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Home My WebLink About3.f.a. Joint Effort to Provide Municipal Water and Sewer to Customers with Access to Utilities 3. if: 4.1c, CITY OF SHAKOPEE 'Sltsay tin - feta i1t A pLt ittia, MemorRIZI unz �� S " }� ht2J� ((j "fU �U c-2 LI /1 ti4 S io opt f Is TO: Mayor & City Council C Scwvt , Mark McNeill, City Administrator „AA in"2` /e(L!`tu9° FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Sewer & Water Connections for Sites with Individual Sewer Treatment Systems (ISTS) as per City Code Section 3.10, Subdivision 8. DATE: August 8, 2012 ACTION SOUGHT: For Council to consider approving a motion to direct staff to enforce a sewer and water connection ordinance on sites with existing sewage treatment systems that are able to connect to the City Municipal Utilities. INTRODUCTION: At the July 2, 2012 City Council meeting, City Council discussed a residential SAC policy and from that discussion, they directed staff to look at what sites could be hooked up to municipal sewer and water and have gone beyond a three year time frame as per City Code Sect. 3.10, Subd. 8. BACKGROUND: In the City Code under Section 3.10, Subd. 8, the code does require property to connect to the municipal utilities system whenever those systems are available and extended to the property and to be done within a three year period once those facilities are available. The Council did discuss the Residential SAC policy and came to the conclusion that a Residential SAC policy is not appropriate at this time. Council did direct staff to look at what parcels where sanitary sewer service lines and water service lines have been extended to the property and yet have not connected to those systems. Attached is a map and a spreadsheet showing the number of parcels that staff believes have sanitary sewer and water service lines extended to the property in which those lines in the system are available for connection. Most of the parcels which have not connected up are beyond the three year time limitation are along Eagle Creek Blvd and are residential properties. Another parcel staff has noticed is the commercial property along CR 101 across from Valleyfair. Some of the parcels are connected to the water utility and others are not. Parcels in which city sewer and water have been available, a one year time frame shall be given to connect. These parcels are as follows: 1.) 6100 County Road 101 East — PID No. 27- 903007 -0 2.) 2078 Eagle Creek Boulevard — PID No. 27- 908029 -0 3.) 2184 Eagle Creek Boulevard — PID No. 27- 908013 -0 4.) 2860 Eagle Creek Boulevard — PID No. 27- 908072 -0 5.) 3088 Eagle Creek Boulevard — PID No. 27- 908069 -1 One parcel at 324 1 Avenue West recently had sewer and water services extended to the property and per code should be given a three year time frame to connect. Staff would be asking Council for a motion directing staff to enforce City Code 3.10, Subd. 8 — (Hookup Required). ALTERNATIVES: 1.) Approve a motion directing staff to enforce City Code regulation on Hookup Required (Sect. 3.10, Subd. 8) on Parcel PID Nos. 27- 903007 -0, 27- 908029 -0, 27- 908013 -0, 27- 908072-0 and 27- 908069 -1 with connections to be made within one year from date of notice. 2.) Do not approve motion to Alternative No. 1. 3.) Approve a motion directing staff to enforce City Code regulations on Hookup Required (Sect. 3.10, Subd. 8) on Parcel PID No. 27- 001131 -0 with connections to be made within 3 years of date of notice. 4.) Do not approve motion in Alternative No. 3. 5.) Table for additional infonnation. RECOMMENDATION: Staff recommends Alternative No. 1 and No. 3 to direct staff to enforce connections to Municipal Sewer and Water Systems and on the recommended time frame. Another option for Council is to give all parcels the same time frame which would be 3 years. ACTION REQUESTED: 1. Approve a motion directing staff to enforce City Code regulation on Hookup Required (Sect. 3.10, Subd. 8) on Parcel PID Nos. 27- 903007 -0, 27- 908029 -0, 27- 908013 -0, 27- 908072 -0 and 27- 908069 -1 with connections to be made within one year from date of notice; 2. Approve a motion directing staff to enforce City Code regulations on Hookup Required (Sect. 3.10, Subd. 8) on Parcel PID No. 27- 001131 -0 with connections to be made within 3 years of date of notice. Bruce Loney, . . Public Works Director ENG12 • 'SEWER &WATERCONNECTIONAPPROVAL • 0 n N c c � � <' a O O �f Q a is E. y � � G r y G � VJ LOCATION of Individual Sewage - = ]D9 Systems with City Sanitary „,. ys ,., �, „, f. SHAKOPEE System Available mommn®sa�c «c •m e, „., ••• , a • CITY of SHAKOPEE ADDRESSES WITH CITY SANITARY SYSTEM AVAILABLE City Connected City Sanitary to City Storm Other Notes p)Ip Name Address System Water System Available System Fee , Y N N CR 69 Project installed Sewer & Water service in 270011310 2012 Philipp R Hill 324 1 Av W 270030070 Keiran W O'Brien & Associates 329 Adams St S Y N N Set for Demolition Council approved new ISIS installation in Sep. 270012850 Y N N Eugenel L & Mary Ann Kurvers 211 Shumway St S 2010 279030070 Reed A Beckler 6100 Co Rd 101E Y Y Y 279080290 William G & Kandi Scheurer, Jr 2078 Eagle Creek Blvd Y Y Y Sewer Avalible in 1996 279080130 Jeffrey & Melissa A Jovaag 2184 Eagle Creek Blvd Y Y Y Sewer Avalible in 1996 279080720 David A & Kathleen J Kincs 2860 Eagle Creek Blvd Y N N Sewer Avalible in 1996 279080691 James J & Mary Ann Hauer 3088 Eagle Creek Blvd Y _ Y N Sewer Avalible in 1996 Parcels w/ City and/or Water Available 3•f•a v Sanitar v Sewer and l Parcel # Name Address Year SPUC Acct# Adjacent Connected Adjacent Connected Water Trunk Water Notes Built Sewer to Sewer Water to Water Connection Charge Paid Charge Paid 270011310 Philipp R Hill 3241'`Ave W 1900 434 -001 No Record NA Acct Closed Yes No Yes No WCS: Yes WSL: No 270030070 Keiran W O'Brien & Assoc 329 Adams St. 1955 Acct closed No Record NA House Demo'd 2011 Yes No Yes No WCS: No WSL: No 270012850 Eugene L & Mary Ann Kurvers 211 Shumway 1900 610 -001 No Record No Record No No No No WCS: No WSL: No 279030070 Reed A Beckler 6100 Co Rd 101 E No Data 4471 -001 No Record NA Yes No Yes Yes WCS: Yes WSL: Yes 279080290 William G & Kandi Scheurer, Jr 2078 Eagle Creek Blvd 1870 5909 -001 Yes No Yes Yes No Record NA WCS: Yes WSL: Yes 279080130 Jeffrey & Melissa A Jovaag 2184 Eagle Creek Blvd 1967 4049 -001 Yes No Yes Yes No Record NA WCS: Yes WSL: Yes 279080720 David A & Kathleen J Kincs 2860 Eagle Creek Blvd. 1952 6570 -001 Yes No Yes No No Record No Record WCS: No WSL: No 279080691 James J & Mary Ann Hauer 3088 Eagle Creek Blvd 1993 673 -001 Yes No Yes Yes No Record Yes WCS: Yes WSL: Yes WCS - Water Curb Stop and Line to main installed WSL - Water Service Line to house installed Page 1 of 2 10/4/2012 Parcels w/ City Sanitary Sewer and /or Water Available Parcel # Name Address Year I SPUC Acct# Adjacent Connected Adjacent Connected Water Trunk Water Notes Built Sewer to Sewer Water to Water Connection Charge Paid Charge Paid 270010900 Total Rental 441 1st Ave W 1960 26 -001 8/2012 No 8/2012 No No Record NA WCS: 2012 WSL: No 270011270 Mike's Auto 452 1st Ave W No Data 6123 -001 Agmt date NA (Mike & Peggy Dircks) 8/2012 Yes 8/2012 No 8/2012 WCS: 2012 WSL: In Progress 270011210 Rahr (CH Carpenter) 502 1st Ave W 1972 443 -001 8/2012 No 8/2012 No No Record NA WCS: 2012 WSL: No 279050180 Shakopee Council (KC Hall) 1760 4th Ave E No Data 4379 -001 No Record 2004 Yes Yes Yes No WCS: 2004 WSL: 2004 279050100 Canterbury Storage 1933 Eagle Creek Blvd No Data 141222 -002 No Record No Record Yes No No No WCS: No WSL: No 279080260 Shakopee Mini Storage 1945 Eagle Creek Blvd. 2000 6788 -001 Yes No Yes No No Record NA WCS: No WSL: No 279050041 Comcast 1953 Eagle Creek Blvd. 2000 8857 -001 Yes No No No No Record No Record WCS: No WSL: No 279080250 Custom Landscape 2419 Eagle Creek Blvd. 1975 13166 -001 Yes No Yes No No Record NA WCS: No WSL: No 279080210 Bonnie Rider 2080 Hauer Trail 1968 2724 -001 Yes No Yes No No Record NA WCS: 1974 WSL: No 279080620 Les Teneyck 2488 Hauer Trail 1968 2329 -001 Yes Yes Yes No No Record NA WCS: 1974 WSL: No 279080640 Ronald Storms 2638 Hauer Trail 1968 6525 -001 Yes Yes Yes No No Record NA WCS: 1974 WSL: No 279080460 Armin Koepp 2649 Hauer Trail 1963 6519 -001 Yes No Yes No No Record NA WCS: 1974 WSL: No 279080600 Richard Blenkush 2716 Hauer Trail 1968 6523 -001 Yes No Yes No No Record NA WCS: 1974 WSL: No 279080441 Shona Pulk 2767 Hauer Trail 1967 1263 -002 Yes Yes Yes No No Record NA WCS: 1974 WSL: No 279080670 Robert C & Carol A Eager 1263 Jasper Rd S 1970 6522 -001 Yes Yes Yes No No Record Yes WCS: 1987 WSL: 1987 271960050 Myron Anker 145 E Mound St 1971 5541 -001 Yes Yes Yes No Yes Yes WCS: 1995 WSL: 11/14/1995 271960110 Donald Wruck 166 Mound St 1968 5116 -001 Yes Yes Yes No Yes Yes WCS: 1995 WSL: 10/1/1996 271960090 Lin Lalond 180 E Mound St 1969 5117 -001 Yes Yes Yes No Yes Yes WCS: 1995 WSL: 11/1/1995 271960020 Kent Sanders 213 Mound St 1967 5538 -001 Yes Yes Yes No Yes Yes WCS: 1995 WSL: 10/11/1995 271950060 Thomas Mulken 254 Mound St 1965 5120 -001 Yes Yes Yes No Yes Yes WCS: 1995 WSL: 6/10/1996 271960160 James Schack 152 E Sand St 1968 5130 -001 Yes Yes Yes No Yes Yes WCS: 1995 WSL: 8/17/1995 271960230 Gregary Merker 230 E Sand St 1967 1644 -001 Yes Yes Yes No Yes Yes WCS: 1995 WSL: 9/20/1996 271950070 Mike Rowan 253 E Sand St 1964 6266 -001 Yes Yes Yes No Yes Yes WCS: 1995 WSL: 12/1/1997 WCS - Water Curb Stop and Line to main installed WSL - Water Service Line to house installed Page 2 of 2 10/4/2012 Kim Weckman � �GL• From: Bruce Loney Sent: Wednesday,October 10,2012 5:21 PM To: Kim Weckman Subject: FW:Sewer and Water Hook Ups Attachments: Document2.doc Fyi on Jim's email. Bruce Loney Public Works Director office phone no.952-233-9361 mobile phone no.612-369-7488 �. From: Thomson, James J. [mailto:jthomson@Kennedy-Graven.com] Sent: Monday, October 08, 2012 3:31 PM To: 'Bruce Loney' Cc: 'Mark McNeiIP Subject: Sewer and Water Hook Ups Bruce, , I am following up our phone conversation regarding potential methods for the City to enforce Section 3.10, subdivision 8 of the City Code requixing property owners to hook up to public sanitary sewer within three years of those facilities being available to residential property. It is my understanding that SPUC has a similar requirement with respect to its water system. The City Council and Commission will be discussing this item as part of their joint meeting tomorrow night. Their discussion will focus on the potential options that might be available to the City and SPUC to enforce those respective provisions. Here are the potential options as I see them: 1. Prosecute the violation as a misdemeanor Failure to comply with the hook-up provision in the City Code is a misdemeanor and could be prosecuted. Such a remedy, however, is not a viable one in my opinion. Judges who handle criminal matters do not perceive those types of violations as crimes. In addition, labeling a property owner as a"criminal" for failing to hook up to the public sanitary sewer and water systems can be viewed as an extreme remedy. 2. Civil Action The second potential method of enforcing the provision would be to bring a civil action to obtain a court order compelling compliance with the code. However, that remedy is costly to the City and SPUC and to the homeowner. In addition, going to court on a matter that is not an immediate health or safety issue could also be viewed as an extreme remedy. � 3. Imnosin�a sewer and water availabilitv fee Minnesota Statutes, Section 444.075, subdivision 3, states that a city may impose"just and equitable charges for the use and for the availabilitv of' public sanitary sewer and water services. Some cities rely on that statutory i authority to impose a chaxge on property owners who do not hook up to public sanitary sewer and water within a specified time. As an example, I am attaching an excerpt from the Oak Grove City Code on that subject. That code provision allows the city to impose a $1,000 "utility availability fee" on a property owner who wants to defer the connection deadline. (Another possible approach would be to impose an annual fee.) In my opinion, the most effective method to enforce the code provision would be to impose a charge on property owners who have not hooked up within the required time. Although payment of such a charge does not, by itself, require the property to connect to the sanitary sewer or water system, the fee would provide a financial incentive for property owners to do so. The amount of the fee can be assessed to the property if the fee is not paid. If the City Council and Commission believe that a charge similar to the one summarized above is appropriate, I can work with City and SPUC staff to prepare the appropriate ordinances. Let me know if you need anything further from me on this issue. I would be happy to attend the joint meeting tomorrow night if you think that would be beneficial. Jim � Jim Thomson Kennedy&Graven 470 U.S.Bank Plaza 200 South Sixth Street Minneapolis,MN 55402 , 612-337-9209(phone) 612-337-9310(fax) ATTENTION:This message and any attachments are intended only for the recipient(s)named above,and may contain information that is confidential,privileged,attorney work product,or exempt or protected from disclosure under applicable laws and rules.If you are not the intended recipient(s),or an agent responsible for delivering it to an intended recipient,you are notified that the dissemination,distribution,or copying of this message and any attachments is strictly prohibited.If you have received this message in error,please notify the sender immediately at either the e-mail address or the telephone number included herein,delete this message and any of its attachments from your computer and/or network,and destroy any hard copy print-outs.Receipt by anyone other than the named recipient(s)is not a waiver of any attorney-client,work product,or other applicable privilege. This message and any attachments are covered by the Electronic Communication Privacy Act, 18 U.S.C.Sections 2510-2521. 2 CHAPTER 1720—REQUIRED CONNECTION TO CITY FACILITIES Subd. 1. FACILITIES CONNECTION. To protect the general health and welfare of the City it is required that any residence, dwelling or other building with access to sewer or water services be connected to City Facilities within one(1)year of the time such facilities pass the property where the residence, dwelling or other building is located, provided, however, that connections to the NE Sewer Project must be completed within two (2) years. Residences, dwellings or other buildings receiving sewer or water services that are newly constructed on property�adj acent°tos City�Facilities`shall�beiconnected prior to°issuance=of°a°certificate-of occupancy.(Amended, Ord. 09-08) (Amended Ord. 10-10) Subd. 2. DEFERR.AL OF SEWER AND WATER CONNECTION. A property owner may apply to the Ci'ty for a deferral of the connection deadline. The applicant must show that the property has properly functioning systems that meet the current state and local standards. The applicant may make such showing by providing a current MPCA Compliance Inspection Report that is satisfactory to the Building Official,every four(4)years.Any inspection of an individual sewage treatment system (septic system) must be completed by a certified MPCA Compliance Inspector. Septic systems shall be evaluated in accordance with the performance standards in Minnesota Rules 7080 and as may be amended from time to time. The Building Official may permit deferral of the connection deadline for a period not to exceed ten (10) years, or such shorter time as is determined to be appropriate based on the Compliance Inspection Report. . During the deferral period, the Building Of�icial may require completion of additional inspections as conditions warrant, and the deferral may be revoked if such inspection is not completed or demonstrates non-compliance with current state and local standards. In the event a deferral is permitted,the property owner shall pay a one-time utility availability fee of$1,000.00 which shall be in addition to any other fees or charges payable at the time the connection is completed.(Amended,Ord. 09-08)