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Home My WebLink About03-05-99 re: Sewer connection � � � � � S � �3 �� . � r� �� . � � .� o,� I�� '�-�� Y�.�,� e 0 0 ��= �'�--� CITY of ORONO ;-; -,� � ' Y. > r� ,�:`�.r��}a�. A► r�,� 1`.'^,�_.,"��`;°,1 �l4 Municipal Offices ;- ..r:�!`r;f��!' G ,t �_�=r -:y�� Street Address: Malling Address: 9 �,�;�; � $EggO 2750 Kelley Parkway P.O. Bax 66 Orono, MN 55356 Crystai Bay, MN 55323•0066 March 5, 1999 Mr. William Franklin ' Broadway Sales 1000 West Broadway Minneapolis, MN 55411 RE: Baldur Park Sanitary Sewer Dear Mr. Franklin; Consideration of the Baldur Pazk Sanitary Sewer Extension project is on the agenda for the Monday, March 8th, 7:00 p.m., City Council Meeting. The Council information packet is enclosed for your review. The action requested is approval of a resolution ordering the preparation of a feasibility study for this project. The next step after receipt of the study will be for the City Council to conduct an official public hearing to obtain comments from all of the affected property owners. You will be sent a notice for this public hearing. This hearing will be held later this spring. After completion of the public hearing, the next steps in the process are for the Council to order preparation of plans and specifications and competitive bidding of the project. After receipt of bids, the Council will conduct an assessment hearing for the project. You will also be sent a notice for the assessment hearing. The assessment hearing process includes formal steps for appeal of the project assessments if the assessments are�greater than the increased market value of the property that is attributable to the sewer installation.The city will also need to obtain an easement across your property for installation of the sewer. This material is being sent to you to provide you information on this proposed sewer project. Please contact me at 612-249-4621 should you have any questions regarding this project. Thank you for your assistance in this matter. Sincerely; Vt .Ci� ' ✓ � . �- �"��'l Gregory A. Gappa Director of Public Services Telephone (612) 473-7357 • FAX 473-0510 REQUEST FOR COUNCIL ACTION DATE: March 8, 1999 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Gregory A. Gappa Engineer's Report Title Director of Public Services Item Description: Baldur Park Peninsula Request for Sanitary Sewer Extension We have received a letter from Mr. Fred Puzak requesting sanitary sewer service for his property. He lives, in the last house, on the end of Baldur Park peninsula. This property is within the MUSA and was supposed to have been connected to sewer as part of the 1965 LS #1 sewer project. The existing septic system is nonconforming due to a lack 3' separation from the water table. Connection to sewer is the only reasonable alternative for this property. This issue is _ complicated and has been previously presented to the Council. I have attached the Council memo from the November 29, 1993 meeting. This memo provides a good explanation of the history of this project. Both, Mr. Puzak and the City of Orono have been unsuccessful in numerous attempts to contact the adjoining property owner, Mr. Bill Franklin. The involvement of Mr. Franklin is required to complete this project. This issue needs to be resolved because of the poor condition of the existing septic system. Our recommendation is that the City start the process for an assessment sewer project to extend sewer to the end of Baldur Park peninsula. This appears to be the best method for involving Mr. Franklin in this project, and will provide an official public hearing process for receipt of his comments. Mr Puzak suggested if the City could assist him in obtaining a sewer easement, he would be willing to complete a private sewer service project to obtain sewer for his property. Our recommendation is that a public sewer assessment project be completed to provide sewer service to all of the properties at the end of the peninsula. With multiple property owners involved, the best solution is for a public project to provide sewer service for all of the parcels A preluninary subdivision approval was granted in 1982 for two lots on Mr. Franklin's property. The final subdivision was never completed. Our recommendation is that this subdivision is a rationale basis on which to conclude that this property be allowed a maximum of two sewer units. For the assessment project the Puzak property could be assessed for one unit and the Franklin property assessed for two units. This would be a fully assessed sewer project. A copy of this Council information packet will be sent to both Mr. Puzak and to Mr. Franklin. COUNCIL ACTION REQUESTED: � Motion to approve Resolution Ordering Preparation of a Feasibility Study for the Baldur Park Sewer Extension A RESOLUTION ORDERING PREPARATION OF REPORT ON BALDUR PARK SANITARY SEWER IMPROVEMENTS � WHEREAS, it is proposed to install sanitary sewer to serve properties and to assess the benefited properties for all of the cost of the improvement,pursuant to Minnesota Statues, Chapter 429, at the end of Baldur Pazk Peninsula; and ' NOW,THEREFORE,BE IT RESOLVED by the City Council of Orono, Minnesota that the proposed improvement be referred to the City's engineering firm Bonestroo Rosene and Anderlick Associates for study and that they are instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the City Council at a regular meeting held on March 8, 1999 by a vote of ayes and nays. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk ��-- -� i, . - _ _- ,�- - �� ' � ,� � � � - � �/ 0.. �y�� , ► �;-� ; � A,�� _�� • �• / :__j.,,� N ; : _ , � __ _ ' , / � - - , -� � .,,,: � - - -- . , �,•--,� ,• , , , , ., , , � - • , ' N , ,�,� N �, / . „ /,' .. ' , , � ' � 4, /' M '` / . �'.�.., N �� , , � � i � , �•� � i v �� , � N i, • � , � -� �, ' l _ , . _ ' N � � 1 ,�� ..� � � � x � , � -�-��_ Q Z h Z �. � , ��` N � � '� I C ;� � y ,a - , ` v i � � � L \� ��3c'�, _ .--_._ � _ p £ � ,;. r � z � I � ; a1;�A�_ N � -+�� ', 3 �, 3 .r -�__ ,u �/► � ; �--� � Q t • ; � pca -�-t� `_-!O � 7 4 � � �1 CJ V� ` {�l � , ' ' ct- � � , � � �1 M �� . � � 1 4 ' ' ly — •.� , ` � —� �. f � .� : ' .. ��; . _ � �� -`r� � ��\ 'l� ,\,' ` l � �� ' _ , �; "! • _ __- � V�. 1 � _ � � ' -�` 3 � �� i --=I � � L a ` � � C� �` � -- r N � � �''1 n� � M � � r �'Y 1 ��,r� ��,�� . --� �-, � o� ►� � � � . � , . h � � O � t� C � M N L M � . . . � . - � . Q1 . W � Q. N �� AO 9 � v � 0 N - M ' pf N M M -� � � 93�/ / N NX M O� // � �i i �� i i � i i: ... � Frederick Puzak 1340 Baldur Park Rd. Orono, l�Ilv 55391 �� Mr. Greg Gappa . FEB 2 S 1999 City of Orono C1 i Y O�O�O�yO 2750 Kelley Pk�vy Orono, MN 55356 24 February 99 Dear Mr. Gappa: I am writing as a follow-up to our telephone conversation yesterday during �vhich we discussed the possibility of hooking up to city se�ver. I began discussing this with Mr. Mike Gaffron prior to my purchase of the property in 1993, nearly six pears ago. During the past six years, I have also attempted several times each year to contact the owner of the neighboring property, 1�1r. William Franklin, to discuss upgrading my drive�vay easement to one allo�ving for utilities. Mr. Franklin does not respond. �Ty existing septic system has until recently served adequately, however, I am no�v forced to improve it. While an improved system should serve the property adequately for at least another generation, I would much prefer to have city sewer service, and since my property has already been assessed for city se�ver it seems only reasonable that it should be made available. Mr. Gaffron suggested that the city could provide a utility easement along my existing driveway through the use of eminent domain. Extending the city se�ver along the existing driveway easement to Lot 29 would appear to be a reasonable solution. If the city could commit to extending the se�.ver or at least to help upgrade my easement, I could forgo the septic improvement. Please let me know if you think a sewer hookup is feasible in the near future, or if I should go ahead �vith the septic system improvement. Thank you for your help �vith this matter. Sincerely, Frederick Puzak �-1` a Zc� 2,V�C.1 , TO: Mayor Callahan and Orono Councilmembers Ron Moorse, City Admi.nistrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE: November 29, 1993 SUBJECT: 1340 Baldur Park Road - Sewer Connection List of Exhibits A - Plat Map/Sketch B - Letter from David Mess 4/11/89 C - Table - History of Ownership D - Letter to Jack Collins (Midwest Federal) 6/5/84 E - 1982 Approved Preliminary Plat Drawing Summary This residence is within the MUSA boundary and has a nonconforming septic system(due to lack of 3' separation from water table identified by mottling) which must be replaced by 12/31/95. There is no place on the property meeting the minimum criteria for system replacement. Connection to City sewer is the only reasonable alternative. Connection Issues The house sits on Lot 30 (see Exhibit A) and is owned by David Mess. The sewer in Baldur Park Road only extends up to Lot 21, about 500' from the house. William Franklin owns I.ots 21 through 29 and 31 through 33, all of which are vacant except for a detached garage on Lot 28. Mr. Mess has a driveway easement through Lots 21-29, but not a sewer easement. Mr. Franklin apparently has refused to grant Mess a sewer easement(see Exhibit B). All of Lots 21 through 33 were owned by Gladys and Fred Olson at the time sewer was installed in Baldur Park Road as part of the 1965-LS-1 project. Lot 21 was assessed front footage, and Lot 30, with the house, was assessed one $225.00 sewer unit. A 1970 letter to Fred Olson confumed that the sewer was provided to the property and that he was already past the deadline for coruiection. In 1974 Lots 21 through 29 and Lot 33 were sold by Olson. The history of property ownership appears in Exhibit C. Although the City has sent many letters demanding sewer connection and had many discussions with the various property owners through the years, it can be argued that the property technically has not been "served" by sewer since the interveni.ng Lots 21-29 were sold twenry years ago. C � 12-- 13-`�3 ,, ` 1�'(zcL�``� c�� 5?�;�INE`v 1-� - C� Memo - 1340 Baldur Park Road November 29, 1993 Page 2 . The City for many years has been billing the Mess residence for both the annual septic ' charge and the quarterly sewer "available" charge. The property owner brought this issue to the City's attentian a few years ago but at that time it was apparently concluded that the dual charges were appropriate since the property had always been considered by the City as being served, and therefore the charges were an "incentive" to complete the connection. The property � is apparently now being sold by Mess, with no resolve to the situation. Staff Recommendation Staff is proposing the following actions to resolve this matter once and for all: 1. Abate the 1993 sewer "available" quarterly charges and eliminate future such charges until the sewer is available. 2. Continue the annual septic billing. 3. Staff to contact Mr. Franklin and determine whether he is interested in cooperating with Mr. Mess by providing him an easement at a reasonable cost, if any. It would seem to be to both parties' benefit to work together and install a pipe that will serve both properties once Franklin or his successor develops the vacant parcels. If Franklin and Mess resolve this, allow them to install (at their cost) a pipe that would serve their needs, according to City standards. 4. Absent Franklin's cooperation within the next ninety days, City to proceed with condemnation of an easement and construction of a municipal sewer extension to serve the existing house and the two or three probable additional units that might eventually be allowed to develop on the point (remember that preliminary plat approval for a total of three lots on the point was granted in 1982 but never carried out). Assess one unit to the existing house and two or three units to Franklin's parcels. Include the costs of condemnation and construction in the assessment. The basis for such a condemnation and sewer construction project is clearly a health, safety and welfare concern for the existing house. And clearly, the vacant property is undevelopable unless sewer is provided, therefore the property should gain in value by at least the cost of sewer if not more. Staff recommends that Council direct staff to meet with Msrs. Franklin and Mess, outline the above process, and determine how they wish to proceed. If there is no resolution at Step 3, then staff will come back to Council requesting authorization to go on to Step 4. ch HISTORY OF OWNERSIIIP - 1340 BALDLTIt PARI{ ROAD - P.I.D. Thru • � 1993 0031 Lot N 1973 1974-77 1978 1979 1980-81 1982-83 1984 1985 1986-88 1989 1990-93 Valuation 0006 Pt. 21 Olson Can-Am Can-Am Can-Am Can-Am/ Can-Am/ Franklin Franklin Franklin Franklin Franklin 1,600 Holdings Holdings Holdings Miller Tonka Lake 0007 22 Olson Can-Am Can-Am Can-Am Can-Am/ Can-Am/ Franklin Franklin Franklin Franklin Franklin 5,700 Holdings Holdings Holdings Miller Tonka Lake . 0008 23 Olson Can-Am Can-Am Can-Am Can-Am/ Can-Am/ Franklin Franklin Franklin Franklin Franklin 5,700 Holdings Holdings Holdings Miller Tonka Lake 0009 24 Olson Can-Am Can-Am Can-Am Can-Am/ Can-Am/ Franklin Franklin Franklin Franklin Franklin 5,700 Holdings Holdings Holdings Miller Tonka Lake 0010 25 Olson Can-Am Can-Am Can-Am Can-Am/ Can-Am/ Franklin Franklin Franklin Franklin Franklin 5,700 Holdings Holdings Holdings Miller Tonka Lake 0011 26 Olson Can-Am Can-Am Can-Am Can-Am/ Can-Am/ Franklin Franklin Franklin Franklin Franklin 5,700 Holdings Holdings Holdings Miller Tonka Lake - 0012 27 Olson Can-Am Can-Am Can-Am Can-Am/ Can-Am/ Franklin Franklin Franklin Franklin Franklin 5,700 Holdings Holdings Holdings Miller Tonka Lake i 0013 28 Olson Can-Am Can-Am Can-Am Can-Am/ Can-Am/ Franklin Franklin Franklin Franklin Franklin 7,800 GAR Holdings Holdings Holdings Miller Tonka Lake 0014 29 Olson Can-Am Can-Am Can-Am Can-Am/ Can-Am/ Franklin Franklin Franklin Franklin Franklin 34,600 ' Holdings Holdings Holdings Miller Tonka Lake � 0015 30 Olson Olson Olson Olson Olson Tonka Lake Midwesc Fedl Tonka Lake Duenow Mess Mess 212,400 HS Tonka Lake 0016 31 Olson Olson Taylor Olson Olson Tonka Lake Tonka Lake Tonka Lake Franklin Franklin State/ 41,500 . 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