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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 armual septic <br />charge and the quarterly sewer "available" charge. The property owner brought this issue to <br />the City’s attention 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 condenmation 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.