6.2. SR 08-13-2012City of
Elk -�-
River
REQUEST FOR ACTION
TO
ITEM NUMBER
Mayor and City Council
6.2
AGENDA SECTION
MEETING DATE
PREPARED BY
Work Session
August 13, 2012
ustin Femrite, P.E., City Engineer
ITEM DESCRIPTION
REVIEWED By
Private Utility Service Connection Options
John Cunningham, Fire Chief
REVIEWED BY
Cal Portner, City Administrator
ACTION REQUESTED
Discuss options to get private properties with city services currently available connected to the public
sewer and water systems.
BACKGROUND /DISCUSSION
At the April 2, 2012, meeting, the Council approved an ordinance to allow existing users of the public
sewer system the ability to have repairs to their service lines, which are deemed a public safety hazard
according to our policy, assessed against their property. The ordinance was adopted to assist property
owners with the costs of unplanned/ emergency service line repairs. Since its adoption, five property
owners have already taken advantage of the new program.
The ordinance was intended to assist property owners that are already connected to the public sewer
system. Staff was further directed to seek options to connect all properties to available public utility
services. There are currently about 90 properties that have both sewer and water available but are not
connected. There are also about 105 properties that are connected to either sewer or water but not both.
Sections 78 -21 and 78 -97(d) of the Elk River City Code require all properties with access to sewer and
water services to be connected to the public systems within 2 -years of said utility availability. There are
about 195 properties in violation of this ordinance.
After an option is chosen, the code should also be amended to specifically state that any property
required to be connected to water and sewer which seeks to connect to one utility shall be required to
connect to both utilities at the same time.
Staff has developed the following list of options to bring these properties into compliance.
Option 1: City Installation
Section 78 -22 of the City Code authorizes the city, after 90 days written notice, to make connections and
assess the cost to the property as a special assessment. Parallel language in Sec. 78- 97(d), authorizes the
city to also make sewer connections and assess the costs.
The city would send notices to the unconnected properties and if the connections are not made within 90
days, the city would make the connections for the property owners and assess the costs. This option
raises a number of issues, including potential liability related to the city entering private property, digging
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trenches to install water and sewer lines, and punching holes through basement walls to connect the lines.
It is very likely that enforcement of the code, per this option, would not be received favorably by any of
the property owners.
A better alternative would be to allow the property owner to contract for the work and have the cost
assessed to the property. This option was suggested earlier this year when Council authorized the
assessment of repair costs. The Council declined to amend the code to allow initial connection costs to
be assessed. However, this issue could, perhaps, be reconsidered as a better alternative than the city
hiring contractors to make private utility connections.
Option 2: Charge /Levy Availability and User Charges to Unconnected Properties
Section 78 -42 of the City Code authorizes the city to charge unconnected properties which are required
to be connected the applicable water availability/ connection charge and a monthly user charge in an
amount established by the City Council or the Public Utilities Commission. There is no parallel
provision for sewer connections. We recommend adopting parallel language authorizing sewer
availability/ connection charges and user fees charged to unconnected properties which are required to be
connected to sewer.
The action steps for Option 2 would be: (a) Amend the City Code to authorize sewer charges be levied
to unconnected properties; (b) send a letter to all unconnected properties required to be connected
advising them that water and sewer availability/ connection charges and assumed usage charges will be
levied beginning in 90 days; and (c) levy and collect the charges and fees.
Option 3: Combination of Options 1 and 2
A combined approach would be to amend the City Code to authorize sewer availability and user charges
to unconnected properties and once that is in place: (a) Send a letter to all unconnected properties
required to be connected advising them that the applicable water and sewer connection charges will be
levied beginning 90 days from the date of the letter unless arrangements are made within that time period
to connect the property to water and sewer; and (b) if an ordinance amendment is adopted to allow the
assessment of costs for private water and sewer connections, the letter could offer that alternative; and,
(c) the letter could go on to state that if the connection is not made the city will make the connection and
assess the costs to the property.
Option 4: Utility Connection on Property Sale
Approve a code amendment mandating that any property required to be connected to public utilities is
connected prior to sale of the property. To make such an ordinance effective, the city would record a
Notice of the Ordinance against all unconnected properties requiring connections so buyers and lenders are
on notice of the requirement and the connections are therefore made at the time of sale.
Option 5: Continue Past Practice
Eliminate the section of the code requiring properties to connect to sewer and water within two years of
service availability. Those not connected would remain on their own septic or well until one or both fail.
At that time, they would be required to connect to public sewer and water. This option requires the least
amount of enforcement and staff time.
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FINANCIAL IMPACT
There is no financial impact associated with the discussion of this item.
ATTACHMENTS
None
Action Motion by Second by Vote
Follow Up
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