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• <br />COUNCIL MINUTES SEPTEMBER 23, 1996 <br />Council Member Kuether asked if Mr. Lease could produce any documentation that his lot was <br />unbuildable in 1983, when the first perk test was performed. Mr. Lease said that he could not. <br />He added that Mr. Zerxes had recently informed him that a home should never have been <br />constructed on that site. <br />Council Member Kuether attempted to establish whether or not Mr. Lease is claiming that the <br />City issued a building permit for his site in error. Mr. Lease explained that as laypeople he and <br />his wife placed confidence in all who should have been knowledgeable about residential <br />construction, and is seeking help from the City. Council Member Kuether stated that <br />responsibility would have to be determined prior to pursuing a solution. <br />Council Member Neal asked about the cost to connect to sanitary sewer. Mr. Lease stated that he <br />was informed it would cost approximately $10,000 to connect. <br />Council Member Lyden asked when the Leases purchased the land on which their home was <br />built in 1987. Mr. Lease responded that the land was purchased the same year. <br />Council Member Lyden asked if the Leases had knowledge of the perk test performed in 1983. <br />Ms. Lease said that they did not. The 1983 test results were produced by Mr. Kluegel upon <br />request by the Leases. <br />Ms. Lease read from a letter written by Mr. Zerxes in which he stated that "...this drain field is in <br />noncompliance with current State regulations regarding separation from a water table. State <br />regulations regarding separation from the water table have been unchanged since the inception of <br />the State Code in the late `70s." <br />Council Member Lyden requested an opinion from Mr. Hawkins, who responded that he would <br />require additional information prior to making a statement in connection with this issue. <br />Mayor Landers suggested that this matter be placed on the agenda for the next Council work <br />session and, during the interim, additional information be gathered to allow for an informed <br />decision. <br />Council Member Kuether requested an estimate of the assessment for connection to City sewer. <br />Mr. Lease reiterated that he was not willing to pay the assessment. <br />Ms. Lease stated that Mayor Landers had informed her that upon installation of utilities along <br />Marvy Street the Leases would have to switch to that service location. Mayor Landers explained <br />that he was given that information, based upon elimination of the backyard easement making for <br />ease of sale of the property in the future. Mr. Ahrens indicated a possibility that assessment <br />could be based upon a smaller lot area, thus reducing the amount. In any event, Council would <br />have to approve such an arrangement. <br />