5.1. SR 05-11-2009ITEM: 5.1.
MEMORANDUM
TO: City Council
FROM: Lori Johnson, City Administrator
DATE: May I I, 2009
SUBJECT: Sewer Connection Ordinance
The Elk River Municipal Utilities (ERMU) Commission recently discussed the water
department's connection policy in response to concerns about buildings that have access to
city water but are not connected. In discussing the possible options and action the water
utility may take to address this matter, ERMU asked that the Council review the City's sewer
connection ordinance.
The current sewer connection ordinance has been in place for many years. Staff is not
recommending any change to the ordinance or past practice relating to connections to city
sewer. We have not experienced any issues with the sewer connection ordinance that would
warrant handling this situation any differently than it is currently being handled. The main
focus of the connection ordinance from an implementation perspective is ensuring that the
health and safety issues are addressed promptly. Staff estimates that there are approximately
25 or fewer homes or businesses with available sewer service that have not connected. Those
properties will connect as septic systems fail or do not pass inspection for financing if the
property is being sold. The City does not allow improvements to septic systems on
properties where municipal services are available.
This is a discussion only item for the Council based on a request from the ERMU
Commission. Councilmember Gumphrey also serves on the Utility Commission and will be
able to provide additional insight into the ERMU's request.
Attachments: Elk River City Ordinance Section 78-97, paragraph d
Sec. 78-97. Use of public sewers required.
(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 a public sewer 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 wastewater and the public
sewer is located in a public right-of-way or easement for sewer purposes adjacent to the
property. All future buildings constructed on property adjacent to the public sewer shall
be required to immediately connect to the public sewer. If sewer connections are not
being made pursuant to this subsection, the city shall serve written notice on the affected
property owner stating that if the connection is not made within 90 days after the date of
such notice, the connection will be made by the city 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, 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 improvements. The rights of the city under this subsection shall be
in addition to other remedial or enforcement rights provided under this division.
(Code 1982, § 1300.02(1)--(4))
State law references: Authority to require sewer connections, Minn. Stats. § 412.221,
subd. 31.