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City of <br />Elk -�- <br />River <br />REQUEST FOR ACTION <br />TO <br />ITEM NUMBER <br />Mayor and City Council <br />6.2 <br />AGENDA SECTION <br />MEETING DATE <br />PREPARED BY <br />Work Session <br />August 13, 2012 <br />ustin Femrite, P.E., City Engineer <br />ITEM DESCRIPTION <br />REVIEWED By <br />Private Utility Service Connection Options <br />John Cunningham, Fire Chief <br />REVIEWED BY <br />Cal Portner, City Administrator <br />ACTION REQUESTED <br />Discuss options to get private properties with city services currently available connected to the public <br />sewer and water systems. <br />BACKGROUND /DISCUSSION <br />At the April 2, 2012, meeting, the Council approved an ordinance to allow existing users of the public <br />sewer system the ability to have repairs to their service lines, which are deemed a public safety hazard <br />according to our policy, assessed against their property. The ordinance was adopted to assist property <br />owners with the costs of unplanned/ emergency service line repairs. Since its adoption, five property <br />owners have already taken advantage of the new program. <br />The ordinance was intended to assist property owners that are already connected to the public sewer <br />system. Staff was further directed to seek options to connect all properties to available public utility <br />services. There are currently about 90 properties that have both sewer and water available but are not <br />connected. There are also about 105 properties that are connected to either sewer or water but not both. <br />Sections 78 -21 and 78 -97(d) of the Elk River City Code require all properties with access to sewer and <br />water services to be connected to the public systems within 2 -years of said utility availability. There are <br />about 195 properties in violation of this ordinance. <br />After an option is chosen, the code should also be amended to specifically state that any property <br />required to be connected to water and sewer which seeks to connect to one utility shall be required to <br />connect to both utilities at the same time. <br />Staff has developed the following list of options to bring these properties into compliance. <br />Option 1: City Installation <br />Section 78 -22 of the City Code authorizes the city, after 90 days written notice, to make connections and <br />assess the cost to the property as a special assessment. Parallel language in Sec. 78- 97(d), authorizes the <br />city to also make sewer connections and assess the costs. <br />The city would send notices to the unconnected properties and if the connections are not made within 90 <br />days, the city would make the connections for the property owners and assess the costs. This option <br />raises a number of issues, including potential liability related to the city entering private property, digging <br />N Y <br />