HomeMy WebLinkAbout10B - Connection of Scott County PW Facility to PL SanitarySewer System
MEETING DATE:
AGENDA #:
PREPARED BY:
PRESENTER:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
September 7,2010
10B
Steve Albrecht, Director of Public Works
Steve Albrecht
Consider Approval of a Resolution Approving an Agreement for
Connection of the Scott County Public Works Facility to the City of
Prior Lake Sanitary Sewer System
Introduction
The purpose of this agenda is to authorize the Mayor and City Manager to
execute an agreement with Scott County for the connection of the existing
Scott County Public Works Facility to the City of Prior Lake Sanitary Sewer
System.
Historv
The Scott County Public Works Facility is located west of the intersection of
CR 17 and TH 282/TH 13. The Facility utilizes a septic system that is
approximately 22 years old. This system has a very limited capacity and
can't meet the daily needs of the facility. Expansion of the septic system is
not possible due to site soils and surrounding wetlands.
In order to continue to utilize this facility and potentially expand it, it is
necessary for the County to connect to the City's sanitary sewer system.
This area is in the 2010 Annexation Area, however the slow-down in
development and delay of future road projects most likely make it very
unlikely sewer will be extended to this area in the next 10 years.
The City trunk sewer designated to serve the annexation area is only
operational to the Sakuma property located south of CR 82 at the
intersection with Mystic Lake Boulevard (see attached exhibit). Several
significant county road and developer projects will need to occur before this
sewer is available to the Public Works Facility. Currently the City's existing
CR 12 sanitary sewer system has limited capacity for platted City lots and
existing homes west of CR 17 within the Township and City Annexation
Area.
Currently there is about 11,000 gpd (gallons per day) of unallocated
capacity remaining in the existing sanitary sewer system. The County
agreement would limit their discharge to a maximum of 5,000 gpd. The
remaining 6,000 gpd would either be committed to the Sunrise View
(Sunset Avenue) or the Autumn Acres (165th Street East) existing
developments. The Autumn Acres development was completed in
1999/2000 and the lot areas are typically 2.5 acres in size or greater
meaning that the existing septic systems are all 10 years old or less and
the lots are most likely large enough to support new systems. The Sunrise
R:\Collncil\2010 Agenda Reports\09 07 10\Scott County Sewer Agreerment Agenda.doc
View lots are all very small and located directly on Spring Lake. Currently
several homes have failing systems and are on holding tanks.
Current Circumstances
The County has studied alternatives to relocating their facility and
extension of a County owned forcemain along CR 17 to Belmont Avenue
(two miles) where City sanitary sewer is currently stubbed. Based on that
study, the total costs of extending a forcemain are estimated to be less
than $400,000. This cost is significantly less than the cost of abandoning
the facility and relocating Public Works.
City of Prior Lake staff believes that working with the County to maintain
the Public Works Facility in its current location has many benefits to Prior
Lake residents and all taxpayers:
1. Maximizes the use of existing capital facilities for both the City and
County.
2. Maintains the County facility in Prior Lake's 2030 Annexation Area.
a. Decreases maintenance response time to City residents.
b. Preserves opportunities for joint City/County facilities in the
future.
3. Protects property, which will one day become part of the City, from
pollution issues.
Based on the above, the City of Prior Lake and Scott County have drafted
an agreement to allow for the connection. This agreement is very similar to
the agreement the City has with Spring Lake Township for the Vergus
Area. City staff has also met with the Spring Lake Township Board on this
issue. They are supportive of the connection as long as the City is willing
to discuss the potential for connection of the Sunrise View (Sunset Avenue)
area as part of revisiting the 2003 Orderly Annexation Agreement planned
for later this year. Connection by the County does not preclude the City
Council from considering this request as part of discussions with the
Township.
Conclusion
City staff believes that the connection and agreement are in the best
interest of Scott County and City of Prior Lake taxpayers.
ISSUES:
The City's existing CR 12 Sanitary Sewer System has a limited capacity to
service existing homes and facilities in the 2030 Annexation Area. The
City will not be able to serve all existing homes/facilities without extension
of the CR 82 trunk sanitary sewer to this area in the future.
It is not feasible to connect the County facility to the City's water system at
this time. The agreement requires connection to the water system and
payment of the associated fees at such time it is available to the County in
the future. Abandonment of the forcemain system and connection of the
sanitary sewer to the future City system is also required in the future at the
County's sole expense.
FINANCIAL
IMPACT:
All costs associated with this connection are being paid by Scott County.
A limited amount of staff time associated with the agreement preparation
and execution will not be reimbursed. In addition to construction costs the
County will reimburse the City $49,500 in City SAC, connection and trunk
R:\Council\2010 Agenda Reports\09 07 10\Scott County Sewer Agreerment Agenda.doc
2
sewer fees. The County will also pay $33,600 in Metropolitan Council SAC
fees for the connection.
The connection will benefit Prior Lake taxpayers by decreasing County
costs associated with maintaining the existing facility. Currently the
remaining sanitary sewer capacity is not being utilized and therefore not
generating revenues. At full flow this connection will generate an estimated
$2,500 per year in additional City sewer revenues with no additional
maintenance costs.
ALTERNATIVES: The alternatives are as follows:
1. Approve a resolution authorizing the Mayor and City Manager to
execute an Agreement with Scott County for Connection of the Public
Works Facility to the City of Prior Lake Sanitary Sewer System.
2. Table this agenda item for a specific reason.
3. Deny this agenda item for a specific reason and provide staff with
direction.
RECOMMENDED Alternative 1.
MOTION:
R:\CoLlncil\2010 Agenda Reports\09 07 10\Scott County Sewer Agreerment Agenda.doc
3
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 10-xxx
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT
WITH SCOTT COUNTY FOR THE CONNECTION OF THE PUBLIC WORKS FACILITY TO THE CITY OF
PRIOR LAKE SANITARY SEWER SYSTEM
Motion By:
Second By:
WHEREAS,
The Scott County Public Works Facility septic system is 22 years old and is currently at
capacity; and
WHEREAS,
The most cost effective option for Scott County taxpayers is to connect to the City of Prior
Lake's sanitary sewer system to allow the facility to continue to be utilized; and
WHEREAS,
The connection is consistent with the City's 2030 Comprehensive Plan; and
WHEREAS,
All costs and fees associated with the connection will be paid by Scott County.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are authorized to execute an agreement with Scott County for the
connection of the Public Works Facility to the City's Sanitary Sewer System.
PASSED AND ADOPTED THIS 7th DAY OF SEPTEMBER, 2010.
YES
NO
I Myser
I Erickson
I HedberQ
I Keeney
I Millar
Myser
Erickson
HedberQ
Keeney
Millar
Frank Boyles, City Manager
R\Council\2010 Agenda Reports\09 07 10\Scott County Sewer Agreement Resolution,doc
Public Works Sanitary Sewer Connection
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This drawing Is neIther a legally recorded map nor a survey and is not
intended to be used as one, This drawing is a compilation of records,
Information, and data located In varlous city, county, and stale offices, and
other sources affecting the area shown. and is to be used for reference
purposes only. Scott County Is not responsible for any Inaccuracies herein
Icontained. If discrepancies are found, please contact the Scott County
Surveyors Office.
Map Scale
1 inch = 2341 feet
Map Date
8/30/2010
W+E
S
~".,
(Scott;
County Project No.
City Project No. 10-0] 9.
City of Prior Lake
County of Scott
SCOTT COUNTY PUBLIC WORKS FACILITY
SEWER CONSTRUCTION AND CONNECTION
AGREEMENT
THIS AGREEMENT, made and entered into this
day of
.20_, by and between
the County of Scott, a body politic and corporate under the laws ofthe State of Minnesota, hereinafter referred
to as the "County" and the City of Prior Lake, a body politic and corporate under the laws of the State of
Minnesota, hereinafter referred to as the "City",
RECITALS:
A. The County and the City seek to cooperate to provide sewer service for the County Public Works
Facility located at 600 Country Trail E. (hereinafter referred to as the "Facility") shown on the
County's Construction plans which include lift station and forcemain construction and other related
improvements (hereinafter referred to as the "Project").
B. The Project will serve a Facility that has a failing septic system with very limited options for service
on-site.
C. The Project lies within an Orderly Annexation Area designated in an Orderly Annexation Agreement
adopted and approved by the Township of Spring Lake and the City of Prior Lake on the 14th of
August 2003 and the 21 sl of July 2003 respectively.
D. The connection of the Facility to City sanitary sewer will eliminate a health and use issue while saving
the taxpayers of Scott County money by allowing the Facility to continue to be used.
E. The Connection of sewer to the City's sanitary sewer system is not intended to encourage or facilitate
new development outside of the Facility property; therefore, the City and County have agreed to limit
the capacity ofthe connection.
NOW, THEREFORE, IT IS HEREBY AGREED:
I. Definitions
a. City shall mean the City of Prior Lake, Minnesota, a Minnesota municipal corporation.
b. Townshio shall mean the Township of Spring Lake, Scott County, Minnesota.
c. Countv shall mean Scott County, Minnesota, a Minnesota municipal corporation.
d. Facilitv shall mean the Scott County Public Works Facility located at 600 Country Trail E.
Jordan, MN.
County Project No.
City Project No. 10-0] 9.
City of Prior Lake
County of Scott
e. Proiect shall mean the construction of a County owned and operated lift station and forcemain to
convey sewage from the Facility to the City sanitary sewer manhole located at the intersection of
CR 17 and Belmont Avenue in the City.
f. Connection shall mean all work associated with connecting the County's forcemain to the City's
sanitary sewer system.
g. Metrooolitan Council shall mean the agency created by Minnesota Statutes 473.123.
h. Parties shall mean the City of Prior Lake and Scott County.
2. Purpose. The Parties desire to provide an environmentally and cost effective solution to the septic system
problems at the Facility to ensure future use. Without a viable long term solution for providing and
managing the sanitary sewer service needs at the Facility, its use may be discontinued or greatly
limited in the future. Connection of the Facility to the City's sanitary sewer system is the most cost
effective long term option for the taxpayers of Scott County. The Parties desire to enter into this
Agreement whereby the City will provide the County with limited sanitary sewer capacity in order to
serve the Facility, which has a failing septic system. Connection of the Facility to the City's sanitary
sewer is consistent with the City's 2030 Comprehensive Plan. The capacity of the Project will be
controlled by limiting the size of the lift station and forcemain.
3. Fees. As consideration for permitting the County to connect the Facility to the City's sanitary sewer
system, the County shall pay the following fees based on the City Fee Schedule in effect at the time of
payment:
a. Citv Fees.
City SAC (Service Availability Charge): $600.001 SAC Unit * 16 SAC Units: $ 9,600.00
City Sewer Connection Charge: $ 9,000.00
City Trunk Sewer Charge: $3,040/acre * 10 net acres: $30,400.00
City Engineering Inspection Fee: $500.00
Total City Fees $49,500.00
b. Metrooolitan Council SAC (Service A vailabilitv Charlze). In addition to the City fees set out
above, the County shall pay to the City of Prior Lake the Metropolitan Council SAC fees as
2
County Project No.
City Project No. 10-019.
City of Prior Lake
County of Scott
determined by the Metropolitan Council (MCES Determination 8/17/1 0 Exhibit A.) at the rate in
effect at the time of payment:
Metropolitan Council SAC: $2,100/SAC Unit *16 SAC Units = $33,600,00
A copy ofthe Facility Plans submitted to the Metropolitan Council for SAC determination shall be
provided to the City at the time offee payment.
c. Rates. The rates shown above reflect the 20 I 0 City Fee Schedule and the 2010 MCES Fee
Schedule. Actual fees will be based on the rates in effect at the time of payment.
d. Pavment of Fees Reauired. All fees set forth in this Paragraph 3 for the Facility shall be paid by
the County to the City within 30 days of execution ofthis Agreement.
e. Usm!:e Fees. County shall pay usage fees as set out in Paragraph 13, subd. e., herein.
f. Future SAC Fees. Any expansion or major modification of the existing facility will require the
County to obtain an updated Metropolitan Council SAC determination. If additional SAC units
are determined to be needed, the County shall be required make payment to the City for both the
Metropolitan Council SAC and City of Prior Lake SAC. Payment shall be made to the City
within 30 days of the completion ofthe remodeling or expansion. Actual fees will be based on the
rates in effect at the time of payment.
g. Future Trunk Fees. If the County acquires additional property adjacent to the Facility after the
date of this agreement that property shall be subject to City Sewer Trunk Fees at such time it is
developed and connected to the City Sanitary Sewer System.
4. Preliminarv DesiQn. The preliminary design of the Project shall be in substantial accord with the design
outlined in the Feasibility Report of Bolton & Menk, Inc. prepared by Seth Peterson dated October 2,
2008. A copy of the Feasibility Study is attached hereto and incorporated by reference herein as
Exhibit B. The County shall also, as part of final design, make any modifications that will permit
future upgrade or utilization of the forcemain between CR 12 and Belmont Avenue by the Township.
5. Plans and S!Jecifications. Prior to the commencement of construction of the Project, it shall be the
obligation of the County to provide the City plans and specifications for the Project prepared by a
professional engineer licensed by the State of Minnesota. The connection to the City's system shall
be in accordance with the requirements of the City Public Works Design Manual, incorporated by
3
County Project No.
City Project No. 10-019.
City of Prior Lake
County of Scott
reference herein. The City shall have the right to review and approve the plans and specifications
pertaining to the connection of the Project to the City's sanitary sewer system, said comments to be
received within fifteen (15) business days after submission of a complete set of the plans and
specifications to the City. The plans and specifications shall also be submitted by the County to the
Metropolitan Council and Minnesota Pollution Control Agency.
6. Necessary Ap!)fovals and Rights-of-Way. Prior to the commencement of construction of the Project, the
County shall have obtained all necessary construction easements and other necessary approvals for
right-of-way from persons and entities owning land or rights in land across which the Project will be
constructed.
Prior to construction of the Project, the County will apply for, satisfY and receive all approvals,
conditions and permits required by the Metropolitan Council and Minnesota Pollution Control
Agency. A copy of the Sewer Extension Permit shall also be forwarded to the Metropolitan Council.
7. Inspection During Construction. It shall be the obligation of the County to provide for full-time
construction inspection/observation and testing during connection of the Project to the City sanitary
sewer system. The construction inspection and testing shall be provided by qualified utility inspection
personnel under the direction of a professional engineer licensed in the State of Minnesota in order to
ensure the Connection comports with the plans and specifications described in Paragraph 5. The
County shall update the City weekly during construction and allow the City to visit the Project as
necessary to ensure compliance with this Agreement.
8. Costs. The costs of all aspects of design, construction and construction inspection/observation and testing
shall be borne solely by the County.
9. As-Built Drawings. Within (3) months of completion of the Project, the County shall provide as-built
drawings of the Connection, certified by a professional engineer licensed in the State of Minnesota, to
the City. The County shall also submit a copy of these as-built drawings in electronic format
compatible with the City's current design software. If the as-built drawings indicate the Connection
4
County Project No.
City Project No. 10-019.
City of Prior Lake
County of Scott
was constructed substantially in conformance with the approved plans and specifications and all
modifications thereof, it shall be approved. The County is responsible for any corrections required to
bring the Connection into substantial conformance with the plans and specifications.
1 O. Cit~ Sanitar~ Sewer S~stem Limitations and Maximum Flow Permissible. Until gravity sewer is
extended to the Public Works Facility the capacity for County use will be limited to 5,000 gallons per
day.
11. Future Assessments. In exchange for the fees paid in Paragraph 3 the County shall not have additional
fees or assessments related to sanitar~ sewer charged when the planned gravity system is installed
unless the facility is remodeled or expanded as detailed in Paragraph 3.f. and 3.g. The County will
remain responsible for all costs associated with connecting to the sanitary sewer system and
abandoning the lift station and forcemain as required.
12. Ownershio of the Facilitv. Upon completion of the Project the County shall retain all right, title and
interest to all portions of the Project. At such time the County's forcemain is intercepted at a
different location than Belmont Avenue by City sanitary sewer facilities, the ownership of the portion
ofthe Project downstream shall transfer to the City.
13. Use. Monitorin!l and Maintenance of the Facilitv. The Parties agree that the following actions are
necessary to monitor and maintain the Connection and its use:
a. Prior Lake Cit~ Code. Any future amendments to the Prior Lake City Code relating in any
manner to sanitary sewer which apply to City residents shall apply to the County Facility. The
City shall provide the County Facilities Manager with notice of any such Code provisions.
b. Sum!, Pum!'s. No roof runoff, sump pump, subsurface or surface water drainage shall be
connected to the sanitary sewer.
c. Access for Inspections. The County will grant access at reasonable times and upon reasonable
notice from the City and the Metropolitan Council to its sanitary sewer in order to permit the City
and Metropolitan Council to verifY that all flows, City Charges and the SAC charges paid by the
County are accurate.
5
County Project No.
City Project No. 10-019.
City of Prior Lake
County of Scott
d. Flow Measurement. The County's lift station shall include adequate flow measurement meters to
determine the amount of flow produced by the Facility. The County shall report these flow
measurements by the end of each month to the City for monitoring and billing purposes. The City
will audit the flows bi-annually to ensure accuracy.
e. Pavrnent. The City shall individually bill the County based on the flow reported at the prevailing
City sanitary sewer, MCES sewer and capital facility charge rates in effect at the time. The City
currently provides bi-monthly billing, but reserves the right to change the billing schedule at the
City's discretion. Payment shall be made promptly in accordance with City billing procedures.
f. Maintenance. The County shall be responsible for all maintenance subject to Paragraph II.
14. Service. The City shall provide regular and uninterrupted servIce except for periods of regular
maintenance and except for events not within its control including but not limited to, equipment
failure, flood, natural disasters, or other natural events beyond the control ofthe City, which includes
actions by the Metropolitan Council. It is understood by the Parties, however, that the City retains
the right to shut off service in accordance with its policy in emergency cases.
IS. Notice. Notice provided under this Agreement shall be in writing, signed by the officers signatory to this
Agreement or their successors and shall be sent by Certified Mail, Return Receipt Requested, to the
Parties at the following addresses:
a. To the County:
Scott County
200 Fourth Avenue West
Shakopee, MN 55379
Attn. Facilities Manager
b. To the City:
4646 Dakota Street
Prior Lake, MN 55372
Attn. City Manager
16. Hold Harmless and Indemnification. All parties to this Agreement recognize each other as a political
subdivision of the State of Minnesota. Each party mutually agrees to indemnifY, defend and hold
6
County Project No.
City Project No. 10-019.
City of Prior Lake
County of Scott
harmless the other from any claims, losses, costs, expenses or damages resulting from the acts or
omissions of the respective officers, agents, or employees relating to activities conducted by either
party under this agreement. As a political subdivision of the State of Minnesota, Scott County and
the City of Prior Lake enjoy the protection of limitations on liability set out in Minnesota Statute
Section 466. This Agreement shall not be construed to expand the City and County's individual
liability by attempting to aggregate the liability protections of both parties.
17. Jurisdiction. This Agreement shall be governed by the laws ofthe State of Minnesota.
18. Successors and Assilms. The rights, privileges and obligations of the Parties under this Agreement are
intended to and shall remain in full force and effect and shall bind any successor agencies or entities to
which the authorities and obligations of the Parties may be assigned by law.
19. Effective Date. The Agreement shall be effective upon all of the following having taken place: (a) this
Agreement having been approved by Resolution of the County Board and by Resolution of the City
Council and (b) this Agreement having been signed by all of the officers designated as signatories
below.
20. Material Provision. Unless otherwise specifically provided within a specific paragraph of this Agreement,
every term provision, covenant and provision shall be construed as a "material provision".
21. Recording:. This Agreement shall be recorded by the County against the property where the Facility is
located.
22. Duolicate Orig:inals. This Agreement may be executed in any number of counterparts, each of which shall
be deemed to be an original, but all of which shall constitute one and the same instrument.
7
County Project No.
City Project No. 10-019.
City of Prior Lake
County of Scott
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed
by their respective duly authorized officers as ofthe day and year first above written.
CITY OF PRIOR LAKE
(SEAL)
By
Mike Myser, Mayor
And
Frank Boyles, City Manager
Date
Date
COUNTY OF SCOTT
ATTEST:
By
Gary Shelton, County Administrator
By
Barbara Marschall, Chair of Its County Board
Date
Date
Upon proper execution, this agreement
will be legally valid and binding.
RECOMMEND FOR APPROVAL:
By
Pat Ciliberto, County Attorney
By
Gary Shelton, County Administrator
Date
Date
ArrI<OVED AS TO EXECUTION:
By
Pat Ciliberto, County Attorney
Date
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