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Howard R. Green Company <br /> May 30, 2001 <br /> File: 230000M-0325 <br /> <br />Item ~ 4.7. <br /> <br />Honorable Mayor and City Council <br />City of Elk River <br />13065 Orono Parkway <br />P.O. Box 490 <br />Elk River, MN 55330-0490 <br /> <br />RE: DIANE MCGARTHWAITE SEWER ISSUE <br /> <br />Dear Council Members: <br /> <br />As requested by the City Council, staff has further investigated the McGarthwaite sewer issue <br />and discussed options for solving the problem. As background, the following is a chronological <br />order based on City files and facts provided by Ms. McGarthwaite. <br /> <br />· Sewer is installed in the summer of 1992. Air test is performed on the sewer June of 1992. <br />· McGarthwaite home hooked up to sewer in April 1994. <br />· Sewer functions normally until Christmas Eve Day 1996 when first backup is experienced. <br />· Minnegasco televises sewer line and indicates to Ms. McGarthwaite there is structural <br /> damage. <br />· Big Jon's Construction excavates sewer service but is unable to find structural damage. <br /> Installs new cleanout. Charges for this work $678.25. <br />· Minnegasco televises line again and makes recording showing structural damage that Big <br /> Jon's Construction was unable to find. Structural damage appears to be in the right-of-way <br /> very near or just under the street. <br /> <br />Attached to this letter is a copy of correspondence wdtten to Mayor Klinzing by Ms. <br />McGarthwaite on March 4, 2000. Also attached is a typed summary provided by Ms. <br />McGarthwaite at the May 21, 2001, City Council meeting. <br /> <br />When staff discussed the options available to solve this sewer problem, the dilemma we face is <br />the City Ordinance is very clear that the sewer and water services are owned by the property. <br />The City and Municipal Utilities take responsibility for the main lines in the street but the <br />services are considered to be the property owner's for purposes of maintenance and operation. <br />The reverse dilemma is that the video tape prepared by Minnegasco clearly shows structural <br />damage that is very likely not a result of any actions by the home owner. However, the fact that <br />the line was installed and tested in 1992, hooked up to in Apdl 1994, and operated without <br />problems for better than 2% years until December 1996 would indicate that the structural <br />damage is not a result of any action by the City's contractor who installed the initial sewer lines <br />and service stub to the McGarthwaite property. Finally, the McGarthwaite sewer line is <br />approximately seven feet deep in the boulevard area. Any activity by small utility companies in <br />this area would only be in the range of 3% feet deep. Again, it is highly unlikely that activities <br />burying small utilities in the boulevard area would have caused the structural damage shown on <br />the videotape. <br /> <br />O:\PROJ~230000M\0325~Ltr 05-24-01 Council.doc <br /> 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 <br /> <br /> <br />