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Home My WebLink About2005-06 Amendig Sections 450 and 850 ORDINANCE NO. 2005-6 AN ORDINANCE AMENDING SECTION 450 AND 850 OF THE CODE OF ORDINANCES REGARDING INDIVIDUALS WATER CONNECTIONS IN THE DOUBLE UNIT DWELLING DISTRICT (R-2) AND THE PLANNED RESIDENSE DISTRICT (PRD) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Subsection 445.05 of Section 445 of the Edina City Code is hereby amended to read as follows: "445.05 Waiver. Notwithstanding anything herein to the contrary, any connection requirement may be waived by the Building Official upon request of the owner of the property for which the waiver is requested and upon a finding being made by the Building Official that the sewer and water connections are in compliance with building code requirements, and that the waiver will not be substantially detrimental to the public welfare or to other lands or improvements in the neighborhood of the property. If the waiver is from the requirements of Subsection 445.01, such waiver shall be granted upon the condition that the owner of such property or properties shall comply with Section 710 of this Code. If the waiver is from the requirements of Subsection 445.02, such waiver shall be granted upon the further condition that the owner or owners of the property or properties shall execute and deliver to the City a recordable agreement, in form and substance acceptable to the Manager, providing: A. That the City shall not be liable to any owners or occupiers of the property or properties for any damage or injury to persons or property resulting from a lack of the required separate and independent connections; B. That all owners of the property or properties served by less than the required separate and independent connections shall share equally in any costs incurred as a result of not having the required separate and independent connections and shall pay equally all sewer and water charges made for services to such property or properties; C. That the City may determine the charges for water and sewer usage by allocating consumption equally among all properties using the common connection and totaling the separate charges based upon such allocation; D. That the City may discontinue water and sewer services to such property or properties pursuant to Section 1100 of this Code even though such discontinuance will affect property in addition to that of the persons causing the delinquency; and E. That, if the property or properties are thereafter platted or subdivided or submitted to the Minnesota Uniform Condominium Act, to permit the sale of individual townhouses or individual lots or individual dwelling units, the City may require that, in connection with such platting or subdivision or submittal, each such individual townhouse, lot or dwelling unit shall have sewage disposal lines and water lines connected directly and separately from all other townhouses or lots to the sanitary sewer mains and water mains serving such townhouse, lot or dwelling unit." Section 2. Subsection 850.12, Subd. 5, paragraph B shall be amended to read as follows: "t. Sewer and Water Connections. Each dwelling unit must be separately and independently connected to public sanitary sewer and water mains or shall have been granted a waiver thereof in accordance with Section 445 of this Code." Section 3. Subsection 850.13, Subd 7 paragraph E shall be amended to read as follows: "E. Sewer and Water Connections for Townhouses. Each townhouse shall be separately and independently connected to public sanitary sewer mains and water mains or shall have been granted a waiver thereof in accordance with Section 445 of this Code." Section 4. Effective Date. This ordinance shall be in full force and effect after its adoption and publication according to the law. First Reading: June 21, 2005 Second Reading: Waived Published: June 30, 2005 Attest QJ Debra A. Mangen, ity rk Ja s B. Hovland, Mayor 445 - 2 www.mnSun.com v � newspapers City of Edina ORDINANCE NO.200" AFFIDAVIT OF PUBLICATION moRDINANcE AM[ENDING SECTION 4w AND 650 OF THE CODE OF ORDINANCES STATE OF MINNESOTA) REGARDING INDIVIDUALS WATER CONNECTIONS IN THE DOUBLE UNrr DWELLING DISTRICT(R-2) ss. AND THE PLANNED RESIDENSE DISTRICT(PRD) COUNTY OF HENNEPIN) THE CITY COUNCIL OF TIIE CITY OF EDINA,1111N- NESOTA,ORDAINS: Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi- Section 1.Subsection 445.05 of Section 4451 of the Edina City Code is hereby amended to read as Rsllows: nancial Officer of the newspaper known as Sun-Currentand "445.05 Waiver. Notwithstanding anything herein to the contrary,any connection requirement may be waived In the Buihling Ofl-icial upon request of theowner of the prop- has full knowledge of the facts stated below: erty for which the waiver is requested and upon a finding being made by the Building Official that the sewer and water connections are in compliance with building tale re- (A)The newspaper has complied with all of the requirements constituting qualification as a quirements,and that the waiver will not be Substantially detrimental to the public welfare or to other lands or im- qualified newspaper,as provided by Minn.Stat.§331 A.02,§331 A.07,and other applic- ps•vements in the neighborhood of the.property. If the waiver is from the requirements of Subsection 445.01. such waiver shall be granted upon the condition that the able laws,as amended. owner of such property or properties shall compl, with Section 710 of this Code. If the waives;is from the re- (B)The printed public notice that is attached was published in the newspaper once each quirements of Subsection condition such the shall be granted upon the further condition that the owner or own- ers of the property or properties shall execute and deliver week,for one successive week(s);it was first published on Thursday,the 30 day to the City a recordable agreement,in form and substance acceptable to the Manager,providing: of June 2005,and was thereafter printed and published on every Thursday A. That the City shall not be liable to any owners or oc- cupiers of the property or properties for any damage or in- to and including Thursday,the day of 2005;and printed below is jury to persons or property resulting from a lath of the re- quired separate and independent connections; a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl- B. That all owners ofthe property or properties served by less than the required separate and independent connec- edged as being the size and kind of type used in the composition and publication of the tions shall share equally in any costs incurred as a result of not having the required separate and independent con- nections and shall pay equally all sewer and water charges notice: made for services to such property or properties; C.That the City may determine the charges for water and abcdefghijklmnopgrstuvwxyz sewer usage by allocating consumption equally among all properties using the common connection and totaling the separate charges based upon such allocation; D. That the City may discontinue water and sewer ser- vices to such property or properties pursuant to Section 1100 of this Code even though such discontinuance will af- BY: jfect property iri addition to that of the persons causing the CFO delinquency;and That,if the property or properties are thereafter platted or subdivided or submitted to the Minnesota Uniform Con- dominium Act,to permit the sale of individual townhous- es or individual lots or individual dwelling units.the City may require that,in connection with such platting or sulr Subscribed and sworn to or affirmed before me division or submittal,each such individual townhouse,lot or dwelling unit shall have sewage disposal lines and on this 30 day of June ,2005. water lines connected directly and separately from all other townhouses or lots to the sanitary sewer mains and water mains serving such townhouse,lot or dwelling unit." Section 2. Subsection 850.12,Subd.5,paragraph B shall G be amended to read as follows: Notary P blie A. Sewer and Water Connections. Each dwelling unit must be separately and independently connected to public sanitary sewer and water mains or shall have been grant- ed a waiver thereofin accordance with Section 445 ofthis ofift Code." ANN CARLSON NOTARY YPUBW MW*SOTA Section 3. Subsection 8511.1:3.Sulxl 7 paragraph F,shall MY COMMISSION EMRES 131-M be amended to read as follows: "E. Sewer and\Pater Connections i'ol-Townhouses.Each totvnhuuse.hall be separately and indelwndenxly coa- nti•ted to public s:utit; y sewer main.,and water mains or shall have been granted It waiver thereof in accordance RATE INFORMATION with Section 445 orthi.s Code.- Sett ion 2. FlIect ive Date. This ordinance shall be in full lorce and elli et alter its adoption and publication accord- (1)Lowest classified rate paid by commercial users $ 2.85 per line n,g,,,the hm. for comparable space First Headings June 21,2005 Second Reeling: Waived Published: June 30,2005 (2)Maximum rate allowed by law $ 6.20 per line Attest Debra A.Man gen,City Clerk James B.Hovland, Mayor (3) Rate actually charged $ 1.30 per line (June 30,20050112005-6Waiver