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