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~~'+~ Next was Robert Mudd asking for an answer to his trenching <t line and running a pipe from his septic to the lift station at Karrington Estates. President Worthen talked to Ray Young, whose property Mr. Mudd needed to cross and Ray Young said he was not acceptable to this easement because he was afraid the pipe would get cut and a leak would occur. Mr. Young had told Mr. Mudd a few weeks before that he was agreeable. Mr. Mudd did not have this in writing from Mr. Young. Ray Young also told Councilman Dolen he was not in favor of running this pipe over his property whether it is underground or above ground. President Worthen and Councilman Bryant were not in favor of running the pipe above the ground. The council told Mr. Mudd they were sympathetic to his problem but without written approval they could not be in favor of it. A motion was made by Councilman Bryant wi.Ch a second by Councihxian Shields to deny running of this line. Motion carried 5-0. Next was the Remonstrance l-leac'ing for 39 West Main Street continued from the last council meeting. Attorney Currens told the council hc~ had received a written remonstrance fzom Mr. Turner. The remonstrance read as follows: The price is too low, West main has parking and East Main does not, and chapter used here is for city use, not business use. The trustees for the property suggested an order for repair for a rooming house and they could start repair in May 2004. Attorney Currens told the council they could sustain or modify their offer. A motion was made by Councilman Bryant With a second from Councilman Dolen to sustain the first offer of $39,000 and move forward with the proceedings.. Motion carried 5-0. Attorney Currens will keep the council informed as to the next procedure. Storm Water Fees: Drainage fee schedule and Erosion Control Permit A developer will bring a drainage plan by an engineering firm before the council to review and then have a different engineering fum review Che plan. Joe Beikman had spoken to three engineering firms and they were interested but they have not sent any proposals on costs. The county is saying the review engineering fees will not exceed $100 an hour. President Worthen said before the council sets the fees he would like something in writing on casts from these engineering firms. La our ordinance the preliminary fee is $250 and the fee for the final $250. But without knowing the fee per hour, it is too hard to know if this fee is going to be adequate. Councilman Bryant asked Joe how many hours he would guess a project the size of Villages of EasCmore would take to review the project. Joe said it depended on how in depth they have to deal with the figures because it might not deal with that site in particular; there may be water coming thru from somewhere else. Jae suggested a $250 minimum fee and anything over that they would have to pay our costs. Attorney Currens told the council basically we were finding that in any instance we are going to spend that much money and he thought Che council had the right to pass on any additional costs. Councilman :Bryant asked the least example someone would have to pay for the fees. Joe said if a minor plat that might be the least but they would still have to pay the minimum. The erosion control permit is above and beyond these fees. It is more of an inspection to see if everything was done correctly and we need Ca have a fine if it is not done correctly. Joe Beikman said if there is mud in the street and not cleaned up in 12 to 24 hours then the Town cleans up and charges what the Town's actual costs are and if they da not pay then a lien is certified against the property. Attorney Currcns told the council they need enforcement language and how it will be catxied out. The Building Inspector will write the fine and then maybe cite into the Tawn Court. Both a fine and recoup our costs. The Building Inspector would give a written documentation of why the fine and a written amount and they are being cited into the Town Court. Attorney Currens or the Prosecutor's office will be legal counsel to introduce what the Town's costs were. Once the ordinance is approved we need to publish those portions relevant to what they could be fined far. On a subdivision preliminary cost is $250 plus $100 per acre and could put a time limit on the permit to be valid- It will be under the developer's responsibility until the builder begins to build homes and then the responsibility is on him. Once the builder final grades it is the property owner's responsibility to maintain the drainage easements. This will be after the final and after inspection. A.t the next meeting there will be better wording on review charges. President Worthen is adamantly against "not going to exceed $100 per hour". The ordinance will be adopted at the next meeting.