February 7, 2006 CCP - Laserfiche WebLink

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the property owners' construction firm and inspected and maintained by the City. The C tyAFp Engineer would work with the owners' engineer with regard to some mechanical functions. Regardless of cost, it would be the responsibility of the then turn it over to the City, property owners to pay the costs and Councilmember Conlin asked if there was an analysis done to charge the sam Systems. She suggested taking a look at what the appropriate e as for the 201 amount will be for maintaining this system after construction if it goes forward. The Planner said Superintendent Bouthilet can look at it. M/S/P, Johnson/Johnston, To approve the plan for wastewater treatment to serve the Austad, Pierre, and Hurt properties per plans staff dated January 12, 2006 subject to the recommendations of the City Forester (landscape screening) and the City Engineer (system design). The property owners will pay the entire cost of the system and City construction inspection costs, and agree to pay City wastewater fees in an amount to be determined and in water systems, conditional the same manner as properties connected to the City's 201 waste upon a written agreement with the property owners and the City prior commencement with construction. The Administrator said the owners will not have to pay for the use of the park land. Councilmember DeLapp said they should have to pay whatever the land is worth. Councilmember Smith said she thinks these property owners were unsuspecting victims. Now we are trying to solve a problem in the best way possible without getting Oakdale sewer. Rave Austad Mr. Austad said they did not know the problem with the land when they bought it. The Council could have gotten the other land by eminent domain but they didn't do it. At some point he and his neighbors are going to run out of money.. This plan is more costly than going to Oakdale for sewer. Councilmember DeLapp said they should get rid of the mounds in the front yards to bring them back into the character of the neighborhood. Mr. Austad said MN Rule 7080 says they have to follow rules for abandonment of a septic system. If it costs $50,000 to change the yard, they may not be able to do it. The Mayor asked the City Attorney whether they could include a land charge and forgive it in the future. Mr. Austad would not object. Councilmember DeLapp said that part of the cost was land acquisition when we built 201's. We should incorporate the park land into the costs here. In the event the lawsuit is successful, the damages could be incorporated. Mr. Rooney, Mr. Austad's attorney, said they cannot contrive to add fees to this lawsuit. Provisional costs would complicate the situation. Councilmember Conlin called the question. VOTE: 4:1 Nay-DeLapp. The City Attorney will come back with the agreement for Council review and approval prior to construction. Lake Elmo City Council Minutes of January 17, 2006