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5.12. SR 01-23-1995 rei ~\) ( )j ~Iil ITEM 5.12. MEMORANDUM TO: Mayor & City Council FROM: Pat Klaers, City AdministratoWd-- DATE: January 23,1995 SUBJECT: Water Utility Connection Ordinance The City Council reviewed the proposed water connection ordinance at its December 19, 1994, meeting. During the review of this ordinance the Council requested additional Utilities Commission input regarding requiring hook-ups of various existing buildings and properties. At the January Utilities Commission meeting, a motion was approved which stated the Commission's desire to exempt all properties that have utilities currently available from the two year required hook-up condition. Essentially, the two year requirement to hook-up to the water system would then apply to all future improvement projects and to improvement projects that have already taken place, but which have not been assessed out (i.e., Fresno Street and Orono Road). e Version one of the attached material from the City Attorney accomplishes what was recommended by the Utilities Commission. However, version two of the attached material attempts to accurately discuss all existing situations so that there will not be any misinterpretations of what the City is requiring. Version two is a more comprehensive ordinance that should eliminate any questions in the future regarding who must hook-up to the water system within two years and who does not need to hook-up to the water system. Recommendation It is recommended that the City Council approve version two of the proposed City ordinance that requires water connection to the water utility. An alternative would be to approve version one and just use version two as a reference to answer questions about specific lots or buildings. s/council:utilconn e 13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425 e e e ELK RIVER MUNICIPAL UTILITIES 322 King A venue Elk River: Minnesota '55330 Phone (612)441-2020 ' UTILITIES COMMISSION MINUTES January 10, 1995 3:00 P.M. Present Were: George Zabee James Tralle vice Chairman Trustee Others Present: Bill Birrenkott Pat Klaers Terry Maurer Bob McCartney Glenn Sundeen John Bogart General Manager City'A~nistrator City Engineer Water Superintendent Line Superintendent Windsor Development 1) The meeting was called to order at 3: 00 P.M. by Vice Chairman Zabee. 2) Motion by Mr. Tralle, seconded by Mr. Zabee to approve the agenda as amended. The Motion carried. 3) Motion by Mr. Tralle, seconded by Mr. Zabee to approve the minutes of the previous meeting as distributed. The motion Oarried. 4 )~ ~ ~"otio" by }Ir. Tralle, seconded by Mr. Z abee to ask the City ouncil to draft the ordinance requiring water connection within two years of when this service is made available to them to include only those affected from this day forward. The Motion carried. 5) The Line Superintendent reviewed the status of construction ,projects and other ,operating conditions. 6) The General Manager reported that we had a computer malfunction and have been unable to prepare financial statements for the last two months. He expected the problem to be fixed very soon. 7) Motion by Mr. Tralle, seconded by Mr. Zabee, to approve the check register. e e e JAN 2 3 1995 MEMORANDUM LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Attorneys at Law 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Telephone: (612) 835-3800 FAX: (612) 896-3333 TO: Pat K1aers, City Administrator Bill Birrenkott, Superintendent, Elk River Municipal Utilities FROM: DATE: RE: Peter Beck January 19, 1995 Water Connection Ordinance Enclosed are two alternative versions of the water connection ordinance. The first version looks similar to what you have seen in the past, but has been revised to grandfather in all projects which have utilities available but which have not been assessed for water. As I understand it, this was the Utility Commission's direction at its January meeting. As I sat down to revise this ordinance it occurred to me it might be better if we very specifically spelled out exactly what buildings and properties are subject to what rules. The second alternative ordinance enclosed is an attempt to be more specific so that the owner of any specific property can understand what rules apply to him by finding his situation in the subparts to Section 1304.00. These subparts cover the following situations: (1) This section requires that all buildings currently connected to water remain connected. (2) This section requires that all buildings constructed in the future on property that water is available to connect immediately. For instance, homes built in the future on currently vacant lots in Westwood would be required to connect immediately because water is available to all lots in Westwood. (3) This paragraph applies to buildings constructed in the future when water becomes available after occupancy of the building. This section requires that single family homes and duplexes be connected within two years from the date water becomes available or two years from the date the property is assessed for water, whichever is later. This leaves the Council the option of exempting e e e an area from having to connect by not assessing the area for water. For instance, homes built in Sandpiper before water is available would not be required to connect when water does become available unless the City Council assessed for water. (4 ) This section applies to buildings existing on the date of adoption of the ordinance, when water becomes available in the future. Same rules as in paragraph (3) above apply. (5 ) This section applies to buildings existing on the date of adoption of the ordinance to which water is currently available but which have not been assessed for water. This section provides that connection is not required until two years after the property is assessed. This situation applies to many of the homes in the Fresno area and along Orono Road. (6 ) This paragraph applies to existing buildings where water is available and assessments have been made, but which are not connected at the time of adoption of the ordinance. For instance, the Westwood area. This section provides that residential buildings with one or two units which fit into this category will not be required to connect unless the Council determines that it is necessary for them to connect for public health reasons. I realize this alternative ordinance is somewhat complicated. However, the intent is to write into the ordinance the policies which the Council has adopted over the years while also treating all similarly situated properties the same. I think it does achieve this goal, even though it is somewhat complicated. The proposed ordinance also treats single family homes and duplexes differently from multiple family and commercial buildings. This should be brought to the attention of the Council for their decision as to whether these different types of property should be treated differently. Please review both options and give me a call with your thoughts. Enclosure 2. PKB:JOOs VERSION 1 ORDINANCE NO. 95 - CITY OF ELK RIVER e AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ELK RIVER TO REQUIRE CONNECTION TO THE CITY WATER UTILITY WHEN AVAILABLE, AND TO REQUIRE PAYMENT OF DULY ADOPTED FEES AND CHARGES FOR CONNECTION TO AND USE OF THE CITY WATER UTILITY The City Council of the City of Elk River does hereby ordain as follows: Section 1. That the Code of Ordinances of the City of Elk River is amended to add new Section 1304, entitled "Connection to Water Utility," as follows: 1304.00 - Connection to Water Utility: Fees and Charges. 1304.00 - Connection to Water Utility Required. e The owner of any existing building located on property to which water utility service is or becomes available shall be required to connect the building to the water utility at the owner's expense within two (2) years from the date: (1) water utility service becomes available to the property; or (2) the property is assessed for water utility improvements, whichever is later. All future buildings constructed on property to which water utility service is or becomes available shall be required to immediately connect to the water utility. If connections to the water utility are not being made pursuant to this paragraph, the City shall serve written notice on the affected property owner stating that if connection is not made within ninety (90) days after the date of said notice, the connection will be made by the City at the expense of the owner and that if unpaid, the charge for such work will be made a special assessment against the property concerned. Such assessment, including interest at the legal rate for local improvements, shall be certified to the County Auditor and collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City under this paragraph shall be in addition to other remedial or enforcement rights provided by the City Code of Ordinances or other applicable law. 1304.02 - Fees and Charges. There is established in the City of Elk River Water Availability Charges, Water Connection Charges and water utility user charges and rates. Water Availability Charges are due and payable at the time property served by the Water Utility is final platted into buildable lots. Water Connection Charges are due and payable at the time of connection of a e e e e building to the Water Utility, or at the time connection is required to be made to the Water Utility pursuant to Section 1304.00. User charges and rates are due and payable in such amounts and at such times as required by Elk River Municipal Utilities. Each charge and/or rate shall be in the amount established by duly adopted resolution of the Elk River City Councilor Elk River Municipal Utilities. 1304.03 - Payment of Fees and Charges. All properties connected to the City water utility shall abide by the rules and regulations of the Elk River Municipal Utilities, and shall pay all applicable Water Availability Charges, Water Connection Charges, User Charges and rates established by the City Council and/or Elk River Municipal Utilities. Properties which are required to connect to the Water Utility pursuant to Section 1304.00, but have not connected within two (2) years of availability of water service as required by Section 1304.00, shall be charged the applicable Water Availability Charge, Water Connection Charge and a monthly user charge in an amount established by Elk River Municipal Utilities. Section 2. This ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted by the City Council of the City of Elk River, this ____ day of , 1995. Henry A. Duitsman, Mayor Attest: Sandra Thackeray, City Clerk 2 . PKB:JL6s1 e e e VERSION 2 ORDINANCE NO. 95 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ELK RIVER TO REQUIRE CONNECTION TO THE CITY WATER UTILITY WHEN AVAILABLE, AND TO REQUIRE PAYMENT OF DULY ADOPTED FEES AND CHARGES FOR CONNECTION TO AND USE OF THE CITY WATER UTILITY The City Council of the City of Elk River does hereby ordain as follows: Section 1. That the Code of Ordinances of the City of Elk River is amended to add new Section 1304, entitled "Connection to Water Utility," as follows: 1304.00 - Connection to Water Utility; Fees and Charges. 1304.00 - Connection to Water Utility Required. The following buildings shall be required to be connected to the City water utility: (1) All buildings connected to the water utility on the date of adoption of this ordinance shall remain connected to the water utility for so long as the building is occupied or used for any purpose. (2) All buildings constructed in the future on property to which water utility service is available at the time a Certificate of Occupancy is issued for the building shall be required to connect to the water utility prior to occupancy. (3) All buildings constructed in the future on property to which water utility service becomes available following legal occupancy of the building shall be required to connect to the water utility as follows: (a) All residential buildings with one or two residential units shall be required to connect to the water utility within two (2) years from the date water utility service becomes available to the property or the date the property is assessed for water utility improvements, whichever is later. (b) All other buildings shall be required to connect to the water utility within ninety (90) days from the date water utility service becomes available to the property. e (4) All buildings existing on the date of adoption of this ordinance on property to which water utility service becomes available in the future shall be required to be connected to the water utility as follows: (a) All residential buildings with one or two residential units shall be required to connect to the water utility within two (2) years from the date water utility service becomes available to the property or the date the property is assessed for water utility improvements, whichever is later. (b) All other buildings shall be required to connect to the water utility within ninety (90) days from the date water utility service becomes available to the property. (5) All buildings existing on the date of adoption of this ordinance on property to which water utility service is available but which has not been assessed for water utility improvements shall be required to connect to the water utility as follows: e (a) All residential buildings with one or two residential units shall be required to connect to the water utility within two (2) years from the date water utility service becomes available to the property or the property is assessed for water utility improvements, whichever is later. (b) All other buildings shall be required to connect to the water utility within ninety (90) days from the date water utility service becomes available to the property. (6) All buildings existing on the date of adoption of this ordinance on property to which water utility service is available and which has been assessed for water utility improvements, but which are not connected to the water utility, shall be required to connect to the water utility as follows: (a) All residential buildings with one or two residential units shall not be required to connect to the water utility unless and until the City Council determines on a case by case basis that connection to the water utility is necessary to protect the public health, safety and welfare or to otherwise comply with applicable law; e (b) All .other buildings shall be required to connect to the City water utility within two years of the date of adoption of this ordinance. 2. 1304.02 - Owner or City to make Required Connection. e The owner of any building required by Section 1304.00 to be connected to the City water utility shall cause said building to be connected to the water utility at the owner's expense as required. If connections to the water utility are not being made pursuant to this paragraph, the City shall serve written notice on the affected property owner stating that if connection is not made within ninety (90) days after the date of said notice, the connection will be made by the City at the expense of the owner and that if unpaid, the charge for such work will be made a special assessment against the property concerned. Such assessment, including interest at the legal rate for local improvements, shall be certified to the County Auditor and collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City under this paragraph shall be in addition to other remedial or enforcement rights provided by the City Code of Ordinances or other applicable law. 1304.04 - Fees and Charges. e There is established in the City of Elk River Water Availability Charges, Water Connection Charges and water utility user charges and rates. Water Availability Charges are due and payable at the time property served by the Water Utility is final platted into buildable lots. Water Connection Charges are due and payable at the time of connection of a building to the Water Utility, or at the time connection is required to be made to the Water Utility pursuant to Section 1304.00. User charges and rates are due and payable in such amounts and at such times as required by Elk River Municipal Utilities. Each charge and/or rate shall be in the amount established by duly adopted resolution of the Elk River City Councilor Elk River Municipal Utilities. 1304.06 - Payment of Fees and Charges. All properties connected to the City water utility shall abide by the rules and regulations of the Elk River Municipal Utilities, and shall pay all applicable Water Availability Charges, Water Connection Charges, User Charges and rates established by the City Council and/or Elk River Municipal Utilities. Properties which are required to connect to the Water Utility pursuant to Section 1304.00, but have not connected within two (2) years of availability of water service as required by Section 1304.00, shall be charged the applicable Water Availability Charge, Water Connection Charge and a monthly user charge in an amount established by Elk River Municipal Utilities. e 3. e e e Section 2. This ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted by the City Council of the City of Elk River, this ____ day of , 1995. Attest: Sandra Thackeray, City Clerk PKB:JN9s2 Henry A. Duitsman, Mayor 4.