8.2. SR 08-15-2016 clty
Elk Request for Action
R.iVer
To Item Number
Mayor and Ci Council 8.2
Agenda Section Meeting Date Prepared by
General Business August 15, 2016 Justin Femrite, P.E., City Engineer
Item Description Reviewed by
Highland Road Sewer and Water Connection Cal Portner, City Administrator
Reviewed by
Action Requested
Discussion on collection of interest fees from property owner at 12095 Highland Road.
Background/Discussion
This item is brought before the Council at the request of Councilmember Burandt.
The property owner is requesting the city provide the incentive for their connection to the public sewer and
water systems on Highland Road that was in place for connections made before January 1, 2016. The
incentive offered between December,2012 and January, 2016,waived the interest on the outstanding sewer
and water assessment.
The current payment required on this assessment is the original$15,000,plus interest calculated from 2006,
for a current total of$20,158. The incentive dropped the interest charge for connections made before
January, 2016, saving the property owners $5,158.
Letters were sent to all qualifying property owners of this incentive in December of 2012 and a reminder
letter was sent in October of 2015 with direction of the City Council on October 5, 2015.
Dennis & Patricia Gorman claim they never received those letters because they have not been living at the
property and stated it is a rental property. Neither letter was returned as undeliverable. The property is not
legally licensed as a rental property. The addresses for courtesy letters were cross-referenced with the rental
license database. If licensed, the owner's current address would have been noticed.
This is the same owner name and address that was on file and used for all of the notices sent out during the
original Highland Road project in 2006 when the services were made available. From that date, they
presumably would not have had any expectation of a savings for the incentive.
The Council discussed the sunset provision of the incentive on October 5, 2015, and unanimously approved
(4-0, Council Member Westgaard was absent) to end the program per ordinance.
Financial Impact
The sanitary sewer fund will receive $5,158 less revenue if direction is given to waive the interest charge.
Attachments
■ Excerpt of minutes (Item 8.1) from City Council meeting on October 5, 2015
POWERED 6T
Template Updoted 4/14 INAWRE]
City Council Minutes Page 2
October 5, 2015
4.6 Hire Jason Ames as wastewater treatment systems operator at step B
of pay grade 6 effective October 26, 2015.
4.7 Hire John Legatt as maintenance mechanic at step A of pay grade 6.
Motion carried 4-0.
No one appeared for Open Foram.
Mayor Dietz read the proclamation.
Moved by Councilmember Burandt and seconded by Councilmember Olsen
to proclaim October 4-10, 2015, as Public Power Week. Motion carried 4-0.
Z
Mayor Dietz read the proclamation.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to proclaim October 1 — 10, 2015, as Minnesota Manufacturces Week. Motion
carried 4-0.
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz
closed the public hearing.
Moved by Councilmember Olsen and seconded by Councilmember Wagner
to adopt resolution 15-61 to vacate a roadway easement. Motion carried 4-0.
Mr. Leeseberg stated the applicant has withdrawn their applications for a preliminary
plat, final plat, and a conditional use permit.
Mr. Beck indicated it is not necessary to conduct a public hearing since the
application has been withdrawn.
8.1. Ordinance 78-5 Sunset on Payment and Assessment for Connections
Ms. Fischer presented the staff report.
City council Minutes
October 5, 2015
Page 3
Mayor Dietz felt property owners were given ample time to hook up and doesn't
think it is fair to those who have hooked up if the city doesn't make the others hook
up. He would like to have a discussion with Attorney Beck regarding enforcement,
Attorney Beck explained current enforcement is by way of not issuing permits for
new or failing septic or wells and requiring connection at time of sale.
Mayor Dietz stated he was on the Council when the city water and sewer was
installed in the Highland area and he didn't think it was fair for those people not to
be forced to hook up as other developments were not given the option to wait.
Councilmember Wagner questioned what happens after the sunset date. Mayor Dietz
explained property owners will no longer receive city assistance and will be
responsible for financing the connections on their own.
Councilmember Burandt questioned what action a property owner has to take before
the sunset date in order to qualify for the incentive program. Mr. Femrite indicated a
petition would need to be submitted by November 15 in order for staff to process
the paperwork and certify it with Sherburne County.
Councilmember Burandt expressed concern with forcing property owners to hook
up in this time of economic hardship. Mayor Dietz stated a majority of these
property owners were supposed to hook. up years ago and have had ample time to
comply. He added the city initiated this incentive program in hopes of assisting
property owners with the connections.
Councilmember Wagner questioned how many property owners responded to the
recent reminder. Ms. Fischer stated -a few have responded but the response is much
lower than staff had hoped. Mr. Femrite indicated he been contacted by less than
10% of the remaining property owners.
Moved by Mayor Dietz and seconded by Councilmember Wagner to
terminate the incentive program for the payment and assessment for
connections as scheduled on December 31, 2015. Motion carried 4-0.
Mr. Adams presented the staff report,
Mayor Dietz provided some additional background explaining it is difficult to serve
on a commission of three. He stated he would like to have the option for two
Councilmembers to serve on the commission. Attorney Beck indicated language
allowing for up to two Councilmembers would need to be included in the legislation.
Mayor Dietz would also like to make it a policy for at least one person on the
commission to be serviced by city water.