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4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 3, 2018
AGENDA #: 5M
PREPARED BY: FRANK BOYLES, CITY MANAGER
PRESENTED BY: FRANK BOYLES
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 705 OF
THE PRIOR LAKE CITY CODE RELATING TO POOL DRAINAGE INTO THE
SANITARY SEWER SYSTEM
GOAL AREA
AND
OBJECTIVE:
Public Safety
4. Ensure a safe and quality-built environment
5. Address threats to community standards through code enforcement
DISCUSSION: Introduction
The purpose of this agenda item is to ask the city council to amend the Prior Lake
City Code to better regulate the drainage of large bodies of water-typically indoor
and outdoor pools-into the Prior Lake Sanitary Sewer system.
History
As the community has developed so to have the existence of institutional pools
such as those found in the River Valley YMCA in Prior Lake, Twin Oaks and
Middle Oak Schools. In addition, a plethora of outdoor privately-owned in ground
pools have been constructed, used and maintained.
Pool systems large and small require regular water treatment to promote the
safety and health of the users. The pool maintenance regimen consists both of
regularized chemical treatment and water drainage and replacement.
The city’s sanitary sewer system was designed to serve the needs of typical land
uses allowed for by our comprehensive plan. The system was not sized to allow
anyone to drain a pool into the sewer system at any time.
When the city was a little smaller, we relied on verbal agreements between the city
and pool owners to communicate at the time of pool drainage. Given the growth of
the community it is logical that the city code should more formally address
incidents which could harm the city sewer system and the private and public
structures connected to it.
Current Circumstances
The attached ordinance is recommended which accomplishes the following:
1. Anyone responsible for an indoor or outdoor pool which is to be drained
into the city sewer system must apply for a permit from the public works
director prior to any drainage action.
2.The public works director will assess the situation and issue a permit which
will specify the conditions under which the pool may be drained into the
sanitary sewer system.
3.The conditions will be shared with the permittee who is responsible for
following them. If the permittee does not abide by the conditions
established by the public works director, they are considered in violation of
city code and are expected to be held responsible for any damages
created by their action or inaction.
ISSUES:
FINANCIAL
IMPACT:
This ordinance is a reasonable preventative measure. It is applicable to in ground
and institutional pools not hot tubs or wading pools. Pool owners have an
additional option to draining the pool into the sanitary sewer system. They may
simply let the pool stand and dechlorinate. In addition to eliminating the potential
for sewer back up, dechlorination saves the city and property owners money since
there is no need to treat the water at the Blue Lake Treatment Plant.
It is hoped that this ordinance will eliminate potential sewer backups caused by
pool drainage which cause damage to properties and inconvenience to property
owners. There will be costs associated with the administrative processing of the
pool drainage permits. The $50 charge per permit is intended to defray such costs.
We will monitor during the first year and recommend modification of this fee next
year as part of the official fee schedule.
ALTERNATIVES: 1. Motion and second as part of the consent agenda to approve this amendment
to the Prior Lake City Code.
2.Motion and second to remove this item from the consent agenda for additional
discussion.
RECOMMENDED
MOTION:
Alternative #1
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. _________
AN ORDINANCE AMENDING SECTION 705 OF THE PRIOR LAKE CITY CODE BY INSERTING
A NEW SUBSECTION 705.900 RELATING TO THE DRAINING OF POOLS INTO THE
SANITARY SEWER SYSTEM, AMENDING SECTION 113 FOR RELATED FEES, AND
ADOPTING BY REFERENCE CITY CODE SECTION 104; WHICH, AMONG OTHER THINGS,
CONTAINS PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
Section 1. City Code Section 705 is amended by renumbering subsections 705.900,
705.1000 and 705.1100 to 705.1000, 705.1100 and 705.1200 respectively and
inserting a new subsection 705.900 to read as follows:
705.900 DRAINING OF POOLS: The sanitary sewer system is not designed to
handle the draining of pools and may not have the capacity to accept such
drainage. The draining of pools into the sanitary sewer system has the
potential to create backups which may damage the system and properties
connected to the system. Therefore, any person draining any pool into the
sanitary sewer system shall first obtain a permit from the City.
705.901: Application. The application for a permit shall be on a form provided by the
City, shall include all requested information, shall be truthful in all respects and
shall be accompanied by an application fee as set forth in the City Fee
Schedule.
705.902: Review. Upon receipt of a complete application, the City Public Works
Director shall review the application and either issue or deny the permit in
writing. The Public Works Director may issue a permit if, in the Public Works
Director’s sole discretion, the pool can be safely drained into the sanitary
sewer system without any negative effects on the sanitary sewer system or
any other public or private property. The Public Works Director may include
any conditions on the permit that he/she deems appropriate, including but not
limited to timing of drainage, flow rates, and maintenance of insurance. The
Public Works Director may deny a permit if, in the Public Works Director’s sole
discretion, the pool cannot be safely drained into the sanitary sewer system
without negative effects on the sanitary sewer system or any other public or
private property.
705.903: Revocation. A permit issued under this subsection is subject to revocation by
the City Public Works Director for any failure to comply with the permit, any
violation of this Section, any damage or risk of damage to the sanitary sewer
system or any other public or private property, or violation of any other
ordinance of the City or the law of the state. Notice of the revocation shall be
provided to the permit holder in writing. Upon receipt of the notice of
revocation the permit holder shall immediately cease draining the pool into the
sanitary sewer system.
Page 2 of 2
705.904. Violation and Penalty. Any failure to obtain and comply with the required
permit, in addition to being a violation of this Section, may result in the
person being held responsible for any damage which may occur to public or
private property as a result of the pool drainage.
Section 2. City Code Section 113 is hereby amended by inserting the following new fee
into the “Utility Rates and Charges” section of the City Fee Schedule:
Pool Draining Permit Application $50.00
Section 3. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by
reference, as though repeated verbatim herein.
Section 4. This ordinance shall become effective upon its passage and publication.
Passed by the City Council of the City of Prior Lake this 3rd day of December, 2018.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Published in the Prior Lake American on the 15th day of December 2018.