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Home My WebLink About2019-011 Council Ordinances1st Reading: December 9, 2019 Publication: December 31, 2019 2nd Reading: December 23, 2019 Effective: January 30, 2020 CITY OF LINO LAKES ORDINANCE NO. 11- 19 AN ORDINANCE AMENDING CHAPTER 401 AND CHAPTER 402 OF THE CITY CODE RELATED TO CONNECTION TO MUNICIPAL WATER AND SANITARY SEWER SYSTEMS AND DISCONTINUANCE OF PRIVATE WELLS The City Council of Lino Lakes ordains: Section 1. Lino Lakes City Code Chapter 401.02 is hereby amended as follows: (1) Any buildings used for human occupancy, including all business buildings, unless specifically exempted by the Council on the grounds that no human beings occupy or use the buildings and no human needs are generated therein, located on property adjacent to a water main, or in a block through which the water extends, shall be required to petition for water service and to connect thereto when their present on -site water system fails except as provided for in subdivision 3 below. The owner of the property shall pay all assessments for water in accordance with Lino Lakes assessment policies. No permits will be granted for reconstruction of existing on -site systems when city water service is available to the property. (2) Agricultural buildings hereafter constructed within the city on property adjacent to a water main or in a block through which the water system extends, shall be provided with a connection to the municipal water system for all human needs. (3) Connection to the sanitary sewer system -shall b rod ` ithin r . e. f cm the date of: (a) Connection to the water system; or (b) When the sanitary sewer system is available. (3) The City Council may in its discretion allow for the replacement of a private on - site water system (well) subject to the following conditions (a) a private well existed on the property prior to availability of municipal water services. (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. (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. If the ISTS system is determined to be noncompliant and municipal services are provided to the site, connection to the municipal sanitary system shall be required. All applicable connections fees shall be paid at the time of permitting or specially assessed in accordance with City policy. (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. Section 2. Lino Lakes City Code Chapter 401.16 (3) is hereby amended as follows: (3) Discontinuance. If the well is not continued in use at the time a municipal water connection is made it must be sealed by a licensed well contractor or limited well sealing contractor in accordance with the rules and regulations of the state department of health. (a) The well pump and tank shall be discontinued from all internal house piping; (h) Tl,ne�uJii� shall he filled . ,;th ndy sell fv, o,the botteF to „t e ght tv� � � feet from the top; (c) The remaining eight feet shall be filled with concrete to the floor level and the well crasing-cut oxfr-assclose co the--f oor level as possible; aid (d) The owner or occupant must advise the plumbing inspector within 30 days from the date of inspection that the well has been sealed. Section 3. Lino Lakes City Code Chapter 402.02 (3) is hereby amended as follows: later date of: (a) Connection to the sanitary sewer system; or (b) When the water system is available Adopted by the Lino Lakes City Council this 23rd day of December, 2019. The motion for the adoption of the foregoing ordinance was introduced by Councilmember Manthey and was duly seconded by Councilmember Stoesz and upon vote being taken thereon, the following voted in favor thereof: Manthey, Stoesz, Rafferty, Maher, Reinert The following voted against same: none ATTEST: e Bartell, City Clerk • • • CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: December 23, 2019 TOPIC: Consider Second Reading of Ordinance No. 11-19, Amending City Code Chapters 401 and 402 Related to Connection to Municipal Water and Sewer Systems and Private Wells, Michael Grochala VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider amending City Code section 401 and 402 relating to requirements for connection to municipal water and sanitary sewer system and discontinuance of private wells. BACKGROUND Currently City Code Section 401.02 requires that a property owner hook up to city water, if available in a street, when a pre-existing on -site water system (well) fails. Consideration to allow for the installation of a private well requires an amendment to Chapter 401 of City Code. The prohibition on new wells where municipal services are available is, in part, to recoup the City's infrastructure investment and to protect the City's source drinking water supply. The City Council approved the First Reading of Ordinance No. 11-19 on December 9, 2019. The ordinance allows for installation of a private well, at the City Council's discretion, subject to the following conditions: 1. A private well existed on the property prior to availability of municipal water services. 2. The private well is not located within an area defined as a high vulnerability or very high vulnerability area in the City's Drinking Water Supply Management Area (DWSMA) as amended. 3. The property is connected to the municipal sanitary sewer system or the Individual Sewage Treatment System (ISTS) is determined to be in conformance with the provisions of City Code and Minnesota Rules regarding ISTS systems. The applicant is required to provide a compliance inspection report completed by a licensed inspector. If the ISTS system is determined to be noncompliant and municipal services are provided to the site, connection to municipal sanitary sewer system required. All applicable sanitary sewer connections charges would be due and payable with the connection. 4. Applicant is required to pay the City Trunk Water Utility Connection Charges consisting of a Trunk Charge and Availability Charge. The rate for 2020 is $3,757. Other charges including the Lateral Connection Charge would not be due until time of actual connection to the system. The amendment to Chapter 401 also includes striking language that requires connection to sanitary sewer within seven years of connection to water. This provision was added in 1997 and is not uniformly applied. Staff is of the opinion that required connection, at the time of system failure, is adequate. The corresponding change in Chapter 402 Sanitary Sewer Systems is also proposed. The final revision strikes specific requirements for capping a well when it is discontinued. Capping of wells is regulated by the State of Minnesota. RECOMMENDATION Consider Second Reading of Ordinance No. 11-19. ATTACHMENTS 1. Ordinance No. 11-19 • • •