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060198 CC Ws AgP� ; 1 G� � V CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION COUNCIL CHAMBERS MONDAY, JUNE 1, 1998 7:00 P.M. AGENDA 1. CONVENE WORK SESSION A. Roll Call B . Review Agenda 2. DISCUSSION OF APPOINTMENTS TO THE NEW FIVE MEMBER PLANNING COMMISSION (Att. #2 Draft Resolution) 3. INITIAL DISCUSSION ON REVIEWING THE SUMP PUMP INSPECTION PROGRAM (Att. #3 Code Section) 4. ADJOURN No official action is taken at Work Sessions. i CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION MAKING APPOINTMENTS TO THE PLANNING COMMISSION FOLLOWING AMENDMENT TO THE CITY CODE MAKING IT A FIVE MEMBER COMMISSION WHEREAS, the Ordinance No. 336 adopted May 26, 1998, amends Section 201 of the City Code changing the membership of the Planning Commission from seven to five members; and WHEREAS, said ordinance stipulates that current Planning Commission appointments terminate June 12, 1998 and new appointments take effect June 13, 1998. NOW, THEREFORE BE IT RESOLVED that the following appointments will take effect June 13, 1998: through December 31, 1998 through December 31, 1999 through December 31, 1999 through December 31, 2000 through December 31, 2000 BE IT FURTHER RESOLVED that the City Council makes the following position appointments for the remainder of the year 1998: Planning Commission Chairperson Vice Chairperson PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of June, 1998. ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR �z PLANNING COMMISSION Term Ends 98 Vacant 98 Deborah Panas- Borkon 5590 Shore Road Shorewood, MN 55331 H- 474 -6487 99 Neil Anderson 5815 Club Lane Shorewood, MN 55331 H- 470 -9801 99 Christine Lizee 27055 Smithtown Rd Shorewood, MN 55331 H- 470 -5338 00 Jeff Bailey 19660 Sweetwater Curve Shorewood, MN 55331 H- 474 -3827 00 Paula Callies 20465 Radisson Road Shorewood, MN 55331 H- 474 -0721 00 Patrick Collins 4675 Fatima Place Shorewood, MN 55331 H- 474 -9798 904.08 904.09 when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Sewer Inspector and in such manner as is required by the Sewer Inspec tor. (Ord- 64. 5-8-72; amd. 1987 Code) Subd. 7. Liability of Owner. All costs and expenses incidental to the installation and connection of the buildins sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. 904.09: PROHIBITED DISCHARGES INTO THE SANITARY SEWER SYSTEM: Subd. 1. Prohibited Connections: No person shall discharge or cause to be discharged, directly or indirectly, any storm water, surface water, ground water, roof runoff, subsurface drainage, or cooling water to any sanitary sewer. Any person having a roof drain, sump pump, unauthorized swimming pool discharge, cistern overflow pipe or surface drain connected and/or discharging into the sanitary sewer shall disconnect and remove any piping or system conveying such water to the sanitary sewer system by March 1, 1994. Subd. 2. Authority to Inspect: Every person owning improved real estate that discharges into the City's sanitary sewer system shall allow inspection by authorized City employees or its agents of all properties or structures connected to the sanitary sewer system to confirm there is no sump pump or other prohibited discharge into the sanitary sewer system. Subd. 3. Correction of Violations: Any owner of any property found to be in violation of this section shall make the necessary changes to comply with this ordinance by March 1, 1994 and such change shall be verified by authorized City employees or its agents. Any property or structure not inspected or not in compliance by March 1, 1994 shall, following notification from the City, comply within fourteen (14) calendar days or be subject to the surcharge as provided in Subdivision 6 below. Subd. 4. Discharge: Existing buildings with sump pumps and all newly constructed buildings with sumps shall have a discharge pipe installed to the outside wall of the building. The pipe attachment must be a rigid permanent -type plumbing such as PVC, copper or galvanized pipe. The discharge shall extend outside of the foundation and may not be pumped directly onto any public right -of -way unless approved by the Public Works Director or their designee. Anv disconnects or openings in the sanitary sewer shall be closed and repaired in compliance with applicable codes. (amd. Ord. 282, 12- 13 -93; amd. Ord 284, 1- 24-94) Subd. 5. Continued Compliance and Reinspection: Upon verified compliance with this Chapter, the City reserves the right to reinspect such property or structure at least annually to confirm continued compliance. Any property found not to be in compliance upon reinspection or any person refusing to allow their property to be reinspected shall, following notification from the City, comply within fourteen (14) calendar days or be subject to the surcharge hereinafter provided for. 195 City of Shorewood 4k3 904.09 904.11 Subd. 6. Surcharge: A surcharge set by an ordinance passed by the City Council is hereby imposed and shall be added to every utility billing to properties not in compliance with this Chapter. The surcharge shall be added to every quarterly utility billing until the property is in compliance- Subd. 7. Temporary Waiver. The City Council, upon recommendation of the Ci Administrator and City Engineer, shall hear and decide requests for temporary waivers from the provisions of this ordinance where strict enforcement would cause a threat to public safety because of circumstances unique to the individual property under consideration. Any request for a temporary waiver shall be submitted to the City Administrator in writing. Upon approval of a temporary waiver from the provisions of this ordinance, the property owner shall agree to pay an additional fee for sanitary sewer services based on the number of gallons discharged into the sanitary sewer system as estimated by the City Engineer. Subd. S. Drainage: Storm water and 0 other unpolluted drainage shall be discharged to such drainage facilities as are specifically designated by the City Engineer. Subd. 9. Remedies: The imposition of the surcharge shall not limit the right of the City to seek an injunction in District Court ordering the person to disconnect the non - conforming connection to the sanitary sewer or from pursuing any other legal remedies available, or in the alternative, the City may correct the violation and certify the costs of correction as an assessment against the property on which the correction was made. (Ord. 277, 8- 23 -93) 904.10: INTERCEPTORS REQUIRED: Subd. 1. Grease, oil and sand interceptors shall be provided when they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any inflammable wastes, sand and other harmful ingredients; except, that such interceptors shall not be required for private living quarters or dwelling units. All such interceptors shall be of a type and capacity approved by the Sewer Inspector and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 64, 5 -8 -72; amd. 1987 Code) Subd. 2. Construction Specifications: Grease and oil interceptors shall be con structed of impervious materials capable of withstanding abrupt and ex treme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable cover which, when bolted in place, shall be gastight and watertight. Subd. 3. Maintenance: Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient opera lion at all times. 904.11: PROHIBITED SUBSTANCES: Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer: 130 1.0 130 1.02 I. TYPE OF CITY CODE CHARGE /FEE REFERENCE CHARGE /FEE Doe Licenses 701.031 5.00 1.00 fate fee Kennel License 701.04.2 25.00 /initial license 10.00 /renewal license Horse Permit 702.04 25.00 Animal Impound Fees 701.08.4 25.00 Ist offense of vear 50.00 thereafter Street Excavation Permit 901.011b 50.00 Gambling License 301.06.2 100.00 Biennial 301.06.1 25.00 Temporary Individual Sewage Disposal 506.05.5 35.00 System Contractor License 1.000.00 Bond Residential Recycling Fee I.501mo/household Sewer Connection Permit ` Sewer 904.07.1 100.0_ Service 904.15.1a 65.00 /gaYresidential 43.33 /qtr /residential Iow income 3250 /qtr /residential seasonal 77.90 /qtr. +$2.751ea 1,000 gallons in excess of 28,500 gallons per gtdcommercial Sanitary Sewer Surcharge 904.09.5 100.00 /mo Local Sewer Avail. Charge 904.18.3 1,000.00 Refuse Hauler License 507.05.4 50.00 + 25.00 /truck Tree Trimmers License 305.01 30.00 Water Connection Permit 903.03.1a 25.00 Water Dieter - 3/4" 903.03.1b(2) 80.00 3/4" Horn 20.00 1" Meter 160.00 1" Horn 40.00 1 1/2" Meter (w /flanges) 903.03.1b(2) 365.00 2" Meter (w /flanges) 903.03.1b(2) 475.00 1" Pressure Reducing Valve 75.00 1 1/2" Pressure Reducing Valve 180.00 2" Pressure Reducing Valve 190.00 Late Meter Reading Fee 903.08.6 5.00 Meter Test 903.08.4 50.00 Water Service 903.09.1a 22.50 /qtr minimum, + 51.4511,000 gallons in excess of 10.000 gallons/qtr Water Service - Low Income 903.09.la(1) 15.00 /qtr minimum Water Turn-on & Shut -off Fee 903.04 25.00 Base Water Special Assessment (R) 903.18.03 5.000.00 Water Trunk Charge (T) 903.18.06 10,000.00 Water Connection Fee 903.03.3 Connection fee shall be the same as the amount specified in Section 903. 18, subd.6.a. Iess any amounts previously paid for trunk water improvements as special assessments or for trunk charges at the time of subdivision of Iand pursuant to Section 903.18, Subd.6.a. Special Assessment Search 15.00 0498 Ciry of Shorewood REGULAR CITY COUNCIL MINUTES AUGUST 23, 1993 - PAGE 3 Brancel moved, Daugherty seconded to approve formation of a task force and recommended the use of a mediator to work toward a resolution of the dispute between the City and the MWCC over sewer treatment charges to the City. Motion passed 510. Lewis moved, Benson seconded to appoint Brancel and Daugherty to the task force to represent the Council. Motion passed 510. 8. CONSIDERATION OF AN ORDINANCE REGARDING SUMP PUMPS Rolek stated that given the severity of the City's problems with the MWCC charges, it is important this ordinance be adopted to clarify prohibited discharges into the sanitary sewer system and provide for violation penalties. Keane explained that the City's current sump pump ordinance administered by the building inspector addresses sump pump connections. The City has represented to the MWCC that a non -hook up ordinance exists, with penalties and inspections, enforced by the building inspector. Keane stated, however, a City -wide standard does not exist to require inspection and compliance. The proposed ordinance requires property owners to contact the City for an inspection of sump pump connections and provides that a $100 monthly surcharge will be imposed for noncompliance beginning in March 1994. Keane stated residents who abide by the nonconnection ordinance heavily subsidize those with illegal connections. The new ordinance is similar to those already in place in surrounding communities. Compliance with the prohibition ordinance by residents in surrounding communities has not presented any problems. Lewis inquired whether contractors advise homeowners that it is illegal to make a sump pump connection. Nielsen stated the role of the contractor is unknown, however the City's final occupancy inspection would detect such a connection. Keane stated that various methods of communication will be used, including direct mail, to inform residents of required action they must take under the provisions of the new ordinance. Rolek noted the ordinance also provides a time frame in which those in non - compliance may correct a violation. Each residence in Shorewood will be inspected. Keane explained the new ordinance will support and confirm the City's position relative to the MWCC issue. Dresel stated it is not anticipated that sump pump discharge into yards or streets will create any significant problems. Brancel read a summary of the provisions of the ordinance. Stover inquired whether guidelines exist in other communities for waivers. Rolek stated a waiver may be granted based on the uniqueness of the property and is justified on a case by case basis. A 0 FVGULAR CITY COUNCIL MINUTES AUGUST 23, 1993 - PAGE 9 temporary waiver could become permanent, until a correction is made, if discharge is creating a public safety hazard. Annual inspections will be done by City employees on an a ppointment basis. Charges for violations will appear on residents' utility bills. Keane noted the City reserves the right to make annual inspections which allows discretion in the inspection schedule. Brancel moved, Benson seconded to adopt ORDINANCE NO. 93 -277 An Ordinance Amending Shorewood City Code Section 904.09. Prohibiting Discharges into the Sanitary Sewer System, and Section 1301.02, Schedule A, Providing Penalties for Violation Thereof. Motion passed 510. 9. CONSIDERATION OF AN ORDINANCE AMENDMENT TO THE FEE SCHEDULE INCREASING SEWER RATES Brancel explained this amendment to increase sewer rates is associated with the MWCC issue. Rolek stated the MWCC imposed a 40% increase for sewage treatment charges on the City effective January 1994. The recommended 37% increase in residents' rates includes costs the City incurs in operating the system including contracted maintenance and upgrading of the lift stations, administrative costs, and personnel costs associated with upkeep of the lines. Quarterly residential fees would increase to $75, to $50 for residential low income, and to $3750 for residential seasonal. Rolek pointed out information from the MWCC states mid -year flow was 199 million gallons vs. the estimated 180 million gallons. He stated although the City is currently disputing the charges, the MWCC has indicated it will charge the City as originally proposed and since the flow reported is over the estimate, future charges will be higher than anticipated. Rolek estimated that 10 -15% of the 37% increase is related to the City's cost with the remainder related to MWCC costs. The increased rate schedule, if approved, will become effective immediately since the City expects to either pay the delinquent charges accruing since January or incur legal and technical costs for a lengthy court dispute. Brancel stated she cannot support an increase in rates at this time given the current high rates and because calculations by the MWCC to support its increase are not verifiable. Dresel clarified the MWCC's estimate calculation methodology. Lewis supported allowing the levy certification process to continue for collection of the delinquent charges from the residents. He hesitated increasing rates, but acknowledged that sufficient funds must be available to continue the legal process in order to effect a change. Daugherty described the ramifications of various outcomes of the dispute and emphasized the need for the City to remain fiscally responsible. He suggested if rates are raised and resolution of the dispute results in excess funds for the City, rebates could be paid to residents. If rates are not raised now and the City was forced to pay outstanding charges and legal costs, residential rates would then require a significantly greater increase. The meeting recessed at 9:00 p.m. and reconvened at 9:10 p.m. 9