2.2. SR 08-25-2004Item ~ 2.2.
MEMORANDUM
TO:
FROM:
Pat Klaers, City Administrator
Terry Maurer, City Engineer~
DATE:
August 18, 2004
SUBJECT: Sanitary Sewer and Water Service Connections
Attached is an exhibit I prepared for Bryan Adams regarding neighborhoods in the city that
have had sewer and water extended into them and therefore, were under a timeline by city
ordinance to connect to the sewer and/or water systems.
I have also previously talked with Chris Johnson, City Attorney, to get a legal perspective on
what the current city ordinance allows in cases where properties do not connect to the city
sewer and water system within the required time. Attached also is a highlighted section of
the city code which Chris returned to me and explained that there are two remedies currently
within the ordinances. The first remedy in Ordinance Sections 78-32 and 78-97 allows the
city to give written notice if a property does not connect to sewer and/or water within the
two-year period. The written notice would require the homeowner to connect within 90
days. If the property owner does not connect to the utility within 90 days, the city has the
right to make the connection and charge the owner. If the owner does not pay, the city has
the right to special assess the cost against the particular property. I believe that Chris and I
both agree that this seems like a "police power" that the city would likely not use, based on
past history.
The second remedy for non connection that the city code lays out pertains to only the water
utility and is in Section 78-34 which allows for properties that have not connected within the
two-year requirement to be charged a water availability charge and a water connect charge
along with a monthly user charge. The monthly user charge is in an amount established by
the City Council or the Public Utilities Commission.
Hopefully, this information will give some background for the City Council and Munidpal
Utilities Commission to discuss this issue further.
S:~PLANNING\Teny Maurer\08 18 04 memo PK.doc
78-31
ELK RIVER CODE
ity unless and until the city council
determines on a case-by-case' basis
that connection to the water utility.
is necessary to protect the public
health, safety and welfare or to oth-
erwise comply with applicable law.
b. All other buildings, shall be required
to connect to the city water utility
within two years of the date of.adop-
tion of the ordinance from which this
article is derived.
(Code 1982, § 1304.00)
State law reference-Authority to require connection to
water system, Minn, Stats. § 412.221, subd. 31.
Sec. 78-32. Notice to connect; installation of
connection by city.
The owner of any building required by section
78-31 to be connected to the ~ utility
shall cause the building to be connected to the
water utility at the ~ as required.
made within 90
Such assessment, includ-
ing interest at the legal rate for local improve-
ments, shall be certified to the county auditor and
collected and remitted to the city in the same
manner as assessments for local improvements.
The rights of the city under this section shall be in
addition to other remedial or enforcement rights
provided by this Code or other applicable law.
(Code 1982, § 1304.02)
State law reference-Authority to so prOvide, Minn.
Stats. § 412.221, subd. 31.
Sec. 78-33. Rates and charges generally.
There are established in the a~j~.~~~;
-'-.~ ~-- .... ~~ Water aveul-
ability charges are due and payable at the time
property served by the water utility is final plat-
ted into buildable lots. Water connection charges
are due and payable at the time of connection of a
building to the water utility, or at the time con-
nection is required to be made to the water utility
pursuant to section 78-31. User charges and rates
are due and payable in such amounts and at Such
times as required by the public utilities commis-
sion. Each charge and/or rate shall be in the
amount established by duly adopted resolution of
the city council or the public utilities commission.
(Code 1982, § !304.04)
State law reference--Public utilities commission to fix
water rates, l~Iinn~ Stats. § 412.361, subd. 4.
Sec. 78-34. Applicability of charges.
All properties connected to the city water util-
ity shall abide by the rules and regulations of the
public utilities commission and shall Pay all ap-
plicable water availability charges, water connec-
tion charges, user charges and rates established
by the city council and/or the public utilities
commission.
__ ~slon.
Secs. 78-35---78-70. Reserved.
ARTICLE IH. SEWERS AND SEWAGE
DISPOSAL*
DIVISION 1. GENERALLY
Secs. 78-71--78-90. Reserved.
*Cross reference--Solid waste, ch. 58.
CD78:4 ~
§ 78-96 ELK RIVER CODE
tion. Sampling methods, locations, times, dura-
tion and frequencies are to be determined on an
individual basis subject to approval by the city.
(Code 1982, § 1300.02(16))
Sec. 78-97. Use of public sewers required.
(a) It shall be unlawful for any person to place,
deposit, or permit to be deposited in any unsani-
tary manner on public or private property within
the city, or in any area under the jurisdiction of
the city, any human or animal excrement, gar~
bage er other objectionable waste. Generally ac-
cepted gardening and agricultural practices are
not prohibited by this subsection.
(b) It shall be unlawfi~l to discharge to any
natural outlet Within the city, or in any area
under the jurisdiction of the city, any sewage or
other polluted waters, except where suitable treat-
ment has been provided in accordance with the
provisions of this division.
(c) Except as provided in this division, it shall
be unlawful to construct or maintain any privy,
privy vault, septic tank, cesspool or other facility
intended or used for the disposal of sewage.
(d) The owner of any building or property
which is located within the city and from which
wastewater is discharged shall be required to
connect to ~ at his expense within
two years from the date the public sewer ~is
operational, provided that the public sewer is
within 300 feet of the structure generating waste-
water and the public sewer is located in a public
right-of-way or easement for sewer purposes ad-
jacent to the property. All future buildings con-
structed on property adjacent to the public sewer
shall be required to immediately connect to the
public sewer.
within 90
Such assessment,
when levied, shall be a lien against the property
and shall bear interest at the legal rate for local
improvements and shall be certified to the county
auditor and collected and remitted to the city in
the same manner as assessments for local im-
provements. The rights of the city under this
Subsection shall be in addition to other remedial
or enforcement rights provided under this divi-
sion.
(Code 1982, § 1300.02(1)--(4))
State law reference--Authority to require sewer connec-
tions, Minn. Stats. § 412.221, subd. 31.
Sec. 78-98. Repair of service connections.
Whenever any service connection becomes
clogged, obstructed, broken or out of order, or
detrimental to the use of the public sewer, or unfit
for the purpose of drainage, the owner shall
repair the connection or cause such work to be
done as the city may direct. Each day after 15
days that a person neglects or fails to so act shall
constitute a separate violation of this section, and
the city may then cause the work to be done and
recover from such owner or agent the expense
thereof by an action in the name of the city.
(Code 1982, § 1300.02(19))
Sec. 78-99. New connections prohibited un-
less sufficient capacity is avail-
able.
New connections to the public sanitary sewer
system shall be prohibited unless sufficient capac-
ity is available in all downstream facilities, in-
cluding capacity for flow, BOD and suspended
solids.
(Code 1982, § 1300.02(21))
Sec. 78-100. Special agreements for accep-
tance of industrial waste.
Nothing in this division shall be construed so
as to prevent any special agreement or, arrange-
ment between the city and any industrial concern
whereby an industrial waste of unusual strength
or character may be accepted by the city for
treatment, subject to payment therefor by the
industrial concern, in accordance with applicable
ordinances and any supplemental agreement with
the city, providing that national categorical
pretreatment standards and/or state disposal sys-
tem permit limitations are not violated.
(Code 1982, § 1300.02(23))
CD78:10
ElkBAver
Municipal Utilities
13069 Orono Parkway
Elk River, MN 55330
phone: 765.441.2020
Fax: 763.441.8099
August 16, 2004
To:
Elk River City Council
Elk River Municipal Utilities Commission
From: Bryan Adams
Subject:
Water Service Connection Areas
When waste water and water utilities are installed in established areas, the City Council
would often times give customers a two year grace period to connect or sometimes there
would be no connection time frame at all. Enclosed is the following information for your
review.
1) A map of Elk River reflecting the year when sewer/water improvements
were made.
2) Section 102 Water Service Connections of our Water Rules. This section
reflects when connecting to the water system is required. This section was
adopted on April 10, 2001 when the city codes were modified and updated.
My research indicates the Elk River Municipal Utilities did not address requiring
customers to connect to the water system before April 10, 2001, although the city had
such requirements for sewer connections. The Elk River Municipal Utilities cannot go
back farther than April 2001 and require customers to connect. From a practical
perspective, it is very difficult to force customers to connect and even track customers
who have not connected.
Because private wells present the largest risk of contaminating municipal wells, it is in
Elk River Municipal Utilities best interest to eliminate as many private wells as possible
and have customers connect to the municipal water system. Connecting to the Municipal
Water System will cost in the area of $3500 to $6000 for the average residential
customer. Customers who do not connect to the municipal water system receives an
immediate benefit from an increase in fire protection.
Possible alternatives to get customers to connect to the municipal system are as follows.
1) Continue current policy of voluntarily connecting to the water system.
2) Elk River Municipal Utilities arranges installation along with paying for
construction and makes a special assessment against the property. This is the
current written policy but the least desirable.
3) Charge customer as if connected to water system.
4) Fine customer for not connecting to water system.
5) Tie into building permit system, thereby require property owner to connect
to water system when a building permit is required.
6) Require connecting to water system when property is sold. (Again, this may
be difficult to enforce).
We ask for your input on this issue.
102
WATER SERVICE CONNECTIONS
WATER RULES
CONNECTION TO MUNICIPAL WATER SYSTEM
The following buildings shall be required to be connected to the city water system at current fees and
rates: (Unless City Council by resolution establishes other time parameters for specific developments)
1) Alt buildings connected to the water system on the date of adoption of these rules shall
remain connected to the water system for so long as the building is occupied or used for any
purpose.
2) All buildings constructed in the future on property which water utility service is available at
the time a Certificate of Occupancy is issued for the building shall be required to connect to
the water system prior to occupancy.
3) All buildings constructed in the future on property to which water utility service becomes
available following legal occupancy of the building shall be required to connect to the water
utility as follows:
a) All residential buildings with one or two residential units shall be required to connect
to the water utility within two (2) years from the date water utility service becomes
available to the property or the date the property is assessed for water utility
improvements, whichever is later.
b) Alt other buildings shall be required to connect to the water utility within ninety (90)
days from the date water utility service becomes available to the property.
4) All buildings existing on the date of adoption of these rules on property to which water utility
service becomes available in the future shall be required to be connected to the water utility
as follows:
a) All residential buildings with one or two residential units shall be required to connect
to the water utility within two (2) years from the date the water utility service
becomes available to the property or the date the property is assessed for water
utility improvements, whichever is later.
b) All other buildings shall be required to connect to the water utility within ninety (90)
days from the date water utility service becomes available to the property.
5) All buildings existing on the date of adoption of these rules on property to which water utility
service is available but which has not been assessed for water utility improvements shall be
required to connect to water utility as follows:
a) All residential buildings with one or two residential units shall be required to connect
to the water utility within two (2) years from the date the water utility service
becomes available to the property or the property is assessed for water utility
improvements, whichever is later.
b) All other buildings shall be required to connect to the water utility within ninety (90)
days from the date water utility service becomes available to the property.
6) All buildings existing on the date of adoption of these rules on property to which water utility
service is available and which has been assessed for water utility improvements, but which
are not connected to the water utility, shall be required to connect to the water utility as
follows:
a) All residential buildings with one or two residential units shall not be required to
connect to the water utility unless or until the Elk River Municipal Utilities
determines on a case by case basis that connection to the water utility is necessary
to protect the public health, safety and welfare or to otherwise comply with
applicable law;
b) All other buildings shall be required to connect to the city water utility within two
years of the date of adoption of these rules.
5
CONNECTION TO MUNICIPAL WATER SYSTEM continued
7) All buildings not connected to the city water system, and where the city water system is
available, that request waste water service shall also connect to the city water system.
8) All buildings not connected to the city water system, and where the city water is available,
where their well is in need or replacement or extensive repair, shall connect to the city water
system.
OWNER OR CITY TO MAKE REQUIRED CONNECTION
The owner of any building required to be connected to the city water system shall cause said building to
be connected to the water system at the owner's expense as required. If required connections to the
water system are not being made pursuant to this paragraph, the Elk River Municipal Utilities shall serve
written notice on the affected property owner stating that if connection is not made within ninety (90)
days after the date of said notice, the connection will be made by the Elk River Municipal Utilities at the
expense of the owner and that if unpaid, the charge for such work will be made a special assessment
against the property concerned. Such assessment, including interest at the legal rate for local
improvements, shall be certified to the County Auditor and collected and remitted to the City in the same
manner as assessments for local improvements. The rights of the Elk River Municipal Utilities / City
under this paragraph shall be in addition to other remedial or enforcement rights provided by the City
Code of Ordinances or other applicable laW.(Adopted April 10, 2001 by the Utilities' Commission)
SERVICE REQUESTS
Any person, firm or corporation desiring a connection with the municipal water system of the Elk River
Municipal Utilities shall apply through a licensed plumber at Elk River Municipal Utilities, at 322 King
Avenue. 24-hour notice prior to tap is required.
The applicant shall state the location of the premises for which a water service is desired, designated by
street, lot and block, name of owner, size of the tap required and the kind and size of service pipe to be
used.
A connection may be disallowed if all terms of abandonment of service covered by Water Rules have not
been complied with.
SERVICESTANDARDS
The "service" shall be part of the piping extending from the main in the street, including the corporation
cock, to the meter within the building. This shall be installed by a licensed plumber at the expense of the
property owner and remains the property of the owner.
Supply for the individuals and for individual premises shall be taken from the common or public supply in
the mains only through service pipes.
Each service shall include a corporation cock, supplied and installed by the Elk River Municipal Utilities
,or a person or company approved by Elk River Municipal Utilities, and charged to the plumber. An
inverted key stop cock, rod and a stop box with a telescoping top section as approved by Elk River
Municipal Utilities must be installed in utility easement, or as directed the by General Manager.
Elk River Municipal Utilities personnel will inspect the tap in all cases. The excavation site must be large
enough for Elk River Municipal Utilities excavation trench box to be installed in the hole for the protection
of Elk River Municipal Utilities personnel as required by OSHA.
Each service shall enter the building served thereby at a point readily accessible at all times, and as
close as possible to the point of service from the main.
A stop valve (ball type) shall be installed on each water service pipe at a point designated by the Elk
River Municipal Utilities, usually adjacent to the meter and shall supply no more than one premise unless
conditions make it impossible and inadvisable in the judgment of the Elk River Municipal Utilities General
Manager.
Water service shall be placed at least six (6) feet in depth below grade and seven and one half (7½) feet
beneath the street, throughout their length.
6
CITY
PARK
t3L~SI
ORONO
I AREAS OF SEWER/WATER IMPROVEMENT PROJECTS WITH THE YEAR
YEAR[ CONSTRUCTED
AREA WHERE SEWER AND/OR WATER IS AVAILABLE lF PROPERTY CHOOSES TO
HOOK UP
N
178TH
177TH
175TH
172ND
HILLSIDE
CiTY PARK