HomeMy WebLinkAboutCC Report Subsurface Sewage Treatment Systems Ordinance Amendment THE CITY OF
LJA K E ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE:12/6/2016
CONSENT
ITEM#: 9
AGENDA ITEM: Subsurface Sewage Treatment Systems Ordinance Amendment
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
During the October 11, 2016 Council Work Session, the Council and Washington County Public
Health Department Staff discussed necessary changes to the Subsurface Sewage Treatment
Systems Section of Chapter 51: Waste Water Treatment Systems, of the City Code in order to
bring it in to compliance with state rules. A recommended ordinance amendment has been
prepared for review.
ISSUE BEFORE COUNCIL:
The Council is being asked to consider a text amendment to Chapter 51: Waste Water Treatment
Systems, of City Code.
PROPOSAL DETAILS/ANALYSIS:
The Staff Report from this work session is attached for reference, explaining the recommended
changes. The City Attorney has also reviewed the ordinance and concurs that the City's provision
that requires Subsurface Sewage Treatments Systems (SSTSs) that serve two or more properties
to be designed by a registered professional engineer conflicts with Minnesota Rules Part
7082.0100, subpart 3, as this rule prohibits the City from requiring additional local licenses,
registrations, certificates or other similar professional credentials to perform SSTS work.
Additional revisions have been made to the ordinance's language for clarity.
FISCAL IMPACT:
If the City chooses to adopt a current ordinance which meets current standards established in
Minnesota Rules Chapter 7082, the City can contract with the county to administer the City
ordinance. This includes reviewing all installation inspections as well as other associated
functions. Specifically, variance requests would be considered by the City.
Alternatively, as outlined below, the City may choose to repeal Section 51.002 of the City Code,
in which case the Washington County Subsurface Sewage Treatment System ordinance would take
City Council Meeting 1216116 Consent Agendo Item#9
effect within the City, and variance requests would be considered by the County, with the
exception of variances for certain setbacks and zoning requirements, which would be considered
by the City.
OPTIONS:
The City Council may:
• Approve the recommended ordinance amendment as part of tonight's consent agenda.
• Remove the item from the consent agenda to discuss then approve the ordinance
amendment unchanged.
• Remove the item from the consent agenda to discuss then approve the ordinance
amendment unchanged.
• Direct staff to choose to repeal Section 51.002 of the City Code.
• Deny the ordinance amendment.
RECOMMENDATION:
Staff respectfully recommends the City Council approve the recommended changes to Chapter 51:
Waste Water Treatment Systems as it pertains to Subsurface Sewage Treatment Systems as part
of tonight's consent agenda by approving Ordinance 08-159.
If the item is removed from the consent agenda, then the following motion is recommended:
"Move to approve Ordinance 08-159 approving amendments to Chapter 51: Waste Water
Treatment Systems as it pertains to Subsurface Sewage Treatment Systems."
If approved, the Council may adopt Resolution 2016-104, authorizing summary publication of
Ord-159:
"Move to adopt Resolution 2016-104, authorizing summary publication of Ordinance 08-."
ATTACHMENTS:
• Ord 08-159 Amending Subsurface Sewage Treatment Systems
• Resolution 2016-104 Summary Publication of Ord 08-159
• October 11, 2016 Council Work Session SSTS Ordinance and County Services Staff
Report
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