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, ~ Minutes of Regular Council Meeting March 28, 1983 Page Three Counsel for Nielsen property (Mr. Frank) stated their viewpoints on the matter. Public policy of the City has been that all com- mercial-industrial establishments contribute to the general main- tenance of Village; they should also enjoy the benefit of the sewer lines, feel this policy clearly indicates adoption of Op- tion 1. . He noted subject of maintenance was not addressed at the previous Council meeting. Throughout the City, for the most, sanitary sewer lines are maintained by the City, other individuals have service to their property lines, and are only required to main- tain sewer lines from buildings to property line. If Option 2 were adopted, Nielsen would have 1,100 feet to main- tain, some of which is not on his property, and in addition, through taxes, would be supporting the major sewer system. Of concern also is the cost factor, feels it would be short- sighted to consider cost factor only at the preliminary stage, cheaper for the City and adjacent property owner over the years if there were one sewer line servicing all the property owners in the area along this sewer line. Option 2 would result in a series of lines which would create additional cost snd duplication of effort, less manageable for City, in the long run. Option 1 of- fers the best program. Final factor Frank felt should be considered is general feasi- bility of each option. Nielsen has contacted various parties who will assist them in their development; all expressed concern about feasibility of development under Option 2, insurance company is not familiar with this type of system. would be concerned about liabilities; mortgage company also had questions concerning via- bility of serving property with private sewer line because of un- certainty of major repair and major costs; also fee~it would be- come an issue with tenants of the building--to adopt Option 2 might make the project not feasible. Mayor Woodburn Bsked Mr. Reiling if he had any comments. Reilin~ stated that he sees no use to his property for any aRT sewer thet might be installed on this part of Red Fox Road. Mulcahy stated he has some difficulty in seeing benefit to Reiling property from Option 1; in addition, Mr. Reiling has indicated that if any option is adopted that would assess his property, he might appeal. Mulcahy asked if Nielsen would undertake, to indem- nify the City against its expenses in any appeal. Frank stated he has not had an opportunity to discuss this, with Nielsen, in his practice he has never seen a developer indemnify the city. Mulcahy stated that both methods (Option 1 and 2) would work, may- be best method is cheapest method. Council is faced with balancing costs; Mulcahy said he feels Nielsen property should bear full cost of installation. . Frank queried propriety of a private sewer line running over public and private property...would need lease in perpetuity for mainte- nance, sees problems with this. In response to query from Hicks, Christoffersen sees maintenance problems because City has no control over what goes into private pumping station, clarified existing City policy as being main- tenance by property owner to existing sewer in the street. There has not been any type of requirement for an easement to maintain the lines. Hicks stated that both parcels (Reiling and Nielsen) were assessed for trunk lines originally; feels Option 1 would give more flexi- bility to development of the Reiling property, would be some ben- efit to property. Motion was msde by Hicks, seconded by Christiansen, that Council adopt Option 1 for the ssnitary sewer extension on Improvement No. 55 83-2 . -3-