Council delays vote on mandatory sewer-connection ordinance; asks for softer language and legal review

The Preston City Council on Tuesday discussed but did not adopt revisions to its mandatory sewer-connection code, instead voting to table the draft ordinance while staff and the city attorney refine language on penalties, reimbursements and legal exposure.

Councilman Chris Larson summarized the draft changes before council: the ordinance would require connection to sewer when a line becomes available, waive the $7,500 connection fee for a one-year window, and include a reimbursement provision of up to $5,000 to properties asked to connect. Larson said there are about 144 homes inside city limits that currently do not have sewer connections and estimated the city's exposure depending on policy choices.

"There's about 144 homes within Preston City limits that do not have a connection to the sewer," Larson said, estimating the city's potential cost if the city absorbed reimbursements and fees. He described the draft as an attempt at middle ground after earlier council discussion.

Several council members said they supported extending the connection window to one year but opposed the $5,000 reimbursement and a misdemeanor penalty tied to noncompliance. One councilor asked to replace mandatory phrasing with softer language; the city attorney recommended using "shall" for mandatory requirements and "may" for permissive language, warning that "should" is ambiguous in ordinance drafting.

Council concerns included: whether all 144 households actually have a sewer main available now (staff said no), the legal risk of charging owners a monthly sewer fee if they do not connect, and the fiscal impact of waiving fees. Staff said some cities use ordinances to begin charging a monthly sewer fee for properties that refuse to connect once sewer is available, but warned the council to avoid converting a fee into an impermissible tax; any revenue must remain in the sewer enterprise fund.

Council members discussed alternatives: waive only the city connection fee for a one-year window and not provide a $5,000 reimbursement; make connection strongly encouraged rather than mandatory; and remove criminal penalties such as the misdemeanor fine from the code. Several council members asked staff to confirm legal standing with the Idaho Association of Cities and to review relevant case law.

At the end of the discussion Councilman Chris Galla moved to table the ordinance so staff could soften mandatory language, remove the $5,000 reimbursement and the misdemeanor penalty and get additional opinion from the city attorney and other legal resources; the motion was seconded and passed on a voice vote. Staff will return a revised draft for further consideration.