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MSD asks commissioners to allow small structure in sewer easement, approve annual fee adjustments and internal budget reallocation
Summary
Metropolitan Sewer District officials told commissioners they recommend an exception to let a small kiosk remain slightly inside an MSD easement at a new Kroger gas station; the board approved the easement exception, annual fee updates and a $1.25 million internal reallocation within MSD's operating budget.
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Metropolitan Sewer District officials asked the Board of County Commissioners on Oct. 23 to approve three items: an exception to allow a small structure to remain inside an MSD easement at a newly built Kroger gas station, the annual adjustment of MSD fees and charges for 2026, and a $1,250,000 internal operating‑budget reallocation.
MSD staff told the board the kiosk at Reed Hartman and Cornell Road sits slightly within a 20‑foot easement but is not above the sewer line and presents low risk to MSD operations. MSD recommended approving an exception that would permit the structure to remain provided the current and any future owner or tenant accepts responsibility for any sewer damages linked to the structure.
MSD also placed its routine annual fee adjustment on the record. The department said its rules tie fee updates — for permits, tap‑in fees and other charges — to the Engineering News‑Record cost index, which showed roughly an 8% increase over the previous year; the adjustments will take effect Jan. 1, 2026.
Finally, MSD sought a reallocation of existing budget line items totaling $1,250,000 (about 0.5% of its operating budget) to cover personnel and other projected needs through the end of the year; the staff emphasized no new appropriations were requested and the total budget would remain near $241 million.
Board action: Commissioners approved items 3, 4 and 5 (MSD easement exception; notification of annual fees and charges adjustment; and the $1.25 million operating reallocation). The approval included authorization for MSD to execute the easement‑encroachment agreement that protects MSD’s access and operations while holding current and future property owners financially responsible for damage caused by the structure.
Ending: Commissioners advised MSD to coordinate with development services and urged clear public guidance for property owners about easements and build‑over restrictions.

