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mc --Bohrer - could this system or any other system be guaranteed to prevent a possible health hazard? No, I can't say that about a system sitting alone on 40 acres 50' above the water table. The only thing I can address is whether this system as proposed meets current ordinances and codes. --Eder - code is prepared under very theoretical conditions, and those conditions may or may not exist here. --Novak - I have difficult time with your saying system is safe as far as you know. Our ordinances are for the protection of people, not to punish people with certain lot sizes. All information received from PCA and state officials has required us to set up ordinance specifying an acre of dry land, enough for two sites, to protect people. I only hope if this is approved, we require the most checking possible to protect them and their neighbors and that the City is not held responsible for giving a building permit when they shouldn't have. Your recommendations didn't include any specifics on this. Two sites for systems doesn't mean to me one on top of the other or one directly in between; but if it's not written correctly, that's something that has to be taken care of,:,not the intent from where I was coming from when ordinance was drafted. M/S/P Eder/Mottaz to recess for anexecutivesession with legal counsel since we were threatened with a law suit if decision is not in the affirmative for the applicant. Carried 5-0. Eder reconvened the meeting at 8:43 P.M. Eder asked for comments from Johnston. --Bruce Malkerson of Popham,Haik,Schnobrich Kaufman & Doty, J:.Qhnston's attorney, referred Council to his previous fetter to City Council and staff outlining important facts of this and prior application and legal reasons why variances should be granted. In light of the executive. session you've had on this matter, to which we're not privy, I don't see why we should make a presentation at this point as it would probably be moot if you've made up your mind as to what you're going to do. M/S/P Novak/Fraser to grant Dean Johnston the following 3 variances: 1. Allow structure to be built 50' from High Water Mark instead of 100'; 2. Allow structure on lot that has 25,038 sq. ft. above the High Water Mark; and 3. Allow the septic tank to be placed 10' from unoccupied garage instead of 201. And to approve Dean Johnston's shoreland permit, contingent upon the following conditions: a. that system be built as well as possible; b. construction be controlled as much as possible; C. owner assumes full responsibility for its construction and its failure should it fail; d. certain assurances be put into an agreement that the owner signs that we have open trench inspections; e. that every requirement of the ordinance be met that can possibly be met; f. that he would provide as -built plans as called for in the City Engineer's letter; g. that there would be an annual inspection similar to the one required of Steven Larson and determine that the system is still working; h. the City would be held harmless if this permit creates a need for sanitary sewer and/or new on -site sewer systems; i. the home be limited to 2 bedrooms per his amended application; j. that he not drive over or park on the drainfield at any time; k. that he meet all the other conditions set forth in Larry Bohrer's 9/16/82 letter: