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Mr. Schwartz provided an overview of this topic that the City Council had <br /> requested the PWETC review and make recommendations of any revisions <br /> regarding ownership of water/sewer laterals and related liability. <br /> Current Policy <br /> • Ownership lies with property owner from city main to building <br /> • City participates in sewer wye replacement as a part of the private <br /> repair/replacement <br /> • Property owner hires contractor to repair or replace <br /> • Sewer connection at main (wye) is a frequent source of problem <br /> Discussion included a definition of the sanitary sewer connection (Type A) at the <br /> main with service connection off to the side; the necessity of digging up the entire <br /> line for repairs; with the City performing the street patch if on a city jurisdiction <br /> roadway, whether asphalt or concrete, at cost to the homeowner and to City <br /> standards. <br /> Mr. Culver noted this was the reason staff strongly encouraged residents, during <br /> any construction and/or mill and overlay work on their street if they've had any <br /> issues at all with backups or drains indicated during televising of that line, that <br /> they hire the City's utility contractor at that time to replace their service line while <br /> the street is dug up to avoid that additional cost to the homeowner and the City <br /> ending up with a patch on a newly rehabilitated roadway. <br /> At the request of Member Lenz, Mr. Schwartz advised that in newer developed <br /> areas or with newer homes, it was more likely that better and more <br /> technologically advanced materials had been used for the laterals. However, in <br /> neighborhoods with varying ages of homes, or those having sewer work done in <br /> the late 1950's and 1960's, those lines were clay the and at that time service <br /> laterals were stubbed out beyond the existing roadway and in most cases of clay <br /> the as well. Mr. Schwartz advised that those materials are now creating the <br /> problem due to root intrusion at the joints and subject to collapse if the line was <br /> not embedded in sand properly. <br /> In ownership considerations of the laterals, Mr. Schwartz advised that some cities <br /> take responsibility to the property line, and in Minnesota municipalities are <br /> protected to some degree under the discretionary immunity statutes provided a <br /> municipality has done due diligence in cleaning/inspecting lines, a city is then not <br /> liable for damages from backups from its mainlines. If there is a history of <br /> backups in a particular segment of the main and a municipality doesn't take steps <br /> to correct that issue by repairing or replacing it, a city would eventually become <br /> liable for the back-up damages. <br /> However, Mr. Schwartz noted that it becomes more difficult maintain the sewer <br /> lateral from the main to the property line; it could be a grey area when the backup <br /> occurred in the service lateral; or how to determine where it occurred and how to <br /> Page 4 of 19 <br />