Minutes - Council - 11/22/2011 - Laserfiche WebLink

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City Administrator Ulrich presented a rationale to consider this request to meet the minimum health and safety standards in the community since a failed septic system becomes a nuisance for the neighborhood. The project cost would come from the Enterprise Fund, not the General Fund, and be assessed to the property for collection through property taxes. City Engineer Himmer explained the City's current policy, noting it was discussed in 2009 and supported by the Council as a last resort, making it incumbent on the property owner to show justification and prove they have gone through all channels and been denied. Building Official Kaehler described the degrees of failing septic systems and advised in this case there is surface discharge that results in a health hazard and order for repair or replacement in 45 days. Council consensus was reached that a policy is in place that provides the ability to address failing septic systems causing health hazards. Consensus was also reached to review this policy, adopted in 1992, at a future Work Session to determine whether it should be updated. Motion by Councilmember Backous, seconded by Councilmember McGlone, to approve the use of the Septic System Repair Policy to repair the failing septic system at 16361 Ferret Street NW, subject to requiring the property owner to submit evidence that they have investigated all other potential funding options and are ineligible to receive financing through such programs. Further discussion was held by the Council relating to the request and motion for approval; specifically whether the City is assured these funds would be recovered should the house be sold under mortgage value. City Attorney Goodrich advised this assessment would be spread over 10 years, paid through property taxes with interest, and take position ahead of the mortgage. He recommended, based on the 100% petition, that the public hearing be waived subject to the applicant's bank signing the agreement to assure the assessment held position ahead of the mortgage. To verify ownership, City Attorney Goodrich indicated he would obtain an owner encumbrance report. Kara Butler, 16361 Ferret Street NW, reported on their efforts to secure funds to repair the failing septic system and will know within two weeks whether they will receive "Fix Up Funds." They have exhausted all other funding avenues. She stated since 2009 they have attempted legal recourse against the previous owners since the septic system had been certified by a professional for inspection. However, they have limited funds so it is difficult to pursue a lawsuit. City Attorney Goodrich explained the City cannot assess without a public hearing unless 100% of the people to be assessed waive the public hearing. Jeff and Kara Butler, applicants, stated they would waive the public hearing. Ms. Butler advised that the property title is held in four names: Jeff Butler, Kara Butler, and both of Kara Butler's parents. Ms. Butler advised she has power of attorney and is able to sign for all four. City Council / November 22, 2011 Page6of9