Adopt Resolution #20-265 Approving Sanitary Sewer Maintenance and Rain Garden Agreement for River Walk Village; Case of D & N Management, LLC

The purpose of this case is to review a request by D & N Management, LLC to revise previous approvals for the sanitary sewer maintenance for River Walk Village. This case has been updated with final documents. Regardless of policy direction per the request of the Developer for the City to take on maintenance obligations, the attached agreement still needs to be approved. 

When the River Walk Village project was approved, the sanitary sewer plans included a small, private forcemain. due to the . The forcemain was necessary because the topography of the site did not allow wastewater to gravity flow to connect with the existing sanitary sewer. This forcemain is much smaller (2-inch diameter) than the City's existing forcemains, so approval was contingent upon maintenance by the individual homeowners/HOA. The City does not have the appropriate equipment to remove any blockages from the small diameter pipe. The intent of this compromise was for the homeowners to be responsible for regular maintenance of the line. 

Additionally, the Developer proposed a rain garden to meet the requirements of the Lower Rum River Watershed Management Organization. A requirement of that was also to enter into a maintenance agreement. Both obligations have been included in a single agreement. 

Notification is not required. 

Alternatives:

1. Adopt Agreement as Drafted - Follow original approval making individual homeowners responsible for regular maintenance.
2. Approve request to make City responsible for maintenance [agreement would not be required].
3. Compromise and make Homeowners responsible for regular maintenance and removal of any blockages and make City responsible for replacement of pipes as needed [agreement must be ameded to reflect division of obligations]. 

The Applicant is responsible for all costs associated with processing the request. 

Staff recommends that the City approve the final version of the Maintenance Agreement and deny the request for City to agree to regular maintenance.  This is consistent with the original direction of making homeowners responsible for maintenance of this line. Documentation clearly listed out this requirement. That being said, Staff will support either policy direction of the City Council.

Motion to adopt Resolution #20-265 approving final version of Maintenance Agreement and approving/denying request for City to agree to regular maintenance of force main.