Minutes - 2013/11/25 - Laserfiche WebLink

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Mounds View City Council November 25, 2013 Regular Meeting Page 2 Hearing no public input, Mayor Flaherty closed the public hearing at 7:03 p.m. 1 2 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8172 3 Approving the 2014 Fee Schedule. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 B. 7:00 p.m. Public Hearing to Receive Public Input and Pass Upon Resolution 8 8173, Adopting a Special Assessment Levy for Unpaid Private Sewer Service 9 Repairs at 2508 County Road I. 10 11 Finance Director Beer recommended the Council take public comments and approve a 12 Resolution that would adopt a special assessment levy for unpaid private sewer service repairs at 13 2508 County Road I. He explained the repairs at this property were completed in February of 14 2013. He reported City Codes states that each property owner shall be responsible for 15 maintaining an unobstructed sewer line from the building located on the premises to the sewer 16 main. In addition, each property owner shall be responsible for all repairs on said line from the 17 building to the sewer main. 18 19 Finance Director Beer reported that a public hearing notice was sent to the property owner as 20 required by statute and was published in the Sun Focus on November 7th. He stated the property 21 owner has the option of paying the amount due by November 25th, to avoid interest. The 22 property owner has not made a payment to the City. For this reason, staff was recommending the 23 Council hold a public hearing, take comments and adopt a special assessment levy for the unpaid 24 private sewer service repairs at 2508 County Road I. 25 26 Mayor Flaherty opened the public hearing at 7:08 p.m. 27 28 Kevin Staunton, speaking on behalf of Rajiv Garg, the owner of Woodlawn Apartments, noting 29 his client objected to the City’s assessment on the property. He encouraged the City to rethink 30 the current sewer service policy. He recognized the City had the authority to divide 31 responsibility on utility lines between property owners and the City. 32 33 Mr. Staunton discussed the history of the sewer line break problems at the Woodlawn 34 Apartments. He noted there had been several problems with the utility lines at this property and 35 Mr. Garg had paid the past assessments. However, the event that took place on February 14th of 36 2013 was different. He explained the water line to a duplex across the street broke which then 37 triggered problems with Woodlawn Apartments sewer line. Repairs were made to the sewer 38 service line after calls were made to the City. 39 40 Mr. Staunton indicated the damage to the sewer lines was caused by the water problems at the 41 duplex and were not normal wear and tear. The damage was out of Mr. Garg’s control and for 42 that reason, he should not be held responsible. He then discussed the configuration of the sewer 43 line, noting the duplex across the street was tied into the lateral rise or stack. He explained that 44 the bulk of the damage was caused at the rise or stack. This damage was not exclusively carrying 45