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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 2, 1986 PAGE 7 ask him for a voluntary contribution. M/S/P Dunn/Mazzara - to accept the bid from Tower Asphalt for $8,726.75 for the proposed street maintenance overlay project as recommended by City Engineer Bohrer and paid for out of the Maintenance funds as discussed by the City Engineer. (Motion carried 4-0). C. 201 Land Acquisition There were seven parcels of land that are necessary for the joint or off -site drainfield sites. The sites were appraised and those offers have been made to the seven property owners. William Schwab, the appraiser hired by the City to handle land acquisition for the off -site cluster systems, has submitted a status report on his efforts and the responses from the landowners. A copy of this letter written to Robert Overby is dated 8-26-86. The following parcel owners have indicated that they are not interested in selling their property to the City. These parcels will have to be condemned in order to be acquired. Parcel #1 Mrs. William Herzfeld (southeast of Legion Avenue) Parcel #4 Edward Gorman (south of the White Hat) Parcel #5 Joseph Rogers (east of the old Meyer Hardware bldg.) Parcel #6 Mike Severin (8012 50th St.) In his letter dated 8-27-86, Mr. Schwab stated that Mr. Rogers has offered five alternatives for the City to consider. City Engineer Bohrer feels this warrants more investigation due to the magnitude of difference in the possible appraised values and suggests Parcel #5 not be considered for condemnation at this time. Mike Severin, 8012 50th St., objected to the fencing of a collective disposal site in the middle of his neighborhood because "not only would it be unsightly, but would devaluate adjacent and surrounding property in the area". Bohrer responded that there are no lights and it is not a secured area. The purpose of the fence is to keep snowmobiles and other kinds of traffic from driving over this area. Mr. Severin and neighbor, Dorman Jones, both stated that the 201 Program is going right past faulty systems. They are not taking his property to benefit everybody, but they're taking it to benefit only two people. Bohrer responded that if these faulty systems are not on the program, the code enforcement officer will determine whether a violation exists. If a violation exists, that property owner will be notified that the violation will have to be corrected within so many days or action will be taken. City Attorney Knaak explained to Mr. Severin that the issue is one of public health which makes the sewer program a public project. City Enginer Bohrer stated that from the three percolation tests on Mr. Severin's piece of property, one was 48 and the other two