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Memo - 1340 Baldur Pazk Road November 29, 1993 � Page 2 � . The City for many years has been billing the Mess residence for both the annual septic ' � �charge and the quarterly sewer "available" charge. .The property owner brought this issu�e to the City's attentian a few years ago but at that time it was apparently concluded that the dual charges were appropriate since the property had always been considered by the City as being served, and therefore the charges were an "incentive" to complete the connection. The property • is apparently now being sold by Mess, with no resolve to the situation. Staff Recommendation Staff is proposing the following actions to resolve ttus matter once and for all: 1. Abate the 1993 sewer "available" quarterly charges and elimi.nate future such� � chatges until the sewer is available. � � 2. Continue the annual septic billing. 3. Staff to contact Mr. Franklin and determine whether he is interested in cooperating with Mr. Mess by providing him an easement at a reasonable cost, if any. Yt would seem to be to both parties' benefit to work together and install a pipe that will serve both properties once Franklin or his successor develops the vacant parcels. If Franklin and Mess resolve this, allow them to install (at their cost) a pipe that would serve their needs, according to City standards. 4. Absent Franlclin's cooperation within the next ninety days, City to proceed with condemnation of an easement and construction of a municipal sewer extension to serve the existing house and the two or three probable additibnal units that might eventually be allowed to develop on the point (remember that preliminary plat approval for a total of three lots on the point was granted in 1982 but never carried out). Assess one unit to the existing house and two or three units to Franklin's pazcels. Include the costs of condemnation and construction in the assessment. The basis for such a condemnation and sewer construction project is cleazly a health, safety and welfare concern for the existing house. And clearly, the vacant property is undevelopable unless sewer is provided, therefore the property should gain in value by at least the cost of sewer if not more. Staff recommends that Council direct staff to meet with Msrs. Franklin and Mess, outline the above process, and determine how they wish to proceed. If there is no resolution at Step 3, then staff will come back to Council requesting authorization to go on to Step 4. ch