2.2 ERMU 12-12-2023 - Laserfiche WebLink

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Commissioner Westgaard inquired as to whether there was a hardship in this case which would validate an exception to the rules. There was discussion. Mr. Hanson shared that staff had sought bids to perform the work which ranged from $5,200-$17,000, showing that there are contractors who are willing to perform the work. He added it was the staff's position that the work would best be done now in a controlled environment as opposed to emergency work being done due to a leak. Chair Dietz shared his opinion that staff should provide the estimates to the requester so that they can employ a contractor to do the work. Mr. Harvala shared concerns over the number of underground utilities at the site that could be impacted during the process of capping at the main. Mr. Harvala shared his understanding that during the deconstruction of a home that occupied the property in 2005 the utilities did not require the line to be capped at the main adding the line was only discovered during the construction project. Mr. Harvala expressed Cornerstone Auto and Heritage Construction's preference to compromise by providing ERMU with $8,000 to perform the work and take on the liability. There was discussion. Commissioner Stewart shared her preference to follow staff's recommendation to have the property owner take responsibility for capping the line at the main. Commissioner Bell expressed concern about the potential plight of the property owner if the rules were not followed by the Utilities when the house was demolished in 2005. Mr. Shepherd noted that the Commission appears to be lacking information on the history of the property, adding that an exception should only be made if there is evidence that warrants it. Mr. Shepherd continued that if historical information is the basis of appeal the burden of proof should be on the property owner, adding that with a policy in place there must be a justifiable reason to change practice. Mr. Shepherd noted that whoever employs the contractor takes liability for their work. Commissioner Stewart suggested allowing the property owner to provide evidence of the circumstances they explained. Mr. Hanson asked Mr. Shepherd if it is generally the case that the property owner accepts the liability for the property when they purchase it. Mr. Shepherd responded that is generally the case. Commissioner Zerwas stated his preference to follow current rules as written unless the property owner can show previous rules were not followed by ERMU, at which point he would be inclined to re-evaluate the circumstances. Elk River Municipal Utilities Commission Meeting Minutes November 14, 2023 Page 3 34