Friday, December 12, 2008
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College asks city to take over sewer line

Line includes 22 homes on Campus View Drive

LCC representative seeks a 'win-win-win' situation

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[December 12, 2008]  Tuesday night at the Lincoln City Council workshop meeting, Ed Plumier appeared, representing Lincoln Christian College and the 22 homeowners living on Campus View Drive. His goal was to find a "win-win-win" answer to the dilemma of the sewer system there.

InsurancePlumier recalled that it was nearly a year ago when LCC attorney Rick Hobler visited the council with a request for the city to take over maintenance of the Campus View Drive sewer lines. At that time, it was stipulated that the city would have to inspect the lines before the request could be considered.

The inspection required that each homeowner sign a waiver holding the city blameless if damage to the sewer occurred. Plumier explained that many of the homeowners were reluctant to sign the waivers, and it took nearly 10 months for the college to get all the signatures.

During the discussion that followed, it was agreed that most of the current property owners probably were not aware when they purchased their homes that the sewer line has always been a private line, with each property owner responsible for maintenance and repair costs on the portion that connects their property. Adding to their confusion is that everyone gets a sewer bill from the city.

The college originally put in the sewer line. Homes were built later and added to that line. At first it was faculty members who bought the homes and lived there, but now some of the homes have been sold several times over, and the knowledge or understanding that it is a private line was lost.

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City engineer Mark Mathon reported to the city council at the Nov. 25 meeting that the attempt to televise the sewer lines resulted in several problems, including a root ball, a 45-degree angle not properly installed and a sewer tap that was protruding into the line, resulting in a situation that would have certainly damaged city equipment had they tried to navigate around it.

Additionally, there have been several permanent structures built over portions of the sewer line.

The city codes stipulate that for a sewer line to be added to the city works, it must be in good working order. This line has issues that, according to Mathon and wastewater treatment manager David Kitzmiller, could prevent it from being added to the city system.

During the Tuesday night meeting, Plumier said that he realized and understood that the city was probably not going to be willing to take over the sewer lines in the state they are now, but he posed the question: "I'm wondering, is there something else that can be done, something in between, some way that this could be a win-win-win situation for the city, the 22 homeowners and LCC?"

After Plumier finished addressing the council, many of the members offered answers and comments on some of the subjects he had spoken on.

Mayor Pro Tem Marty Neitzel reminded Plumier that even if the city did take on the sewer, there was still going to be a portion that was the responsibility of each homeowner, and if the problems with the sewer are on their property, the homeowner will always be responsible.

She later stated that if the sewer were repaired, the city would be willing to look at the request again in the future. Exemptions could be made for where structures were built over it, putting responsibility on the property owner.

Alderwoman Melody Anderson explained that in regard to the sewerage fees, even though the line didn't belong to the city, it did connect to the city system, and the sewage from Campus View Drive is delivered to the city's treatment plant and treated the same as any other.

Neitzel asked Kitzmiller if he could shed any light on the situation. He said that he had spoken with Plumier only that afternoon and at this point really didn't have any answers for them.

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Kitzmiller added, though, that when looking to see if there is indeed a middle ground where the city can work with these homeowners, it needs to be understood by the council that this would likely lead to similar requests for agreements with other privately owned sewer lines.

Alderman Buzz Busby suggested that a simple answer might be for the homeowners to pitch in a certain amount each and then pay to have the entire line cleaned out. He said that it would benefit everyone.

City attorney Bill Bates noted that the problems with the sewer cannot all be solved with a cleaning. Portions of the line are not constructed properly and may need to be rebuilt.

Bates also suggested that the homeowners should look to the Illinois Drainage Code to guide them in determining who is financially responsible for what portion of the repairs.

He concluded that, right now, he does not see a solution that would involve the city taking over the sewer lines.

Kitzmiller said he thought Plumier understands that the city isn't going to take over the line but would like for there to be an agreement where, for a fee, the city would go in and clean the line when it backs up.

Plumier added to those comments, saying that the city could ask for a waiver holding them harmless if damage occurred during the cleaning. He said that he really wanted to be able to offer the homeowners something.

He expects that the council will vote no to taking over the line, and he wants to be able to go back to the homeowners and tell them to just hang on, that they are working on something else.

Kitzmiller suggested that "the council could go ahead and vote and say we have enough information; we're not going to take this sewer over, but we can continue to think about something outside the box that will assist."

Plumier said he would be fine with that answer.

The matter will be voted on at Monday night's meeting, and per suggestion from Alderman Verl Prather, may go to committee for the purpose of determining if there is indeed anything else that the city can do to assist the residents of Campus View Drive.

[By NILA SMITH]

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