12-08-1986 Council Packet - Laserfiche WebLink

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To: Mayor Butler `t }lEt MEETING E. Bernhardson, City Administrator Orono Council Members r 81986 From: Jani:ie A. Mabusth, Zoning Administrator Date: t��cembc r 4, 1986 Subject: #1039 ai 1 J ?..;c, J. Ulrich, 1535 Bohn's Point Road - Condit.ional Permit/Variance - Resolution At the Council mec ; November 24, 1986, the DNR representatives from the Groundwater Di; :)ddress,;d your many concerns invoJ nq the use of the acquiier for eetial heating and cooling systems and the discharge of the water u_ i;: this system into Lake Minnetonka. `_rol:.- minutes of: that me,rtin3 reviaw ;.heir responses to your questions. Counci asked that action on the application be tabled until members had an opportunity to cone i der the information presented to them for the first time. Staff was asked to contact Dr. Hanson regarding the matter of the discharge into the lake. In a phone conversation with staff, Hanson cited no problem with the system discharging into the lake. He question-_-d once again the City's effectiveness when the State grants all authori to the DNR in all matters involv4_r.g use of groundwater and its discharge of waters into lakes or rivers. Council also asked if this appli--3tion could be deemed a test case and initiate a moratorium to deter other such requests until the City is satisfied that these systems are harmless. Staff would remind Council that the DNR has been given all >'�ority over matters dealing with groundwater use and discharge into lakes and rivers. The DNR may call for a moratorium ; f they deem a stuey for the purpose of amendment is necessary. If Council wished to study the matter of excavations within the )-75' setback area for the purpose of amending the code, we could legally call for a moratorium. Council may ask the DNR tc study .pec4 fic aspects c,f their permitting system, Staff has talked witi: the City Attorney on this speci.tic ;vest of Council and she '-.as concurred with staff's opinion:. Kathleen be able to respond .any questions you may have on this matter. As thi!i will be the last meeting, or this specific Council, staff seek=; direc:'.on and asks that you c, .. der the followinv options nr a•:t ion : a) Direct staff to r dvise r.:ie DNR t .at the Citv of Orono wishes ,,n all f )r a public hear Ln^, ei her to c' it lenge such use of underground rater resources Ir th- '.son -ge of gallons of water into tip- lake -)r botri. b) Staff N drefted a resolution appr,_ vin5 the pr( pose-1 geo:herma. system listing the necessary findings for your -evie , amendment and .-ction. c) Denial of applicat=on if you feel this is A'ilistir. cction - Council ,..,uld be de::vi.ng the excavat is-i within , er:..: -^ �, tected area a.,d - i rect sta;*i to prepare tt, reso I 1_ici�m.