such work being performed. (2) No street or excavation shall be undertaken except by permission by the Municipaiity. (3) Whenever a water user questions the accuracy of a meter no exceeding 5/8 inche in size and desires that his meter be tested, he shall pay a fee of $25.00 if the meter tests accu- rately within a range of minus 3 percent to plus one and one half per cent. The testing of water meters exceeding 5/8 lochs to size shall be regulated by 70.02 (5). If it is not accurate within this range, no charge will be made for testing and an ad- -lustment on the water hill will he made for thperiod of time that the mutor t+ astiumu,l to lay Inavollrate as determined by the Municipality. 70.18 10.11 Emergency Regulations. The Council may impose OW emergency regulations pertaining to the conversation of water by resolution of the Council and by giving notice by publication or by posting in the Municipal Hall and at such public places as the Council may direct. Water s rinklin ban ma be im lemented b the Director of Public Works a ter he opal ies the Clerk - Administrator and the Mayor. The lawn sprinkling ban may be implemented for the months of May, June, July, August, and Ven♦amtler 7U.19 Request for Turning uff Water. Requests for turning off water must be made in writing 10 days prior to the rime shut off is requested; otherwise, the owner of the premises shall he liable for water usage until a meter reading is taken. 70.20 Right to Enter Land. The Municipality by an autho- rized employoe or agent shall have the riaht to enter and be admitted to any lands anti property in the Municipality for the purpose of inspection of materials, plumbing work and fixtures of all kinds used by or in connection with the water and sewer systems. 70.21 Private Water Not Permitted. Whenever any premises are connected to the municipal water system, there shall be main- tained a complete physical separation between the municipal water supply system and the private water supply system so that is is impossible to intentionally or unintentionally allow any water producted by a private system to be introduced in the supply line trom the municipal system. 70.22 Estimated Bills. Any water obtained by any person, firm or corporation from the municipal water system which `.s not paid for by the cuL, omen or user thereof by payment of water charges or rates decermined by i meter shell be charged at an oaid for by such consumer or use: upon an estimate of the quancity of water used as computed at the established rain for such purpose or use, except that the Council may waive payment of such rharye where deemed by tote Council to be in the best in- terest of the Municipality. 70.23 Rates. Water consumption charges to consumers shall become due and payable quarterly on a calender schedule prepared by the Clerk-Administratot. Said water rates and zny surcharges shall be established by resolution of the City Council from time to time. 70.24 Use of Hydrants. It shall be unlawful for a person to obtain water from a municipal water system hydrant except at a location specified by the municipality and nnly after obtaining a permit from the municipality. 70.25 Separability of Sections. if any portion of this chapter shall be held invalid, the invalidity of such portion shall not affect the validity of the other provisions of this chapter which shall continue in full force and effect. 70.26 Penalty_ P_rovisiona. Any person who shall do or comisit any act that is lorhW',lo7i by the provisions of this chapter shall do guilty of a misdemeanor. (74) 71.07 /�► substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall he gastight and watertight. All grease, oil and sand interceptors shall be maintained by the owner, at his expense. (10) Any wastes prohibited by the Metropolitan Waste Control Commission. Subdivision 2. Industrial Wastes. It shall he unlawful CU dlSCOdCgP Lltu file nwu,,iyoi io..i �..:} z...c: any ...- dustrial w3stes unless the prior approval of the Plumbing Inspector is obtained. The Plumbing Inspector shall approve the discharge of industrial wastes when, in his opinion, the proposed wastes will not be of an unusual amount or character. Subdivision 3. Other Wastes. The admission into the public sewers of any waters or wastes having (a) a 5-day -kin- chemical Oxygen Demand greater than 300 parts per million by weight, or (b) containing more than 350 parts per million by weight of suspended solids, or (c) having an average daily flow greater than 2% of the average daily sewage flow of the Munici- pality, shall be subject to the review and approval of the Plumbing Inspector. The owner shall provide, at his expense, such preliminary treatment as may be necessary to, (a) reduce the Biochemical Oxygen Demand to 300 parts der million and the suspended solids to 350 parts per millior by weight, or (b) control the quantities and rates of discharge of su^h waters or wastes. Plans, specifications, and any other pertinent informacion relating to proposed preliminary treatmer.c facil.tie3 shall be submitted for the approval of the Counoil. No corstru:tics of such facilities shall be commenced until proper approvals are obtained in writiny. Subdivision 4. Preliminary Treatment Facilities. where preliminary treatment frcilities are provided for any water, or wastes, they shall be maintained continuously in satisfactory arC effective operation, by the owner at his expense. Subdivision 5. Control Manhole. The owne: of any property se-ved by a building sewer crrr}' industrial wastes shall install d suitable control manhole in the building sewer to facilitate nhsprvation, sampling and me3surement of the wastes. Such manhole, when required, shall he accessibly and safeiy located, and shall be constructed in accordance with plans approved by the Plumbing Inspector. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to he safe and accessible at all times. Subdivision 6. Measurement Tests. All measurement tests and analyses of the characteristics of waters and wastes to 71.07 which reference is made shall be determined in accordance with methods employed by the Minnesota Heperlmenl-nf-Hee}!hr Pollution Control Agency and shall be determined at the control manhole proOded or upon suitable samples taken at said control manhole, and at the expense of the owner of the property contrinur,ng su_�t »star a.,u wastes. Subdivision 7. Storm Water. It shall be unlawful to discharge or cause to be discharged into the municipal sewer system, either directly or indirectly, any roof, storm, surface or ground water of any type of kind, or water discharged from any airconditioning unit or system. 71.08 Tampering with Municipal Sewer System Prohibited. No person shall maliciously, willfully or negligently damage, destory, uncover, deface, or tamper with any part of the municipal sewer system. 71.09 Entry Ilpnn Private Property. The Plumbing Inspector of Mounds View and other duly authorized employees of Mounds View, bearing proper credentials and identification, shall it reasonable times be permitted to enter upon all properties connected to the municipal sanitary sewer system for the purpose of inspection. observation, measurement, sampling and testing in connection with the operation of the municipal sanitary sewer system. 71.10 Maintenance of Sewer. Haeh-preperey-owner-aha}}--- be-atntng-en-nnobserneted- sewer- }tne-fPon- -- !he-bnt4d4ng-xeeneed-en-lhe-prem4ses-le-lhr-serer-main-end-eeeh-- praper±y-orner-she}}-be-respens4b}e-fee-e}4-repe4re-ee-lhel------ peteten-of-lhe-serer-}toe-}ytng-between-se4e.-bv4}ding-end-the---- elteel-er-reed-rsgnl-of-ray-}one-►hereto-she-serer-me4n-4s------- }eeswedr--Vhe-mrnte4pe}try-she}}-fe-respens4b}e-for-lAe-reps:ee-- !s-eh±-sewer-}:nr-end-she-scree!-form-lhe-scorer-er-reed-right-ef wry-}4ne-le-the-sewer-mein-nn}ass-4l-ern-be-eseab}4ehed-thee-�e:,e- repe4rs-were-neeesettaeed-by-eet4on-of-the-properly-erne►-or----- enelh.er-perlyr-:n-wY.4eh-ease-the-mnn4e4pe}4ey•reserwee-she-rtghl- !e-order-ar-pressed-w4lh-the-repe4re-one-seek-ores«ery-ege4nse--- !he-reepansly4e-perry-by-e4etm7-sn4t•or-a9se99men!-when----------- epp}4eab4er--'Fhe-P4nmhOng-}nspeeter-i9-entherteed-to-make-such--- 4nspeeltons-of-she-serer-eenneel4ens-es-he-may-deem-ores±eery-ee- eeeamp}4eh-lh4s-pnrpaaer-end-she-preperey-srner-she}}-be--------- respena4b}e-for-eerry4ng-owl-sneh-4nslrrel4ene-es-the-P}nmbtnq--- }nspeeeer-deems-neeeesery-ee-neeemp}tsh-lh4e-pnrpeeer }n-the-event-tt-te-determ4apd-hy-the-P4vmhtne-}nseselor-♦hw♦-�y. sewer-}4ne-was-ebserneled-ae-lhal-any-repe4re-revs-nseess4leled-- by-seetnn-af-the-properly-srner-er-soother-parlyr-lAere-she}}-be- an-tnepaelton-charge-}sr:ed-by-she-mrn4etpa}tlyr----------------- 71.10 Each property owner shall be responsible unobstructed sewer line from the building to the sewer main end each property owner on ween 71.11 Charges. Subdivision 1. Eatal,lish br 8esoluticn. RateQ and .... r.,, the uae and service of the sanitary sewer system ,.. y shall be a=tahlished by resolution of the founcti. Subdivision 2. Payment. The charges imposed here- under shall become due and payable quarterly on a calendar schedule prepared by the Council. Unpaid sewer use charges may entitle the Municipality to discontinue water service to the uscr. Subdivision 3. Industrial Waste. (1) Recitals. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota (the "Commission"), in order to receive and retain grants in compliance wish the Federal Water pollution control Act Amendments of 1972 and regulations thereunder (the 'Act'), has determined to impose and industrial user sewer strength charye upon users of the Metropolitan Disposal Syscem (as defined in Minnesota Statutes, Section 473.121, Subdivision 24) to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upcn the volume cf discharge. In order for the City to pay such costs based upon strength of industrial discharge and alllocated to it each year by the Commission, it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users-eceivinc, waste treatment services within our served bythe City. Furthermore, Minnesota Statutes, Section 444.075, Subdivision 3, empowers the City to make such sewer charge a charge against the owner, lessee, occupant raall Of l tax them and certify unpaid charges to the Y auditor lien against tha property served. 121 Establishment of Streng.h Charges. For the purpose of paying the costs allocated to the City each year by the Commission that are based upon the strength 80.01 CHAPTER 60 REGULATION OF THE USE OF HIGHWAYS, STREETS AND ROADS WITHIN THE MUNICIPALITY 80.01. HIGHWAYS, STREETS AND ROADS. The regulatory pro- visions of Mi.^.nego ta Statutes C apter 168, 169, and 171 as amended from time to time, including amendments enacted by the nlll lll'b•i.o �.. .j: ,uul Spl•r 1.11 KCB41n09, aS regulatory ordinances relative to the use of highways, streets and alleys and of motor vehicles and drivers, and all other vehicles within Mounds View are hereby incorporated in and made a part of this Code as completely as if set out herein in full. 80.02. UNREASONABLE ACCELERATION. Subdivision 1. Definitions. (1) 'Unreasonable Acceleration' means to cause squealing or screeching sounds by the tires, and/or fishtailing of the motor vehicle, of the throwiny of sand or gra- vel by the tires of said vehicle or both. (2) 'Motor Vehicle' is hereby defined as any vehicle pro- pelled by an engine and authorized to be driven on a public highway. Subdivision 2. Unreasonable Acceleratiun Prohibited. Unreasonable acceleration of any motor vehicle on any public highway or private property within Mounds 'View, as defined herein, !s hereby declered to be a public nuisance and is pro- hibited. Fubdivi3ion 3. Prima Facie. It shall be Prima facie evidence of d vtolatioh Of this chapter if a motor vehicle stall oe observed accelerating in such a manner as to cause squealing or screeching sounds by the vehicle's tires, fishtailing of the vehicle, or the throwing of sand and gravel or ether material by the tires of said vehicle, or any combination of the herein described actions. RU.03. VEHICLE LOAD LIMIT RESTRICTIONS. Subdivision 1. Seasonal Load Restrictions. Pursuant to Minnesota Statutes 1970, Chapter 169.80 through 169.88 the Directcr of Public Works-Sapertnlenden! •., rbvoinnment shall establish appropriate seasonal loac restrictions for municipal streets and shall cause notice ui restrictions to be posted as required. Such restrictions shall be for the purpose of minimizing damage to municipal streets during the annual spring thaw. 80.03 Subdivision 2. Special Permits. The w rector of Public Works/Community Development Super4ntendent may issue special permits authorizing vehicle loads in excess of established restrictions. Such special permits shall he for good cause, including maintenance of the 01 d., I y: Gy:...., u.1 ,....::y Lnmi; 1-�t4-n 0f l; r... ....A p-b1 iC improvement projects, and shall a issued only when such cause does not conflict with the purpose of this ordinance. Subdivision 3. Application. The operator of each overload vehicle shall make ap-'ica- tion for such special permit and provide such information as required by the Director of Public works/Cainmunit' Development Sapertatendent . A fee of $20.00 for each overload trit shall be paid with the application. Alt fees collected pursuant hereto shall he deposited io the Puhlii- Tmprovement Revolving Fund. 80.0/. PENALTY. Any violations of the provisions of this chapter or of the statutes adopted by reference herein, is a violation of this Code when it occurs within Mounds View. Any person thus violating any provisions of this chapter shall be guilty of a misdemeanor, or where authorized, a petty misde- meanor. (166) (262) 6i.02 (1) Yards. NO person shall allow any motor vehicle or trailer to be parked in any yard adjacent to a public street except in a designated off-street parking space. (3) Boulevards. No person shall allow dny motor vehicle or trailer to be parked upon the boulevard of a public roadway. ,...• Nn nereon shall (4) Recreational veniclea enu ey�:r ^"•'• allow any recreational vehicle or equipment to be parked off street closer than fifteen feet to the paved surfaces of a public roadway. (5) Trucks. No person shall allow any truck to be parked in any residential district. 1270) Subdivision 6. Towing. (270) (1) Police officers are hereby authorized to remove, or cause to be removed, a vehicle from a street or highway to the nearest garage or other place of safety, or garageor de- signated or maintained by the Police Department, City rwise under the circumstances hereinafter maintained by this C enumerated. (a) When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tube, tunnel or underpass where such vehicle constiiuLes an obstruc- tion to traffic. ib) Waen a vehicle upon a highway is 3o disabled As to constitute an obstruction to traffic and the person or pee'sons in charge of the vehicles are ty reason of physical injury incapacitated to such an extent as to be unable to provide for Its custody or removal. (c) When any vehicle is left unattended upon a street and is so parked illegally as to constitute a hazard or obstruction to the normal mrvement of traffic, or snow plowing. (d) When any vehicle is parker' upon a public street in violation of the plov,sions .f this Chapter. --tit--Mhenever-en-effteer-remove!-e-vehte}e-fren�-e-!treel-- e!-eheherteed-tn-lht!-Seeeten-end-the-effteer-knewl-er- a-ebte-!e e!eereetn-from-the-rrgtslreeten-reeerds-ef-ehe-vehtete-ehe-ne�ne-- end-address-ef-the_e=her-theref9+ -Steh-etngeer-shah*-tmmeaefcehe- gtve-er-caane-E.. feet-el-shah-remevet-end-l►e-reason!-enere.... whteh-!heh-vehtete-he!-been-removed:--fn-lne-a#_sveh-nettee-shot} vehtete-4a-seared-tn-e-phhtte-garage r-a-eepy- be-gtven-to- the -preprteeer-ef-!heh-gerale 7 81.02 --t3i--Mhenever-en-effteer-rewteves-e-vehte4e-freT-e-street-- nnder-ehts-9eetten-end-deer-nee-know -end-ts-net-eb4e-te-a seer tat A e he -neee-ef-ehe-ewnerr-et-few-eny-ether-reesen-ts-nneb}e-le-gtve- the-settee-le-the-erner-es-heretnefeer-prey}dedr-enA-to-the-event Me-vehie}e-ts-net-relnrned-te-the-erner-wtlhtn-e-ported-of-ehree _ere._.�A_.e-thee-event-the-effteer-she}}-:nusedtele}y,-- send-er-tenet-le-be-sent-written-report-ef-sneh-remevet-by-ma::- !e-the-6leee-Beperenron!-whose-dnty-tt-a-te-register-eeler- -- veh4e}esr-end-she}}-ft4e-a-eepy-ef-sneh-nettre-rich-ehe-pro ------ prteter-ef-eny-pnb}te-gerege en-which-the-vehie}e-Bey-be-nleredr- tineh-mmttee -she}4-4ne4nde-e-eemp4ate-de sertpttoo -ef-the-vehie}er- !he-deter-et�e-one-pteee-free-rnteh-reeeved rche-reesens-for-sneh re�eve4r-end-lhe-neme-ef-the-gerege-er-p4eee-where-Me-vehie}e-es steredr 81.03 Penalty. Any person who shall do or commit any act that is forbidden by the provisions of this chapter will be guilty of a misdemeanor. (19, 109, 142, 169) 90.01 CHAPTER 90 NUISANCES 90.01 Public Nuisance. Subd..'. .0 .-_n 1. ohilI NuicAnra npfinod. A public nuisance is athirg, act or use of property which shall: (1! Annoy, injure or endanger the health, safety, comfort or repose of the public. (2) Offend public decency. (3) Unlawfully interfere with the use of or obstruct, or tend to obstruct or render dangerous for passage, a public water, park, square, street, alley or highway. (4) Depreciate the value of the property of the inhabitants of the Municipality or of a considerable number thereof, or (5) In any way render the inhabitants of the Munici- pality or a considerable number thereof, insecure in life or in use of property. Subdivision 2. Definitions. (1) 'Person" 3s use? herein includes any person, film, or corporation, and the singular shall include the plural. (2) Where rpferen,:es are made herein to {'articular officers, boards, agencies o: the Council are those that are of Mounds view unless otnerwise defined. (3) Beverages with an alcoholic content rot exceeding 3.2 percent saal. be included in the term "intoxicating liquors" as vsed herein. S:odtvtsior "s. Public Nuisances A.'fectin%_Nealch, Sa.eU Comfort or R� ose. 'he following re heresy declared [o be public nuisances effecting health, safety, confnrt, or repose: (1) All decayed or unwholesome food offered for sale to the public. (3) Milk which is produced by cows which have not been tested and found free of tuberculosis within the year previous to the offering of such mild for sale to the public. I 90.01 (4) Carcasses of animals not buried or destroyed within twenty-four hours after death. (5) Accumulations of manure or rubbish. (b) Privy vaults and garbage cans which are not flytight. (7) Dumping the contents of any cesspool, privy vault or garbage can except at places authorized by law. (8) All noxious weeds, tall grasses, and other rank growths. (9) An accumulation of tin cans, bottles, or trash or debris of any nature or description; and the throwing, dumping, or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish, tin cans, or other material of eny kind on private property. (10) Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities. (11) Offensive trades and businesses as defined by statute or ordinance not licensed as provided by law. (12) All public exposure of persons having contagious disease. (13) The distribution of samples of medicines or druos unless such sa�iples are placed in the hands of an 3du:t person by someone properly licensed. (14) All other acts, omissions of acts, occupations and uses of property which are deemed by the hoard of health to be a menace to she health of the inhaoitants of the Municipality or a considerable number thereof. Subdivision 4. Public Nuisance Aftectiing horals and Decency. The following are hereby dec.ared to be public nuisances affe:ting public morals and decency; (1) All gambling devices, slo, machines and punch beards. 27 c-tt:r-v, akiny, and aii apparatuses used 1n such occupations. (3) All houses kept for the purposes of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame, and bawdy houses. (4) All places where intoxicating liquors are 1M manufactured, sold, bartered or given away in violation of law, #A. 90.01 or where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage contrary to law, or where intoxicating liquors are kept for sale, barter or distribution in violation of the law, and all liquors, bottles, kegs, pumps, bars and other property kept at and used for maintaining such a place. (5) Any vehicle used for the illegal transportation of intoxicating liquor, or any immoral purposes. (6) All indecent or obscene pictures, books, pamphlets, magazines and newspapers and billboards. (7) The public use of profane or obscene language. (8) The looking into or peeping through doors, windows or openings of private homes by methods of stealth and without proper authority and by surreptitious methods, or what is commonly known as "window peeping". (9) All other things, acts, ommisstons, or occupations that may be considered detrimental to the moral well being of the inhabitants of the Municipality or a considerable number thereof. Subdivision 5. Public Nuisances affecting Peace and Safety. The following are declared to be nuisanceF affecting pu is peace and safety: ( I ) All snow and ice not removed free public sidewaiks twelve (12) hours alter the snow and ice has ceased to be deposited thereon: (?) All trees, hedges, billboards or other obstructins which prevent persons f,um having a clear view cf traffic approaching ar intersection from cross stre_ts in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached; (3) All lifts of trees which are less than eight (8) feet above the surface of any public street or alley; (4) All wires which are strung less than fiftoen (15) feet aoove the surface of any public 'street or alley; (5) All buildings, walls, and other structures which have tiao- damA,iod by fire, decay or otherwise to an extent exceeding one-half (1/2) their original value or whicn are bu ,iLuaLwd as to endanger the safety of the public; (6) All explosives, inflammable liquids and other dangerous substances or materials stored or accumulated in any manner or in any amount other than provided by law or ordinance; 90.01 I- (7) All use or display of fireworks except as provided by law or ordinance; (8) All unreasonable or unnecessary noises._ eneeeeseary- neises-end-sneering-vrbreltens ; ....:IA:nnP Pr•AP (9) All buildings and ai; aiu•Idi,� ��•--•••.- - or erected in violation of tire cones concen uuy mannur and materials and construction; (10) Obstructions and excavations affecting the ordinary use of the public streets, alleys, sidewalks or public grounds except undey such conditions as are provided by ordinance, and any other excavation left unprotected or uncovered indefinitely or allowed to exist in such manner as to attract people; (11) Radio aerials strung or erected in any manner except that provided by law or ordinance. (12) The piling, storing, or keeping of old machinery, wrecked or junked vehicles, and other junk or debris. (13) Any use of property abutting on a public street or sidewalk, or any use of a public street or sidewalks, which ' causes large crowds or people to gather, obstructing traffic and the free use of public streets or sidwalks; (14) All hanging sijns, awnings and other similar structures Over public streets or sidewalks, or so situated as to endarger pobllc safe'_y not constructed and mr;ntained as provided by law of orainance , or withuut proper permit; (M The al.owing of rain, water, ice or snow to fall from any building on any public sheet or sidewalk or to flow across any public Sidewalk; (16) All eangerous, unguarded machinery, equipment., or other property in any public place, or so situated or operated on private property as to attract the public; (17) The distribution of handbills except as provided by ldw or ordinance; (18) Throwing, dropping, or releasing printed matter, paper, or any r,ther material or objects over the city from an airplane, balloon, or other aircraft, or in such manner as to cause such material to fall or land in the town; (19) elacing entrance culverts, or doing any act which may alter of affect the dra!nagP of public streets or alleys or the surface or grade of public streets, alleys, or sidewalxs without proper permits (2U) Making repairs to motor vehicles or tires in public streets or alleys, excepting only emergency repairs when it will not unduly impede or tnt"rl.'re with traffic; 90.03 90.03 Cesspool or Septic Tank. Subdivision 1, Unlawful Act. It shall be unlawful for any person, firm, partnership or corporation to allow the contents of any septic tank or cesspool to be pumped or to overflow onto the ground (87) (248) 90.01 Junked and Aunuduueu Vei,icies. Subdivision 1. Definitions. (1) 'Motor Vehicle" is hereby defined as any vehicle propelled by an engine and authorized to be driven on a public highway. (2) "occupant" is hereby defined as any person living in and under contr•11 of any dwelling unit upon property wherein a motor vehicle is parked. (3) "Vital Component Parts" means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle including, but not limited to, the motor, drive train and wheels. Subdivision 2. Nuisance. The following is declared to be a nuisance affecting the public peace, safety and general welfare. Subdivision 3. Unlawful. It shall be unlawful for any person, firm, partnership, or corporation to pile, store, or keep wrecked, jur:ked or abandoned motor vehicles on private or punliz property unless IL shall be screened from Lhe view of. ad3aoent public and private properties by a fence or garage. Srreen:ng as provided above shalll conform to all frcvisions of the zoning code. In no !ase, however, shall such vehicles be piles', stored, or kept in any front yard or any side yard abutting a public thoroughfare. Subdivision 4. Abandoned Motor Vehicle. A motor vehicle will be considered abandoned if: !1) It has remained .!legally parked for a period of more than 43 yours on public property and/or it in lacking vital component parts. (2) It has remained for a period of more than 48 h,iurs on private property without the consent of the occupant of such property. Subdivision 5. Junked Motor Vehicles. A vehicle will be considered a junked motor vehicle if it cannot be driven, or propelled under its own power in its existini condirinnn a aaie anu legal manner as required for operation on public thoroughfares. Subdivision 6. License Plates. Any vehicle shall be deemed to be included under Subdivision 3 of this :hapter if said vehicle does not have attached thereto a valid and current license plate Issued by the proper state agency. 90.03 Subdivision 7. Motor Home Exempt. Self-propelled motor homes used for recreational purposes shall be exempt from the screeniny provision of Subdivision 3 and the provision of Sub- division 6 if such motor homes comply with all other provisions of this chapter. (248) 41). Or, Pen•IPna corporation virlating any provision of this chapter small be yuilty of a misdemeanor. (92) I 92.03 (4) Any diseased wood from the Red Oak group which, by April lst in any given year, has not been either debarked, burned, buried or split into quarter sections and completely en- closed with a covering (at least 4-mil, if plastic) adequately thice th od the yearkimmediatelysfollowing sthe twiltingoof the itree lthat tf and hole the said wood originated from. i5) other trees with epidemic disease: nr !actors wnirn are potentially hazardous to the spread of such disease. 92.04 Disruption of Root Grafts. Whenever a tree is found which is actually or potentially diseased with any disease covered whatever steps are necessary as recommended by the Commissioner of Agriculture to disrupt all potential root grafts. This disruption shall be performed as soon as possible. The property owner, or the person in possession, if different from the owner, or which the trees stand, and adjacent property owners, or the person is possession in possession, if that Property, shall be notified by personal service or first-class mail that said disruption will be done. 92.U5 Procedure for Removal of Trees and Wood. Whenever the Clerk -Administrator, or his agents, find that nuisances as defined in Section 92.O3 exist on any public or private property in the City he shall notify the prupeily owner on which such nuisances are located, by personal service or by eerltited mail, that the nuisances must be abated within a specified time, not less than 10 days form the date of service, or from the date of mailing of such notice. If mailed notice or personal service carnot be achieved, then notice may be obtained by pi.blishing same in the legs. newspaper of not less than 5 days prior to the date twat :he nuisance rust be abated pursuant [o the notice. If the owner snall fall to remove the nuisanre(s) from the property described in the notice, the Clerk -Administrator or his agent shall order the work to be done and the costof said Work shall be bilied against the owner. 92.06 Assessment for Nuisance Abatement. If the owner shall fail to pay the bill, as provided for in Section 92.05 or 92.10 (1) within 90 ,ia�s, the Council may then assess the amount due, plus interest, plus costs against the property as a special assessment pursuant to Minnesota Statutes. 92.07 Treat.nq of Trees. Whenever the Clerk- �tc, determine that any tree or wood ,administrator, or i,ia ge.. rohnisms pursuant within the City is infected with disease CaL;se to Chapter, he may treat all nearby h:g'i value trees with the appropriate chemical treatment. Treating activities authorized by this chapter shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture, or other State officials. The provisu,ns of Section 92.U5 apply 92. 01 CHAPTER 92 I TREE DISEASES 92.01 Program of Plant Pest Control. The Clerk - Administrator, and those agents appointed by him, are hereby empowered to conduct a program of plant pest control pursuant to Al It hnrI tn• nteI bi " _ _. - MtIICJIIO 5ia,u,e,, i-napter id.uit ana 1F.U23. Tne ptuycam is directed speciticalty aL the cuntroi and elimination of Dutch Elm disease fung,is, elm bark beetles, Oak Wilt fungus, and other epidemic diseases of trees. 92.01 Inspection and Investigation. The Clerk- Administratcr or his agents: (1) Shall inspect all premises and places within the City as often as practicable, but not lass than that required by the State of Minnesota, to determine whether any condition described in Chapter 92.03 exists thereon. He shall investigate all inci- dents of infestations by Dutch Elm fungus, elm bark beetles, Oak Wilt fungus. or any other epidemic disease of trees, and such factors which are potentially contributory to the spread of tree diseases; (2) May enter upon private premises at any reasonable time for the purposes of carrying out any of the duties assigned him under this Chapter; (3) Shall upon finding conditions indicating Dutch Elm intesthtion, Oak Wilk infestation, or other epidemic disease; of tr,,es, immediately send afotopriate specimens or samples to the diagnostic laboratory operated by the Commissioner of Agricultur: for analysis, or take suet other steps for diagnosis as may be recommended by the Commissioner_. 92.03 Nuisances Declared. It is unlawful for any person to permit public nuisances, as herein defined, to remain on any premises owned or controlled by him within the City. The fallowing are hereby declared public nuisances wh,?n- ever t'ley may be found within the City: (1) Any living or standing Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus C.ratocystis Ulmi (buismen) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylurgopinus Rufipes (Marsh); (2) Any dead or dying Elm tree or part thereof, including toys, branches, stumps, firewood, or other Elm material from which the bark has not been removed, and burned or buried; (3) Any living or standing Red Oak tree or part thereof, infected to any degree with the Oak Wilk fungus Ceratocystis fayacearum; Im 100.02 existence for ten years. Such a club or veterens' organization shall be incorporated in order to be eligible to apply for a license, and the license issued shall he for the sale of intoxi- cating liquors to members and bonified guests only. The Munici- pality may issue the amount of licenses as authorized in Minnesota Statutes 340.11, Subdivision 9 5A. Suhrl,vision 3. "off -sale" Licwnses. "off -sale" licenses shall be issued only to a proprietor of a drug -store or an exclu- sive liquor store, the number of ihich to be determined by the Council. suodivision 4. Sunday Sales. on -sale licenses for the sale of intoxicating liquor on Sunday shall be issued to hotels, restaurants or clubs as defined in Section 100.01, Subdivision 1, and which have facilities for serving not less than thirty guests at one time. Subdivision 5. Bottle Clubs. Bottle Clubs are regulated by the provisions of Minnesota Statute, Chapter 340.119. Subdivision 6. "on -sale Wine_" Li_c_enses. "On -sale wine" m licenses shall be issued to restaurants eeting the qualifica- tions of Minnesota Statutes, Section 340.11, Subdivision 20 and shall permit only the sale of wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. 100.03 Application for License. Subdivisior 1. Mlicatiors. Every application for a license to seil liquor shall b" verif'.ec and fi;ad with the Cie-k-Administrator. It shall state the name of the applicant, his age, representations as to his c'aractet, references as may oe required, his citiLenship, whether the application is for "on -sale" or "rf.'-sale", the business in connection with which the proposed license will operate, its 'location, whether 'he applicant is owner and operator of the business, how long he has been or is operating a similar business at that place, whether he has been or is operating a similar business at some other loca- tion (if so, the name of the establishment), and such other information as the Council may require from time to time. The application shall provide a florr plan of the interior of all structures. Such plan shall snow the dimensions and the intender: arrangement and use of all interior space. In addition tc con- taining such information, each application for a license shall be in the form prescribed by the Commissioner of Public Safety. No person shall make a raise scacemrnt a. Subdivision 2. Proof of Financial Responsbility. Each application for a license shall he accompanied by one of the following proofs of financial responsbility: IOU.C9 100.09 Regulations. Subdivision 1. Ncurs and Days of Sale. Ne-se}e-of-:n--- teraeettng-}tgeer-she}}-be-mode-efler-}-e+e}eek-erm--en-sender-- ner-snit}-8-n+e}eek-error-nn-Menderr-new-belreen-lhe-hners-Of -}--- ele}eek-arms-end-8-e•e}ark-prmr-en-the-der-of-8nr-state-ride---- e}eettenr No "on -sale" shall be made between the hours of 1 o'clock a.m. and 8 o'clock a.m. on any weekday. No "off -sale" shall be made before 8 o'clock a.m. or after 8 o'clock p.m. on anv Aav exceut Friday and Saturday, on which days "off -sale" may be maAe until 10 o'clock p.m. No "Off -sale" shall be moue Year's Day, January 1; Independence Day, July 4; 'Thanksgiving Day; or Christmas Day, December 25; but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, "off -sale" may be made until 10 o'clock p.m., 8 except that no "off-sa!e" shall he made on December 24 after o'clock p.m. (283) Subdivision 2. Restrictions. No "on -sale" place of business stall be permitted to have swinging doors or opaque win- dows. All sale shall be made in full view of the public. Every license shall be responsible for the conduct of his place of business and for conditions of sobriety and order therein. No shall be employed in any rooms constituting the place in minor which intoxicating liquors are sold at retail "on -sale". Subdivision 3. Sunday Sales. Notwithstanding the ptovi- ' sions of Subdivision 1, "on -sale" esta9lishments licensed to sell intoxicating liquor on Sunday may serve same between the hours of 12 o'clock noon and 12 o'clock midnight on Sundays in conjunction with the serving of food. Subdivision 4. Closing hour:., very "o,i-srle" licensee shall he responsible for cho removal of all persons, who are not employ -es of said Licensee, from the licensed premises within thirty minutes after Lhe sale of intoxicatlati liquors is prohi- bited by law; except, those premises that are also licensed sed as restaurants under Chapter III of tnl, Code or alleys under Chapter 115 cf trig Code, aru that said restaura.its or bowling alleys are open and operating subsequent to the Prohi- bition referred to nereir„ in which case persons may remain on said premises. In no event may intoxicating or nen-intoxicating liquor be served or consume) on anv licensed premises contrary to lr.w. (279) Subdivision 5. Persons or, Premises. No person may remain on a premises licensed fcr "on -sale" intoxicating liquors pur- suant to this chapter thirty minutes after the sale of intoAi- cating liquors is prohibited by law, unless said person is the li,-pngFp nr an emolovee of the licensee and is engaged in his business or occupation relative to the licensed activity. (279) ---------------------------------------------------------------- eHAPTER-4tl7--------------------------- RAPP6DBr-AND-6AMBh4N6-DBv4E86-------------- --4tlartl4--Prev4atene-ef-elaee-bar-Adepledr--The-prevtetene-- ef-Mtnnesate-6leenlest-6eelten-349r44-lhrevgh-319rtl3-re}el4nq-te- ehe-geme-ef-b4nge-end-Seelten-349r26-lhrevgh-349r39-re4atinq-te-- pedd4ewhee4st-t4pbeardar-pv}}-tabs-er-e4eke!-Lars-end-iatterte a-- e!e-aeeplee-ene-maee-a-pact cf tit-eherter-!� �6 •e•-erl-4n ----- fn}}r--}n-eed4e Mnr-lhe-regv4etisns-ef-lhta-ehepler-she44-epp4y-- te-lhe-eendnee-ef-bongs-end-reff}es-end-lhe-ass-ef-such=gemb}4ng_ devreea-w4lh0i- Me-Qttyr-------- ----------------------- --497rBtl--Perm4!-Regn4redr--The-geese-ef-ab4ngear-eaff4eet--- and -the -use-ef-gemb4}ng-dev4eeer-ea-heretne4eer-def4nedt-4e-here- by-dee4ered-:}}ega}-nooses•the-perm4!-heretnefeer-prev4dtd-fer--- 4!s-fors!-eble4ned-end-e}}_regv4rements-heretnefter-SPee4f4ed_eet fn}}y_e�p}tad-wtlhr------------' ------------------------- _______}tl9rtl3--Deftntltenar--The-fe44ew4nq-rend-end-eerma-------- wherever-ehey-eeenr-tn-lh4a-ehepler-shei}-be-deftned-es-fe44ewsr- _____}}}--Ael4ve-member --- A -member -of -a-44eensed-ergan42st4 en-- -------rheee-does-ere-petd-fer-the-everen!-memberth4P-Per4ed-snd- ' ___-___hem-been-e-member-ef-lhe-ergan4tae4en-fer-ae-4teee-e4t---- ---'---menther--------------------------------------------------- -----f94--84nge--- A-papv4ar-medern-var4el4en-ef-Amenes-er------ _-_--__a"tte2r-where-each-p}eyer-hem-a-eard-er-beard-eentetntng- -------f4�e-her4senea4-weir-e}}-bvl-lhe-eenlrt4-ene-eenestn:ng--- ---- four-ftgneeer-tht-etnlra4-raw-hrvtng-fear-ftgnres-vtth-the - 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the _game -and -for-emir}+a nee -with- the - prey tstens-Of -e}}-------- pert:nent-etetneesr-erd+nenees-end-toga}eltens-ef-any-gevernmen-- ee}-egeney-pertern+ng-en-lhe-eendne!-ef-p+eying-of-se+d-genie-end- !he-premisea_ npwn-whteh-the- mate -game-ts-eendneledr--Ne-person--- she}}-make-e-fe+se-s!elemene-to-en-epp}teeltenr--Feptes-ef-eeeh-- epp}+eelten-she++-be-referred-te-the-Pe+tee-Fhtef-fer-hta-------- reeemmendee4enr-------- _______ W70; --Permtt-Peesr- -If he_epp+teat+on-she}}-be-anbmttted-- te9eeher-rtlh-lhe-permte-fees-esleb+tshed-by-eeee+atten-ef-the--- Ptty-Foanet4-fer-.eeh-binge- (gee aatom r-event -nstme) -9emb+tmg------- devtees-er-reff+e-te-the-F+erk-Admtn+streter-fer-preaenletten-te- the-fennet+r----------'--"-'----"-"-- ------------ ______-}g7rBb--fnfermetten-Regn+reAr- -The -epp+teel+en-she}}-state the- +eesttonr-date-er-dales-enA-7he-hears- the- btnge-eeeesten-er-- reff+e-wt4+-be-eendneled-er-gemb+tag-devtees-rased-enAr-tf-eppre-- pr+ever-thr ntnd•ef-gemb a rag-devtees-M-be-rased,-end-lhe-epp++--- eent-ergantrat tmm-she}} -met -eendne!-setd-games -at -any-" her-t*me - than -lhe-hnyrs-end-dote-er-daces-spec:ftea- tn-the-epp+,eattenr--- n -t!s __}Pasb9--fnm+et+-Aeltenr--After-presenletten-of-lhr-epp4te eel+en-end-the-fees-es-heeetn-prevtdedr-lAr-Eennet+-she++rr etserertoM-a+lMer-grant-er-deny-thr-semr wiihtn-+69deye-free--- the-date-ef-epp+teeeten-bnl-she++-nee-tssne-e +teerse-nrtt+-et--- +eest-48-days-etter-thr-dote-of-epp+�eelter.r---- ------'-'-- -- _______}y7r}N--Wrensferr--Ne-perms!-tssned-ender-Mts-ehepeer---- she}}-he-lrensferred-le-any-elher-nrgeniceltens--Ne-such-perm+!-- she}}-be-erensfereed-le-any-+eeeeten-ether-then-!he!-spec--"-- tAe-+tetnse wi•`.met_pr:w.-ape.overnf-ehe-Eenne++r enA-6emb+:n9-operel+ensr--------- -------SnhAtvtsfon-+r--bomb+tag---Rtnge-Me+e�err--Reeh-e++gee+e-- orgen+eeeten-+teenned•en-eendne!-binge-aeeestens-shot+-opposes-e- btngo-manager- to- snpervtlop -sneh-eeeeetensr- Reeh-a+tetb+e-ergent- eecten-permtetad-tn-rase-gemh+tag-Aevteea-and-eendnee-reff+ee----- she++-eppntnt-e-9emh+t.9-meneger-te-enpetvtse-eperetens-se------- permtecedr--A-person-may-eee-es-beM-gemb}tag-manager-fer-a------ etnq+e-ergenteeetonr-bee-etcher-a-gemb}tag-or-binge-manager-fer 108.01 CHAP'ITR ION PUBLIC DANCE HALLS lo8.ol Definitions. ¢i,hnlvision 1. public Dance Hall. A public dance hall is hereby defined to be a building, room, place or space open to or rented to the general public and operated and designed primarily as a business to provide dancing facilities for a charge. Subdivision 2. Public Dance. A public dance, as the term is used herein, shall mean any dance wherein the public may participate; whether or not a charue for admission for dancing is made. Subdivision 3. Private Dance. A private dance, as the term is used herein, shall mean any dance held in a public dance hall but where the yeneral public is not admitted. 108.02 License Required. No person, association, partnership, or corporation shall directly or indirectly give, hold, or conduct a public dance or a private dance, as defined herein, unless the proprietor of the public dance hall, or the person giving the same or in charge thereof, shall have first ob- tained a license therefore from the Council; provided, however, that the Council may in its discretion permit ay lodge or society not ory3nized or maintained for profit, or community or i, non•profir organ,.zutiun to conduct infrequent public dances without `einy licensed as herein provided. 11,R.07 license A_ pplication. Every a,plicatecn for 3 public dance nail license shall he verified and filed with the Clerk -Administrator. It shall state the name of the applicant, his age, representations &s to hi= chara:te:, with references as may be required, his citizenship, whether the applicant is owner o: opera'_or of the business, how long he or she has been in that business at that location, and such other information as the Council may require from time to time. No person shall make a false statement in an application. ,nw. n1 Denial or Revocation of License. Any applicant or licensee shall be a person o. good Loral charac•e and reputation and shall not have been converted of a felony, yioss misdemeanor, or crime invnlviny moral turpitude, and any person ttat is 4 licensee, and who is convicted of a felony, gross misdemeanor cr crime involving moral turpitude, or a violation of this chapter, shall have his license revoked upon such terms and conditions as determined by the Council. No license shall be issued or renewed for any public dance hall which is not properly ventilated and equipped with necessary tiolets, washrooms, and lighting facili- ties. nor to any place likely to become a public nuisance or detrimental to public morals. 110.12 Subdivision 2. Notice of the hearing for revocation of a permit shall be given by the Clerk -Administrator in writing, setting for specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittPe at his last known address at least five .IdyS ptwt La the dat.. "'A h.r hear,n,3 or •:hall be b-li+ered by � police officer in the same manner as a summons at least three oays prlvt Lv Lire date sc• f-'r h..wrinn, 110.13 Appeal. Any person aggrieved by the action of the Chief of Police or the Clerk -Administrator in the denial of a permit as provided in Section 110.16 of this chapter may appeal to the Council. Such appeal shall be taken by filing with the Council within fourteen days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner ds provided in Section 110.12 of this chapter for notice of hearing on revocation. 110.1d Reapplication. No permittee whose permit has been revoked shall make further application until at least six months have elapsed since thy last previous revocation. 110.!5 Expiration of Permit. All annual permits issued under the provisions of this chapter shall expire at midnight the 31st day of Decemoer in the year when issued. Uther than annual licenses shall expire at midnight on the date specified in the license. 110.16 License Fees. eke-errned-f4eense-fee fer ------ pedd}ersr-se}ie4eerer-end-frenetenf-Iserenenle-shut-be-fit?5r69-fer fhe-ftref-iseefh-pfits- 649rb6-fer-eeeh-ediietenef- eneh-er-freet"M fhereefr The fee f:.r every such 11 ense shall be established by re,,olution of_thc City_Council_ 110.1'7 Penalty. Any person who violates an,, provision of this ordinance is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding S500 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. -----------------------------------------------------{{2re{ ---------------------------CHAPTER-}}2--------------------- ______________________MSBfbB-SSWABR-eARRfRRS--------------------- _______}{2rU{--Mnb4{e-Bewege-Ferrter-Befinedr--Any-vehte{e-ewned- er-epereeed-hy-eny-pereenr-f{rer-partmershtpr-er-eerpeeslien-ohs! •w-�.+tonow -*w-eo{{ere-ena-tpans enrf-seweee-ee}}eeled-frem ------- 4ndtrtdne{-sewer-synfeme-she{{-be-eene}dered-a-Mebt{e-Bewage----- earrterr---------------------------------------------------------- ------- }}2rB2•-tteense-Regrtredr--ft-she{{-he-nn{ewfn{-for-eny--- persenr-firmr-perinershipr-sr-eerperaeten-engaged-4n- the- bust mess ef-mebi{e-serage-eery:er-le-eendret-sweh-be94mess-wtlhtn- the ----- Mwnleipa}ley-rtlbar!-having-flee!-seenred-from- the -Men tetpe{tty-s {leeeser--------------------------------------------------------- ___-___}}2rB3_-App{teellenr--App{leslten-she}}-be-made-le-the---- e{ark-Adminteereler-open-e-farm-preser{bed-by-lhe-E!erne{ir--4ha-- epp{tealten-eheit-sec-ferchr------------------------------------- ------- +{{--Name-end-eddreaa-ef-epp{teener----------------------- -------t2i--A-t4sl-ef-che-egntpmene-rhteh-he-prepeaee-ee-rse-tn-- ------------ the-bee{neser---------------------------------------- -------{3�--A-eeretfleele-ef-:nanrenee-er-el her-prsef-ef-ftnsn--- ------------ale{-reepenetbit4ly-providing-eeverege-tn-lhe-e�ewnee ------------------ ------------ tnjdry-end•659rBBB-for-property-demege-she}{-be------ ------------ a!laehed-ts-ehe-epp{teellenr----------•-------- ------ ------}}2rB{--Nea{eh-9fEteerr--Pe}d-epp{ieaelen-may be- ------ !e-ehe-Xeeieh-Affteer-far-h:e-4nveel:geeten-and-reperer----- --__---_{}2rOS--fiteense-Peer--Before -any -{teense-wt{}•be-tsswed--- !he-epplieen!-ehe!}-pay-le-the-eiark-Admtnteerelor-en-enure:----- {teenee-fee-esteb{tshed-hy-reset{niten-ef-the-ztty-c_ernet{-whteh-- fee-eha}{-eeeempeny-che-epp{teeetenr----------------------------- ------- }}2rB6--effenstve-ederer--Reeh-{teensee-she{{-nee-a------- eereter-!hot-ehe}{-be-kepl-e}een-end-es-free-from-effenelve-sdera es-peeetb{er----------------------------------------------------- ___-___}}2rBa--P±na{! r--Any-pereenr-ftrmr-perinership�-er-ear--- peret4en-vto{re4ng-eny-seerten-ef-lhte-ehepler-ehe{{-be-gn4{!y-ef a-mtsdemeenorr--t93{ 116.01 Ok CHANTER 116 ITINERANT AMUSEMENT RIUES, CARNIVALS, CIRCUSES 116.01 License Required. No person, firm or corporation shall operate, maintain, or exhibit any itinerant amusement rides, carnival or circus within the municipality without first .iu lalniGy a ,jccn-� -- in this rhanter. 116.02 Application and Issuance. Subdivision 1. Application. An application for such license shall be made in writing to the Clerk -Administrator and shall .state the full name and address of the applirant, the loca- tior where the amusement rides, carnival or circus is to be conducted, the owner of the premises, and such other information as shall be required by the Clerk -Administrator. Subdivision 2. Review and Approval. The Clerk -Adminis- trator shall verify the information supplied in the application and conduct such investigation as required by the Council of the applicant, proposed activities, and premises. The Council shall require review and recommendation from the Fire Marsha++ Fire Inspector and police chief before the license is granted. The council may require a public hearing on the application, andsuch hearing shall be held at such time and upon such notice as e Council may determine. The Council may grant or refuse to grant the license after consideration of the application. Subdivisici 3. Conditions. The Council may impose any conuitions or restrictions it deems necessary or advisable in the public interest, including but not limited to conditions rela'-ing to the hours of operation. the outs4de lightinc of the pre.ises, and parkinq fatuity. The Council Mal also reserve t'ie r.oht to impose any conditions or restrictions at any time after the issuance of a license hereunder. A bond may be required ii such form and amount as specified by the Council to guarantee com- pliance with suc:i conditions as shall be herein imposed. 116.03 License Fees. The fee for every such license shall be established fy resolution of the City Council and shall be paid at the time application is submitted to the Clerk - Administrator. If the Council denies an application for license, the Clerk -Administrator shall refund the license fee after de- ducting $25.00 for the costs of processing the application. 116.04 Insurance. (1) The licensee shall obtain and keep in cull fc-ce and effect proper insurance coverage to protect the municipality and said licensee against any liability for personal injury or 102.05 202.05 Distance Requirements. No person shall operate a snowmobile within 150 feet of a residential shoreline on sanctioned lakes in Ramsey County except at a speed of 15 miles per hour or less for purposes of access to and egress from the lake, or for the purpose of parking such vehicles near the shore- line. 2U2.06 Tow Bars. No person shall operate a snowmobile so as to tow any person, sled or other conveyance except by the use of a rigid tow bar attached to the rear of such snowmobile. nis- abled snowmobiles shall be exempt. 202.07 Mandatory Lights. No person shall operate a snow- mobile unless such vehicle is equipped with a head light and tail light that are illuminated at all times during such operations. Snowmobiles equipped with an engine of five (5) horsepower or less shall be exempt. 202.08 Mandatory Pennant. No person shall operate a snowmobile unless such vehicle is equipped with a red or orange blaze pennant flag of at least forty (40) square inches in area and displayed at a height of not less than five (5) feet above the treadway. 202.09 Penalties. Any person who violates any of the provisions of this Ordinance, Minnesota Statutes 84.81 to 84.90, or the Regulations of the-ommiss,oner of Natural Resources N.W. 51 to 59, shall be guilty of a mis.iemeanot end-be-punlshed-ly-e f4ne-of-ne!-mere-than-6aGd-ee-by-tmpz4eenment-for- not -met e-tNen-- 9J-deyr-ee-belhc- 202.10 Repeal. This o-d,-iance upon promulagation repeals all pre-existing regulations ir. force except that scch :egula- tions shall be deemed to be .n f(,rce for the purpose of perfecting any right vested, accrued or arising th_refrort,. 2U2.11 Separability. The provisions of this ordinance shall be separable and the invalidity cf any section, paragraph, subdivisinn or other part thereof shall not make void, impair, invalidate or affect the remainder thereof. (239) 300.01 CHAPTER 300 rk MISDEMEANORS 300.01 Adoption by Reference. The acts, types, and causes of behavior enumerated I this chapter constitute misde- meanors and are punishable as provided in Chapter 1.11, I of this code. The following provisions and sec- tions of Minnesota Statutes Chapter 609, the Criminal Lode of 1963, as amended, are hereby adopted by reference and made a part of this Code as if fully set forth herein. Subdivision 1. General PrinoiLles. (1) 609.02 Definitions. Subdivisions 3, 4a, 5, 6, 7, 8, 9, and 10. (2) 609.03 Punishment when not otherwise fixed. };}--669rH}}--}nereesed-MexrMnm-Pene}er-fer-Mtedemeenere: t3}--669r32--}nereeeed-MeMtmnm-Pens}e>•-fer-6rdsnenee-Vie-- }eltenr- (3i 609 33 Increase maximum penalty for misdemeanors. 14l 609.034 Increase maximum penalty for ordinance vio +4+ (5) 604.05 Liability for Crimes of Another. F;} (6) 600.06 Authorized Use of Force. 46} (7) 609.085 Sendino Writteo Coa.mrmication. Subdivision 2. Anticipatory Prime. (1) 609.17 A' -tempts. (2) 6U9.175 Cnnspiracy. Subdivision 3. Crimes Against the Person. (1) 6C9.224 Assault - -4th 5th Degree. fQ}--6B9r�6--Fen4r�4ng-9wn-Eh4}dr- Subdivision 4. Crimes of compulsion. (1) 609.27 Coercion }� (2) 6U9.28 Interfering witn Religious observance. Subdivision S. Sex Crimes. 400.Ui CHAPTER 400 ADMINISTRATIVE: OFFENSES SECTION I. Chapter 400 of the Municipal Cede Entitled, "Administrative Offenses" is established as toliows: 40n,ni nefinition. An administrative offense is a violation of a section subdivision, paragraph or s 400.02 Notice and Payment. Subd. 2 Payment. Once such notice is given the per- --_�T.-.- X.•Un v.nl:.,inn ahAli within seven s r. violation. A late char a shall be im os-ad "or eacn i A ...e ,hc nnnwi:-V ra.na.ns unoaid after the first Y 400.03 Hearing O:ficer. The Clerk-Admin controversy -relative to •this chapter. The hearin offirar and is a JUbl IC officer as detinea oy ninneavca : TacntA Statutes re 400.04 400.05 Failure to Par. If a violator fails to pay the , nalt im sed the C erk-Administrator ma order the ssuance of se ordinance complaint as authorized Dy law and the violation shall be processed as o crime nn the RStatu Count Munici al Court as rovided for 11 Minnesota Statutes 4 A.1of SuDo. (2). 400 06 Disposition of Per.alities. All�enalties collected shall be paid over to the r� Treasur.r_ The Clfrk- Administracor may receive negotiable instruments in payment of penalties as condit opal Drynent and shall_ not be held sh accountable therefore. Receipt shall be lsaued for rash pay"nts. Ann ns Misdemeanors and Administrative urrenoen. ♦�.� awn derlared mis-emeancre DX tn18 COUe waY ue si.d: y..� es 11 CHARITABLE GAMBLING SURVEY Per Council direction Staff conducted a survey of seven local municipalities regarding charitable gambling in their city. The following is the response received from each municipality. New Brighton - No regulations or restrictions, �wever, They still have not rescinded their previous ordinance regarding charitable gambling. Would like to keep this within local non-profit organizations. Blaine - No regulations or restrictions, would like to stay with local non-profit tiors. Spring LaKe karK - No regulations or restrictions, however, would like to stay with local non-profit uryanizations. No regulations or restrictions. Arden Hills - No regulations or restrictions. North St. Paul - The City attorney for North Sz. has drawn up an ordinance reguiatir.g charitable gambling !n their city. They will forward es soon as it becomes available (still in typing stag2). Shoreview - as of October 22, 1985 Shoreview had notganged their existing ordinance, however, they have set no regulations or restrictions regarding to s matter. MEMO TO: Clerk -Administrator and City Council FROM: Director of Public Works/Community Developmen'" DATE: October 17, 1985 ��^^���� SUBJECT: STREET MAINTENANCE AND CAPITAL IMPROVEMENT The City has contingency reserves for water system maintenance and capital improvement and for sewer system maintenance and capital improvement. The City altiu has contingency reserves for revenue shortfalls. At the present time, the City budgets every year for street main- tenance. The City does not budget for street capital improvement or replacement. At some point in the future the City will be faced with spending money to replace some of the streets. In other words, at some point in time the streets will wear out and additional maintenance work will not be cost-effective. There- fore, when street maintenance is not cost-effective on a street, then the street should be torn up and replaced. The same thing happens for water, sewer and storm sewer systems. Therefore, I propose setting up a fund entitled, "Contingency Reserve for Street Maintenance and Capital Improvement". I propose that the initial balance in this account come from the 1985 Street Maintenance Budget. Expenses for street maintenance in !985 are less than the budget amount because we combined street maintenance work with the M.S.A. 1985 Street Improvement Project on Quincy Street and because the contractor's bids were very competetive, hence the unit prices were low. The amount of money that could be allocated to the contigenc, reserve for street maintenance ana capital improvement will he known once the contractor, H 6 S Asphdlt Company, submits their final bill@ RECOMMENDATION: 1 recommend starting a fund entitled "Contin- gency Reserve for Street Maintenonce and Capital improvement". The interest from this fund, and sometimes the principal from this fund could be used for future street maintenance and capital improvement. one of t'ie benefits of this fund is that by using the interest. from this fund, or a portion of interest, for street maintenance each year, additional monies will be freed up from the General Fund for other General Fund purpose;. Also, the Cicy will have a source of funds to reconstruct itreets when that harnmes nereeeAry in the fnt„r- sWT/bac 1 60 S�tr,od��%n a iz��S C oA rr„1 a Ot4vil-, S MEIN) '11): C•I••1k-Admtl,l.. 1, +l.-1 .enl I'll', OW Flim: Ditert.a '4 Purl lr Moll,; r'wnuee,itV Ik•v,•I•.pm.•nf,.)?�,T Uf' AT: ovlol1.•r /11((//^^'"' SUBJECT: ENGINE ANALV<t:k The 1985 Capital Imill,+:•,•m,•nf Ilwly't iM'ludrs Ss0100.00 for the purchaa• of an engine analyzel fill tla• g•Irag1• llnfrared scope). Staff received I quote-- lot Ih•• rw hi,•rt equipment. The first quote is Ir,m Sun Fit,elrc Corpot.lflon in the amount (it $6,1b0.50. lids gnot.• in. -ludo; rn on -lint- analyt,•r, mAgnetic timer, and volt/amp tenter. Tls• engine analyze) ierturms autoilla- tic cylinder halance t1•4fs, display% h.Ise RPM, shortened RPM, RPM change, and dw•1 in de,ireen and l++•rrent. The engine analyror also has Ali infrared to -.:lure Thal measures MC and CO exhaust efficiency and RPM at the same time no that maximum engine efficiency can he achieved. A ropy of the brochure in attached for your perusal. Sun tleetric Corporation stated that they would not putrha%e tho old •Iroiw• that the City has, but they would help us find a potential toyer for the scope. The old scope does not do enough tests for uv. The old scope does 50 percent of the tests that the Mew en,line Analyzer d.eq because the old scup,- con only G• used on rats with condensers and points. The new engine analyzer can be used on cars with condensers and points as well As the newer cars that have elertr.elie ,.#0 .•..mplttoriY.ed .1ysh•ms. The vhangeH tAkinll plAce in the Automobile unginea is vuty much like +A nq 11,wt tuber: to transistors in radios and stereos. Also, the old scope needs now repairs. The second quote '.s from Bear Automotive Notth Central, Inc. in the amount of $7,979.00. The equipment that Bear Automotive is proposinq to provide will conduct the same tests as the egaipment from Sun Electric Corporation. A copy ut near Automotive's brochures are attached for yor pu-usal. The third quote is from Snap -on -Tools in the amount of $8,'00.00. RECOMPWATIONt Since the 1985 budget tncll.des $8,000.00 for an engint, analyzer, and the engine analyzer is needed to insure that the newer cars and propane fuel -Systems are workinq as optimally .t-S pennihl,•, I reromm••nd IhAt the city purchase the equipment in Sun Electric Corporation's quotation in the amount of $6,352.50. The money will come teens the Maintenance Garage Account 1100-I8u-4,u I. SWT/hav un `tMIIII Ila „YY, Alain N QUOTATION and 0113 Ar In RI uul ,l SI NO RI PL I TO AIIN ATTN ,"IS IS OUR QUOTA PION A) Pf R YUl1R R. UUE) I DATED FOR THE EOILORINO IfEN). � NET UNIT EtiEN0E0 IIEMI QUANTITY MlUE 1 AND :a )L RIP I ION PRICE PRICE /a/If i%a •i..Y l• 1 / I 5 ' i I n I I ATRM IwtMPI 0. 9'0 )UM ELECTRIC CORPORATION " 'jK . At Adaanta es_o S_ 'hie Clue /-CustomerAcceptuuce 11.1.. "I I I,drfi Jrull-ln. h•, n d. V+ du 4I h Jnn� In a xn lu.l.•Il�ll , 11.1 v'n hry ynYfi//.Ill//•YYAI,IHI/ to f/MM f n u/Ihr/xflll /hvuw bur NrrrlP•h!/•i,xr rinll uN,.nn•. I'll llhi r, Ill, • h'a/uJJi yJ�q r q. vl• •fill' Jubl tll.. 111 Jh' ll//W IxU/b.II /u nY/In .' i nMxlnA . ul/n�nn f•. •, uln/YN l hl\11r h v I r d/ yY� bYUh i' • \It II ,4I7it' /nAll . •. 1/4 - l.'. 1,hv ultth Louler Investment hiY. All lllh.,y.n....... h. byn.n'IIh /Yll,'/xll w... v .Innob ma .ixryYl. to A/dwl „/p•n .unplr , f., nl,n,'.uh x"nLrauu luo •'lh, I. fit d.•r . uN no d.1, xp to I/% Im-M,luIt. n/fi If.A0 h)It ./ ad, am 714' vrvn VYlldn fill-, fm /„ v.l- IfIf, l:vp •In• Pill nullyd If'Im llll \' ll..'II//r N'lllllb,,•I by ws, v/n nh xn,.. y nn, m", y..vvlfilln WON I•I fn/n 1,011 lu \Y'/ /.. A.A.Ull u/ rlr• In„ lnflll /. "1 4 hit d,., /I n.'11c'm Iu I we h IYf t, l/ d, A, vt l /Olv' 1, xIR h, Irr1 h,, rlvl% told it, l Ili /n' IIVY1 null, I//, tnn uht n• u/ I ulfi, Jn y. • Stiff"I-111alnxllb //.P /tv ld,', i f N �I ri Advantages of High Techn .i Irlll'n>/:nmC w, In IdIIMMd,I IN, N'ukn, AMA%IIdlhl'lkth'uulL W1,111'"I tll(Mdrllllk^j"I 1/M• Nrry//n w nerhing JMNIIII AL II'r, Nlg. 11 , u v wa4// IM• nydua rr/_ u nb puJ, xun, N/, , . 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(pllNn •rl rued rna IrorN dl rlrlrlonumlv'.nG 1•rhpu. hh it it• hG'Irlf-aild I ullr Iry INIA Idol N 04'llll lI'wri YI i • hdv_antage.s of Sw-1 Service ,tiutionivide sides au►d service netuwrk 4/Yv lull bnl io In nr Men bl/� 1. •n rr/ rll. e r ll,u/ r,/...f nm'lll 1.11b'. Urfure /Ihln•. 4unl ulli inIto uA•A'//,•nnl::. ,#1, all ")I,Ill el • III••nl "If/1/loll.'Id lrlfgx'of, l.••a•el. .cur disc for hiever p►Y►fits is closed 11/e1, I:hl/lI n ll Whe-//41t'hN n. bl1lll Nll-.. 1h el4/lnn' .uN/ If an VIII xaY• /i. 'I wh IIII I'. Illl I l $1.1 ,/•./•1.- 1, .. MUh 11.1 ...... l/xa a nl h l/, uu. n/.n nul.r fenla. Il/ no.11nl/n7411, IIY,lI .'Il.... No /Yll lll.', "Id. ill'C///Ill/%: III'ullly ,. ,(+.all l.. fn•./l1, /•Iu4/,p-,,,. ,. ed�.(,v,hn llel fal/. 41v'.0 .r(• i,. x1al,... n,, 1171 rl ,ur Ill '. h, n/Id,nvnrl. u,h.:un � v.l.1, b. nl 1n/d /h/, 01141111. 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IixlY I xell' 1.11'111, e • J I CHECK THESE EXCEPTIONAL FEATURES AND BENEFITS i VERSATILE, i ET COMPACT F;EAVY DUTY Ilrip STAND WITH Suits all ]utomotive seMce t7ulitres including RIMMED SHELF FCR TOOLS AND diagnosis centers --even the sma!l crcwdad shoP BAT(EFY SERVICE hiT ■ SIMULATES DISCHARGED BATTERY WHEN TESTING CHARGING SYSTEMS A must, to pel rharging system tests accurately ■ 0-CENTER AMMETER 5W !o +sm scale allows testing of starting and charging system without switching leads or polarity ■ COLOR CODED PROGRAMMED cc fNl IrldTIAI TCCT CC[ crT^n Color squares identify meter scales to be read ■ EIGHT INCH METERS Large unouttered scales_- ^acy to read and understand Self contained enargmg and 5!artmg system service Center ■ SPECIAL LONG -LIFE CLAMPON LEADS the easy to use Volt/Amp Tester Proven through years o: testing a POSITIVE PROTECTION Prevents taste' damage from overloads a,.dror reverpe hick -ups ■ RUGGED CONSTRUCTION To withstand wear from long, hard use. ■ LARGE, EXTRA WIDE CASTERS 1 Designed to glide over rough floors and draws SUN'S MINUTE -MAN TESTER WITH EXCLUSIVE PROGRAMMED TEST SEQUENCE! ONLY 4 STEPS REQUIRED! A complete STARTING and CHARGING system analysis In MINUTES' DOES THE COMPLETE JOB! Ideal for the EXPERT MECHANIC. Yet, protected and simple enough for use and interpretation o} YOUR PART- TIME HELP. LALTEFNA'(OR•GENERATOR OUTPUT Th^ chargmy system is tested as a com plew unit --or the (ien All can be 'ested by Itself rdh trip vellage regulator bypassed. DIODE -STATOR L)Plecls all detective diode and slafor problems while running Finds problems InAI normally require tear down and adds tional tesl•, in land STARTING SYSTEM �J Checks performance of automotive 6 and 12 volt batteriesstaffer switches, starter motors. and cables tested under actual working conditions VOLTAGFREGULATOR �J_3 ACCu'alely tests .he o,iige re�u10I::! PLUS! Battery drains can readily be observed at any lime in the ei position with ignition lumen Oft PROFIT FROM STARTING AND CHARGING SYSTEM PROBLEMS Here s how On every tune uptroub�esh000ng or pre ventive maintenance service you perform, check the bay rely And when you find battery trouble, find the Cause to prevent customer Comebacks Use Sun s IBC 720 intelligent Batten Charger and VAT 40 to lest the starting And charging system In detail —battery starror switch, starter motor, alternator tar generator), von age inguloolo, It takes only minutes your Sun Rep can show you how Just ask room BID DESCRIPTION Tester. Starting and Charging Systems. Portable, designed to test 6 am 12 volt starting and charging systems equipped with either generators or alternators Simple and easy to use on systems found on civilian o' military equipment. ground support, marine and stationary power plants Con plate with illustrated instructions Teeter features an ammeter with clamp on probe capable Lot nxaawiuy d, Current up to 500 amperes and has the Capa bdity of load lasting 6 and i2 volt batteries with up to 160 AM ratings. It Is equipped with rugged meters and a special field bypass circuit for testing maximum output of charging systems SpKt( • Starting and Charging Systems tester. Sun Model VAT 40, or equivalent SPECIFICATIONS • Carbon pile loading device capable ut appli ing mtinttely conlrol4u' toads of up to 5WSn,pe(es within a duq cycle of 15 second; on, e(D seconh oft • Heavy duty load lead? of 04 extra flexible cable, 7 feet I2m) in length, equi;pad with low resistance clamp -on .onnectors • &Inch in cm) two -scale ammeter with aclOr coded rang±• a !r`v14 00 and sol"b 0 amperes. Ammeter stele ranges automatically selected in each test selector pesdion. • Unique Code statot feel Scale on ammeter face • Unique ciamp un ammeter PfL)bO and fleAible 10 foot 13ml lead equipped with quick disconnect coupling • 8.mch i20 cmi two scale voltmeter with color coded ranges of 0 to 18 and - 2 to 0 to 3 volts. • internal voltmeter leads. sense voltage at load lead con nectors • Individual, polarity identified, external voltmeter leads. 7 left (2m) long • Manually operated internal/External vollmoo, •� selector switch. • Field bypass circuit lead, T feet (2m) in length, equipped with standard typC, p.:.h on I1014 ,sad cwnidi. tine • Two -position, $Xing -loaf Field activation loggia sw'Ich • An meters, controls and leads mounted on a sturcy 16y8uge, stamped heel panel. • 1.11 tester components encloW in a sturm 16yaugts, slan,ped ant welded steel housing with ha,ldle. • Sterol panel and Musing finished In -V anC blue, chip and stein resister; baked erlarrlef • Clamp -On ammstw circuit will operaie accurately any- where within a range ut a . to 40 volts de available at the load lead;. • PC114Dle Teel Stand Included • Enl:re lister measures approximately lave' . 17' x OVit (37 x 43 x 17 cm) yyalght is 20 Ibs (9 kg) • Four position Test Salector, color coded to indicate Literature Includes Qperiacy 9 Manual, Quick Reference specific meter scales to be read in each test Guide and Test Report Forms to un 693-895-2 (4830) nury I, I, IPc a 1984 Sun Electr.c Corporation C0fai0Rataas • - - Printed in li S A. — �Jrup>u�al --- NO BEAR AUTOMOTIVE NORTH CENTRAL INC. 3606 No. Dunlap St Paul, MN $5112 612i464-6461 PROPOW TO SW TO. l itv nt NYaYlsviw .., ADDKW 2401 IliKlxry IU CITY, WAVE AVO Zr CM St. Paul,1N_.Si1�2 Hick !d' idlin (Nw r) ~ W/764-W ME OOOV[ M IaAO�� --(1) 4UfiW &car Faun- Scope (1) 424MO Missions ANalyser (1) 42-202 Alternator4ttvulator4lattrry-Starta•r-Tester - (Wth lixu sap scale for tsvuy duty diesel testing) 41-M 1KWTlwiy; Rslvr f 4,896.50 i 2,415.OD { 795.20 $ 276.50 lrzi [t'aAl•-in (4(>•I7s) IYrgn4te - i _ 4004•20 — -- — --- WX : 7,979.00 M YV.,..p• • !iN — • • n n Yr rr rr p+M/�r W WY /�Y r Yrr Y �r M.YMY• Y M YY� M Mr. Mlr»n, �,.1 pMp p WYM YIIW. rW �" rMrna •� WrYY inn,Yp. Op IiWY,N M /YYYI w pY.Mnw�p np W.Yp Y M.1Yp W M �,nrl„t �Y4WrYrYrt MY,stl Nn Y. ..s.n1 nN .Op pMp rY,r� t�Y YY,r»ppp.np�Ylp w,M.uw M...VM 1Y .p�pn :TMap. rp .�W W 1M, IYtrM nFp snYpM n YYp M.w v apwn Intl Y 4....Y. IM W pI.Y nfrY, pw/rM YI p Y M pp/M pM• rA YYIW. AcuytAncc of — rsrrr WrYa,.nn wY, IYYYM .urlp ..IYp�.r. Yppr. .W .../pM N.npl p� p+..M p sariN Nw THE FUTURE SCOPE SPECIFICATIONS • Model 40-600 Senei Ilrr,lrrr)Ir �1 � Il.,:rir I...r.l.11rl IIM• •I..Irl.l' .Ir.plrr ri 1 .qn• 1.. r rq nq.rrl M•Y auaLM M uy.n.11r In h•r•NrP I .......... .nlapler. Mal wl. p.a.l IIIIo the .......lvm, lot Gals of It". Illy) •. 'xY .1, "itIv. • , fixer e You 11 he ,hk• to , hwule the I,.lu,✓'Trope .IN,.en.. You M.ay,wl4•'. Pu hr...r• ,all r.1tilX.rlxm .MITI OsClaa n," 1,•n I.'.w h, 11 L Lldr lot owtNeft", Pon" conlrols alloy p.w, to he LI•J✓red sp,Pnrl nsluuany •u IhP rapar,rWl lath to 1* ,ewcIrhJ 4110PA" Iw+ nu'n 11 S cm) chug, ern 1.01,11 preu,plPl• .nW.dk• Jr.yl.n 0^9991 I rlawp ,11 199 1 br,... 4 ru 199 9 1 Arid Ohms .d 149 9• ... I Invites 70 A wit : S1, 4 meet Mal setwself"w pl o1p.Nn, ... m V. or,ar Vgwm,z• Il ,.domnh"" sari ...npr patle„'• .vial "Pl✓. hu„ Iw.r. •,•,ne1 vei ¢N!'esh. Uy9Ned aetlror 9tonlpyrs .ndwale M1Aly.6, 1uhclWn Ihrowll,.rpp It, seep W... .le Wit the prompter,. AI» indicate When 5{KKNI IC.I .,a + Igrc e,l In guuM Inc operel y rn Proper a1.1,101 opelallpn BKk bighted $ inch 170.7 Civil meter Plre, m, w,rlt•h' b" l pr✓rlp.ut p•Id✓r ,.o,. 11.1. Iyu II P M +c.rM�. of hn.n'I lu lilk),InJ l•' Yla41,✓. n+•w alsn e..ub••. arT Pghlh,b+I Id,aYYllaMr ,c..w of ; tX1I1J,n 1(Xp r L.i n ea•1 n u.,.r qu'.ny p!_... r.e... , Il.,�.,..yna . r . rbT..h•r r...w✓r Lalan.r lP+l, bM.nr �w1P� 1yO way. Lrn.Yp� II 4111 pr a IJI1V "It. gl.w.1 Irrp••rple••. •p m hf.11r . ,4P n, uw MaaW M I.h.. q. .nyrda,s I �It,r,y,erAnm qrl t 1 y b If Or 1.- ,lx,dr, nh A,w lWrp w. r iwndryr lrgn The 42 000 klhazed Pscka" w'...1 I I.. slg, rrllu aril 40 bw vnv. ,rly4eel Nee l t)udl 0 I.''0 pnl Nackl,g6ted Colo, r'.,. ,,.wlPr. CO hwmr, ,tads'.,: o llR ., /IC nww reach 0 500 PPM .MAX) PPM I rw ...hmf+I a1Vr tin ,aparaY• pump any pow", yellClxfn 111.41.1,11, in IM BMcfrgn. nbt or yx1 c4wk!IWI .wlgrllah! N110, M{IbLap, And ,n. s,jn + , 4) 11 sYn14s +.Nnpl,ny ho•.e With s1.Nn4h+ Ww, curvP.l loapgre pick-up prplx• sFale P.0buuehaullona a",e usM to a+pa^a me ana1Ylbr. CApandoY I"'oOgh Ine use of +yP..... Pr ... ..N. t, Cmda,Y Iny9e, rlPll„mu tit .Iru.. Or 2c,cle on", "to, 1w, to, , Onfrolh use of digital display lot On"', CYbnear .fUC1O, puslWudon :. allCw .,.d.naua• or any crimpmab(n Or g,nhon V•tlCn n'G he gsplaY'ed.-.h11e0 0. ♦,on.ned Also used to Perform. Cy, uder I~, cheONng It separate push0ut10n ~% the % n••:hsecon] h,e,1 Wat illse CNI dnPwY Spe" Tom 0910tlat controls the Operal.pn of spK,al analyzer c+paoadres such A No Stan AnentalOr Testing .NsInbuto, Pick Up Cal i r.hny Flecl,N.c lgmhoh Control Una T • Oyer A. ul ACCessoq inputs 40404 Future Scope — consolo Nu ml,aled Pa Ckage 40410 Future Scope hanging less marrow 4-dCaage M•99a Fulu•c Scope — console with Infrared Pa,.kege 40400 Future Scope - hanging with Infrared Package e2-M9C Optional Infrared Package to Future Scopes BEARJEO-ii.k.,wite#AIpro'.'.�1 FA,r..a Ra. NI S.V" BEAR -r. Computerized Gas Analysis System Designed for today•s computerized vehicle control systems. compulerued operation. mcludrng Uw Prompted Operation • Aulonmm l •'Itn.d,un "'Ile all ham • •,unWr Aav Pan Up•labun • Sangd.• System 1,11, Cl k • Reanuuts If Hl l.0 • Autreu.lb. PI I 1 .d, ul.tlurns • C,umyuler Menuuy Hallrry IiarA Ilp .eel RPM • I i apanun.lble Pasts Fad CO HC 1 unns • nmrt Warm Up IimP Fast Response Catalog No 8118 Weal'+erly No 908 Ready For Future Needs e Uplional Pnnfer e Upliunal Co: and Ol Analysis Sn events for performance and old speulwaUons. _�_l BEAR rit511YYtSIS SYSTEM HE LIMIT = 171 fic = 0 e Ar55 a CO LIMIT = 5.01' CO = .ee it Pw6 III op'l /'.111.[ i�aiuiM.Sts THANK Yl I Typical Analysis Pnnt-out The Computerized Gas Analyua $ll yslem Head Is an WiOptlnn s ,suable on all BEAR Future lcOptss J BEAR HE: Minimum Pefformance Specificafionl Accuracy. Uperaung lemperalures HC 0 400 Pprnh 12 ppmh 2 I. 135 FI to 43, 0 to f 1 4(0-I00o ppmh 110 ppmh Dow"" fUmway: IUIIO:I01 ppmh IA ppmh 4'," nunnnnm nun r rinq••nvrul l l l U .^ 013' Response Time 21 S'e IY.• 14 "Y'unds lu 9S M full scale S IV. 7°. Drift: :y'x o1 full scale BEAR Model 42-M Compulenled Gas Analysis System IIsaO B•d Speclfwa',ons. BEAR Model 42 090 Rswer Re"or".em • • '•. r •• . Inlr.ned Heed 0lmaseises 1 n, Its', 1 Mxlly a Ion, lsnini f, l rlwplal Jryrl.rr• fser Weyer ,dales b: O 201U ppinl' n•s. doh:xr : ppmh l U 0 irl`.. nwaulxO 111 RPM, lull 7Ns1 . �.b,M u(M•lalnr lnrnµder• .uYomalu /••ru .Nut span "•µMale pw,µ, .tint lrosn•. �wdrlxr.. I.WIAI th.e u•.bn Lun rwW .Ib.' w...rx1.Oy IM h. x,xaNl IV— ....... ... W.- r1.✓tit n. six, IIM nhirn loud•. aulmu,N.. •... ...+ .xn el.•.Im .d.,dan.,lmn u... exal'. r'.14 nl.dxw� uy Iu�M. Llus . d .Ibbl.,hi xi �Lr. .n.d r•qul,rlor Mr lx ON' ln., with .Lm�s-.. Neaealabtdy. wtlhrr. 2. of lull Scale iverm-Up Time: I mmuh,r. 21 c 170 FI Ranges HC 0-20OLI ppmh resolution t ppmh CO O.or. reanluf,nn nl°- RPM 3W 1000 Resolution I RPM 011b": 42-M IOWA - Rugyed mil wound slarld win 2 lodbnq callers. slolage %helves hghled need sign Wm. tachumete, pmce designed to KCepl Omer ,u a?.(M m /2 ON CO HC ane'YANS Pines,, ft gwmraf t: I Is Volts hu 1.,,'es peeenslene. 127.nr l ill 1.64 cm l2B' 1 I , 57 m 121', I No wayM. _9 s91W IDS I '.Is.. arrlw nurneer 42 092 to order al 090 ' heel ..It, a: (NI stand OW mw C. N15t AUSIIN $INEt NORTH EAST SLAINE AN ww w,'+h exhq,5t yv5 Retq,15 {urBIIELc'I.`' 5,11 'Forl Q9,700. ICS5 ,000• Pr-ce vF Scope 700 IO/Zy/gi aavlyze✓ ENGINE ANALYSIS 0 Ni4666R fMuar f ryNl.n Ala4bsn SwIl" h*`"m-.~% onay...+• •.I utl.gn.l..• nuq,r a.1 .Ir.vl rnruu {•'dq'n rM. Thr MT11114i,44 .M4Mh • Ilx m F \xnP ua' .h.'l1Yl.r.yw IIM. 1'• •ha i.�MW .NM r .•.NLInI Ar. V.Ah• 1.•.1 MNI nnbVh 4• `. Ln.I aY.M Till, w, N*1 6-•:M.1 Sr4,•K rwlrr, .nl .d A:w rm• Ilx rn•hl IM4. r, hw n.•arh all xd•, w M. N. h•„ durn...tF b.n :m•1 h...6, &ArMNF I. N..h.bl\ 14..14•. All. P•4.n4rd M,.xrw• Ihr Kd.. -,Ixn• ruin rxl h•i.Y. MPNrrY YAN"4 -' N w all ► if w,an- r• L•.n ..Iw..IM I� 4. +uw ul .pahla ...rkman+h9. YMI All llu•w• Im.. r•.h.,m.vN. Mr wnNrrf\ nK.9ulxn.l IANI.4 thnl Ir.dnrw 4 larlw•..h.Jl rL. nhrl .b.vavr ..mq..n.x.d awl M.. 6w4w Araurr. 1.W ..,I.•n Iw... A. wd.M\ Tlw• ••m+d.• 1, pI.4wYn1 In .. KKYnI ,.M 1 h.:ml I.J.LM• all m.lrllw•nl• M•nlh ,.ml •..•ur.•II -Ir LYFn• M146669 COMPONENTS . MT498 11.Ln n• .•. trn4 "' . MT4ln 4HINI 'I:I * N4W,t .AN479 .KNA449A OPTIONAI VINTI fOVf H Mli Ir IN 0., 1Rf1IAIne Anal7xs SpMP.TM•�mx lr�r, -.. Ih,� I r, Irh I... tY. M. m •rx. 'd•.rh `.r 111 Ilu mmarm.y Irnx ,•u7 4nbY ..... rul .........I. arr Ih,•rl, .... nLIgN nnPm. In r rLlMa allh :r t"' nM. rn•L4 n.x \n2 Bbr n, Ln•,.r ..nlr1•am.m n• nnxpn .rP:•Inhu, arol q.ahq ndl m„�I Ihr �h.JlrnKr ••1 F.la\, mulrrn uuu, :•nd I.nn•.r rvr. , MT46658 COMPONENTS . M7665 nqnr . r .6rvL-r ,hor nrn• I .p.rM4a \ab qvw, IK•' . MT47Q h,,I d \••h fib", slrlrr'INKr 'l2h n ., ....-r 19ny blanhw CA9P"Y • KNJ6l1!' I n'pnxn.l R,dll ahr V a.l.•r . KR4691 . ..L r t"" .nb r . KRA444A %,, M.•1.•r M,.Innw Tl.n OPTIONAL WM COYEB M I C I `• I nitl ♦IInK'n l ` •'.0 rh•,u n a, Mn N• q...Ir•I�•r+Fd. .I ua.I nNF Ynd Ir.x Ylw.rY•ar _�., u...' n... n9rr•.uF1,4.0 Lu\ Y^.Im1\ 2 347 MT1552 AVR TESTER I..L. en.l w n •uupur n n r.uxl Ihr' MTISS2 OR Teeler hJ. ulr 1..Irm. 9'hrl ... 4d A. ... ... an (nnn I.. rI1JY IN.v \are-,. nn.l.l.'n'. II4N f..«non.. 'w A•-. I Ihr..' yrun.lrl lon, Ien..no•"11.. I•., WON" Lal1. I.r.. .Ln In Al. nv.-L, .r. Jnd Ihrll ml.n..l .......I., A." pnn N4.1 I'h- rn.lnm. +n.u.1.l ud1 Mr 15S2 In( ludr. NR4R7 Roll Stand r 4 TESTS PERFORMf D By MTIS52 AVR TESTER r l ••Ir m. 14 nd..0 . UJ...r•' I4 .•ulul..r . 1..1i no I.•I .oW 6.1 ., ...d ..41.Ld Nnh I lu• Ir.l.r'. r.rhl.nr -1 q.pl.' .uhr,dur.. yn.d« 1.4 .u..al. 11..Inr. IN ..ulnn 'I'In' -uh al« -I .I rlrnnln .d 1te /iTISS2 pr. a..�bm m r.rv' d .u+ 1.al:nn� •« rn....d A 7So AMP Currelu Ranel u...l n, vu.l In•hI uu,L 'r drm. } Auto#eblrn Load CW"K11N... yr.b.l. l...a.1 hum .Lnn ILJl . m 1. -ill lowl .wv nh nl Nl pn.4nr..1 . n. II. u. «I ..1 o 1.01 pdr f Slttw 01elar7 SwIch ]mganw. rvnnlul In4.. unr..a It, I..na • LEO OODUP Wm• asl .v.l h. r.wl..a.n.nl.n. h.n lnr I. pn�.--�.1 n'.n h:n•..r w.TL CIrnR1 Preto Jile. .•LMN .N. I' lu Ir.11«4 •I 11..1. N II In411 .N I lh. llll' ..Irn «I r:111Nr rJ144 «1 R 1"AIMScomeal IaJ ...'.1 'It 41nu.1.•nl.. R IYrFR Edruded Lead Leads I.... r..n11. 1...M.' h« «•., f L.W Celdeel l ftow LlAhte. JIIII«NJIn JIII Nrnal eh.'n I . 1 ..1. •1 au.1 4 h. n WO I.... 1—..ny4n a N. 15 I -' +...n.l' .I......... u..a 1....1......rA.A .N «n.IN JhN NhIM 134 !rad xln-. vm! c:n:mvr. rdlni•. �d rnde. Ingwmry mlrrb•r.•n.r I I., ur.I n m.4m ... 1 .m it,. dwell KR407 IM Sim" lo. n' anh11 r.4. d In(51 lu Ihr r.I. '1'1.rr'. IN.n- tr.l. runphd Nnh « .Iun.L Ihrry L.Id hI4.Aue Iln...I- I y.n rr .m 1.mr N.n to NIY.'..I r.V I. IIr..III. WJ1552 SPECIFICATIONS Amn., ter o to r 7 w) ACIC in 1 emp increments Voltmeter J to + 199 VDC jr. 1 Volt Increments ONeral: DperatmK Rands 6 0 to 10 VX Car bon PlR Lad 500 arlps lmanmum) Inpu: Imp!dancr 10 htcy(orms Carbon Plle Tlme Indlcata IS ae(nnd5 Meter Lead LenRMs Lad 6 current Probe 7 E aternAl Vets o MT 1552 Dlmen\Ians I I wide. R'ee deep -Ind R hlen r 4•r nleh m(:udlnR stand and c,Wer%) ROLL STAND KRA7 RON Stand h..'-I- I .- .o .lu•',r,l Iun ..1 II- M TI, il Ihl. I.l..Luxl nr... 4h • ..1 u41u4 n.Johl, m.l. i. " I.'1 Iw .n . a..l I . a -1.1 II IY41Mrr'. J I+a I.MII I. a1 I.n d.all I..n l ANN I..a .I.n.n•. V. ` hIl'h 1 y �CC'l3i Nl!no 'f is Vlo-tit-Admioi .trntor .rod VitV council FRuh: Ikin•ctor of I'uItIi-M-.rks/r'•mnunity Dvvelnpweny,C„� DATE: u.•I-.iw.r 30, 148S ,/��//���� SOBJECT: FIRK INSPEI-TION AND NUUSINC INSPECTION PRIX;RAMS Attached please find two aemos frown the public Works Foreman/ euildinq Inspector. Th.. first memo is re.lardinq the proposed annual fire inspection program. The second memo is regarding the proposed housing inspections for multiple dwelling rental prop- erty (otherwise know a, apartment. inspections). 1. FIRE INSPECTION PROGRAM The buildings that fire inspections should be conducted on can be classified into S grnupst 1. Rare and Liquor Establishments. There will be two inspec- tions per year and the inspections will be completed in the first week of ,tune an,I the third week of November. ' 2. Public Buildinee (except Cit Hall) School and Edge C'timnunit�CFnter. There wtl be two inspect tons per y for this group and they will he completed in the first week of February and the first week of September. 3,Commercial end Industrial uses. Inspections for this group wtll occur ooce per year and they will be completed daring the second week of March. 4. Churches and City Nall. The fire inspections wi'l be inn conducted once per year and they will be cemplete.i dut the third week o► February. 5. Multiple Dwelling Rental Proeerty. Fire inspections will occur once per year and flu, tiro inspection will be completed at tho same time as the housing inspections. The fire inspucti;ri prn}ram for duplexes and fourplexes will not include an inspection of the boiler room and mechanical room The fire inspection of apartment build- ings will include inspection of the boiler room and the mechanical rtmia. For apartlxcnt buildings, we are propos- inq to inspect 2S percent nt the apartments in each huilding. Staff has disCURRed the fire inspection pr.Niram with Fire Chief ra(lorntrom. We will Ite sondinq a copy of this report to him for his review. rletA-A,Imlui•:Ir.tten' and city Countll t�l P,up� 'Iw,. �,1 7Ytrre• urtolw•r 31, 19115 11. 11011SINC INSPKt'Tloh PIBxIRAM 11%. City of MINIMis Vie -w's IisI sit apartment complexes/ bui letings d.lted n,•hdw•/, 14R5, it attachn,l for your puru- sal. huu•.inel insiw•tl l.,u pt,wlt.an pt,gn r:,••: 1., inspect the duplexes dnd Inurplexo:: on Ili Ilvi(!w Road and Quincy Streel during the first week. Over the next 10 weeks the remaining duplexes and fourplcxes are proposed to be Inripe-elyd .utd 24 im-t.•e-ul. nl Ihv apallm,•nls in oath dpartm-nt. huildinel are I)rolwrsvd to tx• insiw-cted. The hand-written number nn the far I,•tt side of the list of apartment re mlpltxen/buildinel•: inditat.•r; which week the apartments are proposed to Ix+ inriw•rted. The- list also indicates the apartment/building dddress, the number of units, the owner and wtd-re applicable the resident manager. Also find attached a one page prniw.sed schedule for housing inspec- tions dated October 31, 198't. City Ctxle chapter 93, "Minimum housing Standards for Dwel- lings And Multiplp IWI lines', states that the enforcing utficvt shall make every -•ftnrt to inspect the premises of all mu!^iple live lliny huildings on an annual basis to ensure cumplianve with thir urlinance (Chapter 93.18). In the past, we have certainly made every effort to conduct these inspections on an annual hrsis. However, due to other prio-itips. In most canes, we don't have the time or %he staff to do all those inspections. Allow Pic to estimate: the amount of time that is necessary to ctxmplete the proposed housing inspections. If I assume that the inspections for duplexes takes 45 minutes per duplex with a 15 minu::e walk or drive inhetveen, and a fourplex inspection takes 1-1/2 hours and, if an apartment inspection takes one-half hour, I can calculate roughly the man hours it takes to inspect these buildings and also estimate the amnunt of secretarial time to type and mail notices and reports. The etetimated time for each week is indicated on t A.. nronnspd schedule for housing inspections. The total number if hours for inarwetionA and typing time Is approxi- mAtoly 36r3 hnurs based on the ahovv assumptions. In other wordr., the work would take- one person approximately 2-1/2 months to ctxaplete. Ohl (•lurk-Admini•clr.ltor .in-1 Pity VounriI Kole 'Mo re .N lllree October 31, 1905 The present staff we have can handle the fire inspection prelelram. Nowevor, 1 would like to try to wwot this schedule for the housing inspection pru.lram and see if we can com- plete it. Some engineerinq projects (i.e„ 1985 M.S.A. Street Projert or N.t.u, trslltenl may take a higher priority 111.111 •qe.o lm.nl In'•Iu•'I L.Ie•.. II Ihe. i. Ih.• r.r.. .In�l .elt.lel- sent in•:pections are doemed to he of a high enough priority, we may want to have: a Public. Works employee do some of the apartment insls•e•tions or bare someone else on a seasonal basis to r..mplef .• 14e inslr•e-1 ACTION RFV(lrSTRD I request your comments and input on these proposed programs. If this meets with your approval, we will proceed. SWT/bac M H11N51,f1I a7NIR11I IUI Iw,"LlfuNS Ul'TlW N tl, 1965 NEIR / 19N5 INN I k IM I NoveeMr 11, 1965 V UIIMf Yf NIS 2na Neek of Ie,v.NkAn I 2 Wrvaehr IN, 1465 Sra W.k ,I .M rvmhrc 1 5 0etela6er 2, 1965 Is? Nflek ul Low: rwr a Ik.roelrr V. IYNS ha WMk of Ilm wetkn 5 (jwaebo, 16, 1965 Sod NMIk of IIn, .r6flr n J..aunrr I•, I'll'- IJ N,w.k ••I Inu„u, 7 Jivary 15, 1965 2na NMk nt January a Janua, Y :1), 148S kJ NMk ul January 9 January 17, 196S /te NMk of January Iu la6ruary It), IYnl hra No" ul lab urmy ------------ S1611u UL 11 1%. lesw ion In IRSNI 2r 11 As, Inspection Ir rM5/ Sr IS 1%0 Inspwcllnn in 'tlSN of IB Nr InSlwr}'rn In 'P55 It SIJNTQ IRL NUW9O INSPI vT ITIM INSPECTION TIME IHOUR SI TYPING TIME' IN(1WS1 INN'11111'• IIk1,141Nf', II•I1, IT __ -- 51, 75 16 -- --- 16 M2 I 6 / --- --- 52 125 16 6 --- --- -I 11S IS 7 --- --- 55 ISI If 1 -- /1 4t 12 r. 25 Stl 6 a 5a 1 -- -- 5Y,25 2• t Neek of /e6ruar7 � -- 1 Netlk nl fNtM4My --- . NMk nt leb aar, --- Nflek of Mar tk I aitTolnS I Nywpll! JI IT,VM'irnnt Iutal Nue6M , f npa, f"It♦ S NIIIIIoY and Iypiny K.t rrflti M9 R-Owt, / XOIIanE In een NDar frNrty 4,1~ k 1 .,r..• sunr In.u.,I 176,75 69 — 57 128 16 6 S2 126 16 6 52 126 16 6 - ------ H 155 17 { 243.75 121 NitMO TO: FROM: DATE: SUBJk.CT. t'LERk-ALMINf:'1'kATOR AND CITY COUNCO, PUBLIC WORKS/COMMUNITY DEVELOPMENT DIRECTOR THATCHF.y/4 T tK•Tttnl!K II, 19R5 HORSE AND RIDER WESTERN WF.AR'S BILL FOR REPAIR OF WATER SERVICE LINE On .January 10, 19115 the C i I y rclw't i red lint -so and Rider's curb stop and box. We did this because water was seeping out from the ground around the curb stub box. we could not determine who was responsible for the leakinq. Upon excavating the hole Staff determined that the leaking was comin.l from the rather mangled joints on both side: of the• curb stop and box. The top of the curb box looked like it had been sheared off. Taking into consideration the above information the only logical cause of leaking joints on either side of the curb stop is that the curb stop joints were damaged at the same time that the curb box was sheared off. City Code, Chapter 70.03 states that maintenance of the curb stop and box shall be that of the applicant, owner, of occupint or other user of the premises and it. shall be the responsibility o[� Warty ro maintain said equipment and pay for the necessary relmir�. Therefore, on May 9, 19K', the City sent. Ilorse and Rider a bill in the amount of $1,590.L7. T�t price is high because there was an extremely high water fabl &aea. The bill is clearly his responsibility to pay. we gave him every opportunity to take a look at t:ie palls that wove removed from the hole. I know he received the bill becaus,• he caliod Councilmember Phyllis Blanchard to discuss this bill and said that he thought h? should only be responsible for half of the bill. I tried to call him several timer after talking to Councilmember Blanchard but he has not returned my phone calls. Finally, 1 called and he answered the phone and we discussed this issua. we talked about this on October 10, 1985 and I said that he was clearly responsible for paying this bill. However, after much discusrion I agreed to have a one day sale on his bill and that if he paid his bill today, he could pay half the bill and 1 would take that as full payment.. He said he would be by in a couple of hours to pay the bill and he never showed up. ag On October 31, the City rer eived a check in the amoun of $795.14 from Ilw ie and Rider with the statement "Paid In Full" on the check. I plan to return the check to Horse and Rider stating that he missed the half price stile by over two weeks and that he should pay the full amount due pet my October 11, 1965 letter (letter attached) o, we will be forced to matt procedures for shutting off his water. I toel w,• should take this position because: CI.1:RK-ADM I N V;Tjo,roP AND CITY CUIINC H, UCTuRER PAGE. TWO • 1. Ill- made no eltotl to pay or negotiate the bill in 'IUWI laith. 2. tie missed the hall price sale. J. if 1 let one business qet away with this other bustnesses will want to yet. away with it also. 4. The- City lavv htm the- rhance to p.ty half price In ovidiny he paid it on that day, which he said he would, and he didn't, therefore, I don't think he should (jet away with payinq half price over two wr•e•k:. I.et et . SWT Attachments: . 10 cif of VoAdQw tlhYi111u��N,, YINN&WIA I.OI NrYI.W.I 111 Yi vNU] V 11 N. wINN NII) q� ly1] Ut•Uther I1, 19d' lEirriviru MAIL Rt.-rURN RE('r. I PT REQUESTED Norse • Rrdrr western wear 7191 County Road H New Hriyht.06, MN 55112 ME: HILL FOR REPAIR OF WATER 9rRVICE LINE. Dear Sir or Madam: On May 9, 1985, 1 sent you a bill in the amount of $1,59u.11 for the repair of your rater service line. I know that you receivoil this letter because you called Councilmeml>,•r Phyllis Blanchard to discuss this bill with her. I strongly recommend that you set up an appointment with me to discuss this hill and arrange payment. If you do not contact me to arrange this meeting within thirty (ID) days0`rveeipt of this letter, the City will be forced to start procedures for shutting off your water. If you have any quest lolls, please feel tree to call M. sincerely, CITY Or MOUNDS VIEW Steven W. Thatcher, P.E. Director Of Public Works/Community Development sWT/bac cc: Mayor and Pity Council Clerk -Administrator Pauley DATE APPROVED: 10/28/85 PROCEEDTNCS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA degular Meetingg October 14, 1985 Mounds View City hall 2401 Hwy. 10, Mounds View, MN 55112 ------------------------------------------------------------------------ The Mounds View City Council was called to order by 1. Call to Order Mayor Linke at 7:15 PM on October 14, 1985. The Pledge of Allegiance was said. 2 Pledge of Allegiance MEMBERS PRESENT: Councilmembers Quick, Blanchard, 3. Roll Call an Mayor Lin e. It was noted that Councilmember Haake was absent, and Councilmember Hankner was expected to arrive shortly. ALSO PRESENT. City Attorney Meyers, Clerk/ A inm�istrator Pauley and Public Works/Community Development Director Thatcher. :Mayor Linke reported tnat the Council had received the report from Northern Sound and requefted that the airport issue be placed on the Oc'_aber 28, 1985 Council agenda, at which tine the Council will set the time and date for an Executive Session to discuss the documentand set their plans. Notion/Second: Quick/Blanchard to a?pro�e the riFe_m ar _ 1985 minutes as presented. 3 ayes 0 nays Mayor Linke closed the regular meeting and opened the public hearing at 7.17 PM. Councilmember Hankner arrived at 7 18 PM. Clerk/Administrator Pauley explained that the 1985 long term financial plan was prepared in accordance with Section 7.05 of the Mounds View City Charter, and he reviewed the purpose of the plan. layor Linke closed the public hearing and reopened the regular meeting at 7:19 PM. 4. Approval of Mirates: September 23, 198 Motion Carried 5. Public Hearing: 1985 Long -Term financial Plan Mounds View City Council October 14, 1985 Regular Meeting Page Two ------------------------------------------------------------------------- Bill Frits, 8072 Long Lake Road, reported to the 6. Residents Council on an article he had read in the Minneapolis Requests an Star and Tribune earlier in the day, regarding Comments fro airport noise and some elected officials thoughts the Floor on it Mr. Frits agreed to provide Mayor Linke with a copy of the article. Clerk/Administrator Pauley requested that an item 7. Approval of be added to the consent agenda, for the finai vav- C,.isent AeendA went of $1,OUu to Northern Sound, as the City has received their final report. Motion/Second: Blanchard/Quick to approve the consent agen a as presented and waive the reading of tha resolutions. 4 ayes 0 n.,,s Motion Carried Motion/Second: Quick/Hankner to have the second 8. 2nd Reading and reading an adoption of Ordinance No. 399, adopting Adoption of the 1985 Long Term Financial Plan, and waive the Ordn. No. 399 reading. Councilmember Quick - aye Councilmember Blanchard - aye Councilmember Hankner - aye Mayor Linke - aye Motion Carried :lotion/Second: Quick/Hankner to remove Ordinance 9a. Remove Ordinance Fo--7T— r-om the table. No. 391 from the 4 ayes 0 nays Table Motion Carried Motion!Seco•id: Blanchard/Quick to den yy the second 90. 2nd Readir� and teas n�doptior. of Ordinance No 391. Adoption of Ordn. No. .191 Councilmenbtr Quick - aye Council,nember Blanchard - aye :ounciLnember Hankner - ay - Mayor Linke - aye Motion Carried Motion/Second. hankner/Blanchard to approve the 10. Approve Hiring r ng o omas Kinney as Police Officer commencing of Police Offi on October 15, 1985 at a starting salary per local union agreement. 4 ayes 0 nays Motion Carty :founds view City Cuuncii October 14, 1985 Regular Meeting Page Three ------------------------------------------------------------------------- Motion/Second: Quick/Hankner to approve the grant 11. Approval of agreement contract with the Metropolitan Council Grant Agreement for a $958 performing arts grant. Contract 4 ayes 0 nays Motion Carried ClerkiAdministrator Pauley read proposed 12. Approval of Resolution No. 1944. Resolution No. 1144 Motion/Second Hankner/Quick to approve Resolution No. 1944, commending Melody Carisun fur service on the Festivities Commission. 4 ayes 0 nays Motion Carried Clerk/Administrator Pauley read proposed Resolution 13. Consideration No. 1941, disapproving an increase in basic cable of Resolution television service rates by Group W Cable of the No. 1941 North Suburbs. :nc. Jerry Skelly, the City's representative to the Cable Commission, reviewed the problems Group W has had in marketing their program. He stated that Mounds View is the only City to vote against the passtive rate review. He also stated this is a nationwide problem, with too much being promised originally. He added he feels the use of access to cable tv will be why Group W survives. He compared the proposed $2 per month increase to the coar of providing entertainment for a family of four, and asked the Council to dpp_ove the rate increase. Councilmember Hankner reported the Ccuncil has a meetin scheduled with Group W for 5 PM on October 21, to tour their facility and see first- hand wha; their operatiun is, and she added the Councilhed just rrceived a packet of information from Group W, which trey have not had an opportunity to review. Moti�on/Secoad: Hankner/Quick to table action to a Tct�r 28, 1985 City Council meeting. 4 ayes 0 nays Motion Carried Mr. Frits stated the people itau ..e to :..c acctire expecting this issue to be discussed and resolved, and not to be tabled. Councilmember Hankner replied the Council should be given the opportunity to visit the facility and review the information they have just been given. Mounds view City Council Ocluber 14, 1985 Regular Meeting Page Pour ------------------------------------------------------------------------- Duanc McCarty pointed out the Charter allows for regulation of franchises, and the Council may want to reconsider this Attorney Meyers explained this was a non-exclusive franchise and that another cable firm could come in. He added the City's Charter does not allow for passive rate increases and that a public hearing would have to be held. Bootsie Anderson, Cable Tv Administrator, located at the Falcon Heignts City Mail, statea that cne rum has stated that cable television should not be regulated as a public utility. She added that cable tv is a business, and she does not feel City Councils should have as much control as they do over it. She stated she would provide copies of some recent legal decisions to Attorney Meyers. Director Thatcher reviewed Staff's report on the question of access to the Knollwood Drive extension recommending against allowing a building permit for a home at 8100 Croveland Road. Motion/Second: Linke/Blanchard to approve Resolution o. , regarding the Knollwood Drive extension, and waive the reading. 3 ayes 1 nay Councilmember Hankner voted against the motion. Rod Kirtz, 280e Ardan Avenue, stated he would prefer having the Council wait until all members were present before taking any action on the request. he also poin-ed out two fairly new roads in the City, Pleasant View and :he road by the Tom Thumb store, which are both long cul-de-sacs. He stated he did not feel all available accesses were taken into consideration. Ken Sjodin, 2841 3ronson Drive, asked for a clarifi- cation of the suSges_cd accesses. Director Thatcher review the two suggestions. Director Thatcher had no report. I 14. Consideration of Resolution No. 1943 Motion Carried 15. Report of Public Works/ community Dvlpt. Director 4 Mounds View City Council October 14, 1985 Rtgular Meeting Page Fivc ----------------------------------------------------- ----------------- eos`�' Attorney Meyers reported it is necessary for the 16. Report of City to enter into a supplemental agreement with Attorney Christopher Companies, which provides additional security on his apartment development for the areas of water proofing, insulation and decks and porches. He reported there has been considerable discussion between Staff and the developer, and the additional posting of $60,000 in security is considered sufficient. He reported he has reviewed the bond and It is in order and proper. Motion/Second: Hankner/Quick to authorize the ayo�r an3Z`erk/Administretor to enter into a supplemental agreement with Christopher Companies. 4 ayes 0 nays Motion Carried Attorney Meyers reported he had argued the Eighway 10 radiator case before the Court last Monday, and it will be up to 90 days before the decision comes down. Councilmember Quick had no report. 17. Reports of Councilmembers Councilmember Blanchard reported she had attended the Fire Relief Association meeting last week. and they will be doing. the ,rt,,arial study that lids `uccu requester by the three cities. Councilmember Hankner had no report. Mayor Linke reported he and Clerk/Administrator Pauley had attended the Ramsey County Public Works meeting .egarding the Red Oak Drive turn -back, and -t vas voted on to turn it back to the City with 43,000 of the $3,900 in funding recommended. Mayor Linke stated they hope that when i.t reaches Nie full commitcee, that they will approve the full $3.900 needed for repairs. Mayor I.inke reported ha has talked to the Mounds View Lions Club regarding the Festivities Commission, and will be talking to the Jnyreee sle^. Motion Second: Hankner/Quick to approve the appo ntment of Don Hodges and Jerry Blanchard to the Festivities Commission. 4 ayes 0 nays Motion Carried Mounds View City Council October 14, 1985 Regu:ar Meeting Page Six ------------------------------------------------------------------------- Clerk/Administrator Pauley repotted the Ramsey County 18. Report of I* League of Local Governmento will be meeting at Clerk/Admi City Hall on October 16 at 7:30 PM. He _lso reported strator that the Regional Transit Board w:ll be meeting at the Maplewood City Hall at 7:30 on the same evening and asked if someone would be able to attend from the Council. Councilmembers Quick and Hankner stated they would try to arrange for one of them to attend the meeting. Clerk!Administrator Paulev reoorted he will he on vacation for the last two weeks of October. Motion/Second: Hankner/Quick to adjourn the meeting 19. Adjournment at 8:15 FH. 4 ayes 0 nays Motion Carried Respectfully'submitted, f--k Don d F. Pauley Clerk/Administrator . 10