HomeMy WebLinkAboutSewer hook up with regards to MWCC 'LE
JOHN
NST
RICHARD
t LAUORESSSS V.ACKMANIST LAURAN EE. IR WAOLIOOCH L I N D Q U I S T & V E N N U M RODERIC KI IRMACKENZIE SUSAN E E.BARNES
GERALD E.MAGNUSON RICHARD B.SOLUM THOMAS G.LOVETT S JOEL H.GREEN
EDWARD M.GLENNON THOMAS H.GARRETT III 4200 IDS CENTER DAVID S.WESCOE DAVID L.HALLETT
MELVIN I.ORENSTEIN DARYLE L.UPHOFF LYNN M.ANDERSON STEVEN E.RAU
ROBERTJ.SHERAN DAVID J.DAVENPORT MINNEAPOLIS,MINNESOTA 55402-2205 THOMAS E.GLENNON CHARLES R.WEAVER,JR.
ISRAEL E.KRAWETZ MARK R.JOHNSON TELEPHONE (612) 371-3211 RENEE J.SELIG ANN M.PARRENT
EUGENE KEATING RICHARD A.PRIMUTH TERESA B.BONNER DAVID L.SASSEVILLE
JAMES P.MARTINEAU R.WALTER BACHMAN TELEX 29 0044 JOHNR.HOUSTON DAVID A.DONNA
RICHARD J.FITZGERALD JEFFREY R.SCHMIDT TELECOPIER 16121 371-3207 DENNIS M.O'MALLEY DENISE D.REILLY
PHILIP J.ORTHUN TIMOTHY H.BUTLER CABLE: LINLAW MINNEAPOLIS EDW A RD J.WEGERSON JONATHAN M.BYE
JOHN A.FORREST ROBERT G.MITCHELL,JR. DANIEL J.SHERAN TIMOTHY R.BAER
WILLIAM E.FOX J.MICHAEL DADY WAYZATA OFFICE DAVID A.ALLG EYER TIMOTHY S.MCINTEE
JERROLD F.BERGFALK J.KEVIN COSTLEY GREGORY P.MILLER J.RD B ERT PAU LSON,J R.
DAVID M.LEBEDOFF ROBERTJ.HARTMAN 740 EAST LAKE STREET TERRENCE J.FLEMING JOSEPH A.THOMSON
JOHN H.STROTHMAN JOSEPH G.KOHLER WAYZATA,MINNESOTA 55391 N.ROLF ENGH JOSEPH W.DICKER
DAVID G.NEWHALL MARY E.CURTIN RICHARD T.OSTLUND
KURTIS A.GREENLEY RICHARD D.MCNEIL DEBORAH M.REGAN OF COUNSEL
ROBERT V.ATMORE DONALD C.SWENSON WRITER'S DIRECT DIAL NUMBER MARTIN R.ROSENBAUM NORMAN L.NEWHALL
PATRICK DELANEY BRUCE A.BONJOUR ELINOR C.ROSENSTEIN
HOWARD J.KAUFFMAN JAMES P.M-CARTHY 473-4208 ROSANNE H.WIRTH RETIRED
RONALD G.VANTINE STEVEN J.JOHNSON DEBRA K.PAGE THOMAS VENNUM
November 7 , 1986 D @ I_5 ow L5
M - 71.986
Orono City Council
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
Re: Mr. and Mrs. D. Brian Fulmer
The Doghouse Boarding Kennels
3505 W. Wayzata Boulevard
Long Lake, Minnesota 55356
Ladies and Gentlemen:
The matter of the Fulmers being allowed to hook up to the
Maple Plain sewer interceptor has been before you for the
better part of this year. As you will recall, the Orono
city council acted to permit the Fulmers to hook up to the
interceptor in April 1986 . Unfortunately the hook up has been
administratively frustrated because the MWCC has more or less
adopted a "work to rule" procedure with regard to Orono
matters. What that means is that the MWCC is taking the
position that with regard to Orono and whether it' s residential
or rural developed or undeveloped, MWCC will not allow sewer
hook-up without a comprehensive plan amendment. We understand
this work to rule penalty has been imposed against Orono
because of Orono' s past opposition to certain MWCC plans.
While inter-governmental fights are always unfortunate, in
this particular case innocent side parties are adversely
affected.
The Fulmers understood in April 1986 that they had passed
the last hurdle in the sewer hook-up matter. In the fall of
1985 when they commenced the procedure they were aware that
this matter with Orono was very delicate and the matter with
the MWCC was very delicate. At that time they were advised
to cooperate with the MWCC and grant the MWCC certain easements
for the Maple Plain sewer interceptor. In addition to that
easement the Fulmers ' property both along Highway 12 and
along Stubbs Bay Road are subject to significant utilities
easements in which are placed the Maple Plain sewer interceptor
pipes. As you may recall, those utility easements in total
took up one of the most promising places on the Fulmers '
land for their drain field, namely the area west of the house
LINDQUIST & VENNUM
Orono City Council
November 7 , 1986
Page 2
toward the intersection of Highway 12 and Stubbs Bay
Road.
Over the last six months the Fulmers have patiently waited
for this unfortunate dispute to get resolved. They brought
to your attention more than once that as they have gone
forward in their construction project, approved by you,
they have come to a number of places where significant
money could have been saved had the sewer hook-up then been
allowed. At the present time they are in the position of
having installed in effect dual plumbing systems to allow
for the sewer hook-up when it is finally approved. They
have gone along with this double expense trying to avoid
making a situation which is awkward for you with regard to the
MWCC even more awkward, but at the same time they do need
the sewer hook-up.
It' s our understanding that the council has imposed a moratorium
on Highway 12 projects, though it has granted a number of
variances from that moratorium. The purpose of the moratorium
was to allow a study of Highway 12 . It' s our understanding
that the study has always concluded that the Fulmer property
as an existing property with a sewer problem should be allowed
to hook up to the sewer and that the only real issues in the
study were other areas along Highway 12. Given that you have
given variances from the moratorium for construction projects
and that this site has always been one slated for sewer
according to previous studies and the present study, it' s
our hope that you are now in a position to conclude the matter
with the MWCC to allow the Fulmers to hook up to the Maple
Plain sewer interceptor.
In terms of practicalities, we understand that you have two
meetings in November 1986, you have one working meeting in
early December 1986 , and it has been your practice to either
have no second meeting in December or at least to have a
very slight agenda. In the case of the Fulmers, it is
necessary (in our view) that quite a number of things happen
between now and the first meeting in December 1986 so that
you may take the action which we understand you have been
waiting to take pending the outcome of the study. It' s our
understanding that you need to have the study concluded and
have the city council accept the study. You then need to lift
the moratorium. Next you need to amend the comprehensive
plan and get the plan amendment in to the MWCC. If your
view is that the study is not complete, then we would like
LINDQUIST & VENNUM
Orono City Council
November 7 , 1986
Page 3
you to give a variance to the Fulmers as you have given
to others to except out their building project and their
sewer hook-up project from the study and a variance from
the moratorium so that they may go forward with their
project. That council action of allowing them a variance
from the study and the moratorium would then be accomplished
by the amendment to your comprehensive plan to allow the
Fulmer property to hook-up to the Maple Plain sewer interceptor.
That' s the second way this matter can be concluded.
The purpose of this letter has been to summarize the
situation with regard to the Fulmers as a follow on of my
letter to you of August 8, 1986 and our council appearance
in 1986 . Time has gone by and time is now short to complete
this project in 1986. Please consider the matter
carefully and I trust follow through on doing the things
necessary to be done so that the Fulmers may hook up to the
Maple Plain sewer interceptor bearing in mind the short time
frame within which these things must be done. Thank you
for your consideration.
Very truly yours,
LINDQUIST & VENNUM
Robert G. Mitchell, Jr./W
RGM:mes
Encls.
CC: Mr. and Mrs. D. Brian Fulmer
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LEONARD E.UNDOUIST RONALD G. NE L I N D Q U 1ST & V E N N U � RODERICK CHARD 11 MIACKENZIE S SANE&ARNES ON
/.AU RES F-V.ACRMAN JOHN B.WIN NSTO STON
'GERALD T'MAGNUSON LAURANCE R.WALOOCM THOMAS G.LOVETTZZ JOEL H.GREEN
COWARD M.GLENNON RICHARD D.SOLUM 4200 IDS CENTER DAVID B.WESCOE DAVID L.HALLETT
MELVIN I.ORENSTEIN THOMAS H.GARRETT$ LYNN M.ANDERSON STEVEN E.RAU
POSER!J.SHERAN DARYLE L.UPMOFI MINNEAPOLIS,MINNESOTA 55402-2205 THOMAS E.GLENNON CHARLES R.WEAVER,JR.
ISRAEL E.KRAWCTZ DAVID 4.DAVENPORT TELEPHONE 16121371-3211 PENCE J.SELIG ANN M.PARRENT
EUGENE KEATING MARK R.JOMNSON TERESA B.BONNER DAVID L.SASSEVILLE
JAMES P.MARTINEAU RICHARD A.PRIMUTM TELEX 29 0044 JOHN R.HOUSTON DAVID A.DONNA
RICHARD J.FITZGERALD P.WALTER SACH MAN TELECOPIER 46121 371-3207 DENNIS M.O'MALLEY DENISE O.REILLY
PMILIPJ*
J.ORTHUN JEFFREY P.SCHMIDT CABLE:LINLAW MINNEAPOLIS EDWARD J.WEGERSON JONATHAN M.DYE
JOHN A.FORREST TIMOTHY M.BUTLER DANIEL J.SMERAM TIMOTHY R.BAER
WILLIAM E.FOX ROBERT G.MITCMELL,JR. WAYZATA OFFICE DAVID A.ALLO E T CR TIMOTHY S.MCIMTEE
JE"POLO F.BEROFALK J.MICHAEL DADY
WILLIAM T.DOLAN J.KEVIN COSTLEY 740 EAST LAKE STREET GREGORY P.M ILEMI J.ROBERT THO SON.JR.
WAYZATA,MINNESOTA SS391 TE ROENCE J.iL[MING JOSEPH A.THOMSON
DAVID M.LCBLDOFF ROBERT J.HARTMAN M.RptF ENGH
JONN M.STROTMMAN JOSEPH G•ROMLER
RICHARD T.OSTLUNO
DAVID G.NEWHALL MARY E.CORTIN DEBORAH M.REGAN OF COUNSEL
KUPTIS^.GREEN LEY RICHARD O.MCNCIL WRITER'S DIRECT DIAL NUMBER MARTIN R.ROSENBAUM NORMAN L.NEWHALL
ROBERT V.ATMORE DONALD C.SWENSON ELINOR C.ROSENSTEIN
PATRICK DELANEY JAMES P.MCCARTMY 473-4208 ROSAM"CH.WIRTH PCTIR[O
HOWARD J.RAU FFMAN STEVEN J.JOHNSON
DURA K.PAGE THOMAS V[NNUM
August 8, 1986
Orono City Council
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
Re: Brian and Cathy Fulmer
3505 W. Wayzata Boulevard
Long Lake, -Minnesota 55356
Ladies and Gentlemen:
From time to time we have represented Brian and Cathy
Fulmer and at long distance have been generally kept aware
of their efforts to ameliorate the sanitary sewer situation
at their home and business on Highway 12 in Orono. I'm
writing on behalf of the Fulmers to summarize their position
about the pending sanitary sewer matter.
It is the Fulmers' position, and they know that it is your
position as well, that there is to be no major extension of
sewer service west of Old Crystal Bay Road. They also know
that you are in the midst of an intensive study of .the
sanitary sewer system for Orono, other facilities for Orono,
and at the conclusion of the study comprehensive changes will
be recommended regarding Orono's land use control ordinances
and including the comprehensive plan. While it is in the
Fulmers' best interest that their sanitary sewer hook-up be
made an exception to the completion of your study, they under-
stand that you are reluctant to make such an exception.
From my point of view the sanitary sewer situation with regard
to the house and dog -kennel facility at this site has existed
for many, many years. At one level one-could claim that there
is something of an emergency requiring a sooner rather than
a later hook-up. In addition, for reasons relating to ameliora-
tion of the neighborhood situation and the safety of the dogs„
it is hoped that the new facility for the dogs also can be put
up sooner rather than later. Therefore, on behalf of the
Fulmers, given all the facts and circumstances of this unusual
and unique situation, I would ask that you make an exception
in the case of their property and allow them to hook-up to the
sewer on an emergency basis immediately.
LINDQUIST & VEN'NUM
Orono City Council
August 8, 1986
Page 2
If you do not see your way clear to making this exception
to allow them to hook up on an emergency basis, we would at
least like to ascertain that the approvals heretofore given
to the Fulmers for the construction of their new dog kennel
facility and the--hook-up eventually to the sanitary sewer
system will be forthcoming once the study is completed, and
the formal changes made in your ordinances and in your compre-
hensive plan as reviewed and approved by the Metropolitan
Council. I ask this since there is in fact a sewer situation
at this site-which needs amelioration and the Fulmers would
like the assurance that some additional patient waiting on
their part will ultimately bear fruit.
Thank you for your consideration of their request.
Very truly yours,
LINDQUIST & VENNUM
Robert G. Mitchell, Jr.
RGM:mes
CC: Mr. and Mrs. Brian D. Fulmer