Agenda - Council - 04/27/2010 - Laserfiche WebLink

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Observations• Contained within the above information there does appear to be discrepancies related to municipal utility connections, both within City Code itself and compared to City Charter. At the work session a majority of the Council thought the Charter Commission should undertake a review of this matter and provide comments to rectify. Staff felt this issue could be resolved with amendments to City Code, to ensure consistency with the Charter, and could be handled at the Council level. The main point of contention is the concern that the City could force municipal utility connections on residents. The intent of the proposed ordinance (and code revisions) is to clarify that the City is not trying to force such utility connections, but is strictly trying to protect the health and safety of the general public. There also appeared to be some concern with regard to the Charter language of "functional" systems. Some Council members feel that inconsistencies may still exist and the language is not quite clear enough on the intent of the City with regard to forced utility connections, therefore a resolution is attached to this case for Council consideration. This resolution requests the Charter Commission to review this matter and provide their input on whether the language within Charter should be revised to clarify the City's stance on municipal utility connections. City Code Section 4.70 defines anon-functional system as an on-site private system which does not comply with Chapters 7080 (sewer) or 4725 (water) of Minnesota Rules. This section was added to Code as a means of ensuring that the provisions of the City Charter related to sewer and water project ware adequately enforced, and reinforced in Code. Minnesota Rules determine a system to be non-functional if one or more of the following conditions apply: 1) Sewage discharge to surface water; 2) Sewage discharge to ground surface; 3) Sewage backup; or 4) Any other situation with the potential to immediately affect or threaten public health safety. If any such conditions apply then the system constitutes an imminent threat to public health or safety and, if not repaired, must be upgraded, replaced, or its use discontinued within ten months of receipt of the notice or noncompliance, or within a shorter period of time if required by local ordinance. City Code Section 113-23 (d) (2) references under what conditions a notice of noncompliance will be issued: a) A failed individual sewage treatment system (ISTS) shall be upgraded, replaced, or repaired in compliance with MN Rules Chapter 70$0, as applicable within one (1) year of the date of notice of noncompliance. The Department will give consideration to weather conditions as compliance dates are established; b) An ISTS posing an imminent threat to public health or safety shall be upgraded, replaced, or repaired within ten (10) months of the date of noncompliance; c) When the ISTS is determined to be failing at the point of sale or transfer of property; d) The owner shall submit to the Department an acceptable replacement plan within twenty (20) days after notification by the Department. The replacement plan shall identify the location and design of the ISTS and a schedule for its replacement. Failure to submit and execute an acceptable replacement plan is a violation of this Section.