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HomeMy WebLinkAboutRe: sewer connection REQUEST FOR COUNCIL ACTION DATE: September 17, 1996 ITEM NO.: �/ Department Approval: Administrator Reviewed: Agenda Section: Name Michael P. Gaffron Zoning Title Assistant Planning & Zoning Administrator ( Item Description: City Sewer Request, John Maresh, 2085 Sixth Avenue North Attachments: A. Letter from Mr. Mazesh Received September 6, 1996 B. Air Photo of Site C. Council Minutes 6/10/96 D. Memo and Exhibits of June 5, 1996 On June 10, Council directed staff to investigate the concerns presented by Mr. Maresh regarding the inability to find suitable drainfield sites on his homestead property and his vacant lot. Staff has met twice on the property with Mr. Maresh and his consultants. We have reached the following conclusions: 1. Vacant lot abuttin,� Brown Road (Created in 1987� It appears there are at least two or three suitable undisturbed sites for a mound system on this vacant two acre lot. This summer S-P Testing completed borings confirming that these sites are available. Therefore, staff fmds no reason for Mr. Maresh to further pursue the provision of sewer service to the vacant lot. 2. Residence �arcel. The 2.5 acre residence parcel was originally tested for an alternate site in 1987 by SMI Testing, who reported suitable slopes and percolation rates, and mottled soil at a depth of 3' at a location directly south of the existing house. This was accepted as a suitable alternate site that would require a mound system. In 1996 S-P Testing found mottling at a depth shallower than 12" at the same site tested in 1987, and concluded that the original site was not useable. S-P Testing then identified a site slightly higher in the topography and to the southwest of the house, which met the 12" minimum depth to mottling but would require the removal of a large number of trees. The City accepted this site based on the information submitted by S-P Testing. Not wanting to lose so many trees, Mr. Maresh hired another site evaluator, Bob Koch, who pointed out that a portion of the S-P Testing site could be considered as disturbed soils due to past use as a tree farm, noting the numerous depressions where trees had been spaded out. Koch was able to find no suitable sites on the property meeting the criteria for a standard mound system. Request for Council Action continued Page 2 September 17, 1996 City Sewer Request, John Maresh, 2085 Sixth Avenue North While a mound system could be constructed on the site identified by S-P Testing, that system would by State code definition be considered "experimental" based on some portions of the site having disturbed soils and not meeting the 12" to mottling criteria. Unfortunately for the homeowner, an experimental system would be installed entirely at the risk of the homeowner and if it was later found to be failing or causing a pollution problem, neither the site evaluator nor the system installer would be held responsible. This leaves the property owner with no recourse at that point. Options for Consideration 1. Maresh could legally combine the vacant lot with the residence pazcel. This gives him the alternate site he needs, but eliminates future use of the vacant lot as a building site. 2. Maresh could proceed with a lot line rearrangement, with the goal of giving his residence an alternate site while maintaining 2 acres and 2 septic sites in the vacant lot. This might be feasible but likely would yield a gerrymandered lot line. 3. The City might allow Maresh to create an easement within the vacant lot, in which to install a system serving the residence lot. This technically would require subdivision approval to create the easement, and is not a practice which the City has allowed previously except when pre-existing systems were later found to be over a lot line. 4. The City could provide municipal sewer to the residence parcel as part of the Long Lake Country Club Addition project proposed for 1997. This would presumably use one of the 50 units Met Council is expected to approve for use by existing problem residences. The difficulty here is that there is no justification for providing sewer to the vacant lot abutting Brown Road, and Mr. Mazesh is proposing that an easement be created for sewer purposes across the vacant lot, but not serving the vacant lot. This will appear as a 'leap-frog' provision of sewer, perhaps not a good precedent to set. 5. The City could refuse sewer to the property, forcing Mr. Mazesh to either accept an 'experimental' system or pursue options 1,2 or 3. Staff Recommendation Sta.ff acknowledges there is a potential risk placed on the homeowner in allowing an experimental system on the S-P Testing proposed site. It appears that other potentially suitable Request for Council Action continued Page 3 September 17, 1996 City Sewer Request, John Maresh, 2085 Sixth Avenue North locations on the residence lot have similarly been disturbed due to the former use as a tree farm. Staff s initial reaction is that legal combination of the vacant lot with the residence lot is the best solution. It can be azgued that the property aparently cannot sustain two rural lots by virtue of the septic limitations, and this would suggest a combination is appropriate. The problem for Mr. Maresh is that this leaves him without a second building site within his 4'/Z acres. The option of providing sewer to the residence parcel is attractive to the property owner, in that it solves his existing problem without compromising his second lot. Such a solution may be feasible on this property but not on many other properties, because Mazesh owns the property on which an easement would be needed. Providing sewer to his residence would appear to meet the general criteria discussed for the 50 undefined units to be made available by Met Council for existing developed properties in distress. The vacant lot could still be developed with a septic system, and in any case should not be served with sewer since it is a two acre conforming lot with suitable septic sites, and has no inherent need for municipal sewer. Approval of sewer would require an extension westward from the proposed sewer line in Lakeview Terrace. This would add slightly to the cost of that neighborhood sewer system which would be offset by one additional unit being brought into the assessment formula. Council Action Requested Indicate to Mr. Maresh which, if any, of the above options are acceptable to Council. lsv CITY OF ORONO APPLICATION NO. ---- P.O. Box 66 NOTICE OF COiJNCIL ACTION Crystal Bay, NIN 55323 Date of Notice: September 24, 1996 473-7357 TO: John Maresh COPIES: 2085 6th Avenue North Long Lake, MN 55356 TYPE OF APPLICATION: Request for Sewer DATE OF MEETING: 9/23/96 VOTE: 4 FOR 0 AGAINST COUNCIL ACTION - MOTION: Table request until City is further along in its sewer planning process. Homeowner will not be required to replace existing system pending future Council action on the request for sewer, but must pump system as necessary to avoid surface discharges. You will be advised of the next meeting at which your request will be considered. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. ch City of Orono 2750 Kelly Parkway S�P 6 ���;� P.O. Box 66 Crystal Bay, Mn. 55323 i.e. Request for sewer connection to the North Brown Rd. sewer project for 2085 county Rd. Six. Dear City Officials, Because of the location of a septic system designed by S&P Testing on my property, I had a second opinion as to the suitability of the site that was tested and approved by the city when this property was subdivided. Mike , Steve, Bob Koch {Septic testing and Design), and myself walked the site and found some areas that met the 12 inch standard and most that did not. I was told that This could definitely not be used as a site because it did not meet the standard. I then requested that since we were all here that we should retest the borings on the site that was supposed to meet code. We found a few borings to be ok but 3/4's of the site was below standard just as the first site was. In addition, the soil is to be undisturbed and non compacted by heavy equipment. The site S&P selected has 20 to 30 tree boring sites where trees were spaded out by heavy trucks and a plug of soif plopped into the site. This soil does not meet the criteria set by the state. Now, instead of saying that this site could not be used as quickfy as Steve dismissed the First site, 1 was told that we could get special permission to build an experimental system but if it fails, nobody would be at fault. I asked what would be done if it does fail because I have no place to build a septic system. Steve told me that they would require me to build on the same site±! In discussion with Bob Koch and Elmer J. Peterson co., They had never heard of such a ridiculous idea. If it fails the first time with a special design, what makes anyone believe that it will last when built the second time. Mike Gaffron was shaking his head when we were investigating the borings on #he "approved site". He could not believe they designed it over all the tree borings and obviously heavy equipment had to have driven over this area extensively. Bob Koch told me that there is no question that I should get onto the city sewer system because to build on any site would require a huge addition of sand and that would drive the cost of the system very high and no guarantee that it could tast. He would not trust it. Plus, to be on sewer would save all the trees that would have to be destroyed for the experiment. I am requesting that my property be included in the North Brown Rd. sewer project and that an easement be allowed to cross 1090 N. Brown Rd. property. 1090 North Brown Rd. does have two to three viable sites for septic systems and does not require the city sewer as my property does. If you have any questions my phone at home is 475-3197 and work 475-0989. Thank you for your consideration of this matter. Sincerely, Dr. John Maresh Gity of Qrono 2750 KeEEy Parkway �P:O. Box�66 Crystat Bay, Ntinn. 55323 i.e. consideratior� of sewer co�nect�on fa� properties of t090 Brow� Rcf. Nort� a►�d 2085 Co�nty Road Six , Orono, lv�i�n. Dear �ity Offfcials, � tvty septic systert� requires repEacement. f have signed a contract to have a new system built and woufd have afready dorte sa except that the area is to water saturated to e�ter ir�to co�str�et�on. ! have recentky heard ttiat a plan to exter�d the city sewer system north on brown road and inta the Country CEub area and Dakota Ave. I am requestEng to F�ave bath af ti�e above named propertEes to be inciuded ir� fhis projecf for the reasons listed : 1. V�lher� S & P Testing walked my properties to searci�for a septic site, �ey found one s�te onfy o� my 2.8 acres that wo�ld bafely meet eode. Same por�ons of this site do not meet the rec}uirement of �!2 trtches of good soil below the septic. E was told that afl the rest of my land has water r�ghi near the surtace o�that because o� heavy truck traffic when my property was a free farm, that�he soi! is 'much to eompacted'to pEace a septic over it. ttVith this as a start�ng poin�, it is a given tEzat this mound system is doomed ta�aif. f was tvlc# a range o� 8 to 15 years. Wf�en this new systern fairs, anott�er site for a new system does not extst. 2. Tt�e site fourtd to be acceptable exists in the middf� of very dense, beautiful tree growth. Because this was arr ok# tree farm, many old, catt arborv�tae, pine, and birch trees exist here. There are�► 100 or rnore trees that woutd need to be eEeared arrd hauled off teaving a large void amongst the other trees. Besides the ang�ish of loosing so rnany otd trees, there is the great additional eost of cutting ar�d removi�g these trees. They would neecf to be cut ar►d chain ciragged out of the site because the a�ea cannot be driven or� or the soit wouEd be compacted makEng the site warthtess. { cannof have any of the tress moved Eo a new site for the same reason. The only optiort is to destroy natures beautifuf growth. Because of the size of these trees and tF�e � dense nature o� there growth, There remova! adds thousands to the cast of the new system. 3. The Eot next to brown road had Qnty one site iound to meet t�►e criteria for a mound systerr� aEso. 7he problerrt with this site is that i� Fs dErectly aver the Qnly suitabfe bui[ding sfte for a house. This matces tE�e new lot essentiaffy worthiess unEess it had access to city sewer. 4. The cost of this septie system has grov�r� �o be betweert $13,�00 to $16{10Q depeRdirzg on the finaE tree remova! biff. To spencE this amount of money on a pro�ec� that adds zero vafue to my house is unfortunate, especially wEtk� �he krrowtedge that at some point whi(e I am livi�g here fhaf E wit! be requtred to spend even more to �ooEc c� to city sewer. Because of the circurnstances, Et seerris prudent and wise to become part of the c�t}r sewer now and not have to pay double jeopardy. The ti�rtFng �s per�ect if not one year to Iate. f hope this adequately describes my dikerr�ma. My p�operties are avaifabte for a tour of the sites which woutd preser�t a better incite to what t (�ave deseribed. My infentic�rt is to live in our present home anQther t2-15 years. E do naE intend to setf the Iot untit ciose to the time that 1 se�f my own home. (f yoc� �rave any quest�ons or comments concernEng this matter, piease cal� me at either my home 4�5-3197, ar off�ce 475-0989. Thank you far�rQur p�ompt cor�side�atior�of this matter, Sineerely. /r/ Dr. �ohn Maresh 2085 County Road Six Qrono, Mn. 55356 C�UNC/L�,jE�.I1V G REQUEST FOR COUNCIL ACTION JU� 1 0 1996 C Q DATE: June 5�9��R0(yp ITEM NO.: , Department Approval: Administrato Reviewed: Agenda Section: Name:Michael P. Gaffron /� Zoning Title: Asst.Plannin &Zonin Admin. �� � Item Description: Request for City Sewer, ohn Maresh, 1095 N. Brown Rd./2085 Sixth Ave. N. Attachments: A- Letter from Mr. Maresh B - Plat Map/Survey C - Municipal Sewer Preliminary Layout Mr. Maresh haS a non-conforming failing septic system which is scheduled to be replaced as soon as ground conditions permit. As a possible alternative, he is requesting that the City include his properties in any sewer project that goes forward to serve the Long Lake Country Club area. The properties consist of a vacant 2-acre lot at 1090 North Brown Road and the Maresh's 2.5-acre homestead parcel at 2085 Sixth. Both parcels are outside the area proposed for inclusion in the MUSA, but could conceivably use two of the 50 undefined sewer units we have requested of Met Council. A potential obstacle, however, is that those 50 extra units were intended to solve existing problems, not to serve new development. A few other developed properties along Brown Road North are also likely to make this request for sewer. While it might seem incongruous to bring sewer to these two 2-acre lots which were subdivided(and septic testing performed and accepted) as recently as 1988, Maresh indicates his site evaluator is skeptical that more than one suitable drainfield site exists on each lot. It would be appropriate for staff to meet with the site evaluator for confirmation of this if the Council wishes to consider the properties for possible future sewer. Note that only minor revisions to the preliminary design of the sewer in Lakeview Terrace would be necessary in order to provide service to Maresh's propeRies. The vacant lot would need to be encumbered with an easement to serve the homestead lot. COUNCIL ACTION REQUESTED: If Council wishes to consider whether these propeRies should be provided with sewer, direct staff to meet with the property owner and his consultants to document the need for an alternative to the use of septic systems. � � r_ � ., � � � � � � � I � ' E � , ' , , . i `O � 5 ! f / 4 6 ; � i ; 7 I V � 8 ! i 3 9 f t � � i , ` � � � — — FORCEMAIN ': 2 � �� GRAVITY SEWER � � �2 ,Q � LIFT STATION i � � � >> � O GRINDER PUMP + � 10 � W L3 � 13 � —...s—Z��. ) —J . � ; �► I �' ; I � �5 o zoo 400 � � I Z sco�e in teet j 1 � 14 Q � ' � 1 i ' U i . ,', i i ORTH BROWN RD. I CONNECT T ` � EXISTING , IGRAVITY ER i r _..._ _..�--•�—.! . 9 — LONG LAKE COUNTRY CLUB � eoneatroo Roaene FIGURE 9 �� Anderlik S ORONO, MINNESOTA �Aseociatea _ , l�'IINUTES OF THE REGULAR ORONO CITY COUNCII. NIEETI�i TG HELD OY JUNE 10, 1996 ^ (#6 - #2136 Gree eld Corporation - Contin .�� Vote: Ayes 4, Nays 0. Hurr noted that the 1 �dth variances, by nding the cul-de-sac, would save good buildin��� ""�r. (#7) REQUEST FOR SEWER, JOHN I��RESH, 2085 SIXTH AVENUE NORTAl1095 BRO`YN R4AD NORTH 1�1r. Maresh was not present durin� the discussion of this agenda item. Gaffron said the applicant has requested consideration for sewering as part of the MIJSA � amendment or in addition to the Lakeview Terrace subdivision. Kelley asked about the west side of North Brown, specifically, the Salem Court area, in reference to sewering. Gaf&on said tlus area has mound type septic systems. Gaffron informed Callahan that the property in question consists of a vacant 2-acre parcel abutting Brown Road and a 3-acre homestead parcel abutting Co Rd 6. Goetten asked how the septic was approved for the site without an alternate site. Gaffron said the sites had been approved in 1988, but a ne�v evaluator, who looked at the property in 1996, did not think there were sites actually available. Gaffron said this would need to be reviewed further. Kelley said he fe(t it was a question of management. Callahan noted for purposes of this particular request that the property be placed on a list for consideration for future sewering. When the MUSA is then granted, the City can see what might he done for this property. Kelley said if the North Brown and Salem Court areas want sewering, it would help to defer costs. Callahan said this would not be decided at this time as there were no secver units available. Callahan said with � acres, he found it hard to believ� that there would only be one site for a septic system and asked Staff to check it out. Gaffron noted the existin� system was not working. The applicant has asked for a building permit. Maresh has a�reed to upgrade as necessary. Gaffron said the applicant may want to hold off if the Council wants to �o ahead with sewering. Callahan said he was not willing to jive a sewer unit if septic sites are available and asked that Staff place Maresh on a list for possible sewering in the future. 7 ` ' MI�i TUTES OF THE REGULAR ORONO CITY COUNCLL `� NIEETING HELD ON NNE 10, 1996 � (#7 Request for Sewer, John Maresh - Continued) Kelley said he has spoken with Maresh and iriformed him of the possible outcome of this discussion, which is consistent with the above. Callahan asked Staff to review and report back to the Council; noting if replacement was necessary, it cannot wait. Gaffron said if no alternate site is available, pumpin; was also an alternative. Callahan moved, Kelley seconded, to table the request for City sewer by John Maresh. Staff is requested to determine the facts and report back to Council. Vote: Ayes 3, Nays 0. (#8) 1995-1996 NIARINA LICENSES: LAKESIDE NIARINA Gaffron reported that he had reviewed the necessary applications with Lakeside and requested the completed applications be returned within �8 hours, which was done. Gaffron said the license application was complete but the CUP was lacking some information. Callahan moved, Kelley seconded, to approve the issuance of a 1996 Commercial Marina License for the period January 1, 1996 to December 31, 1996 to Lakeside Marina, Inc., and to retroactively issue a 1995 Commercial License to Lakeside for the period January 1, 1995 to December 31, 1995. Further staff is directed to monitor Lakeside's operation as necessary regarding adherence to the seven Minimum Operation Standards and the conditions of the CUP and report back to Council in August of 1996. Kelley clarified that if the CUP application is not submitted with all requirements, Lakeside will be tagged on June 21, 199b, as directed at the May 28 Council meeting, unless Staff is satisfied with progress shown. Vote: Ayes 3, Nays 0. MAYOR/COUNCIL REPORT Callahan asked Moorse questions regarding a State law involving local improvements. He asked for information on the additional costs related to the requirements. Moorse said he would discuss the issue with the Engineer. Moorse said the law did not require any additional meetings but one more finding. Callahan inquired about a Court of Appeals decision regardin� a street financing plan and how it would affect parks and sewer systems. Moorse said he discussed this with the City Attorney. Staff is aware of work necessary on the Park Dedication fee ordinance. Callahan asked Staff to obtain a legal opinion as to the legal status of the City's Park Dedication fee ordinance. In questioning where the City was in terms of sewer metering for the Highway 12 sewer trunk system, Moorse said additional problems had arisen with the operation of the meter. 8 �°� o �. o ����-� CITY of URONO � ������ � "�,� ���; y �`, ,�14 Municipal Offices � � � ' -� �,�G Street Address: Mailin�Address: `qlC�,+gg0�' 2150 Kelley Pa�kway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 April 18, 1997 Dr. John Maresh 2085 Sixth Avenue North Long Lake, MN 55356 Re: Municipal Sewer Dear Dr. Maresh: In response to your request that your property be included in the proposed North Long Lake/Long Lake Country Club sewer project,the City Council has indicated to staff that your property may be conditionally included. The conditions on your inclusion are as follows: 1. You must legally combine your homestead lot with the lot that abuts Brown Road. Your homestead property as it currently exists does not meet the 'adjacency' criterion established by the City based on Met Council requirements for sewering of properties outside the MUSA boundary. The Met Council allowed the City up to 50 connections for existing homes outside the MLJSA line. Because your homestead lot is sepazated from the proposed sewer line by your vacant lot, the property you wish to serve is not adjacent to the sewer. The most likely way of creating such adjacency is by combining your two lots. 2. Your property will be assessed at the full rate of$19,083. Please contact me or City Administrator Ron Moorse at 473-7357 if you have any questions. Sincerely, ✓ �r �"� Michael P. Gaffro Asst. Planning& Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 � � s t � O� O N�� O � '��=��� CITY o� 4RON0 ,� � ; � �' '�1 `y, .�'"" �Rr MunicipalOffices �� � y � .�G Stroet Addross: MallinQ Addross: �EggOg' 2750 Kelley Parkway P.O. Box 66 , Orono, MN 55356 Crystal Bay, MN 55323-0066 �� October 31, 1997 � Dr. John Maresh 2085 Sixth Avenue North Long Lake, MN 55356 Re: Provision of Sewer Dear Dr. Maresh: The City Council adopted the attached resolution regarding the sewer connection for your property on October 13. Please contact me or Public Services Director Greg Gappa at 473-7357 if you have any questions. Sincerely, ����s� ,/� '�....� , Michael P. Gaffron Senior Planning Coordinator encl. Telephone (612) 473-7357 • FAX 473-0510 � '. � , . _ . O� � O O �� CITY of ORONO a � �� G'�' RESOLUTION OF THE CITI� COUNCIL �9kESHOg'� NO. _�2�D � � A RESOLUTION APPROVING A SEWER CONNECTION AT 2085 SIXTH AVENUE NORTH AS PART OF THE NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION SEWER PROJECT WHEREAS, the Metropolitan Council has approved up to 50 undefined sewer units for use by the City for properties outside of the MLJSA but adjacent to sewer lines; and WHEREAS, the requirements regazding the 50 undefined units aze that the property is adjacent to a sewer line,that it is an existing residence, and that it has a failing or non-confroming septic system; and WHEREAS, John and Diane Mazesh have requested that their property at 2085 Sixth Avenue North,which is outside the MIJSA boundary,be provided with sewer service as part of the North Long Lake/Long Lake Country Club Addition Sewer Project; and WHEREAS,the property at 2085 Sixth Avenue North meets the requirements for the use of the 50 undefined units, except that the property is not adjacent to the sewer line because it is separated from the sewer line by a sepazate vacant tax pazcel which is owned by the Maresh's; and WI�REAS,the adjacency criteria can be satisfied by a legal combination of the 2085 Sixth Avenue North pazcel with the vacant pazcel; and WHEREAS, the unreduced unit cost for the North Long Lake/Long Lake Country Club Addition Sewer Project is$19,083.00; and WHEREAS, an unreduced assessment for this property is appropriate because of the additional project costs involved in providing service to the property. NOW,THEREFORE,BE IT RESOLVED,by the City Council of Orono,Minnesota that the property at 2085 Sixth Avenue North be provided with a single sewer service as part of the North Long Lake/Long Lake Counhy Club Addition Sewer Project, subject to the property being assessed Page 1 of 2 � . i • . � O I O O . CITY of ORONO .� � ��t �G'�' RESOLUTION OF THE CITY COUNCIL 9kESH0g' NO. e� 9 H 1 in the amount of$19,083.00,and subject to legal combination of Lots 1 and 2, Block 1, Evergreen Ridge prior to issuance of a sewer connection permit. Adopted by the City Council of Orono this 13th day of October, 1997. ATTEST: ��. . . Dorothy M. lin, City Clerk Gabrie abbour,May Page 2 of 2