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HomeMy WebLinkAboutResolution 2006-121CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-121 A RESOLUTION DIRECTING ABATEMENT ACTION WHEREAS, on March 6, 2006, the Lake Elmo City Council adopted Resolution 2006-025 which declared that all private welts located within the West Central Lake Elmo Area ("WCLE Area") are known or potential health hazards. The determination of the City Council is based upon data received from the Minnesota Department of Health, the Minnesota Pollution Control Agency, and the City's Consulting Engineer; and WHEREAS, Resolution 2006-025 also directed that the welts located within the WCLE Area be seated and that the private dwellings within the WCLE Area be connected to the City's water system when it became available; and WHEREA, on June 6, 2006, the Lake Elmo City Council adopted Resolution 2006- 047 which awarded a contract for the construction of water main, water connections, and the seating of wells ("Improvement Project")within the WCLE Area; and WHEREAS, the water main portion of the Improvement Project is substantially complete and the City's water system is available to the parcels within the WCLE Area; and WHEREAS, the City has sent a certified letters to the property owners within the WCLE Area requesting that the City be allowed to enter upon their property in order to connect the residential dwellings to the City's water main and to seat their private welts; and WHEREAS, the following property owners, who reside within the WCLE Area, have not responded to the City's certified mail request, and/or have indicated to the City that they wilt not permit the City, its contractors, and consultants to enter upon their property for the purpose of connection their homes to the City's water system and/or for the purpose of seating their welts ("Non-Compliant Property Owners"): Have Not Given Permission Dennis M. Et Donna M. Seigter 8244 - 27t" St. N., Lake Elmo, MN 55042 Lloyd J. Zerwas 8521 North Ironwood Trait, Lake Elmo, MN 55042 Thomas H. Ft Florecita C. Regan 8875- 271" St. N., Lake Elmo, MN 55042 WHEREAS, the known and potential health hazards, as originally determined by the adoption of City Council Resolution 2006-025 continue to exist on the parcels owned by the Non - Compliant Property Owners. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council directs the City Staff to send written notices to the Non- Compliant Property Owners indicating that such property owners have five (5) days after receipt of the notice to abate the health hazard nuisance on their property by agreeing to allow the City onto the Property to connect their dwelling units to the City's water main and to seat their private wells and, upon failure of the Non - Compliant Property Owners to abate such health hazard nuisance, and the Lake Elmo City Council further directs the City Attorney to commence the appropriate civil proceedings to require abatement of the health hazard nuisances. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON NOVEMBER 8, 2006 CITY OF LAKE ELMO . ...... By: Dean A. Johnston Its: Mayor ATTESTED BY: Charles E. D-111erud Its: Assistant City Administrator F:\users\Janice\Jerry\LE\Abatement Resolution -2,doc