HomeMy WebLinkAbout1997-11-14 CA Ltr to OPH Councilmember Turnquist • • • (
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Mark J. \•terltng* l p
aul A. Wolff
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Thomas J. Weidner* *Qualified Neutral arbitrator & Mediator
Direct Dial No.: (612) 351 -2118 *Qualified Neutral Arbitrator
*Certified Real Estate Specialist
November 14, 1997
Via Facsimile
439 -0574
Mr. Jerry Turnquist
City Council
City of Oak Park Heights
Re: Miscellaneous Annexation Issues
Dear Councilman Turnquist:
You had asked a question of our office affecting the
possible imposition of assessments or collection of same as it
affects a hypothetical circumstance in the annexation area.
You specifically hypothesized that there could be a
residential property that had multiple acres that is currently
being used for homestead premises. You had further hypothesized
that there would be experienced on the property a septic system
failure on the multiple acre homestead but that the individuals
would have an alternate septic site available to them that would be
otherwise suitable under appropriate septic codes. The individuals
were questioned whether or not the City would require them to hook
up to municipal sanitary sewer service at that time and pay the
projected cost for doing so or, in the alternative, whether or not
the City would or could allow them to rebuild the septic system in
the alternate septic field area that would presumably meet code.
Obviously, the issue is hypothetical in nature and has
not been presented to the City Council.
My impression from the past history of the City of Oak
Park Heights is and would be that given the multiple acres that are
in place on the homestead premises and what may be a prohibitive
cost to serve a singular dwelling on a multiple acre parcel that
the City Council could and probably would allow the construction of
the alternate septic system. Obviously, when the homestead
utilization of the entire property was completed or when a desire
would be manifested to divide the lot for further subdivision
•
410 01
Mr. Jerry Turnquist
November 14, 1997
Page 2
development, it would be the more appropriate time to extend the
sewer service into the area and then collect the appropriate
sanitary sewer charges from the individual lots that would be
developed. Additionally, should the property change in its use
from residential to commercial or to residential /multiple family or
other significant change in use on the property occurring which
would make it economically justified to extend the sewer and
collect the appropriate charges, the Council would be within its
authority under those circumstances to direct the extension of the
sewer as opposed to allow the construction of an alternate septic
system. I trust the same answers your questions; however, should
you require any further detail, please feel free to contact us.
Yours very truly,
Mark J. Vierling
MJV /sdb