Consider Sanitary Sewer Options for the Property Located at 5220 156th Lane NW
PORTIONS OF THIS DISCUSSION MAY BE CLOSED TO THE PUBLIC - removed from the agenda

The Woodland Green Subdivision, located east of TH 47 south of the Boy Scout Camp, was platted in 1973. Lot 4,
Block 3 (5220 156th Lane NW) was platted with a 75 ft drainage and utility easement across the back of the lot.
The owners of the lot applied for a building permit in 1988, and since the back of the proposed house was shown at
the platted easement line they applied to the City to vacate the north 50 feet of the easement (leaving a 25 ft
drainage and utility easement across the back of the lot). The requested vacation was approved by resolution of the
City Council on October 11, 1988.

The property owners at 5220 156th Lane NW, Jason and Ruth Obermaier, contacted the City at the end of
June/beginning of July regarding standing water in their back yard; and specifically the potential impacts to their
septic drainfield in that location. City staff visited the site to collect some survey data and verify elevations on the
downstream storm sewer system to ensure that the water was flowing properly. Based on a septic system sketch in
the City's property records it appears that the drainfield is constructed entirely outside of the City's 25' drainage and
utility easement, and the water elevation at the time was approximately 3' - 5' outside of the drainage and utility
easement and potentially over one lateral of the drainfield (see attached lot detail sketch).

This item was discussed by the Public Works Committee in July, and several options were discussed relative to the
downstream storm sewer system and potential modifications for improved long term drainage to the Rum River;
including enlargement of ponds, lowering of existing storm sewer pipe, and installation of additional storm sewer
pipes. The recommendation from that meeting was to address the immediate concern related to the septic system,
and evaluate options to correct this matter such that additional easements could be reacquired in this location. Staff
reviewed several options with the City Council in work session on August 9, 2011, and received direction to
negotiate with the property owner in an effort to connect them to the municipal sanitary sewer system and secure
additional easement area to account for increased stormwater retention.

Staff has continued communication with the property owner and detailed the City's proposal. They reviewed the
information supplied and have offered a counter proposal (see attached); a majority of which is consistent with the
previous Council direction. Items that we are in agreement on include: connection to the sanitary sewer system and
all entailed work(design, inspections, etc.) to be the responsibility of the City, removal of existing dead brush on the
lot and adjacent park area, complete restoration of the site to be paid by the City, work to be completed
immediately, and the property owner would contract directly for the work.

A few of the items being requesting are outside the authority of staff direction so further Council consideration is
requested at this time. The property owner is requesting payment in the amount of 15 years worth of utility billing,
no sale of additional easement, they want their property regraded to contain all the drainage into the existing 25'
drainage & utility easement, a written promise that we will continue to investigate and solve the downstream
capacity issues in the City's stormwater management system, payment of all their attorneys fees as part of reviewing
all plans and documents prepared, and accepting full financial responsibility for any future property damage issues
that may arise.

This item was discussed in work session earlier this evening to review the property owner's counter proposal, and discuss potential next steps.  It has been placed on this agenda in an effort to expedite the matter, and potentially receive revised formal direction.

Since the negotiations do not meet the intent of the previous Council direction, staff is looking for input on how to
proceed with the proposed counter offer.

The funding source for any potential improvement would most likely come from the City Stormwater Utility Fund.

Based upon discussion.