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LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 5, 1980 -4- DAN COLLYARD- LEGION POND: than the people next door and no worse than the people across the street. Armstong said none of them have told the City that their sewer is backing up into their basement as you did; and, this is where the problem comes in. Collyard said he is unsure if he got a letter. Armstrong said, if there is a definite health problem, the City has an obligation to give a notice and see that the problem is corrected. If it is not corrected, the City has an obligation to condemn the place and close it down. Collyard asked why the City did not take this obligation a few years ago when it started to be a problem. Armstrong said every resident along there was notified a few years ago to up -grade their systems. Collyard disputes that every resident was notified. Whittaker said the City has a list of all the residents that were notified, Armstrong re- viewed when Collyard came to the Council and said he was being forced to move out of his home and that the City would be responsible for motel accomodations be- cause his home was not liveable. This put the City in the position to give notice that these corrections have to be made. If you are saying that your home is liveable, Armstrong said then the 90 day correction can be changed to the 7 months, provided Collyard gives the city documentation that says that, at this point, the sewer system is not backing up and there is no problem with it. Collyard said that if his attorney is willing to write the letter he would be willing to agree. Armstrong said he should consult with his attorney and then contact the Administrator. Collyard said right now his system functions fine, but he cannot sign any agreement. Armstrong said he (Collyard) came in and said the system was backing up and there were problems with it. Collyard said Mottaz has seen it. When the water is running down the hill into the septic what can you do. The tank will hold only so much water, then it will overflow. When it backs into the house he put another berm up. The problem is temporarily corrected. Collyard said to have the Building Inspector come out and tell him where he can put a septic system. He said it doesn't matter where he wants to put his system. There is no place to put it right now so it cannot be up -graded in 90 days. He has hauled in the same amount of fill as his neighbors. Whittaker said it was the opinion of the City Engineer that a system can be designed on that lot after fill. Collyard should contract with the City Engineer to design a system that will suit that lot. Collyard stated the letter said the Building Inspector will come out and indicate where the system should go. Collyard said he wants this done. Since he filled and pushed the water away from the tank, the system is working fine. The Administrator said he will have the Building Inspector go out Friday and check the situation.