08/11/2009 - City Council Special 4 C!ty of Eaaali Memo
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: AUGUST 10, 2009
SUBJECT: ADDITIONAL INFORMATION FOR THE AUGUST 11, 2009 SPECIAL
COUNCIL MEETING
Due to Public Works Director Colbert's illness last week, pertinent information regarding Item IV of the
special Council meeting agenda was not included in the packet.
Attached as pages 19A - is additional information regarding the City-wide sump pump inspection
program.
Thomas L. Hedges
City Administrator
CITY -WIDE SUMP PUMP INSPECTION PROGRAM
COUNCIL WORKSHOP, AUGUST 11, 2009
ADDITIONAL INFORMATION
Pilot Inspection Program
With more than 18,800 connections to the City's sanitary sewer system, an inspection
program to review and inspect every private sewer service will be a daunting program that
could take 7 to 10 years to complete. While the impetus to initiate this inspection program is
based on the MCES Surcharge Program, it presents a policy issue for the City in regards to
how extensive an inspection program should be.
• Should the City implement a Sump Pump and Service Lateral Inspection
Program (SP -SLIP) for all 19,000 connections, or only as many as necessary to
remove us as an "Excessive Flow" community on the MCES Surcharge
program?
Public Works Staff have identified several sewer service districts where we believe there is a
greater probability of I &I. We have then selected specific properties within these districts to
begin the SP -SLIP inspections in hopes of getting a higher "return on investment" or our
inspection efforts. This "controlled sample" will hopefully help us evaluate the extent of the
potential problem on a city -wide basis to further refine the scope and cost of future efforts.
Enclosed on pages through is information pertaining to this Pilot Program.
City Ordinance Revision
Currently, the city ordinance addresses the issue of I &I only in
Sec. 3.40. Rules and regulations relating to sewer service,
Subd. 5. Unlawful discharge: It is unlawful to discharge any of the following
described wastes into the sewer system:
G. Roof water, groundwater, or any other natural precipitation.
It is recommended that this ordinance be expanded to more specifically address the full
spectrum of I &I, including definitions, restrictions, requirements, inspections, corrections and
compliance enforcement actions /penalties. Enclosed on pages through i a copy
of a draft revision to the current ordinance for Council's consideration.
POLICY ISSUES FOR CONSIDERATION
1. How extensive should the City implement a SP -SLIP? (i.e. ALL connections or only as
many as necessary to remove Eagan from the "Excessive Flow" surcharge category)
2. How should the City finance the inspection program estimated at ^ million for all
19,000 connections? Increase Sewer Rates? From the Sanitary Sewer Trunk Fund?
3. Should the City provide any financial assistance /grants to cover any or all of the
private corrective costs (could be as much as $6,000 per property)? (50 %, 25 %. 0 %)?
4. Should the City offer financing of private corrective repair costs through special
assessments or extended surcharges on future billings? (3yrs? 5yrs? 10 yrs ?)
/ 9 it-
40!11110. City of Ea�au Mello
TO: Tom Colbert, Director of Public Works
FROM: Wayne Schwanz, Superintendent of Utilities
DATE: August 10, 2009
SUBJECT: PILOT PROGRAM - I & I Sump Pump and Service Lateral Inspections
The Utility is proposing to start a pilot program for both commercial and residential properties.
The intent of the pilot program is to be able to engage the extent of the problems that may exist
within the City along with the amount of time, effort and financing that it will take to accomplish
the entire citywide program. This program will be based on the evaluation that was done after
the October 4` & 5` 2005 storm by Barr Engineering. Their report identified that three lift
stations had increased their flow dramatically over the period of the storm. These lift stations
are: Country Hollow, Lone Oak and Alexander.
The proposal for the initial Pilot Study for the I & I program will be centered on these three lift
stations. Besides the information contained in their report of the high flows during the evening
of October 4 we are also taking into consideration the age of the buildings. These buildings
were built prior to 1980. The commercial buildings had roof drains and other non - contaminated
water piped into the sanitary system. After 1980, the PCA changed laws and the MCES required
that separation of storm and sanitary sewers would be necessary.
The Alexander lift station is located at the east end of Meadowview Rd. near Alexander Rd. with
a small drainage area. The main contributor to that lift station is the RL Johnson Stationary
Supply Company. This building has only two sanitary lavatories in it; however, the flow coming
from the building seems excessive for that amount of utility. The RL Johnson building was built
in the 1960's well before the separation law was in effect and is very possible that there is a
combination storm and sanitary water both being put down the sanitary storm line to the
Alexander lift station.
/ 3
Secondary, our next investigation will be the Lone Oak lift station area. This area includes a
mixed use of building sites, apartments, townhomes, single family homes and a few commercial
properties. It is our intent to investigate all buildings within the drainage to the Lone Oak lift
station. The commercial and the apartment areas are relatively new and were constructed after
the 1980 I & I separation law was in effect. We are proposing to do a smoke test that consists of
putting non - lethal smoke into the sanitary sewer and seeing if any of the smoke dissipates
through the roof drains of the building. The single family homes in Country Home Heights and
on Poppler Lane are homes that were built in the 1950's and 1960's. Further research shows that
this area consists of heavy clay soils that are not indusive for drainage through the soil from
heavy rains. Our proposal for this area is not only to do a sump pump inspection, but to also tv
the service lines for possible connections of clear water.
The last area that will be included in our initial study is the Country Hollow lift station drainage
area. Homes in this area were constructed primarily in the 1990's. The increased flow at this lift
station was very soon after the initial rain started which leads the Utility to believe that there is a
high percentage of sump pumps that are being pumped into the sanitary drains within the homes.
Our proposal for this area is to do a sump pump inspection only at this time and not to tv the
services.
After we complete these initial study areas, we will evaluate the information and we will be able
to predict with more certainty the extent of possible violations of sump pumps being placed into
the sanitary sewer and also have an idea of any roof drains on commercial sites that may have
been included into the sanitary sewer system.
After we review this information, we will put together a more extensive program based on age of
construction and soil type to include the remainder of the City of Eagan and to prioritize it so that
we are investigating areas that may have higher incidents of non - compliance.
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/9
PROPOSED ORDINANCE REVISIONS — SUMP PUMPS
Sec. 3.40. Rules and regulations relating to sewer service.
Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings
stated:
A. Sewage means water - carried waste products from residences, public buildings,
institutions or other buildings or premises, including the excrement or other discharge
from the bodies of human beings or animals, together with such groundwater infiltration
and surface water as may be present.
B. Industrial waste means any liquid, gaseous or solid waste substance resulting from any
process of industry, manufacturing, trade or business, or from development of any
natural resources.
C. Sewer system includes all street lateral, main and intersecting sewers and structures by
which sewage or industrial wastes are collected, transported, treated and disposed of;
provided that this shall not include plumbing inside or a part of a building or premises
served, or service sewers from a building to the street lateral.
D. Sewerage service means the use of and benefit from the sewer system, including the
collection, transportation, pumping, treatment and final disposal of sewage.
E. "Clear water" means storm water; natural precipitation; melting snow; ground water{
water flow from a roof, ground surface, subsurface drainage, down spout eave trough,_
rainspout, yard drain, sump pump, foundation drain, yard fountain, pond, swimming
pool, cistern overflow, or any other water that is not required to be treated by state or
federal law.
Subd. 2. Metered water not discharged. If a portion of the water furnished to any
premises is not directly or indirectly discharged into the sewer system, the quantity of
such water shall be deducted in computing the sewerage service charge or rental,
provided a separate meter shall be installed and operated to register the quantity not so
discharged into the sewer system. Provided also, that where it is not practicable to meter
the portion of the water not discharged into the sewer system, such adjustment may be
made as shall be fair and equitable in order to determine the amount of such service
charge or rental; but until such adjustment shall be effected that water consumption
basis hereinbefore prescribed shall remain in full force and effect.
Subd. 3. Classification of industrial wastes. The city shall have the power to classify the
industrial wastes from any lot, parcel of land, building or premises discharged therefrom
into the sewer system of the city, taking into consideration the quantity of sewage
produced and its concentration, strength of river pollution qualities in general and of any
other factors entering into the cost of its disposal, for the purpose of fixing and
prescribing a distinct rate of rental or use charge, should it be found that as to such
sewer uses the water basis consumption does not provide a practicable method in the
premises, but until so determined and such distinct rate fixed, the water consumption
basis hereinbefore prescribed shall remain in full force and effect as to such commercial
or industrial users.
Subd. 4. Deleterious substances. No sewage, including industrial wastes, shall contain
any substance which is deemed deleterious by the city to the operation of the sewer
system or to any plant or facilities used in the treatment or disposal of such sewage. If a
user of the sewer system discharges excessive loads or any deleterious substances
therein which are likely to retard or injuriously affect sewerage operations, he shall
�9
discontinue such practice, and such practice is hereby declared to be a violation of this
section. Each day of such violation continuing after the violator having been notified in
writing by the city administrator to discontinue such practice shall be deemed a separate
violation.
Subd. 5. Unlawful discharge. It is unlawful to discharge any of the following described
wastes into the sewer system:
A. Liquids having a temperature higher than 150 degrees Fahrenheit.
B. Water or waste which contains more than 100 ppm by weight of fat, oil or grease.
C. Gasoline, benzene, naphtha, fuel oil or other inflammable or explosive liquid, solid or
gas.
D. Garbage, except such as has been properly shredded.
E. Ashes, cinders, shavings, feathers, tar or other liquid or viscous substance capable of
causing obstruction to the flow in the sewer system or other interference with the
proper operation of the system.
F. Noxious or malodorous substances capable of creating a public nuisance.
G. geef - water eunclwatef or- afiy - o thor natufak pf wClear Water
Subd. 6. Unmetered water supply. If any premises discharges normal sewage or
industrial waste into the sanitary sewer system, either directly or indirectly, obtains part
or all of the water used thereon from sources other than the city, and the water so
obtained is not measured by a meter of equivalent specifications to the meters used by
the city, then in such case the city shall permit the discharge of normal sewage or
industrial waste into its sanitary sewer system only when the owner of such premises or
some other interested person shall at his own expense installs and maintains for the
purpose of metering such water supply a water meter of equivalent specifications to
those installed by the city in connection with the city water system. Each water meter
shall be installed to measure all water received on such premises, and the above charges
and rates shall be applied to the quantity of water received as measured by such meter.
If, because of the nature of the source of the water supply, the city deems it
impracticable to thus meter the water on any premises, the council may by resolution
establish a flat charge per month in accordance with the estimated use of water on such
premises.
Subd. 7. Size, kind and depth of pipe. The city may prescribe the size, kind and depth of
sewerage service pipe and connections. The minimum size, when placed underground,
shall be four inches in diameter.
Subd. 8. Additional rules and regulations. The council may, by resolution, adopt such
additional rules and regulations relating to placement, size and type of equipment as it,
in its discretion, deems necessary or desirable. Copies of such additional rules and
regulations shall be kept on file in the office of the city administrator, and uniformly
enforced.
Subd. 9. Connections. It is unlawful for any person to uncover, make any connections
with or opening into, use, alter or disturb any public sewer or appurtenance thereof
without first obtaining a written permit from the city. All costs and expenses associated
with the installation and connection to a sewer system shall be the responsibility of the
property owner benefiting from the installation and connection. The property owner
shall indemnify and hold harmless the city from any Toss, claim, damage and /or expense
that may, directly or indirectly, be occasioned by the installation and /or connection of a
sewer service line. All connections to the city sewer system shall be inspected by city
authorized personnel. All excavations necessary for the installation and /or inspection of
sewer service shall be safely and adequately stabilized and protected with necessary
barriers so as to protect the public from any potential hazard. All restoration associated
with the installation of this sewer connection shall be the responsibility of the benefited
user and shall be performed to the specifications of the city.
Subd. 10. Sump Pumps. Any sump pump system in a structure within the city must have a
permanently installed discharge line from the pump that meets the following,
requirements:
a. It must not at any time discharge water into the municipal sanitary sewer
system;
b. It must provide the capability for year -round discharge to the outside of the
structure, to the city's storm sewer system, or to a city street if street drainage
has been approved by the public works director; and
c. It must consist of a rigid discharge line, without any connections for altering
the path of discharge, and if connected to the city's storm sewer line, must also
include a check valve.
Inspections. All inspections provided for in this section must be at times that are
reasonably convenient for ordinary citizens. City staff may apply to the district court for
an appropriate administrative search warrant if a property owner refuses to allow an
inspection of the owner's property.
a. Regular inspections. Within 30 days after written notice from the city, every
person owning improved real estate that discharges into the city's sanitary
sewer system must allow the city or a designated city representative to
inspect the buildings to determine whether there is a prohibited discharge
into the sanitary sewer system. In lieu of having the city inspect the
property, a person may furnish an inspection report in a form acceptable to
the public works director from a licensed plumber approved by the public
works director.
b. Re- inspections. A property that is found to he not in compliance with this
section is subject to re- inspections to confirm that the property is
subsequently brought into compliance. Thereafter, the property is subject
to re- inspections on an annual basis to confirm continues compliance.
Properties that are in compliance may also be subject to re- inspections to
confirm continued compliance.
c. Inspections with building permits. If a city inspector is on a property for the
purpose of inspecting for compliance with a building permit, the city
inspector has the authority to also inspect the property for compliance with
this section.
Corrections. The owner of a property found to be in violation of this section must make
the necessary corrections to comply with this section within the time specified in the
written notification from the city. If the owner fails or refuses to make the required
connections within the specified time, the city may make the necessary corrections and
charge the cost to the property owner. Costs that are not paid maY_becertified for
collection as a special assessment in the same manner as delinquent utility bills.
Surcharges. A monthly surcharge in the amounts specified in Section A of this code will
be added to each sewer and water bill for property where an inspection has not been
allowed or certification provided within 30 days after notice by the city, (h) the necessary
corrections have not been made within the time specified, or (c) there has been a
99 .�-
reconnection of a previously disconnected prohibited discharge when the property is
owned by the same or a related owner who owned the property when disconnection
occurred. A surcharge will be added for every month during which the property is not in
compliance, whether the non - compliance has been for the entire month or a portion of
it. The surcharge for a reconnection will be charged beginning with the month after the
inspection or certification that confirmed the previous disconnection.
Temporary waiver. The City may allow or require a_ temporary___waiver from the
provisions of this section where strict enforcement would cause a threat of damage to
other property, the environment, or public safety because of circumstances unique to
the individual property. A written request for a temporary waiver must be first submitted
to the public works director specifying the reasons for the request. If a waiver is required
or granted, the property owner must pay an additional fee for sanitary sewer services
based on the number of gallons discharged into the sanitary sewer system as estimated
by the public works director. The public works director may terminate the waiver upon a
failure to comply with any conditions imposed in the temporary waiver or may take
appropriate legal action to enforce those conditions. The director must give a 5 day
advance written notice of the termination tothe property owner with the reasons for
the action. After expiration or termination of a temporary waiver, the property owner
must comply with the provisions of this section.
Remedies. The remedies provided in this section are cumulative and do not limit the
_right of the city to pursue any available legal remedy,
Section A. Sanitary sewer monthly surcharges:
Inspection not allowed:
Single family $150
Non - single family $500
_ Correction not made:
Single family $150
Non - single family $500
Prohibited re- connection made:
Single famil $300
Non - single family $1000
/()
City of Eaafl Memo
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JUNE 6, 2009
SUBJECT: ADDITIONAL INFORMATION FOR THE JUNE 7, 2009 COUNCIL
MEETING
RECOGNITIONS AND PRESENTATIONS:
A. Recognize the Eagan 4 of July Committee and Eagan Ambassador Court
Action to be Considered:
To formally recognize the Eagan 4 of July Committee on the success of the many 4 of July
festivities, and to recognize the Eagan Ambassador Court that was crowned this past weekend
Facts:
• The Eagan 4 of July Committee was responsible for the coordination of the Eagan
Funfest, 4 of July Parade, Miss. Eagan Pageant, and the Firework display.
• The event would not have been possible without the hundreds of volunteer hours
provided by the Committee.
• Mr. Raleigh Seelig, Chair of the 4 of July Committee, will be in attendance at the July 7
City Council meeting on behalf of the committee.
• Members of Eagan's Ambassador Court have also been invited to attend the Council
meeting; however, members of the Court, including Kelli Hoveland, Miss Eagan
Ambassador Queen, will be unable to attend as they are in attendance the Lakeville
Royalty Coronation on July 7.
• Additionally, Felecia Boyd ,the outgoing (2008) Miss Eagan Queen Ambassador will be
moving on to represent Eagan in the Minneapolis Aquatennial Pageant beginning July
19.
CONSENT AGENDA:
B. PERSONNEL . The City Administration may add an item that will be presented at the
meeting.
L. STANDARD CONDITIONS OF PLAT APPROVAL — Two typographical errors were
noted in the copy of the updated standard conditions of plat approval that was distributed on
Thursday. Replacement pages are enclosed as pages 3 through .
M,N, and 0 (Fire Station Relocation)
Mayor Maguire has suggested that the three Consent Agenda items pertaining to the Fire
Station Relocation be pulled from the agenda in order to allow staff to provide a brief update
on the purpose of the relocation and the public process that will occur in the coming months.
The update will include:
• Possible Open House for the Public
• Public Process —Role of the APC and City Council as the City becomes the
developer of the property.
• The City's pursuit of grant funding for the project through both Federal Stimulus and
Federal Appropriation grants
NEW BUSINESS:
A. INTERIM USE PERMIT — Maggie Mell — An Interim Use Permit to Allow Boarding of
Horses — The City Attorney had an opportunity to review the letter from Gregory Soule, Mr.
Ramstad's attorney, which is an attachment to this item in the Council packet. Mr. Bauer of the
City Attorney's office spoke with Mr. Soule by phone on July 2. Enclosed on page 5 is a
memo from Mr. Bauer confirming the conversation and indicating that the points noted in Mr.
Soule's letter have been addressed in previous communications by the City Attorney's office
that are included in the packet background.
In addition, Councilmember Hansen had the conversation regarding agricultural health
standards noted in the email enclosed on page 4 . He is suggesting that a condition be
added to the Mell IUP to require documentation of this type of testing. If the Council agrees
with this suggestion, the addition can be noted at the time of action on the item.
Thomas L. Hedges
City Administrator
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall accept its additional financial obligations as
defined in the staff's report in accordance with the final plat dimensions
and the rates in effect at the time of final plat approval.
B. Easements and Rights - of - Way
1. This development shall dedicate 10 -fo:�; ' •. ainage and utility easements
centered over all lot lines and, 10 .! ainage and utility easements
adjacent to all .ublic ri • t-of- in'- ition, where necessary to
accommodate existing or pro. , utilities . . •rainage ways within the
plat. The development sh „ icate easeme ''-.',:,,.r =;.a, sufficient width and
location as determined nec , ks by engineering st. ds.
2. This development hall dedica -';' ,oro ' or financi. • . arantee the
��-
acquisition costs r. a; ,iage, pon. I ",,.. d utility easemen ° in addition to
public street right as requi , by the alignment, depth, and
storage capacity of = q blic u''''-',:,!*, a- s and streets located beyond
the bo I! .; -s of this t as t:, ice or accommodate this
deve .-°',°
3. This a opme ,::-.'shall de • ' to all public right -of -way and temporary
slope e e tima • evelopment of adjacent roadways as
d by .'. ro. s e ional agency.
This de :°;,: !men F. „- 1 dedica a adequate drainage and ponding easements
;, to in acco =% ce •, • . uirements set forth in the latest version of the
's Storm ! ement Plan. .. . - . .. ' . _ . -
lif
C. Plans and S . ec A z < i.. t' ons
1. All public and private streets, drainage systems, and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines, and policies prior to application for
final plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
# keemot / irr -,c.}____________.
3. This development shall ensure that all dead -end public streets shall have a
permanent cul -de -sac or temporary cul -de -sac on stub streets to be
removed upon further extension, constructed in accordance with City
engineering standards. This development shall dedicate, provide, or
financially guarantee the acquisition costs of street easements or public
street right -of -ways as required by the alignment of the cul -de -sac located
within or beyond the boundaries of this plat as necessary to service or
accommodate this development.
4. A separate detailed landscape plan shah submitted overlaid on the
proposed grading and utility plan. Th " ciai guarantee for such plan
shall be included in the Developme , a „� act and shall not be released
until one year after the date of Ci fi w � pliance.
D. Public Improvements
1. If any improvements are t s = instal ., 4 under : 'a contract, the
appropriate public provemen �� associate: ; - itract must be
approved by Co ° N, on prior t. plat approval.
E. Permits
1. This shall : - sp • the quisition of all regulatory
age .ermits;,uired b y prior to final plat approval.
F. Parks and Trai d s � :.
Thi op ;.�< hall fu park and trail dedication requirements as
recomm - ; ;t d b Advisory Parks and Recreation Commission and as
approved ''' ti on . r; Ci Council. action.
G. Tree P . ation a itigation
1. This � r a, , . <` t shall be responsible for preparing a tree preservation
and mit w,_ g for any removal in excess of the allowable limits.
Mitigation shall be in the form of replacement trees, cash equivalent, or a
combination thereof in accordance with the recommendation of the
Advisory Parks and Recreation Commission and as approved by the action
of the City Council.
1. This development shall be responsible for provided a cash dedication,
fe rn
S Severson, Sheldon, Dougherty ft Molenda, P.A.
EVERSON SHELDON
il El D Ea Attorneys 1 Advisors
MEMORANDUM
TO: Jon Hohenstein, Community Development Director
FROM: Robert B. Bauer, City Attorney
DATE: • July 2, 2009
RE: Maggie Mell
Our File No. 206 -28906
Today I had the opportunity to speak with Mr. Gregory Soule, an attorney representing Peter
Ramstad. The purpose of Mr. Soule's call was to review Mr. Soule's letter dated July 1, 2009
addressed to Michael G. Dougherty. I informed Mr. Soule that I had read the letter and found
nothing new in his arguments set forth in the letter. Each of the items has been previously
addressed in either e-mails and/or memos provided to the City staff.
If you have any questions, please do not hesitate to be in contact with me.
RBB/jlt
Email 2009 -07 -06 Gary Hansen -TLH re Mell IUP Application Condition
Subject: RE: Mell IUP Application
Original Message
From: Gary Hansen <garyhansen @lstcounsel.com>
To: Tom Hedges
Sent: Sun Jul 05 22:23:01 2009
Subject: Mell IUP Application
Tom,
I recently communicated with a fellow member of the American
Agricultural Law Association regarding ordinance language for the
keeping of certain livestock within city limits. This individual
drafted an ordinance amendment on the topic for a city in Arkansas.
A provision specific to horses is the requirement for a Goggins test,
which is a simple blood test that checks for Equine Infectious Anemia
(EIA) antibodies. The US Department of Agriculture recognizes the
Coggins Test as the official test for EIA.
According to wikipedia, EIA is a viral disease that infects horses,
ponies, mules, and donkeys. Once infected, the animal is infected
for life. The EIA virus is closely related to the human
immunodeficiency virus (HIV).
EIA is transmitted primarily by bloodsucking insects such as horse
flies and deer flies and, less frequently, by mosquitoes. It also
can be transmitted by blood- contaminated needles or surgical
instruments.
Animal health officials recommend verification that all horses at
breeding farms or boarding facilities have a negative Coggins test
before these services are provided.
I suggest that we consider adding a condition to the Mell IUP
application requiring documentation of a Coggins test. This is
particularly advisable if we decide to allow the applicants to board
horses, but also may be appropriate for the protection of their own
horses, even if they board no additional horses.
Gary