Laserfiche WebLink
RATWIK, ROSZAK & MALONEY, P.A. <br />Attomeys at Law <br />Paul C. Ratwik <br />John M. Roszak <br />Patricia A. Maloney* <br />Terrence J. Foy* <br />Stephen G. Andersen** <br />Scott T. Anderson <br />Kevin J. Rupp <br />Jay T. Squires* j� <br />Ann R. Goering <br />Nancy E. Blumstein* <br />Joseph J. Langel <br />Michael J. Waldspurger* <br />Margaret A. Skelton <br />Amy E. Mace <br />Isaac Kaufinan <br />Mr. Neal Beets <br />City Manager <br />City of Roseville <br />2660 Civic Center Drive <br />Roseville, MN 55113-1899 <br />300 U.S. Trust Building <br />730 Second Avenue South <br />Minneapolis, Minnesota 55402 <br />(612)339-0060 <br />Fax (612) 339-0038 <br />www.ratwiklaw.com <br />October 14, 2004 <br />RE: Sewe� Maintenance O�dinance <br />Our File No. 4002(1)-4139 <br />Dear Mr. Beets: <br />Eric J. Quiring <br />Stacey L. Wilson <br />Eric L. Hedtke <br />Kimberley K. Sobieck <br />Sonya J. Guggemos <br />Jennifer L. Wolf <br />Dawit Haile <br />" Also admitted 'm Wisconsin <br />** Civil Trial Specialist <br />Certified by the Minnesota <br />State Bar Association <br />� Reai Property Law Specialist <br />Certified by the Minnesota <br />State Bar Association <br />This letter regards the retroactive effect of amending the City's sewer maintenance <br />ordinance. <br />Our opinion is based upon our understanding that the City was contacted by a property <br />owner that had suffered a sewer back-up because of a blockage that occurred at the point where <br />the service line connected to the City's mainline. Under current City Code, the property owner <br />is responsible for maintenance of that portion of the sewer line. There has been interest <br />expressed among the Council to amend the City's ordinance so that the City would be <br />responsible for such blockages and to make such an amendment retroactive to include the date <br />this property owner suffered the sewer back-up. In effect, this would shift liability for the <br />property owner's loses to the City. <br />As is explained below, it is our opinion that under these circumstances, the City cannot <br />amend the ordinance retroactive to an extent that would include this sewer back-up. <br />The general rule is that the motives of a city council in enacting an ordinance of a <br />strictly legislative nature cannot be delved into except as the motives may be disclosed on the <br />