00-0422R

RESOLUTION MODIFYING THE MAY 9, 2000, ORDER TO JENNIFER HUNTLEY, SNM DEVELOPMENT COMPANY, MESABI VILLAS SOUTH, LTD., AND T&B PARTNERSHIP TO DISCONNECT AND CEASE USING A PRIVATE SEWER LINE.

BY COUNCILOR STOVER:

WHEREAS, Jennifer M. Huntley owns a residence at 126 North Seventh Avenue West; SNM Development Company owns residential properties at 702, 704, and 706 West Second Street; Mesabi Villas South, Ltd. owns residential property at 706-1/2 West Second Street; and T&B Partnership owns residential property at 708 West Second Street; and

WHEREAS, all of the above-mentioned properties are served by a private common sewer service located in North Seventh Avenue West that connects to a public sewer main in Second Street; and

WHEREAS, the private common sewer service serving these properties is crushed and no longer serviceable; and

WHEREAS, Section 43-27 of the Duluth City Code and Section 4715.0310 of the Minnesota State Plumbing Code provide that each building must have a separate sewer service connecting it to the main; and

WHEREAS, on May 9, 2000, Duane Lasley, building official, acting as agent for the superintendent of sewers, issued an order to Jennifer M. Huntley, SNM Development Company, Mesabi Villas South, Ltd., and T&B Partnership, ordering them to disconnect their common private sewer line so that each building served by said common sewer line would have a separate sewer connection to a public sewer main; and

WHEREAS, SNM Development Company, Mesabi Villas South, Ltd., and T&B Partnership have appealed said order pursuant to the provisions of Section 43-16 of the Duluth City Code; and

WHEREAS, the Duluth City Council has heard relevant information from the building official and the appellants and has considered all evidence and arguments presented in this matter;

NOW, THEREFORE, BE IT RESOLVED, that the Duluth City Council finds that the appellants are entitled to relief to the extent that the order is suspended if, and only if, the affected parties reach an agreement to construct separate private services and/or extended sewer mains to legally serve the affected properties by August 15, 2000, and complete construction of said services and/or mains by November 1, 2000. If these conditions are not met, the order remains in full force.


STATEMENT OF PURPOSE: This resolution extends the time deadlines in the order of the building official of May 9, 2000, to provide that if the parties can reach an agreement to construct new legal services and/or mains by August 15, 2000, and construct the facilities by November 1, 2000.