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I I I Council Meeting Minutes September 14, 1993 Page 5 Public HearinQ, continued Proper feels that soil movement is a factor in the breakage. Records which were kept when the services were originally installed were lacking and did not include all inspection records. Kay Schaffer, 1650--23rd Avenue, presented a summary from engineering experts who felt the service's design was correct, but the soil and installation may have been a factor. She feels the City should make an exception to its policy requiring property owners to pay for these repairs. Benke asked if it was determined that the failure was caused by incorrect installation, would the City be able to contact the insurance companies who provided liability insurance to the contractor. City Attorney Charlie LeFevere said the statute of limitations has most likely expired and it is unlikely that the City could receive compensation. Benke asked if this particular set of circumstances is unique and could this happen elsewhere in the City. Proper feels this is the worse area he has seen in regards to service depth and condition. He noted that many residents have paid assessments for repairs in accordance with the policy. Williams feels that this should be considered an extraordinary occurrence when 80% of the services in one area fails. Rebelein asked the number of annual sewer repairs in the City. Proper acknowledged that the number of repairs is few, however, a majority of repairs are included in a street improvement project. She asked if this particular situation should be placed apart from other service repairs or is it appropriate to look at a change in policy. Proper said most services fail at the connection point where the homeowner hooks up to the main. Rebelein asked if other service repairs occur because of blockage or use. Proper said most failures become evident due to usage. Rebelein ask if this situation could establish a precedent due to the service's unusual depth. Proper said there are other sewers in the City of this depth or deeper, and it is difficult to draw the line in regards to a policy change. He suspects that as systems get older there will be other failures. Gunderman agreed with Rebelein's concern that this case should be considered an exception. There were no other comments from the audience. Motion by Williams, seconded by Gunderman, to CLOSE THE HEARING. 5 Ayes - 0 Nayes, Motion Carried. Hearing was closed at 9:03 p.m. Public Hearina 23rd Avenue Sewer Repairs Report 93-248