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LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1987 PAGE 9 Councilman Graves voiced his concern on possible septic failures on properties that are very small lots and may not be able to correct their system according to our City Code. City Attorney Knaak stated that the City has the authority to condemn property under Resources -Chapter 429. The 201 Program is more of a funding mechanism than anything else. The authority the City has in order to condemn property existed before and continues to exist after the 201 program. It gives the opportunity for some of the citizens to utilize it, so those options remain. The City can set up a program similar to the 201 Program, but the funding mechanism will be different. City Engineer Bohrer felt the search procedure would be the same as the one followed with the 201 Program. If there are one or more of the problem lots identified, you look in the area for available vacant land. The 201 Program did not give the City any more authority to do it, it was strictly funding. City Administrator Overby stated that the owner would be bearing the costs; whether they could negotiate directly or the City would have to acquire the land is the only difference. Bohrer explained a few things that might want to be considered. The City will have to make sure that the systems that are improved under this federal program are maintained properly. A simple recording card system could be set up, whereby, every time a system is pumped by a license pumper in the City, he sends in a pre -addressed stamped postcard into the City. This could be expanded to region wide or even city-wide. This could be a way to get a handle on the type of maintenance that could or should be done. This would be encouraging regular maintenance and you have some type of record of pumping of the system. This would help people extend the life of their septic system. M/S/P Moe/Johnson - to extend the City Council meeting to 11:00 p.m. (Motion carried 5-0). F. Interagency Agreement with Mn/DOT City Engineer Bohrer reported in his review letter of 1-14-87 that if a city desired to participate in a federally funded highway related construction project, the city cannot receive these federal funds directly. These federal funds would be received by the Commissioner of Transportation and then sent to the city. For this reason, MnDOT asks that each city in the State enter into an Agreement which directs the Commissioner of Transportation to act on the city's behalf to receive these federal funds. Lake Elmo has entered into a similar Agreement in the past but since there are new requirements for a project audit, MnDOT asks that each city enter into a new revised Agreement. A copy of the proposed agreement was handed out for the Council's review. Even though Lake Elmo has been a party to a similar Agreement in the past, the Agreement has never been used. Lake Elmo has very little opportunity to qualify for federally aided highway