01-0454R

RESOLUTION AUTHORIZING AN AGREEMENT WITH THE WESTERN LAKE SUPERIOR SANITARY DISTRICT SETTING FORTH TERMS AND CONDITIONS FOR OVERFLOW REDUCTION FOR THE WOODLAWN STREET DEVELOPMENT PROJECT.

BY COUNCILOR ECKENBERG:

        RESOLVED, that the proper city officials are hereby authorized to execute an agreement with the Western Lake Superior Sanitary District setting forth the terms and conditions for the approval of a sanitary sewer extension to serve a residential development on Woodlawn Street in the city of Duluth; said agreement filed as Public Document No. ___________.



STATEMENT OF PURPOSE:  This agreement is being required by the WLSSD as a prerequisite to the approval of the extension of a sanitary sewer to serve a proposed residential development in the Lakeside-Lester Park area on Woodlawn Street. The agreement requires that the city inspect at least 90 percent of the homes in Sanitary Basin No. 2 (the Lakeside-Lester Park area) and secure disconnection of all footing drains in the area that enter into the sanitary sewer by March 1, 2002. If the city does not meet this criteria, then it shall construct a sewage holding tank at its cost of sufficient size to hold all sewage produced by the Woodlawn Street development for a 24 hour period. The agreement further provides that the WLSSD is entitled to a district court injunction to enforce the agreement with the city being responsible to pay the WLSSD's legal costs. If this agreement is signed by the city, the WLSSD agrees to forward the sewer permit application for the Woodlawn Street project to the Minnesota pollution control agency with a recommendation that the permit be approved.

There are about 1,250 homes in Basin No. 2. The city has already inspected over 800 homes in the basin. Corrective action has been completed in 447 homes. Corrective action is pending in approximately 200 homes. Presently, there is a city grant program available to fund these corrections which should be available until the target date of March 1, 2002.