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74 <br />COUNCIL MEETING MARCH 8, 1993 <br />REGULAR AGENDA <br />OPEN MIRE <br />Martha Slater, 7515 Patti Drive - Mrs. Slater explained that she <br />appeared under open mike two (2) weeks ago and the City Council <br />asked that she meet with staff to discuss her malfunctioning <br />septic system. She has met with staff and they recommended that <br />she pursue a particular financial plan with her bank. Mrs. <br />Slater did contact her bank but found she does not qualify. She <br />is unable to obtain a home improvement loan because she does not <br />have enough equity in her home and is unable to get the original <br />septic installer to accept any responsibility. <br />It was noted that the Pete Kluegel, Building Inspector contacted <br />the original septic installer and he and Mr. Kluegel visited Mrs. <br />Slater's property. Since the septic system functioned.until <br />equipment was brought into her yard to provide drainage away from <br />the house, the septic installer feels that the original septic <br />system did not fail because of his workmanship and does not feel <br />he has any financial liability. <br />Mayor Reinert asked Mrs. Slater if she purchased her home through <br />a real estate agent and was a disclosure provided for the septic <br />system. Mrs. Slater explained that the real estate agent is no <br />longer in real estate and since the septic system was functioning <br />at the time she purchased her home, a disclosure was not <br />prepared. Mayor Reinert said he understood that she went to <br />mediation regarding a problem with the property and was awarded a <br />settlement in the amount of $3,800.00. Mrs. Slater said this <br />settlement was for another problem. Mayor Reinert asked Mrs. <br />Slater what she wanted from the City? He also asked if anyone <br />had checked with the Building Department prior to her purchase of <br />the property to obtain a septic system certification. Mrs. <br />Slater said this had not been done. <br />Mr. Hawkins explained that from a legal prospective, there is <br />some responsibility with the former property owner to provide a <br />disclosure on the property. However, since the septic system was <br />functioning and the year of the purchase was a very dry year, <br />there appears to be no need for a disclosure statement. Also <br />there does not appear to be any responsibility on the part of the <br />City. <br />Council Member Kuether asked if there is a process where the City <br />can repair the septic system and then assess the Slater property? <br />Mr. Hawkins suggested that caution should be used in such a <br />process, because if the new system should fail because of high <br />water or other damages are incurred during the construction <br />PAGE 2 <br />1 <br />1 <br />