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HomeMy WebLinkAbout2019-181 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 19-181 ALLOWING PRIVATE WELL CONSTRUCTION 7109 SUNRISE DRIVE WHEREAS, City Code Section 401.02 prohibits the construction of private wells where municipal water is available unless approved by the City Council subject to the provisions of Section 401.02 (3); and WHEREAS, the property owner of 7109 Sunrise Drive has requested consideration by the City Council to allow replacement of an existing well on said property; and WHEREAS, a private well existing on the property prior to extension of municipal water services in 1991; and WHEREAS, the property is not located within the City's Drinking Water Supply Management Area; and WHEREAS, sewage treatment on the property is provided by an Individual Sewage Treatment System and municipal sanitary sewer services are available if necessary. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: The property at 7109 Sunrise Drive shall be allowed to construct a private well subject to the following conditions: 1. The property owner shall have a compliance inspection completed for the existing ISTS system by a state licensed inspector. Connection to the municipal sanitary sewer system shall be required if the ISTS is determined to be a failing system, including a system that is not protective of groundwater. Said report and connection to municipal facilities, if necessary, shall be completed within six months of the date of this resolution. All sanitary sewer connection fees, including lateral connection charges, shall be due at the time of connection. 2. The property owner shall pay the required Trunk Water and Availability Charges prior to connection of the new well. Said charges may be assessed against the property at the request of the property owner. Lateral connection charges shall not be due until time of connection to the municipal system. Adopted by the Council of the City of Lino Lakes this 23rd day of December, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member STOESZ and was duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Stoesz, Maher, Manthey, Rafferty, Reinert The following voted against same: None Jeff Reinert, ATTEST: Jliarie Bartell, C. Cler a or CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: December 23, 2019 TOPIC: Consider Resolution No. 19-181, Allowing Private Well Construction, 7109 Sunrise Drive, Michael Grochala VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider allowing private well construction under the provisions of City Code Section 401.02 BACKGROUND Under the recently amended Section 401.02 of City Code, construction of a private well on property where municipal water is available, is only allowed by approval of the City Council subject to certain conditions. The property owner of 7109 Sunrise Dr. is seeking approval to complete construction and connection to a new well on the site. In accordance with the provisions of the 401.02 (3) the property owner must satisfy the following requirements: a. a private well existed on the property prior to availability of municipal water services. The house was constructed in 1948. Public utilities where extended to the area in 1991 as part of the Sunnygate Development. b. The private well is not located within an area identified as a high vulnerability or very high vulnerability area in the City's Drinking Water Supply Management Area (DWSMA) as amended. The property is located outside of the City's Drinking Water Supply Management Area. c. The property is connected to the municipal sanitary sewer system or an Individual Sewage Treatment System (ISTS) determined to be in conformance with the provisions of City Code and Minnesota Rules Chapter 7080, as amended. The applicant shall provide a compliance inspection report completed by a licensed ISTS inspector. The property is served by an Individual Sewage Treatment System (ISTS). The property owner is required to submit a Compliance Inspection Report prepared by a licensed ISTS Inspector. If system is noncompliant connection to the available municipal sanitary sewer system will be required. Staff is recommending that the applicant be given 6 months to complete the inspection and if necessary connect to municipal sewer system. Sanitary sewer trunk connection and lateral charges shall be due at time of connection. d. Applicant shall pay the City Trunk Water Utility Connection Charges consisting of a Trunk Charge and Availability Charge. Other charges including the Lateral Connection Charge would not be due until time of actual connection to the municipal water system. Applicant will be required to pay the required City Trunk Water and Availability Charge. The 2020 fee charge is $3, 757.00. The fee may be assessed at the request of the property owner. RECOMMENDATION Consider approval of Resolution No. 19-181. ATTACHMENTS 1. Resolution No. 19-181