1o. Consider Appeal to Delay connection to City Sanitary Sewer and Water Morgan/Scott, 4031 Kings RoadP
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CITY OF /O
�8AN8ASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Action by City AdmtnistfWT
MEMORANDUM
Fndors-+
TO: Charles Folch, Director of Public Works Modified
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FROM: Dave Hempel, Assistant City Engineer f Dale Submitted to cc•
DATE: August 7, 1995 -- Dats submitted to councit
SUBJ: Consider Appeal to Delay Connection to City Sanitary Sewer and Water
Morgan /Scott - 4031 Kings Road
BACKGROUND
In conjunction with the Oaks of Minnewashta development, sanitary sewer and water service is proposed
to be extended along Kings Road within 150 feet of the Morgan /Scott residence at 4031 Kings Road.
City Ordinance Section 19 -41 (attached) requires homes within 150 feet of a sanitary sewer or water line
be connected within 12 months after the line becomes operational. Ms. Morgan and Ms. Scott built their
home approximately four years ago. According to the City's building records the septic system that was
installed meets current standards and appears to be properly maintained.
PROPOSAL
The City has received a request from Ms. Morgan and Ms. Scott to defer the requirement to connect to
the City's sanitary sewer and water lines due to the fact their septic system is relatively new and the
system currently meets today's standards. Staff is in support of this request with the conditions outlined
in the recommendations.
RECOMMENDATIONS
It is therefore recommended that the City Council adopt a resolution deferring connection of 4031 Kings
Road to the City's sanitary sewer and water system until the septic system and /or well fails or the property
subdivides. The property owners shall also provide biannually the City with maintenance /pumping
records.
Attachments: 1. Letter from Ms. Morgan and Ms.
2. City Ordinance Section 19 -41.
3. Letter from David Hempel to Ms
4. Location map.
c: Steve Kirchman, Building Official
Ms. Morgan and Ms. Scott
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Scott dated July 21, 1995.
Rebecca Heltzer dated July 11, 1995.
OFF)CIAL ENGINEERING COPY
Received
Revision No.
Approved b City Engineer
Date r �: f-9s
Approved by City Council
(4_1' vJ"
Susan E. Morgan
'
Linda A. Scott
4031 Kings Road
'
Excelsior, Mn. 55331
7/21/95 '
Chanhassen City Council ,
690 Coulter Drive
Chanhassen, Mn 55317
Dear Council Members,
This letter is a request for a variance for hooking up to city '
water and sewer along Kings Road. Harstad Development and
the City of Chanhassen are developing the road past our property
at 4031 Kings Road. '
Four years ago, when we built our house, we invested $7000 in
a Mound Septic System upon the City's request. In addition '
our well was another $4000 investment. Both the well and the
septic were serviced and examined a year ago. They were both
found to be in excellent condition.
Based on this most recent investment of $11,000, and on the young '
age of our current well and septic, we believe a variance should
be granted. I
Kate Aanenson suggested that this letter was all that was needed
to apply for this variance. If you would like additional information,
please let us know. Harstads are filing their final plat on
Monday, July 24th. If it's possible we would like the variance
granted at the same meeting.
Thank you for your consideration.
Sincerely, � )
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cc: Kate Aanenson, Planning Commission
Charles Folch, City Engineer
Dave Hempel, Assistant City Engineer
Rebecca Heltzer, Attorney
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WATER, SEWERS AND SEWAGE DISPOSAL § 19 -41
(d) In the event any water service charge is not paid within three (3) months after the time
it is rendered, the city council may recover said amount in an action brought in any court of
competent jurisdiction, or in the alternative, may certify the amount due together with pen-
alties to the county auditor to be collected with other real estate taxes levied against the
premises served.
(e) When termination of water service is requested by a consumer, the city clerk shall
direct the water superintendent to turn off the service to the premises involved. The meter
shall be read at that time and a final bill rendered to the consumer. Water service shall not be
restored to the premises except upon the payment of all prior service charges.
(f) In the event a meter is found to have stopped, or to be operating in a faulty manner,
the amount of water used by the consumer shall be estimated, which estimate shall be based
on prior consumption.
(Ord. No. 6, § 6, 3- 11 -85)
Secs. 19.30 - 19.40. Reserved.
ARTICLE M. MUNICIPAL SANITARY SEWAGE DISPOSAL SYSTEM*
Sec. 19.41. Connection required.
(a) The owner of each existing building or structure from which sewage or industrial
waste is drained and which is located on premises adjacent to a sewer of the city sanitary sewer
system, or in a block through or to which the sanitary sewer system extends, or is within one
hundred fifty (150) feet of said sanitary sewer system, shall cause the premises to be connected
with the sanitary sewer system of the city within twelve (12) months after such connection
becomes available to any such premises, unless, in the opinion of the city council after con-
sultation with the city engineer, it is neither feasible nor practical to make such connection.
(b) All buildings and structures constructed within the city after March 11, 1985, on
premises adjacent to a sewer of the city sanitary sewer system, or in a block through or to
which the sanitary sewer system extends, or is within one hundred fifty (150) feet of said
sanitary sewer system, shall be connected to the city sanitary sewer system for the disposal of
sewage or industrial waste.
(c) Any person required by this section to connect premises with the sanitary sewer
system shall cause such connection to be made within thirty (30) days after receipt of written
notice from the city ordering the connection. Service of the notice shall be sufficient if served
personally upon such person or served by certified mail addressed to such person at the
premises.
*State law references — Authority of city to establish and maintain sewers, M.S. § 412.221,
subd. 6; authority of city to provide for or regulate the disposal of sewage, M.S. § 412.221, subd.
22; power of city to compel sewer connections, M.S. § 412.221, subd. 31; sewers and sewage
disposal systems, M.S. § 444.075.
I Supp. No. 5 1070.1
// — .-" "e J ' Xxll z
§ 19 -41 CHANHASSEN CITY CODE
(d) Whenever any owner shall fail to comply with such written notice, the city council
may, by resolution, direct that a connection be made with the sanitary sewer and that the cost
of the installation be assessed against the property benefitted.
(e) After such city installation and connection is completed by order of the council, the city
clerk shall serve a written notice of the assessment Lipon the owner directing him to pay said
assessment to the city within ten (10) days after the service of said notice. If such assessment
is not paid within ten (10) days the city clerk shall certify the amount thereof to the county
auditor for collection in the same manner as other special assessments for such a period and
under such terms as the city council shall determine.
(Ord. No. 6, § 1.02 -1.04, 3- 11 -85; Ord. No. 168, § 6, 4- 27 -92)
State law reference— Authority to require sewer connections, M.S. § 412.222, subd. 31.
Sec. 19.42. Persons authorized to make connections, etc.; bond.
(a) Work which in any way affects the city's sewer lines or connections thereto shall be
performed only under the direct supervision of a master plumber licensed by the state. Any
person, however, with prior approval of the plumbing inspector may apply for a permit to do
plumbing work which complies with the provisions of the minimum standards prescribed by
the state commissioner of health on premises or that part of premises owned and actually
occupied by the worker as a residence.
(b) In the event that the permitted work includes any direct contact with the city's sewer
system or the alteration of a city street, the plumber shall file with the city a corporate surety
bond approved by the city in the sum of two thousand dollars ($2,000.00) conditioned that he
will perform competently all work with due care and skill, and in accordance with state and
city laws, ordinances, rules, and regulations. The bond shall provide that the principal and
surety shall indemnify and save harmless the city and the owner of the premises for which the
work is to be performed against all damages, costs, expenses, and claims of every nature
arising out of violation of state and city laws, ordinances, rules and regulations, lack of skill,
or negligence on the part of the principal in connection with the performance of any work
hereunder or the furnishing of materials therefor. The bond shall remain in force for a period
of one (1) year, except that on such expiration it shall remain in force as to all penalties, claims,
and demands that may have arisen thereunder prior to expiration. Bond requirements may be
waived by the building official for:
(1) Persons seeking plumbing permits for work on premises owned and occupied as a
residence by permittee.
(2) Master plumber seeking plumbing permits on premises owned and occupied by per-
mittee's employer.
(Ord. No. 168, § 7, 4- 27.92)
Sec. 19 -43. Permit for connections, etc.
(a) Required. Work which is regulated by the Minnesota Plumbing Code, or that affects
the city water lines or city sanitary sewer system shall not be performed without first ob-
taining a written permit from the city.
Supp. No. 5 1070.2
CITY
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Ms. Rebecca Heltzer
Bernick & Lifson, Attorneys at Law
Suite 1200 The Colonnade
5500 Wayzata Boulevard
Minneapolis, MN 55416 -1270
Re: Kings Road Improvement - "The Oaks of Minnewashta" - Project No. 94 -14
' Your Project No. 53195 -01
Dear Ms. Heltzer:
This letter is a follow -up to your correspondence dated July 5, 1995. I have address the issues
raised in your letter as follows:
1. Sewer and Water Connection. - According to City Code, Section 19 -41 (see attached),
owners of each existing building or structure within 150 feet of said sanitary sewer system
shall be connected to the sanitary sewer system within 12 months after such connection
becomes available unless in the opinion of the City Council after consultation with the
City Engineer it is neither feasible nor practical to make such a connection. The City in
the past has had similar applications where the property owner has a relatively new septic
system when sanitary sewer becomes available. In the past the City has permitted a
variance from this code conditioned upon the current septic system meeting code which
the property does according to the City's building files and the property owner supplying
the City with documentation bi- annually that the current septic system is maintained and
operating properly. The property owner should submit a written request for a variance
from this ordinance to the city engineer for consideration at the next available City
Council meeting.
The connection charges for 1995 are $3,500 and $3,500 for sanitary sewer and water
service, respectively. The $7,500 is a cost (assessment) for connecting to City sewer and
water facilities. This is paid at time of permit application. The $7,500 connection charge
can also be assessed over a 4 -year period at an interest rate of around 8% annually. In
addition to connection charges, a hook up charge may also be applied to the sewer and
water permit if the property was not charged previously. The hook up charges for 1995
are $1,005 for sewer and $1,375 for water service. As a part of the Kings Road
July 11, 1995
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Ms. Rebecca Heltzer
July 11, 1995
Page 2
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improvement project, sanitary sewer and water lines will be extended along Kings Road.
Individual services will be extended to the property line for future extension by the
property owners into the homes. The cost of extending the service from the property line
to the home is borne by the property owner.
In conjunction with the upgrade of Kings Road, storm water will be rerouted from the existing
24 -inch culvert underneath Kings Road which meanders through the Morgan/Scott parcel (4031
Kings Road). The storm water will be rerouted easterly along Kings Road via storm sewers to
outlet on the parcel just east of the Morgan/Scott property. The existing culvert underneath
Kings Road will be removed as a part of this construction project.
Construction plan approval for this development has been scheduled for the July 24, 1995 City
Council meeting. A neighborhood meeting has been scheduled for July 18, 1995 at 6:00 p.m.
in City Hall to discuss access during construction. Ms. Morgan and Ms. Scott should receive
notice shortly regarding the meeting. I hope this letter addresses your concerns and questions
from your July 5, 1995 letter. Should you have any questions, feel free to contact me.
Sincerely,
CITY OF CHANHASSEN
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David C. Hempel
Assistant City Engineer
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Enclosure: Section 19 -21 & 19 -41 City Code
c: Charles Folch, Director of Public Works
Kate Aanenson, Planning Director
Ms. Susan Morgan, 4031 Kings Road
Ms. Linda Scott, 4031 Kings Road
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