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LAKE ELMO CITY COUNCIL MEETING, OCTOBER 7, 1980 Councilman Pott called the meeting to order at 6:40 u.m. Councillors in attendance: Morgan, Mottaz, Novak, and Armstrong (6:45) LEGION POND: The Council reviewed the petition from Thomas Deck, William Peterson, and Rodney Toft to fill their lots and do all work necessary to make their septic systems workable, according to City standards, They asked. the Council to construct the improvement and assess the cost against their property. Mr. Burgoyne and Mr. Collyard, petitioners on: the test well project, did not sign the current petition, Mr, Collyard stated he is interested in fill the City has available; but will do his own improvement. The petitioners said they prefer fill work only, since their septic systems are not presently endangered as are Burgoyne's and Collyard's. They would be willing to have their systems improved if problems arise after the fill has settled. ..Engineer Boh!r.er questioned filling without septic improvements. Bohrer asked about the City's responsibility if these systems should fail this winter. He said oncethe fill is in place the current systems will not conform to City standards; and technically, all five systems are in violation of the Code. One petitioner asked what the City's position is on the Burgoyne house, which is presently empty because of their failed septic system. Armstrong said the City will check the failed system and condemn it, if necessary; to prohibit living in the house until the system is improved. Morgan suggested the test wells be pumped and the perc rates checked, because he still believes pumping the pond might help. Pott agreed with Morgan's suggestion and said the project should be ordered assuming that the septic systems will be upgraded, The Council agreed, Armstrong moved, seconded by Mottaz, to adopt R-80-56, ordering: 1, the improvements on lots 8, 9, and 10, Mvron Elman Subdivision; 2, the Engineer to begin all studies and take all bids to implement the filling project, Depending on the amount of fill available at the City landfill, 1/4 of the amount will be allocated to Collyard, with the remaining fill distributed equally among the petitioners. Additional fill will be purchased if the City fillis not adequate or if a less expensive source is available; 3. the filling process to. begin immediately upon acceptance of a low bidder (for hauling and/or supplying fill); 4. the Engineer to check the three systems within 7 months and determine what additional -work may be.neeessary'to bring the septic systems and drainfields into compliance with the City Code; 5, an agreement to be signed between the City and the petitioners before any work is begun holding the City harmless from any liability that may arise out of the project or failure of any septic tank or drainfield. Motion carried 5-0.