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Agenda - Planning Commission - 02/05/2009
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Agenda - Planning Commission - 02/05/2009
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Meetings
Meeting Document Type
Agenda
Meeting Type
Planning Commission
Document Date
02/05/2009
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<br />City Attorney Goodrich stated that this ordinance was introduced at the last meeting and <br />concerns home foreclosures and the ability of the City to shut off municipal water service to the <br />properties. He stated that there was a concern about number 7 at the last meeting. He stated that <br />this language was taken from an ordinance that the City of Coon Rapids uses and the intent was <br />to enable the City to shut off water at the curb, if there is some unforeseen situation that is not <br />covered. He noted that Coon Rapids has very seldom used this item. <br /> <br />Councilmember Look stated asked if this is just for a property that is already vacated. <br /> <br />City Attorney Goodrich stated that it is generally vacated, but there could potentially be, someone <br />in it, which is very unlikely. He stated that it is illegal to occupy a property without water. <br /> <br />Councilmember Elvig stated that his concern was that if the City is garnering more controls, he <br />can see a foreclosure situation where people want to stay and are being forced out and the City <br />then comes andtums off the water. He stated that he does not want to be a part of that situation. <br />He stated that if the homes are condemned and should not be lived in; he thinks that should <br />happen fust. He stated that he would hate to get caught in the situation where the City does not <br />think people should be living there, so the City is going to shut off their water. <br /> <br />Councilmember Dehen stated that the problem he sees with the vacant house and the water not <br />being shut off, is winter and the pipes bursting and causing a lot of problems. He stated that he <br />does not see this as punitive, but to ensure that type of thing does not happen. He stated that it <br />gives the City a tool to have a safety valve, not as a punitive measure to force people out. <br /> <br />City Attorney Goodrich stated that it is intended to protect the public utility and more water <br />going into the house that could destroy it completely. <br /> <br />Councilmember Look stated that there was a situation in Mi1l1leapolis where the landlord had cut <br />off heat and the tenants used a generator and ended up dying as a result of that. He stated that he <br />is okay with this as long as the property has been vacated. <br /> <br />Councilmember Elvig stated that he is not disputing the ordinance but does not want an <br />overzealous Council that says these people need to go, so, let us shut off the water. <br /> <br />Councilmember Dehen stated that it says the property has to be vacant and other utilities have to <br />have already been shut off. He stated that it is not just the City going in and making the <br />determination that it will shut the water off. <br /> <br />City Attorney Goodrich stated that the way it is worded the City can shut it off "if any of the <br />following conditions exist", not all of the conditions. He stated that he thinks this needs more <br />review because he is hearing some hesitancy from the Council. <br /> <br />Councilmember Strommen stated that she hears the concerns, but she agrees with <br />Councilmember Dehen that this is meant to be protective, not to throw people out of their homes. <br /> <br />City Council / November 25, 2008 <br />Page 14 of 24 <br /> <br />P22 <br />
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