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LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 5, 1980 -3- <br />DAN COLLYARD - LEGION POND: Therefore, Collyard system should be <br />given the same time frame as Mr. Burgoyne, 90 days, <br />to meet the conditons in the ordinance. Burgoyne <br />and Collyards were two cases where the Lity knew <br />a health hazard existed. A letter was sent to all <br />the residents, except Burgoyne and Collyards, stating <br />they had until July 1, to up -grade their systems <br />unless a health hazard arises before July 1, 1981, <br />A letter was sent to Burgoyne and Collyard stating <br />they had 90 days to up -grade their systems because <br />of the known health hazard. Mr. Collyard is requesting <br />the same 7 month consideration that was given the other <br />residents. <br />Armstrong, asked Mr. Collyard if his toilet is .functional. <br />Mr. Collyard responded yes. During the last four years <br />he has built dikes and filled his property to keep his <br />system functioning. Pott said, since Collyard was not <br />given the same directive as Burgoyne as the last meeting, <br />his status should not change. The Administrator said <br />his concern is that the City has been accused of con- <br />tributing to Collyards health hazard; and, that if <br />the City does not enforce_' the ordinance without some <br />agreement from Collyard that he will assume the lia- <br />bility for the next 7 months, this will reinforce the <br />pending legal action against the City. The City is <br />under the impression that the suit alleges that the <br />City has created the situation that is causing Collyard <br />the problem with the sewer system in his home. The <br />Administrator said, since the.Cipy was aware that the <br />Collyard sewer had backed up in the home that this was <br />a health hazard, the same as Burgoyne's, the City should <br />require Collyard to meet the same provisions as Burgoyne. <br />Novak asked Collyard if it were true that the sewer <br />backed up into his basement. Mr. Collyard said that <br />wash water backed up and would not drain; but, this was <br />during a heavy rainfall. All the water would wash down <br />into the culvert and into the septic tanks. As long <br />as it isn't raining and since he has the water pushed <br />back (via filling) there is no problem. Armstrong said <br />the Council must have misunderstood since at times.he <br />has'told the Council that he could not live in his house <br />and that they would have to move out. Mr. Collyard said <br />that is right. Armstrong said if what he has said is <br />true, that constitutes a health hazard; and, the City <br />is under obligation to demand correction of the problem. <br />Mr. Collyard said that he has been hauling in dirt for <br />four years to keep the septic system working. Armstrong <br />asked him "if he was representing to us that your septic <br />system is working to the extent that you are not having <br />a back-up into the house?" Collyard responded Yes. <br />Armstrong asked if he would put that in writing. <br />Collyard said no. Armstrong said, if he (Collyard) <br />would put in writing that his septic system is function- <br />ing, the City would give him the 7 month variance. <br />If he will not put in writing, the City will have to <br />enforce the 90-day notice. Collyard said he cannot <br />put anything in writing. Collyard said his is no worse <br />