7C. Consideration of approving a cost-sharing plan for sanitary sewer repairs at 413 West Broadway (PID ) (MT/SB)

Transcription

1 City Council Agenda: 02/09/14 7C. Consideration of approving a cost-sharing plan for sanitary sewer repairs at 413 West Broadway (PID ) (MT/SB) A. REFERENCE AND BACKGROUND: City Council is asked to consider authorizing compensation for a portion of the cost of repairs to the sewer service at 413 West Broadway as requested by the property owner. While the city code absolves the City of any liability to repair the sewer service once connected to the property, per City Ordinance, Title VII, Chapter 2, Section 12 - Liability for Repairs (included in supporting data), the property owner believes that their sewer service was compromised during the CSAH 75 Improvements, City Project C. This may be true, but there are several unknowns in making this determination. Staff is recommending paying 50% of the cost in light of the possibility that the damage was caused by construction activity. The property owner requests that the City pay for 75% of the cost. The circumstances leading to the sanitary sewer service problems are detailed below: November 12, 2014: Sewer back up in basement November 13, 2014: Property owner contracted with Roto-Rooter to open up the sewer service. In trying to open up sewer line, their cutter became stuck by going through a collapsed 90-degree bend in the middle of West Broadway located under the median island. November 21, 2014: Property owner contracted with Brenteson Companies Inc. of Big Lake to repair broken sewer service and replace old galvanized water line with new 1 inch copper. Total repair cost was $12,160 (itemized bill included with supporting data). December 8, 2014: Property owner s roommate attended the City Council Meeting and requested the City s assistance in paying for the bill. Council directed City staff to meet with the property owner and come to an agreement on a fair amount of compensation. December 23, 2014: City staff Wayne Oberg and Matt Theisen met with the property owner, the owner s roommate, and Matt Brenteson to discuss the bill. Excluding the replacement of the water service, the sewer repairs totaled $9,250. City staff proposed to the property owner to contribute 50% of the cost of the sewer repair portion of the bill and pay for repairing 14.5 of sidewalk, 15 of curb and landscaping work. The City would allow the property owner to have the option of paying their 50% share of the bill ($4,625) through an assessment agreement over a 5 or 10 year period. An assessment agreement and waiver of hearing would be prepared by Finance Director Wayne Oberg and the homeowner with interest and terms to be determined at that time. January 26, 2015: The property owner requested a 75/25 cost share, with the City covering 75% of the sewer repairs in the amount of $6, and the owner to be responsible for 25% in the amount of $2, with the option to be assessed. This would also require an assessment agreement and waiver of hearing to be prepared as identified above. 1

2 City Council Agenda: 02/09/14 The property owner believes the 90-degree bend that collapsed in the middle of the median island was due to the CSAH 75 Improvement Project in 2002 and all the vibration from ongoing traffic on CSAH 75 over the years. The property owner feels that the City should have replaced the entire service line from the main to their property line instead of only completing spot replacements where excavation was taking place within the project. Under these circumstances, the homeowner feels the City should be responsible for a larger share of the cost of repairs. The City s project in 2002 included replacing sewer services only where it conflicted with other utility work for the project. Had it been known that the service was collapsed prior to the project, then the entire service would have been replaced from the main to the property line at the property owner s expense. Staff s position is that there are several unknowns on why the sewer collapsed and therefore is recommending the City pay 50% of the sewer repair bill totaling $4,625.00, with the remaining 50% assessed to the property owner, based on the following points: The property owner and public works staff do not recall if the service was televised prior to construction; property owners were notified in advance of the project and given the option to have the City televise their service. Assuming it was not televised, as opted by the property owner, we would not have known if there was an existing issue with the sewer service. If it had been televised and the collapsed service was identified, then it would have been replaced. In either case, the cost would have been entirely at the property owner s expense. The sewer line could have collapsed due to vibration from construction equipment from the project; however, the excavation limits of the project were at least 12 feet away from the sewer service. Excavations went to a 9-foot depth and thereby did not reach the 12-foot deep collapsed service located in the current median area. Therefore, it is difficult to determine if vibration could have caused the pipe to crack and/or deteriorate over time and to collapse 12 years later. Approximately 80 services were televised prior to the project construction as requested by property owners. 14 service lines were replaced as part of the project with the entire cost assessed to the property owner. Another property had a service line issue similar to 413 West Broadway which was identified by televising the service, at the request of the owner, prior to the project. That property was assessed over $5,000 for the repair. Therefore, it is likely that, had the collapsed service been identified at the time of the project, the property owner would have been assessed approximately $5,000 in This amount is in line with the proposed $4,625 cost share that is recommended for the property owner for the current sewer repairs. It should be noted that Public Works has a documented process for televising and repairing service lines in conjunction with recent street construction projects to assist in addressing these potential issues in the future. 2

3 City Council Agenda: 02/09/14 It should also be noted that Roto Rooter s cutter was not the cause of the collapsed pipe as determined recently with televising the sewer service and main line. A1. Budget Impact: An amount of $4,625 is requested to cover 50% of the cost of the sewer repair at 413 West Broadway. This amount could be funded from the Sewer Fund, Miscellaneous Professional Services budget. The sidewalk/curb repair and shrub replacement in the median is estimated at $400 and could be taken from the Sewer Fund, General Operating Supply budget. A2. Staff Workload Impact: Staff time to date includes 16 hours locating and inspecting on the project and another estimated 16 hours to replace the sidewalk and curb and to plant shrubs in the median. B. ALTERNATIVE ACTIONS: 1. Motion to approve a 50/50 cost sharing agreement with the property owner at 413 West Broadway for the sewer line repair, to authorize payment of $4,625 to Brenteson Companies, and to direct staff to replace the sidewalk and curb and plant shrubs in the median at an estimated cost of $400. Under this option, Finance Director Wayne Oberg is authorized to prepare an assessment agreement and waiver of hearing with the property owner to assess the property in the amount of $4,625 with interest and terms to be determined. An assessment agreement would be brought back to Council for adoption by resolution. 2. Motion to approve a 75/25 cost sharing agreement with the property owner at 413 West Broadway for the sewer line repair, to authorize payment of $6, to Brenteson Companies, and to direct staff to replace the sidewalk and curb and plant shrubs in the median at an estimated cost of $400. Under this option, Finance Director Wayne Oberg is authorized to prepare an assessment agreement and waiver of hearing with the property owner to assess the property in the amount of $2, with interest and terms to be determined. An assessment agreement would be brought back to Council for adoption by resolution. 3. Motion to deny a cost-sharing agreement between the City and property owner for the sewer service repair at 413 West Broadway. C. STAFF RECOMMENDATION: Based on the reasons noted above, City staff recommends Alternative #1, for approval of a 50/50 cost share for the sewer line repair at 413 West Broadway and authorize city staff to replace the sidewalk and curb and plant shrubs in the median in the spring of 2015 at an estimated cost of $400. If the property owner prefers to be assessed for her share, 3

4 City Council Agenda: 02/09/14 Council should authorize the Finance Director to prepare an assessment agreement and waiver of hearing with the property owner. D. SUPPORTING DATA: A. Sewer service layout of 413 West Broadway B. City Code : Liability For Repairs C. Utility Excavation Permit to Brenteson and inspection record dated 12/11/2014 D. Itemized bill from Brenteson for the sewer/water repairs at 413 West Broadway E. 50/50 cost sharing proposal for the sewer repairs at 413 West Broadway F. 75/25 cost sharing proposal for the sewer repairs at 413 West Broadway G. Assessment Roll for CSAH 75 Improvement, City Project No C H. Assessment Roll for 2010 Street Reconstruction, City Project No. 10C001 I. Standard Detail Plate for Typical Service Connection for RCP Sanitary Sewer J. Photos of sewer and water repair work at 413 West Broadway K. Excerpt of City Council Minutes from 12/8/14 4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22