HomeMy WebLinkAbout9A - SPL/PL Sanitary Sewer
DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
FEBRUARY 22, 2000
9A
SUE MCDERMOTT, ASSISTANT CITY ENGINEER
BUD OSMUNDSON, PUBLIC WORKS DIRECTOR/CITY
ENGINEER
CONSIDER APPROVAL OF RESOLUTION OQ-XX APPROVING
ADDENDUM NO. 1 TO THE SPRING LAKE TOWNSHIP/CITY OF
PRIOR LAKE CONSTRUCTION AND MAINTENANCE
AGREEMENT FOR SANITARY SEWER AND WATER
HISTORY
A sewer and water construction and maintenance agreement
between Spring lake Township and the City of Prior lake was
approved at a special council meeting held on June 1, 1998. This
agreement authorized extension of City sewer and water service
outside of the City limits to eliminate pollution of Spring Lake by
private sewer systems. Construction of the sanitary sewer and
water has been substantially completed.
CURRENT CIRCUMSTANCES
An addendum to the original agreement is proposed to address
several issues identified by both city and township staff. The
addendum, which is attached to this report, was approved by the
township board at their January 13, 2000, meeting.
ISSUES
The addendum addresses the following issues:
1. Prior Lake City Code: The original agreement required the
township to adopt the Prior Lake City Code which requires
residents to connect to water and sewer within one (1) year of
availability. The amendment would comply with the ordinance
which was adopted by the Township which provides a two (2) year
time frame in which the residents must connect and provides for
162QQ~~reek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
[
SOSHADD.DOC
additional deferral if the property owner can annually demonstrate
a non-failing septic system.
2. Partial Connections: Although City Code does not allow for
partial connections, the addendum provides for three specific
partial connections. Each of the three properties' private water
supply or septic systems were impacted by the water and sewer
construction leaving them nonfunctional. The addendum outlines
payment procedures and requires a full connection to both water
and sewer within a two (2) year time frame.
3. Flow Meter: The original agreement required the Township to
install and maintain one (1) flow meter on the water main
connection which the Township was to read and provide the usage
to the City on a routine basis for billing purposes as well as meters
in each house. Due to City staffs concerns regarding the flow
meter specification, the City requested that the individual meters be
installed and read at each residence. The Township will be
responsible for reading the meters through subcontract. The City
will invoice Spring Lake Township for the cumulative total of these
meter readings.
4. Payment of Fees to City: > This section was revised to reflect the
meters at individual residences versus the single meter that was
originally proposed.
5. Estimated Usage: This section of the agreement was amended to
reflect the meters at individual residences.
6. Definition of Routine Maintenance: The original agreement
required the City to provide routine maintenance for the Township's
sewer and water system. This section was added to clearly define
what is included in routine maintenance: biannual jetting and
flushing, watermain and sewer main repairs within the road right of
way and/or permanent utility easements (exclusive of street
restoration), and routine maintenance of the lift station pumps and
controls.
7. City Connection to Township Sanitary Sewer System: This
section has been added at the request of the City. There is
currently a lift station within the City limits that could be eliminated
by extending the Township sanitary sewer into the City limits. By
doing this work, the five lots that are currently served by the lift
station could be served by gravity sewer and the lift station
removed. The estimated cost to do the work is $50,000. We are
SOSHADD.DOC
not proposing that this work be done now; this amendment only
allows us the opportunity to do it after more investigation is
complete. The City will have to weigh the costs to eliminate the lift
station versus its ongoing maintenance costs.
8. Future Addition of SCADA System: This section has been
added to address the addition of SCADA to the two lift stations that
were installed as a part of the Township project. The SCADA
system allows the City staff to remotely monitor the lift stations.
9. Exhibit "E": This exhibit was added to address the timeframe the
township residents have to connect to the public sewer facilities
and conditions under which existing septic systems can be
maintained.
CONCLUSION
By approving the addendum, the outstanding issues that were not
sufficiently addressed in the original agreement are resolved.
Benefits to the City are as follows: 1) more accurate meter
readings by installing individual meters at each residence; 2) a
more concise definition of maintenance will potentially reduce the
City's costs for any main repairs or lift station renovations; 3) allows
the City to eliminate a lift station by connecting to the Township's
system; 4) addresses installation of SCADA to remotely monitor the
lift stations installed by the Township.
FINANCIAL IMPACT: Amendments #3, #7, and #8 have financial
implications. The elimination of the flow meter (amendment #3)
means an approximate $10,000 savings for the Township.
However, the Township has made the residents install individual
meters at their own cost to account for the water and sewer usage.
Amendment #7 will only cost the City if the construction work is
completed. This issue will be brought back to the City Council after
further investigation.
Amendment #8 will only have a cost if the SCADA system is
installed at the two lift stations. The Township is responsible for
one and the City the other. Trunk fees pay for these installations.
The SCADA system will reduce the necessity for City inspection
visits to confirm satisfactory equipment operation.
11"
T
ALTERNATIVES: The alternatives are as follows:
1. Approve Resolution OO-XX approving Addendum No. 1 to the
Spring Lake Township/City of Prior Lake Construction and
Maintenance agreement for Sanitary Sewer and Water and
authorizing the Mayor and City Manager to sign the addendum.
2. Amend and approve Resolution OO-XX.
3. Deny this Agenda item for a specific reason and provide staff with
direction.
RECOMMENDED
MOTION:
Motion and second to adopt Resolution OO-XX approving
Addendum NO.1 to the Spring Lake Township/City of Prior Lake
Construction and Maintenance agreement and authorizing the
Mayor and City Manager to sign the agreement.
REVIEWED BY:
REVIEWED BY:
SOSHADD.DOC
RESOLUTION oo~ 13
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE ADDENDUM NO.1 TO THE
SPRING LAKE TOWNSHIP/CITY OF PRIOR LAKE CONSTRUCTION AND MAINTENANCE
AGREEMENT FOR SANITARY SEWER AND WATER
MOTION BY:
ps
SECOND BY:
Jt-
WHEREAS, on June 1, 1998, the City of Prior Lake and Spring Lake Township entered into an
agreement for construction and maintenance of sanitary sewer and water; and
WHEREAS, Spring Lake Township approved attached Addendum No.1 to the agreement at their
January 13, 2000 meeting;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA:
that the City of Prior Lake enter into Addendum NO.1 to the Spring Lake Township/City of Prior Lake
Construction and Maintenance Agreement for Sanitary Sewer and Water in accordance with the
terms and conditions set forth and contained in the addendum, a copy of which was before the
Council.
BE IT FURTHER RESOLVED that the Mayor and City Manager are authorized to execute such
addendum on behalf of the City.
Passed and adopted this 22nd day of February, 2000.
Mader \ I Mader
Ericson \ Ericson
Gundlach Gundlach
Petersen I \ Petersen
Schenck / I Schenck
YES
NO
Frank Boyles, City Manager
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
SOSHADD.DOC AN EQUAL OPPORTUNITY EMPLOYER
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"
ADDENDUM NO.1
TO THE
SPRING LAKE TOWNSHIP/CITY OF PRIOR LAKE
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SANITARY SEWER AND WATER
This Addendum No. 1 amends an agreement between the City ofPrlor Lake and Spring Lake
Township dated June 1; 1998, titled Construction and Maintenance Agreement for Sanitary Sewer.
and Water C'the Agreement"). All provisions of the Agreement remain in full force and effect Wlless
amended or changed pursuant to this Addendum.
Section 1.
(Section 17.1 of the Agreement, Paragraph 2 of the Agreement is amended to read as
follows:)
Prior Lake City Code: The ordinance to be adopted by the Township shall incorporate the
provisions from the Prior Lake City Code as may be amended from time to time attached hereto as
Exhibit "C", with the exceJ1tion of connection to public sewers which shall be in accordance with
Township Ordinance 99-3, Section 1, Article m, t'Required Use of Public Sewers" attached hereto as
Exhibit e'En. Anv future amendments to the Prior Lake City Code relatinsz to sanitary sewer or water
which apply to City residents shall also aooly to Township residents. exc~t those provisions which
are in conflict with Township Ordinance 99-3 provisions which deal with Section 1. Article III.
"Required Use of Public Sewers", The City shall provide the Township Clerk with a copy of any
changes to City Code provisions. The Township shall provide to all Township residents served by
the Facility with a copy of all changes to the City Code provisions. The Township shall be
responsible for enforcement of said City Code provisions for its residents connected to the Facility.
Failure by the Township to enforee applicable City Code provisions shall be considered a breach of
this Agreement.
Section 2. The Agreement is amended to add Section J 7. J. J as follows:
PartialConnections: Only those properties listed below whose private water supply or
sanitary sewer septic systems will be/are impacted by the municipal water and sanitary sewer system
construction, thereby leaving a nonfunctional system. shall be permitted to partially hookup (water
or sewer only) to either the municipal water or sanitary sewer system. In an event of a partial
hookup, determination of sewer and water user charges shall be based upon current Township and
City of Prior Lake Codes and Ordinances. Payment of City and Metropolitan COWlcit connection
fees shall be paid in full at the time that a partial connection is made. The Township shall be
responsible for collecting any unpaid connection fees from Township residents.
F:IWPWIJoNOO6.IIICOllSl-INllnl'.I!1.odd I.wpd
Allowable Partial Conneetions:
1. 2610 South Shore Drive -
2. 2750 South Shore Drive -
3. 2840 South Shore Drive -
connected to water
connected. to sanitary sewer
conneoted to sanitary sewer
Any partial connection shall become a full connection (both water and sanitary sewer) within two (2)
years from the date municipal sanitary sewer and water service become available to the property.
Section 3. Section J 7.4 of the Agreement is amended to read as follows:
17.4 Metering. The Township agrees to require the installation of water meters at each
individual resident's connection to the system. Said meters will be read by the Township on a
routine basis during the first ten (10) days following the City's billing statement date (i.e.
February I. April 1, June 1. October I, and December 1 billing oydes) by representatives of the
Township, and these readings shall be forwarded on to the City for proper billing. The Township
shall be responsible for the cost of the touch pad meter device and meter readings. The Township
residents cOJUlecting to the system shall be responsible for the costs of acquisition, installation) and
maintenance of the individual residential water meters. The meters shall be purchased from the City
of Prior Lake at the rate prevailing within the City of Prior Lake.
Section 4. Section 17.4.1 "Payment of Fees to City" is amended to read as/allows:
17.4.1 Pavment of Fees to City. The City shall bill the Township based on the flow
reported to the City by the Township at the prevailing City sanitary sewer. water, and capital facility
charge rates in effect at that time. The City will provide to the Township a bi-monthly billing, which
will include an itemized statement by individual address for both sanitary sewer and water. The
Township shall be responsible for implementing a method to bill and collect fees from individual
properties connected to the facilities within the Township. Payment to the City shall be prompt and
not be dependent on the Township collecting fees from individual properties connected to the
facilities.
Section S. Section 17.4.1 41Estimated Usage Permitted" shall be amended to read as follows:
17.4.2 Estimated Usa~e Permitted. During periods when individual metering devices are
not operating, the flow to an individual residence shall be estimated based upon the average prior
usage method utilized by the City at that time and applicable to all City customers.
Section 6. A new Section J7.5.1 "Definition of Routine Sewer and WaleI' System Maintenance"
shall be added to read as follows:
17.5.1 Definition of Routine Sewer and Water System Maintenance. Routine maintenance
is limited to a bi-annualjetting and flushing, watermain and sewer main repairs within the road right-
of-way and/or permanent utility easements, and routine maintenance of the lift station pumps and
controls. Backups, leaks. or any sewer or water problems within the customer's house or below their
property are the customer's responsibility. Specifically excluded from the definition of routine
maintenance is bituminous street patching caused by water or sewer main repair, which is deemed
the Township's responsibilityJ and total replacement of the lift station pumps andlor controls when
necessary, which are both the responsibility of the Township. In the case of water or sewer main
F,IWrWIJ'ol\2006.llICOMI.main.-a....o<k!l.Wpli
11 ----.-------
repair, the City will repair the roadway so that it is usable until such time as bituminous repairs can
be made by the Township.
Section 6. A new Section 30 titled "City Connection to Township Sanitary Sewer System" shall be
added to the agreement.
Section 30. City Connection to Township SanitarY Sewer SYstem. The TO'WIlship shall
allow the City to connect to the Township sanitary sewer system at the specific locations agreed
upon by the City Engineer and the designated Township Engineer in order to serve five (5)
individual residential lots located on the easterly boundary of the TO'WIlship sewer service area as set
forth on the attached Exhibit D. The City shall be 100% responsible for all costs associated with any
such connections.
Section 7. A new Section 31 "Future Addition of SCAD A System J> shall be added to the Agreement.
Section 31. Future Addition of SCADA System. The City is in the process of automating the
monitoring of the municipal water and sanitary sewer system. The City shall monitor the sanitary
sewer lift stations servicing the Township until the new SCADA System implementation plan calls
for the Township lift stations to be equipped with SCADA. The City shall be responsible for the
entire cost of the SeADA System for lift station nwnber 2 only. The Township shall have the option
of adding the SCADA System at lift station number 1 at the same time as the City installs the
SCADA System for lift station number 2 in order to participate in any savings available due to the
multiple purchase. The Township shall be solely responsible for the cost of the SCADA System
serving lift station number 1. Once the SCADA System on lift station munber 2 is operational,and
if the Township chooses not to immediately install the SCADA System at lift station number I, the
Township shall then have the option of either entering into a hold hannless agreement with the City
and hiring the personnel necessary to provide proper monitoring of lift station DtJ.n1.ber 1 for the life
of the agreement, or until a City-approved SCADA System is installed to monitor the operation of
lift station number 1.
Section 8. Unless otherwise provided herein, it shall be unlawful to construct or maintain any
private facility intended or used for the disposal of wastewater within the designated sanitary sewer
selVic:e area once connection is made to municipal sewer system.
Section 9. This Addendum has been authorized by a Resolution of the City Council and Township
Board approving this Addendum and authorizing their respective officials to execute this Addendum.
City of Prior Lake
Township Board
By
It's City Manager
By
It's Mayor
f:IWPWll'lllllQ6,11ICon".moin,.all'..ddl,WP
Approved as to Form and Execution
City Attorney
Township Attorney
..
P:IWPw)IoII2~ '1ICCllIl-....lnl..'r-tddI."'fl'l
11'
90 . d ll.:H01
EXHIBIT "E"
Section 1.
All existing individual sewage treatment systems within the designated sanitary sewer service area
shall connect to publio sewer faoilities within two (2) years of availability~ unless connection is
further deferred as set forth in this ordinance or adopted Township assessment policy.
Section 2.
The Town Board~ at its discretion~ shall conduct periodic inspections to determine that property
served by public sewer facilities ("Owners") are in compliance with the connection provisions
contained within this Ordinance and the Agreement with the City. The Town Board shall provide
written notice to the Owners in the event that any failure to connect or unauthorized connection is
identified by the Township pursuant to c:ompli~ce inspection~ or in the event the Town Board
determines that an imminent threat to public health or safety as defmed in Minn. Rule 7080.0020.
Subp. 19a exists.
Section 3.
Within 30 days receipt of the notice provided for in Section 2~ the owner may present to the Town
Board of Supervisors evidence that the system is not failing, or demonstrate that the cause of the
failure is minor and easily repairable and can be remedied with an expenditure of funds ofless than
$1,000,00. Based upon the evidence received, the Town Board ofSupemsors may, using Scott
County and State criteria, determine that the Owner's system need not hookup to public sewer
service at the time provided for in Section 1 because the Owner's system is not failing or because
adequate repair can be made for less than $l~OOO.OO.
Section 4,
Within 120 days of receiving notification from the Township Board of Supervisors of a failing
system as defined in Minn. Rules 7080.0020, Subp 16a, the Owners of any such system whose
property lies within a designated sanitary sewer system service area, and within 300 feet of a sanitary
sewer collection system shall install a service connection upon receipt of a permit at Owner's sole
expense in accordance with the provisioDB of this Ordinance, provided that the total number of
connections does not exceed the maximum number set forth in an agreement between toe City of
Prior Lake and Spring Lake Township dated June I, 1999, titled "Construction and Maintenance
Agreement for Sanitary Sewer and Water" (the f'Agreement").
Section 5.
In the event an Owner shall fail to connect to a public sewer in compliance with a notice of
provisions provided for in this Ordinance, the Town Board will have said connection made and shall
assess the costs of the connection, as well as any additional costs incurred by the Township or fees
required to be paid pursuant to the Sewer and Water Agreement between the City and the Township,
against the benefitted property.
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IaJ 020
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SANITARY SEWER AND WATER
. Tms AGREEMENT is entered into this \ ~ day of :r ~ ) 1998 by and between the
Spring Lake Township, a political subdivision of the State of Minnesota (hereinafter "Township ") and
the City of Prior .Lake.. a municipal corporation (hereinafter "City") for the constIUction and
maintenance of a sanitary sewer and waier facility to serve certain areas in the vicinity of Spring Lake,
Seott County. Minnesota, and provides as follciws: .
RECITALS
WHEREAS. a Petition to Incorporate Spring La)cc Township was fIled with the Minnesota Municipal
Board (hereinafter the "MMBt') by citizens of Spring Lake Township on May 15, 1997;
and
WHEREAS, the Petition for Incorporation of the TOWDShip was denied by the MMB on July 8, 1997.
as set forth in the Order of the MMB dated October 16. 1997; and, .
,
WHEREAS, as a part of the proceedings bdore the MMB. on July 8th. 1997. the MMB took
jurisdiction over approximately 80 acres along the South Shore of Spring Lake depicted'
in Exhibit A. attached hereto and incoxporated herein. .and .I.egally dcscn'bed below as: .
An that portionofpovernment Lot 3 and Gover:nrnent Lot 4, Section 9 Township
114 Range 22, lying north and west of the northerly right-of-way of State of
Minnesota Trunk Highway 13. aka Langford Blvd:.. aka Track F. R.L.S. 27. All
plats and subdivisions of record and also those subdivisions and plats which ate
not of record. . Including that P/O GOVErnment Lot 3 Lying W of Lot 11, Pautz
2nd & .1A iti. Lots 2 &3. EXCEPT THAT P/O Government Lot 3 & com IIlost
westerly corner of Tract F, RLS #27. NE 429.25'. NW 672.25', SW toSW
Comer of Government Lot 3. E along S line to POB, approx 11.72 ac.; all'as
records of the County Recorder of Scott County Minnesota. .
and did initiate, by its own action, a proceeding to annex the area legally descnDed above
into the City; and,
WIttREAS, due to the high percentage of failing and non-compliant on-site systems in the area of
South Shore Drive. the Minnesota Pollution Control Agency bas recommended that waste
water treatment be provided through the City at the Metropolitan Council's Blue Lake
Regional Wastewater Treatment Facility in Shakopee; and
WHEREAS, the MMB has required the City. the Township and property owners along South Shore
Drive to Meet and Confer on three occasions. with the intent and purpose of requiring
the parties to negotiate a resolution of the annexation issues and septic system and water
problems in the South. Shore Drive area; and, .
WBEQAS, providing munieipal services to replace the non-compliant septic systems on properties
along South Shore Drive is the environmentally responsible thing to do, and
588IlG.09 (4./29/'J8) 1
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WHEREAS, the City compiled an Annexation Task Force Report ("Report") dated April 4. 1997.
incorporated herein as Exhibit B which predicts that the areas depicted in the Repon as
7E and 7F would not be coIisidered for annexation for five (S) year time period. at which
~e the extension of sanitary sewer and water to the area would be eligible for inclusion
in the City"s CIP; and .
WHEREAS, 'the parties to this Agreement. along w~th the local Watershed Disttict; have agreed mat
correcting the sewer and water problems in tbe South Shore Drive area ultimately
benefits and protects Upper and Lower Prior Lake; and
WHEREAS. it is the City's practice to assess 100% of the cost to provide sanitary sewer and water
facilities to the benefitted properties and the City Council has expressed its opinion that
residents in the South Shore Drive area should be treated in a similar manner as City
residents are treated if the City were to build facilities to. serve South Shore Drive.
properties; and
WHEREAS, based on feasibility reports on the proposed project. the cost of the project will be less
costly i( constructed as a Township project rather than a City project because a project
in the Township would not have to meet all City design standards; .and.
WHEREAS, the Metropolitan Council has advised the City and Township that the regional service'
capacity used for provision of service to the subject area will not be deducted from
regional capacity allocated to. the City as a resulr of this Agreement; and
WHEREAS, the proposed project is intended to p~ovide an environmentally sensitive solution to an
immediate problem rather than to encourage development. therefore. the Township
Supervisors have agreed to limit the density of future development in Area 1 E & 7F
consistent with the Metropolitan Council's Regional Blueprint; and.
WHEREAS. the Township has received a petition under Minn. Stat. 429 requesting delivery of sewer
and water services to the area, anct has proceeded to order plans and specifications and
incur other costs in anticipation of construction of sewer water and road improvements
as set forth in the feasibility study; and
WHEREAS, the sanitary sewer and water facility referred to in this Agreement is intended to serve,
to the extent Connection Units are available, the service area depicted in Figure 3 of
Exhibit C. .
Now, TaE~FORE. in consideration of the mutual promises and covenants set forth herein. and for such
good and valuable consideration. the sufficiency of which is not disputed, the City of Prior Lake, 'Spring
Lake Township, and the Metropolitan Council agree as follows:
1. net'mitions. As they are used in this Agreementt the following terms shall have the meaning
given to them in this Section:
City shall mean the government of the City of Prior Lake, Minnesota.
5ll806.09 (4/29/98)
2
Townshi/J shall mean the government of the Township of Spring Lake, Minnesota.
County shall mean the government of Scott County, Minnesota.
Connection Unit shall mean a residential or commercial. building connection to the
Facility system or any independent sanitary sewer and water service line that would
utilize the Facility.
Facility shall mean the sanitary sewer, including lift. stations, and water facilities to be
constructed by the Township and connected to City utilities to serve the service area
depicted as Figure 3 of Exhibit B.
Metro/JolitanCouncil shall mean the agency created by Minnesota Statutes ~473.123.
Parties shaU.mean the City of Prior Lake and Spring Lake Township.
2. Purpose. The City and Township desire to provide an environmentally sensitive and responsible
solution to the probl~m of non-compliant and failing septic systems on certain properties along
South Shore Drive in Spring Lake Township. Non-compliant septic systems are one factor
resulting in an environmental threat to Spring Lake which flows directly into Upper Prior Lake. .
Consequently, the waters of Upper and Lower Prior Lake are .threatened if contaminates from
the non-compliant septic systems pollute Spring Lake. Connecting the properties with non-
compliant or failing septic systems to municipal sewer and water will protect Spring uke,
Upper and Lower Prior Lake and preserve the property value of the homes in the area served
by the municipal facilities. .
The City and Township desire to enter into this Agreement whereby the City will provide the
TOwnship with limited sanitary sewer and water capacity. Tne Area served by the Facilities
. provided pursuant to this Agreementwi!1 be limited to maintain development densities consistent
with the Metropolitan Council's Regional Growth Strategy. This limitation will be implemented
by limiting the number of Connection Units permitted to connect to the Facility.
2.1 Recitals. The recitals set forth above are incorporated herein as if fully set forth.
2.2 Exhibits. Exhibits A and B referred to in the Recitals above are incorporated by
reference into this Agreement as if they were fully set forth herein.
3.. Fees. As part of the consideration for pennitting the Township to connect the Facility to the
City's sanitary sewer and water pipes, the Township shall pay the following City fees:
City SAC and WAC per Connection Unit;
City Water tower fees per Connection Unit;
City Sewer and Water Trunk Acreage Fees based on up to 80 Connection Unit.s
x 12,500 square feet.
3.1
Amount of Fee. The amount of the City fees shall be the same fee as that fee adopted
by the City Council and in effect citywide at the time the fee is required to be paid.
58806.11A (5/18/98)
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3.2 Metropolitan Council Reserve Capacity Charges. In addition to the City fees set out
,above. the Township ShaJ1 pay dkectly to the Metropolitan Council all Reserve Capacity
Charges hf:tbe form of Service Availability Charges ("SAC") as determined by the
Metropolitan Council.
3.3 Payment of Fees Requir:ed. AIl fees set forth in this Paragraph 3 for those connection
units utilizing the system at the date of completion shall be paid upon completion by the
Township of the construction of the Facilities and before the Facility is operational.
4. Prelimin~ Desien. The preliminary design of the Facility shall be in substantial accord with
the design outlined in the Preliminary Engineering Report of WSB & Associates. Inc. prepared
by Donald W. Sterna and dated November 14. 1997. A copy of this Preliminary Report is
incorporated by reference hereto as Exhibit C.
5. Plans and Specifications. Prior to the commencement of construction of the Facility. it shall
be the obligation of the Township to provide to the City plans and specifications for the Facility.
prepared by a professional engineer licenscdby the State of Minnesota. Such designs shall be
in accordance With me requirements of the City Public Works Design Manual. incorporated. by
reference herein. . The designs shall include a water metering facility of a type sufficient to.
perform the metering of flow required by Paragraph 17.4 of this Agreement. The City shall .
have the right to review and approve the plans and specifications for the Facility. said comments
to be received within fifteen (15) business days after submission ofa complete set of the plans
and. specifications to the City. The plans and specifications .also shall be submitted by.the
Township to the. Prior Lake/Spring Lake Watershed District. Metropolitan Council. the
Minnesota Department of Health and Minnesota Pollution Control Agency' for review and
comment.
5.1
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Engineer at least five (5) business days prior to approval by the Township.. If the City
Engineer fails to comment on the proposed change order prior to such time as the
Change Order is before the Township Board for consideration, the City shall be deemed
to have concurred in the Change Order. in which case the Change Order will be deemed
to comply with the City's Public Works Design Manual. In no event sball the City be
liable in any manner for construction delays which may occur as a result of a Change
Order or the City's response thereto.
6. Necessary ADprovals'and Ri~hts-Or-Wav. Prior to the commencement of construction ofllie
Facility. the Township shall have commenced quick take proceedings to acquire necessary right-
of-way or have obtained construction easements and other necessary approvals for right-of-way
from persons and entities owning 'land or rights in land across which the Facility will be
constructed_
Prior to connection of the Facility to the City. the Township will apply for. satisfy and receive
aU' approvals and conditions required by the Metropolitan Council; including but not limited to
an amendment to their Comprehensive Plan and a Tier 1 and Tier 2 'Comprehensive Sewer Plan.
S8S06.09 (4/2"98)
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6.1 Permits. Prior to the commencement of construction of the Facility ,the Township must
obtain and provide copies to the City of necessary permits from the Prior Lake/Spring
Lake . Watershed District; .lhe Minnesota Department of Health for watennain
extension/construction; Scott County for utility and driveway permits; and the Minnesota
Pollution 'Control Agency for sanitary sewer extension/construction. A copy of the
Minnesota . Pollution. Control Agency permit application f<;JX" sanitary sewer
extcnsionlconstroction shall also be forwarded to the Metropolitan Council.
7. Inspection During Construction. . It shall be the obligation of the Township to provide for
adequate and customaxy construction observation and testing of the Facility during its
construction by inspection personnel under the direction of a professional engineer licensed in
the State of Minnesota in order to ensure that the ~nstIUction comports with the plans and
specifications descdbed in Paragraph 5 of this Agteement.
8. ~. The cost of all aspects of the design. constrUction and construction observation and
testing of the Facility including the costs of any oversizing to serve future expansion within the
Township shall be bome by the Township. .
9. As-Built Drawin~. Within three (3) months of completion of the Facility. the Township shall .
provide As~Built Drawings) certified by a professional engineer licensed in the State of
. Minnesota. to the City and the Metropolitan Council and shall .retain a copy of the same in the
records of the Township. The Township shall also submit the As-Built Drawings in electronic
format to the City in a format compatible with the City's current software, AutoCAD Release
13. If the As-Built Designs indicate that the Facility as constrUcted is not sub.stantially in.
conformance with the City Public Works Design Manual and the approved plans and
specifications and all modifications thereof, the City shall notify the Township in writing of the
alleged . deficiencies. The Township Engineer and the City Engineer shall meet to determine
whether such lack; of conformity with the Design Manual or approved plans and specifications
is, in their professio~l opinion, substantial and whether the alleged deficiency will adversely
affect the City sanitary sewer and water systems. Minor deviations may be waived by the City.
The City will not unreasonably withhold waiving a minor deviation if the nature of the deviation
will not adversely affect the Facility and City systems. If it is determined that any
nonconformity is substantial and may, if not corrected, adversely affect the Facility or the City
system, the Township shall, after notice. promptly make the corrections to.the system to bring
it into conformity. If the Township fails after reasonable notice to make the corrections
requested by the City. the City shall have the right to disconnect the Township Facility from the
City's sanitary sewer and water pipes.
-
10. Regional Limitations as Limitations on Township-. The Township recognizes that ccrtain
regional limitations in sanitary sewer capacity exist which might impact the capacity of sanitary
sewer which shall be available for allocation to the Township in the future. As ~ch, the
number of individual connections to the Faciliry by the Township shall not exceed the number
approved by the Metropolitan Council in the Townships Comprehensive Sewer Plan or eighty
(80) COlUlection Units. whichever is smaller. Any increase in the number of Connection Units
authorized to connect to the Facility shall require an amendment to this Agreement executed in .
writing by the parties.
58806.09 (4129/98)
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CAMPBELL
raJ 025
11. Reserved CaDacitvCharges. The Township agrees to pay the Metropolitan Council reserve
capacity charges (which presendy takes the form of Service Availability Cha.rges ("SAC")), or
any statutory successor to such charges. pursuant to Metropolitan Councll regulation and policy.
Such payments will be made directly to the Metropolitan Council. .
11.1" Future Connections. All future Connection Units to the Facility shall be subject to the
payment provisions in Paragraph 3 and this Paragraph. Such payments shall be made
prior to actual" connection to the Facility.
11.2 Payment of Me tropoIi tan Council and City Fees. Before the Facility is authorized to
connect to the City~ the Township shall pay: (1) the Metropolitan Council reserved
capacity charges. at the then-prevailing rate, for the number of Connection Units
connected to the Facility and (2) the City SAC, WAC, Water Tower and Trunk acreage
charges, at the then prevailing rate, for the number of Connection Units actually
connected to the Facility.
. 12. Notice to Parties. The Township shall provide to each of the Parties to this Agreement 30
days' notice of.properties connected to, or to be connected to the Facility. The notice shall
identify the owner, address and legal description the property(ies) to be added.
13. Maximum Flow Permissible. " The Township shalf be entitled to discharge from itS sanitary
sewer flow from up to, but not more than the number of Connection Units authorized in
Paragraph 10 of this Agreement. The right to discharge sanitary sewage which the Township
: obtains under the terms of this Agreement, and the amount of capacity. which the Township has .
the right to use is obtained exclusively by the Township for use by the properties identified and
no portion. allotment, apportionment or share of.the rights so obtained by the Township may
be assigned, allocated by the Township" to any property outside of the service area depicted in
Fig'.Lre 3 of Exhibit C..
14. Re~onal Blueprint. 'I'hC Township will not request and the City will not consent to any
increase in Connection Units. above the eighty (80) provided for in this Agreement, if such an
increase would permit development densities that are inconsistent with the Metropo,itan
Council's Regional Blueprint. -
15: Ownership of the Facility. Upon completion of the Facility, the Township shall retain all right,
title and interest in and to all portions of the Facility which lie within the Township, and the
Township shall convey to the City all of the Township's right, tide and interest in and to the
portions of the Facility, if any, which lies within the City.
16. Annexation. The City agrees not to ini~iate or support annexation proceedings involving any
properties Served by the Facility for the next twenty (20) years or until all assessments have been
paid whichever period is less. Twenty (20) years is the. projected term of debt instruments
associated with the fmancing of the Facility.,
17. Use~ Monltorinr and Maintenance of the Facility. The Parties agree that the following actions
are necessaxy to monitor and maintain the Facility and its use:
17.1
Township Ordinance. Metropolitan Council Rules. The Township will adopt an
58806.09 (4/1.9/981
6
17.2
17.3
17.4
58806.1lA (5/18/98)
Ordinance which supplements and aids the enforcement of the Waste Discharge Rules of
the Metropolitan Council, but which will not preempt those Rules. It is the express
agreement of the Parties that the Waste Discharge . Rules of the Metropolitan Council
(including the Metropolitan Council's strength discharge provisions) shall apply to users
of the Facility within the boundaries of the Township. The use of the Facility shall be
. in all respects consistent with the provisions of the Permit for the Construction and
Operation of a Disposal System, issued to the Township by theMPCA, and shall also
be consistent with the terms of the Ordinance which incorporates' and applies with full
force and effect the provisions of the Permit.
Prior Lake City Code. The Ordinance to be adopted by the Township shall also
incorporate the provisions from the Prior Lake City Code as may be amended from time
to time attached hereto as Exhibit "C". Any future amendments to the Prior Lake City
Code relating in any manner to sanitary sewer or water, which apply to City residents.
shall also apply to Township residents served by the Facility. The City shall provide the
Township Clerk with notice of any such Code provisions. Upon receipt of notice from
the City, the Township shall provide to its residents served by the Facility noti<?e-of said
Code pr~visio:i1s.. The Township shall be responsible for enforcement of said City Code,
provisions for its residents connected to the Facility. Failure to enforce said Code
provisions shall be considered a breach of this Agreement. "
By execution of this Agreement, the Township agrees that it will take no action to
rescind or modify the,Ordinance before it has provided written notice of such action,to
the City, the Metropolitan Council, and the Prior Lake/Spring Lake. Watershed District"
not less than thirty (30) days in advance of any proposed action by the Township Board
to rescind or amend the Ordinance. .
Sump Pumps. No roof runoff, sump pump, subsurface or surface water drainage shall
be connected to the sanitary sewer. All sump pump discharge systems shall have a
permanently installed discharge line, which shall not at any time discharge clear water
into the sanitary sewer system. The sump pump discharge system shall consist of a rigid
discharge line, without valving or quick connections for altering the path of the
discharge.
Access For Inspections. The Township will grant access at reasonable times and upon
reasonable notice to the City and the Metropolitan Council to its sanitary sewer and water
hookup recot:ds in order to permit the City and the Metropolitan Council to verify that
all City Charges and the Reserved Capacity Charges paid by the Township are accurate.
Metering. The Township agrees to install, maintain a flow meter on the water main .
connection, and monitor meters. for water usage at each residence connecting to the
system. Said meter will be read periodically and the results will be provided to the City
for pwposes of billing for services. The Township shall be responsible for the costs of.
acquisition, installation and maintenance of the electronic controls and meter:ii1g devices
for the flow. The meter shall be read and reported to the City on a routine basis during
the 1st ten (10) days following the City's billing statement date (Le. 2/1,4/1, 6/1, 10/1,
& 12/1 billing cycles) by representatives of the Township and reported to the City'-
7
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05/13/98 WED 11:45 FAX 612 452 5550
CAMPBELL
~027
17.4.1
Payment of Fees to CiD'. The City shall bill the Township based on the
flow reported at the prevailing City sanitary sewer and water rates in
.effect at the time. The Township shall be responsible for determining and
implementing a method to bill and collect fees from individual properties
connected to the Facility within the Township. Payment to the City shall
not be dependent on the Township c;:ollecting fees from the individual
propenies connected to [he Facility.
17.4.2.
Estimated US82e Permitted. During periods when the metering device is
. .
out of operation the flow from the Township shall be estimated based
upon the average prior usage method applicable to all .estimated City
customers.
17.5 Maintenance of the Facility. The City shall be responsible for all regular ongoing
maintenance of the system at the same level as other facilities within the City. and as
reflected in the fee charged for services. The Township shall be responsible. for any
r. eplacement or repair to the Sy. stem beyoph regular maintenance~ Regular maintenanCe
means tlushing, jetting and main bre~epairs. The City shall 'provide a semi-annual
watermain flushing. In the event of water or sewer main breaks. the Township' shall
notify the City immediately of the situation. Semce requests and complaints shall be
received and handled by the Township. The CitY may. on occasion. at its discretion and
upon the request of .the Township provide maintenance service, over and above that
identif"1ed herein. to the Facility on a fee for service basis. If the City agrees to provide
service. the scheduling thereof is at the discretion of the City.
18. Service. The City shall provide regular and uninterrupted service except for periods of regular
maiJ:i.tenance. and except for events not within its control including, but not limited-to. flood.
natural disasters. or other nat..L.-a1 events beyond Ilia control of the Cit"j. wl-Jch includes actior..s
of the Metropolitan Council.
19.1 Remedies For Breach. Pavment or Service. By Townshio. In the event the Township
breaches the provisions of this Agreement setout in Paragraphs 3. 10. 11.1. 13, 14 or 17 the
City shall provide the Township with written notice of the breach and provide the Township with
thirty (30) days to cure the breach. Failure to pay charges due to the City shall be considered
a breach of this Agreement. If the Township fails to cure the breach within the time specified,
the City may discomiect the Facility from the City sanitaxy sewer and water pipes. This in no
way limits the City from pursuing other remedies available to it at law or equity. It is
understood by the Parties.. however, that the City ~etains the right to shut off, service in
accordance with its policy in emergency cases.
19.2 BY City. In the event the City breaches the provisions of this Agreement setout in Paragraphs
17.5 or 18 the Township shall provide the City with written notice of the breach and provide
the City with thirty (30) days to cure the breach. If the City fails to cure the breach within the
~e specified the Township may seek injunctive relief. including costs. disbursements and
. attorneys' fees. This in no way limits the Township from pursuing other remedies available to
it at law or in equity.
20. Remedies. Each right, power or remedy herein conferred upon the City and the Township are
58806.09 (4129/!l8)
8
~5/13/98 WED 11:45 FAX 612 45? 5550
CAlIPBELL
141028
cumulative and in addition to every other right, power or remedy, express or implied, now or
hereafter arising, available to City or Township at law or in equity. or under any other
agreement,. and each and every right, power and remedy herein set forth or otherwise so existing
may be exercised from time to time as often and in such order as may be deemed expedient by
. the City or the Township and shall not bea waiver of the right to exercise at any time thereafter
any other right, power or remedy.
21. 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 Cenified Mall. Return
Receipt Requested, to the Parties at the following addresses:
To the Township: Spring Lake Township
15870 Franklin Trail SE. #104
Prior Lake, Minnesota 55372
ATfN: Town Clerk
To the City; 16200 Eagle Creek Avenue S.B.
Prior Lake, Minnesota 55372-1714
Attention: City Manager
22. Hold Harmless And Indemnification. The Township of Spring Lake hereby indemnifies and .
holds the City harmless from. any and all causes of action or claims arising out. of or in
connection with the Facility or this Agreement. The TownShip further agrees to indemnify the
City against, and hold them ~ess from. those claims, liabilities, de~ds. damages, costs and
expenses arising out of negligent or willful actions by the Township. . its employees or residents
which result. in penalties imposed against the City. whether by federal. state or local
governmental units. for violations of permits which are required for the City or the Metropolitan
Council to continue operation of the sewer and water facilities to which the Township is
connected.
The City of Prior Lake hereby indemnifies and holds the Township harmless from any and all
causes of action or claims arising out of negligent or wilful actions by the City in connection
with ~erviccs provided pursuant to this Agreement.
23: .Jurisdiction. This Agreement shall be governed by theIaws of the State of Minnesota.
Z4. Successors And Assigns. The rights, privileges and obligations of the Parties under this
Agreement are intended to, and shall remain in full force and etfect and shall bind any successor
agencies or entities to which the authoritil:S and obligations of the Parties may be assigned by
law.
26. 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 Township Board. and by
Resolution of the City Council and (b) this Agreement baving been signed by all of the officers
designated as signatories below.
27. Administrative Fee. The Township shall pay to the City an Administrative Fee equal to three
perccn~ (3 %) of the lesser of the Design Engineer's Opinion of Probable Cost for construction
S8l106. V!l (4/29/98)
9
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05/13/98 WED 11:46 FAX 612 452 5550
CAMPBELL
141029
of the Facility or the amount of the award of the bid for construction of the Facility. The
Administrative Fee shall be paid to the City prior to connection of the Facility to the City
sanitary sewer and water pipes.
28. Recordine-. This Agreement shall be recorded against all properties in the service area depicted
in Figure 3 of Exhibit C at the Township's sole cost and expense. The purpose of this recording
'provision is to insure that the owners of property in the service area depicted in Figure 3 of
Exhibit C have notice that the number of Connection Units allowable under this Agreement is
limited to the number authorized in Paragraph 10 of this Agreement. The existence and/or
recording of this Agreement against a particular property is not intended to guarantee or entitle
. that a particular property will be connected to the Facility.
29. Duplicate OrilrinaIs. This Agreement may be executed in any number of counterparts, each.
of which shall be deemed to be an original. ~ut all of which shall constiture one and the same
instrument.
, IN WITNESS WHEREOF. the parties hereto have executed this Agreement the day and year first
hereinabove written. .
Spnng Lake, Township,
City of Prior Lake
BY:~ PdcJ.l
Its:-!/ ~P'(~ Y, '~,.
~
By: '
Its:. _ · , .. -.
By:
By:
'nns INSlRUMENT WAS DRAFrED By:
CAMPBELL KNUTSON, P.A.
317 Eagandale Office Center
1380 Cozporate Center CUIVC
Eagan. MN 55121
SLP:kgm
.,
S8806.G9 (4/29/98)
10,
.U~/13/~~ WED 11:46 FAX 612 452 5550
CAMPBELL
. ~030
STATE OF MINNESOTA )
:1 ~-II- (ss.
COUNTY OF.ru-- )
~f1oreg.oing instrument was hCknO~lc:dged. b cfon: ~ this . / day of
~. . 1998.. by.. JOhn I:!J:lJl/l6.. and .. UlM.. L~~ . , the
. . or. and~ . . ,respectively, of Spring Lake Township. a Minnesota
municipal cOIporation. on behalf of the corp'oration and pursuant to the authority granted by the
Township.
"..,:'-J
STATE OF MINNESOTA )
(ss.
COUNTY OF scon )
. The foregoing instrument was acknowlCdged before me this , day of 0 J 11 r- ~ . .
1998, by Wesley M. Mader and Frank Boyles, respectively the Mayor and City ~ of the CIty
of Prior Lake. a Minnesota municipal. coIpOration. onhehalf of the cozporation and pursuant to the
authority granted by its City Council.
~1fii~ tftJij.)
Notary blic
e.
KIRSTEN M.~.
NOTARY PUBlIC.
OAKOTAccunY...
MyComm. &pl..
58806.09 t412J/!l8)
11
-r-.----..--........
05/13/98 WED 11:46 FAX 612 452 5550
CAMPBELL
IaI 031
9-4-14:
9-4-15:
9-4-17:
9-5-14:
SllIlIl6.D9 (4/2l1/!l8)
<A)
EXHIBIT liD"
To
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SANITARY SEWER AND WATER
Prior Lake City Code Provisions Incoroorated Herein
.(See Section 17.1 of this Agreement)
DEFlCffiNCY OF WATER AND SHUTTING OFF WATER: The City shall not be
liable for any deficiency or failure in the supply of water to consumers. .whether
occasioned by shutting the water off for the purpose of making repairs or connections or
by any other cause whatever. In case of fue, or alarm of fire, water may be shut off to
insure a supply for fire fighting, or in making repairs or constrUction of new works,
water may be shut off at any t~e and kept shut off so long as may be necessary.
RESTRICTED HOURS FOR SPRINKLING: . Lawn or garden sprinkling, irrigation,
. car washing and other non-essential outdoor use of the Municipal.Water.System shall be
restricted to an odd/even system in coIijunction with an 11:00 a.m. to 5:00 p.m. ban
effective May 1 through September 1; Residents with an odd house number may water'
lawns or use an outside hose, when necessary, before 11:00 a~m. and after 5:00 p.m.
only on odd number~d calendlLI' days. Residents with an even house number may water
lawns or use 2.n outside liese, when nctcssary, before 11~OO a.JI~_ andi.1l:ct 5:00 p.iII~
only on. even numbered calendar days. This. applies to all muniCipal. water users.
Exceptions shall be made for landscaping, including newly seeded or sodded laWlis,.
within the first thirty (30) days of placement. Private wells used for irrigation shall be
exempt from these restrictions. Municipal water customers who have been notified of
a violation of these restrictions, and who violate them a second time, shall be fmed
$25.00 for each day of violation. The fine shall be added to the offenders next water
bill. A third violation ~ha11 be cause for discontinuance of water service. After
payment of all outstanding bills, f"mes and connection fees (as stated in the City Fee
Schedule), the water service sball be restored.
PRIVATE WATER SUPPLIES: No water pipe of the City water supply system shall
be connected with any pump, well or tank that is connected with any source of water
supply and when such are fou~d. the Inspector shall notify the owner to disconnect.the
same, and if not done immediately. the public water supply shall be turned off. 'Before
.any new connection to the City system is permitted, the Inspector shall ascertain that no
cross connections will exist when the new connection is xnade. It is to be specifically.
understood that water from private sources. when a public supply is available, cannot be
used for any purpose within the City limits. except for outside uses and one faucet per
residential dwelling unit.
TYPES OF WASTE PROHIBITED:
Except as hereinafter provided, it shall be unlawful to discharge any of the following
described waters or wastes into the Municipal sanitary sewer system:
12
. U~/lJ/Y~ W~ 11:46 FAX 612 452 5550
CAMPBELL
~032
1. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit;
2. Any water waste containing more than 100 parts per million by weight of fat, oil
or grease;
3. Any gasoline, benzIDet naphtha, fuel oil or other inflimunable or explosive liquid,
solid or gas;
4. Any garbage that bas not. been shredded so that the garbage particles are smaller
. than one-half inch in their largest dimension;
5. Any asbest cinders, san4t mud, straw, shavings, metal lass. rags,' feathers,
plastic, wood, paunch manure or any other solid or viscous substance capable of .
ca~ing obstruction to the flow in sewers or other interference with the proper
operation of the sewage system;
6. Any waters or wastes containing a toxic or poisonous substance in sufficient .
quantity to, injure or interfere with any sewage treatment process or which
. constitutes a hazard to hUIl1ans or HnimaJs or creates any hazard in the receiving
waters of the sewage treaanent plant; ,
7. Any waters or wastes cODt~inine suspended solids of such character and quantity
that unusual attention or expense is required to. handle such materials at the
~ewage treatment plant;' ,
8. Any noxious or malodorous gas or substance capable of creating a public
nuisance; ,
9. Grease, oil and sand interceptors shall be provided when, in the opinion of the
Pl~bing Inspector. they ate necessary for the proper handling of liquid wastes
, '. cQJ\tJtining grease in excessive amountS or any inflammable wastes, sand or otber
.hannfulingredients; except thafsuch interceptors shall not be required for private
dwelling units which discharge only normal wastes 'therefrom. Such grease and
oit interceptors shall be of substantial construction, watertight and equipped with
easily removable covers which when bolted in place, shall be gaslight and
wAtPTtitrht A 11 lh'''~S'' "a o...~ a",..A :....A_.........._ ~1.~11 I.e -~:_..~:_..~ 1.... ,..I....
u --.......0..... . ,...,.. 0"--' -, -...... ~~ OClU.&.~ .l.UL""j.","","}'LVA.';' "'~1I. U J.UQ.44J.LG.I.US;;U Lll Ul....
owner, at ,his expense, in continuously efficient operation at all times.
(B) The admission into the pub~ic sewers of any water or wastes: ..
1. Having a five-day Biochemical Oxygen Demand greater than 300 parts per
million by weight; or
2. Containing more than 350 parts per million by weight of suspended solids; or
3. Containing any quantity of substances having any characteristics described in
subsection (A)l through (A)9 hereof; or
4. Having an average daily flow greater than 2 % of the average daily sewage flow
of the Municipal sewer system shall be subject to the review and approval of the
City Engineer.i
The owner shall provide, at his expense, such preliminary treatment as may be necessazy
to:
a.
. ,
Reduce the Biochemical Oxygen. Demand to 300 parts per million and the
suspended solids to 350 parts per million by weight; or
Reduce objectionable chMacteristics or constituents to within the maximum limits
provided for in subsections (A) 1 through (A)9 hereof, or
. b.
S880(j. D9 WB/!l6)
13
05/13/98 WED 11:47 FAX 612 452 5550
(C)
(D)
(E)
(F)
(G)
9-5-15:
5llIlDIi.09 ('129/98)
CAMPBELL
~033
. .
c. Control the quantities and rates of discharge of such waters or wastes. Plans.
specifications. and any other pertinent infonnation relating to proposed preliminary
treatment facilities shall be submitted for the approval of the City Council and of
the Water Pollution Control Commission of the State of Minnesota, and no
construction of such facilities shall be commenced until said approvals are
obtained in writing.
Where preliminary treatment faci1i.ties are provided for any waters or wastes, they shall
be maintained continuously in satisfactory and effective operation by the owner t at his
expense.
The owner of any property served by a building sewer canying industrial wastes shall
install a suitable control manhole in the building sewer line to facilitate observation,'
sampling and measurement of the wastes. . Such manhole. when required. shall be
accessible and safely located, and shall be constructed in accordance with plans approved
by the City Engineer. The manhole shall be installed by the owner at bis expense, and
shall be maintained by him so as to be safe and accessible at all times.
All measurements. tests and analyses of the characteristics of waters and wastes. to which
reference is made in subsections (A) and (B) above shall bedetennined in accordance
with. the methods employed by the Minnesota Department of Health, and shall be
determined at the control manhole provided for in subsection (D) above. or upon suitable
samples taken at said control manhole. In the event that no special m~nhole has b~n
required, the control manhole shall be considered to be the nearest downstream manhole
in the public seWer to th~point at which the building sewer is connected.
No statement contained in this Section shall be construed as preventing any special
".~___._. ...." ....______.. ~~........-_ .1..._ r-.:.... __..a Co':"'::." :_.1..._"-:_1 c-.---- _.1...__1...."'. ...-
...&......LU...U'" Vl AU.auo~.u~I;,o.u&. .....\W~U WI;: '--ILJ auu -...J JJ.l\.lu.>u.1dJ U.&.l\.NJ.U WllCU;;U.1 CU.I
Industrial waste of unusual strength or chatacter. may be accepted by the City for
treatment, subject to payment therefore by the Industrial concern.
It shall be unlawful to discharge into the Municipal sanitary sewer system any industrial
wastes unless the prior approval of the Plumbing Inspector is obtained. The Plumbing
Inspector shall approve the discharge of industrial wastes when, in his opinion. the
proposed wasteS will not be of an unusual amount or character. .
DISCHARGE OF SURFACE WATERS PR.OHIBITED: It shall be unlawful to
discharge or cause to be discharged into the Municipal sewer system, either directly or
indirectly t any roof. storm. surface or ground water of any type or kind. No water shall
be discharged from any air conditioning unit or system either directly or indirectly into.
the Municipal sanitaty sewer system without prior written approval of the City Engineer.
Separate charges shall be made in case. that air conditioning waters shall be discharged
into the sewer system and said charges shall be based upon the amount of water
discharged into said sewer system and the amount so discharged shall be measured by
a metering device installed for that purpose and approved by the City Engineer. Said
charge shall be in addition to those provided in Section 9-6-5 of "the Prior Lake City
Code.
14