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LAW OFFICES OF <br />William G. Hawkins and Associates <br />WILLIAM G. HAWIGNS <br />SCOTT C. BAUMGARTNER <br />October 25, 2006 <br />Legal Assistants <br />TAMMI J. UVEGEs <br />HOLLY G. PROVO <br />Mr. Gordon Heitke <br />City Administrator <br />Lino Lakes City Hall <br />600 Town Center Parkway <br />Lino Lakes, MN 55014 <br />Re: Sanitary Sewer Code Exception <br />Dear Gordon: <br />2140 FouRm AVENUE NORTH <br />ANOKA, MINNESOTA 55303 <br />PHONE (763) 427 -8877 <br />FAx (763) 421 -4213 <br />E -MAn. HawkLawl@aol.com <br />I am responding to your memorandum of October 18, 2006 concerning the <br />request from St. Joseph's Church to be exempted from the requirement to <br />connect to the City sanitary sewer system. I have reviewed the background <br />memo prepared by the staff report and would offer the following comments. <br />Under Chapter 402.02 of the City Code, "a building used for human habitation or <br />for human occupancy, unless specifically exempted by the Council on the grounds <br />that no human beings occupy or use such buildings and no sewage wastes are <br />generated therein, located on property adjacent to a sewer main, or in a block <br />through which the system extends, shall be required to petition for sanitary sewer <br />service and to connect thereto when their present on -site sewage system fails. <br />The owner of such property shall pay all assessments for sanitary sewer in <br />accordance with Lino Lakes assessment policies. No permits shall be granted for <br />reconstruction for existing on -site systems when city sanitary sewer service is <br />available to such property." <br />It is my understanding that the church building will be used for human habitation <br />or for human occupation at least once a month so the exemption provided for in <br />Chapter 402.02 could not be used. <br />