Laserfiche WebLink
City Administrator Ulrich presented a rationale to consider this request to meet the minimum <br />health and safety standards in the community since a failed septic system becomes a nuisance for <br />the neighborhood. The project cost would come from the Enterprise Fund, not the General Fund, <br />and be assessed to the property for collection through property taxes. <br />City Engineer Himmer explained the City's current policy, noting it was discussed in 2009 and <br />supported by the Council as a last resort, making it incumbent on the property owner to show <br />justification and prove they have gone through all channels and been denied. <br />Building Official Kaehler described the degrees of failing septic systems and advised in this case <br />there is surface discharge that results in a health hazard and order for repair or replacement in 45 <br />days. <br />Council consensus was reached that a policy is in place that provides the ability to address failing <br />septic systems causing health hazards. Consensus was also reached to review this policy, <br />adopted in 1992, at a future Work Session to determine whether it should be updated. <br />Motion by Councilmember Backous, seconded by Councilmember McGlone, to approve the use <br />of the Septic System Repair Policy to repair the failing septic system at 16361 Ferret Street NW, <br />subject to requiring the property owner to submit evidence that they have investigated all other <br />potential funding options and are ineligible to receive financing through such programs. <br />Further discussion was held by the Council relating to the request and motion for approval; <br />specifically whether the City is assured these funds would be recovered should the house be sold <br />under mortgage value. City Attorney Goodrich advised this assessment would be spread over 10 <br />years, paid through property taxes with interest, and take position ahead of the mortgage. He <br />recommended, based on the 100% petition, that the public hearing be waived subject to the <br />applicant's bank signing the agreement to assure the assessment held position ahead of the <br />mortgage. To verify ownership, City Attorney Goodrich indicated he would obtain an owner <br />encumbrance report. <br />Kara Butler, 16361 Ferret Street NW, reported on their efforts to secure funds to repair the <br />failing septic system and will know within two weeks whether they will receive "Fix Up Funds." <br />They have exhausted all other funding avenues. She stated since 2009 they have attempted legal <br />recourse against the previous owners since the septic system had been certified by a professional <br />for inspection. However, they have limited funds so it is difficult to pursue a lawsuit. <br />City Attorney Goodrich explained the City cannot assess without a public hearing unless 100% <br />of the people to be assessed waive the public hearing. <br />Jeff and Kara Butler, applicants, stated they would waive the public hearing. Ms. Butler advised <br />that the property title is held in four names: Jeff Butler, Kara Butler, and both of Kara Butler's <br />parents. Ms. Butler advised she has power of attorney and is able to sign for all four. <br />City Council / November 22, 2011 <br />Page 6 of 9 <br />