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Cv-rJCi ’J/.tETluG <br />NOV 2 7 1995REQUEST FOR COUNCIL ACTION <br />m 0( ORONO <br />DATE: November 22, 1995 <br />ITEM NO.: <br />Department Approval: <br />Niai* Michael P. GatTron <br />Titk Assistant Planning Sl Zoning Admimstrator <br />Administrator Rcviet^ed:Agenda Section: <br />Zoning <br />Item Description Septic Jystcm Upgrade Agreement - Thomas and Pauline Bouchard. 1860 <br />Shoreline Drive <br />The Bouchard property at 1860 Shoreline Drive contains a non-conforming septic system which <br />was identified as such in 1994. The property owners would normally have until December 31, <br />19% to make that system conforming. <br />However, the Bouchards have requested a building permit for additions to their residence, <br />which per the Shoreland Ordinance triggers immediate upgrade of the system. Testing and <br />design work have been submitted confirming the septic system can be suitably upgraded. <br />Weather conditions prohibit the installation of a new system at this time. Further <br />complicating matters is the fact that this neighborhood is one of the "hot spots" being <br />con.sidered for municipal sewer. <br />Per Council's direction at the November 14 Special Meeting, staff and the City Attorney have <br />drafted an agreement to be executed by the City and the Bouchards, including a letter of credit. <br />.A "deadline" or completion date for the system upgrade of July 31, 1996 is suggested. The <br />aereement also includes a "reconsideration clause" that would allow the property owner to <br />appear before the Council to discuss the potential for municipal sewer if a decision has not <br />been made by the time the upgrade would be occurring. Again, it is the City's intent to not <br />force septic system upgrades if sewer is expected to be prov ided in the short term. <br />It was suegested at the November 14 meeting that approval of this building permit and the <br />e-\lension of time until mid-1996 to upgrade the system, might be conditioned on the property <br />owners waiving their right of assessment appeal for a future sewer that might be constructed <br />to serve their property. Staff has not made tliai part of the agreement, but can do so if Council <br />so directs. <br />In a standard Developer ’s .Agrc nnenl, the City normally requires a letter of credit for 150% of <br />the estimated cost of the .urk. This covers extraneous costs should die City actually have to <br />contract for and ci'rnplete the work.