City says no to sewer request

Iola Council members won't allow a property on the outskirts to tap into the city's sewer system without being annexed first.

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April 27, 2021 - 10:04 AM

Iola City Council members will not allow a property owner on the outskirts of town to tap into the city’s sewer system, without voluntarily allowing the city to annex the property first.

The unusual request became the topic du jour in an otherwise light meeting agenda Monday.

At issue is a request from J.D. Harris, who has a failing septic system at 518 S. Ohio St. The property lies just beyond Iola’s city limits, Assistant City Administrator Corey Schinstock explained.

The property is too small for the state to allow the landowner to install a new septic system, coupled with the fact the property is within 400 feet of Iola’s sewer lines, leading to the request.

There are two reasons for the reluctance to annex the property, and it’s not necessarily the property owner who is hesitant, Schinstock explained.

Rather, Schinstock suggested  granting sewer access but not pursuing annexation because of potential nuisance and code violations associated with the property if it were to be included within city limits.

“There’s not a lot to gain,” he said. Secondly, the property is not directly connected to the city limits. Bringing it in would require an “island annexation.”

“If we don’t get the property to the north, it’ll be a mess,” Schinstock said. “To be honest, our boundaries are kind of a mess, anyway.”

City Councilman Carl Slaugh did not share Schinstock’s opinion, noting Iola’s municipal code specifically prohibits property owners from tying into the sewer system without voluntarily submitting to annexation.

“Every time we depart from municipal code, we set a precedent,” Slaugh said. “I think we should stick with it.”

Other Council members also gave their points of view. 

Ron Ballard said he recognized both sides of the argument, noting it puts the property owner in a bind, but he too was hesitant to set a precedent leading to similar requests elsewhere.

Gene Myrick didn’t carry a hard line, calling approval without annexation “win-win”

“I can understand Carl’s point on the municipal code ordinance,” he said. “Yet, we’re here to serve the public and help the public if we can. If we don’t do something they’re going to lose a home.”

“They could annex in,” Ballard replied.

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