HomeMy WebLinkAbout9A Outstanding Utility Connections Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: AUGUST 21, 2017
AGENDA #: 9A
PREPARED BY: LARRY POPPLER, ASSISTANT PUBLIC WORKS DIRECTOR / CITY
ENGINEER
PRESENTED BY: LARRY POPPLER
AGENDA ITEM: CONSIDER APPROVAL OF A REPORT REGARDING OUTSTANDING
CONNECTIONS TO MUNICIPAL WATER AND SEWER PURSUANT TO
CITY CODE
DISCUSSION: Introduction
Three properties on have not yet connected to City sewer and water
services associated with the Mushtown Road Improvement Project and the
Welcome Avenue Improvement Project. Some of these properties are
requesting more time while one property may wish to enter into an
agreement with the City for connection.
History
In May of 2014, the City completed the extension of water and sewer to 14
properties on Welcome Avenue. In September of 2015 the City completed
the extension of water and sewer to 41 properties in the Mushtown Road,
Maple Lane, and Panama Avenue area. Since the extension of municipal
services, all other individual properties have connected, are vacant, or
provide compliance certifications for their septic systems.
City Code Section 705 provides that properties must connect to municipal
services no longer than one year of its availability unless the septic system
is compliant with current standards. This extension may be renewed every
3 years as long as the system remains compliant.
Current Circumstances
Our records show that there are 2 properties with the Mushtown Road area
and 1 property on Welcome Avenue which have not yet connected to
municipal services nor have provided compliance certifications for their
septic systems.
17151 Maple Lane – The property owner has expressed that cash flow has
been the issue with connection and may desire to enter into an agreement
for connection. Through the agreement, the City would pay the costs for
the connection and would assess the property for the work over a five-year
period. The agreement includes language which the owner consents to the
assessment amounts. The assessment amount includes payment
amounts for staff and legal time associated in creating and administering
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the agreement. The City entered into a similar agreement for a property
owner on Shoreline Boulevard.
17079 Mushtown Road – This property has very recently changed
ownership since the original project was completed. The new owners are
planning for connection this fall.
16860 Welcome Avenue – This is a commercial property which will involve
multiple SAC charges which adds complication. An agreement may be
necessary for connection. Through the agreement, the City would pay the
costs for the connection and would assess the property for the work over a
five-year period. The agreement includes language which the owner
consents to the assessment amounts. The assessment amount includes
payment amounts for staff and legal time associated in creating and
administering the agreement. The City entered into a similar agreement for
a property owner on Shoreline Boulevard.
There are several options to proceed with these properties.
1. Attempt to negotiate an agreement for connection
2. Provide a further extension for connection
3. Issue citations or file a civil suit against property owners because
they are not in compliance with City Code.
Conclusion
Staff recommend that the City Council work with property owners on an
agreement for connection as previously established on a similar project.
The agreement would come before the City Council for approval.
ISSUES: Projects which include extension of sewer and water to existing
neighborhoods involve an enormous amount of City Staff time in
coordinating the connection of water and sewer services. Each property
has their own unique circumstances and challenges.
If the City does not desire to enter into the agreement but wishes that these
properties connect, citations could be issued and Scott County District
Court could order the property owner to connect. Another option would be
to ask the District Court to allow the City to install the improvements and
assess the improvements. The process for both these options could take
significant time before the work is physically performed.
FINANCIAL
IMPACT:
If the City Council enters into agreements for connection costs for the
administration would be included to cover staff time. Funding from the
General Fund would be utilized to pay for the connection and would be
reimbursed through the assessments over a five-year period.
ALTERNATIVES: 1. Direct staff to contact the 3 remaining properties which have not yet
connected and return to the city council with negotiated agreements
within 120 days.
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2. Direct staff to provide an extension for connections for 120 days
(remaining construction season).
3. Direct staff to immediately issue citations or file a civil suit against
properties which have not yet connected.
4. Take no action and direct staff to research other alternatives.
RECOMMENDED
MOTION:
A motion and a second for approval of alternative #1