HomeMy WebLinkAboutResolution 1379 � y';,. •
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;��� C�t� o� ORONO ,
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�.-�.'�'A ` RESOWTION OF THE CITY COUNCIL
� 3,;;` No. � �37� ..
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� � � N ' ORDERING ABATEMENT OF HAZARDOUS UNSANITARY
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BUILDING CONDITIONS AT 1950 SHORELINE DRIVE
AS LEGALLY DESCRIBED HEREIN -
WHEREAS, the City of Orono is a municipal corporation organized
and existing under the laws of the 5tate of Minnesota; and
WHEREAS, Eleanor Zylka, 2520 Arcola Lane, Wayzata, Minnesota,
is the fee owner of record of property located at 1950 Shoreline Drive,
Orono, hereinafter "the Zylka property" , legally described as :
� Lots 22 and 23, "Ora Park" on Lake Minnetonka
and that part of Lake Street lying between
the extensions of the side line of said Lots
22 and 23 and between the front line of said
Lots and the Northwesterly line of the Right-
Of-Way of County Highway Pdo. 7 beinq in line
parallel to and 33 feet Northwesterly from
� the center line of the existing pavement of
said Highway,
WHEREAS, the Zylka property is mortgaged •by the First National '
Bank of Wayzata; has recorded contracts-for-deed held by Emil Robie
Wayne and Kristie L. Wayne of 4418 Ellerdale Road, Minnetonka, A4innesota,
and Junius Stenseth 4015 45th Avenue South Minneapolis, Minnesota;
and apparently also has unrecorded contracts-for-deed held by West
Suburban Properties, a Minnesota Partnership of Paul Scherber of 2060
Shoreline Drive Wayzata, Minnesota, and James H. Smith of 1350 Rest
Point Circle, Mound, Minnesota, and/or by Thomas L. Scherber of 700
North Arm Drive, Mound, Minnesota, the later parties being the persons
acting as landlords to the tennants and being the persons contacting
and dealing with City Officials regarding the Zylka property since
October of 1980; and
WHEREAS, the City Council of the City of Orono, having duly
. considered the matter pursuant to Minnesota Statutes Sections 463 . 15
to 463. 261, hereby firids that the above described Zylka property contains
unsanitary conditions which constitute a public nuisance and which
makes this property hazardous to the public health and safety; as follows :
1) The on-site sewage treatment system(s) on the Zylka
property are failing, are overflowing onto the surface
of the ground, have not been properly used or maintained,
and are causing an immediate health and safety hazard
� to the occupants of the four rental units on this property,
to the neighbors and to the public generally.
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�}M� � Ci.t o� ORONO �
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'�� � RESOLUTION OF THE CITY COUNCIL
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. 2) The Zylka property is located in the rural service area
of the City where there is no municipal sanitary sewer
or water available.
3) The Zylka property contains four occupied rental dwelling
units (one duplex and two separate cabins) on approximately
14, 000 square feet of land, which developed density is 25
times greater than the minimum 2 acres per dwelling unit
required by City ordinances in order to provide adequate
area for property on-site treatment of sewage generated
on each property. ,
4) The septic system on the Zylka property has been malfunc-
tioning by discharging effluent to .the surface of the
ground every year since at least 1979 according to complaints
which are a part of the City' s official records .
5) Repair orders issued by the City of July 29, 1980, resulted
� in minimal repairs, which proved insufficient because
frequent septic tank pumping was still required and because
surface discharge of effluent reoccurred in 1981 and 1982.
6) Renewed complaints by neighbors and tennants in the spring
of 1981 resulted in an inspection by Michael P. Gaffron,
the City's On-Site Sewage Treatment Manager on June 12,
1981, at which time surface discharge of septic tank effluent
was witnessed, and at which time Mr. Gaffron issued an
inspection notice calling for immediate and continuous
septic tank pumping, for replacement of the drainfield
within 60 days, and for the property owner to contact the
. City regarding the steps required to make the property
conform to health and safety codes.
7) In order to supplement the June 12, 1981, inspection report/
repair order, and because the effluent surfacing problem
was then the same as in the two previous years, a more
formal letter outlining problems, code violations, and repair
orders was issued on June 22, 1981, to all known property
owners of record.
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.- �a � C�t� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
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8) The repair orders issued by the City on June 22, 1981,
have not been complied with and the septic system was
again discharging to the surface as of March 26, 1982 .
a) The June 22, 1981, Orders required vacating
of all but one dwelling unit on the property
within 60 days so as to limit inflow into the
septic system. All 4 � units have continued
to be occupied almost 1 year after these orders .
b) The June 12, 1981 and June 22, 1981, Orders
required regular pumping of the septic � tank to
. prevent further surface discharge. Since fall
of 1981 the tanks have apparently been pumped
every two weeks but this schedule has not been
frequent enough to eliminate surface discharge
which according to the tennants regularly occurs
before each pumping. In addition, the septic
� tank covers installed in 1980 have been removed ,
allowing immediate surface overflowing when the
tanks are full.
c) The June 22, 1981, Orders �required submittal of
a professional site evaluation report to determine
site capabilities and design of a functioning
sewage treatment system. On November 16, 1981,
. Thomas Sche,rber' s attorney submitted to the City
a report dated November 2 , 1981, by Percor, Inc. ,
attached to this Resolution as Exhibit A, which
report states in part "it will be necessary to
remove one of the cabins to gain more drainfield
area and also to reduce the number of bedrooms
serving the property" . Thus the existing site
cannot support a functioning on-site sewage
treatment. system for the existing four dwelling
units without reduction in the number of buildings
on the premises and reduction in the amount of
inflow to the system.
d) The June 12, 1981 and June 22, 1981, Orders required
repair or complete replacement of the on-site
sewage treatment system with a fully conforming
system capable of accommodating all sewage flow
generated on the premises, on or before September l,
� 1981. To date there has been no attempt to make
any physical improvement to the septic system on
this property.
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��� Cit� o� ORONO
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` "•��`�'� RESOLUTION OF THE CITY COUNCIL
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9) The open, overflowing septic tanks on the Zylka property
are located within 30 feet of the domestic water well.
The Minnesota Department of Health requires at least
• 50 feet separation from a sealed tank, and the City
requires at least 75 feet. The tennants have often
complained to the City about bad water. This proximity
of a well to an open, overflowing septic tank is a
clear code violation and a distinct public health hazard.
10) When the septic tanks and/or drainfield overflows, the
effluent puddles in the yard and adjacent 'to the driveway,
it runs down the driveway and into the public street
right-of-way for County Road 15, and it has been known
to fill up and flow across County Road 15 and directly .
into Lake Minnetonka.
11) When the septic tanks have been properly covered to
� prevent surface discharges, the tennants have complained
about sewage backups into the basement of the duplex
building. This situation also constitutes a health
hazard for those occupants, not only in cleanup and
residue, but also in being an attraction for rodents .
12) The uncontested need for extremely frequent septic
tank pumping clearly indicates complete system failure,
the tank pumping has not eliminated surface discharging �
of effluent, and yet the overly dense occupancy of
� the property has not been reduced to a level at which
the regular pumping and/or a new drainfield could
accommodate the volume of use.
13) Because of frequent often unrecorded sales of the
Zylka property, the City on July 10, 1981, caused an
original, certified copy of the June 12 , 1981, inspection
report and repair order to be recorded by the Hennepin
County recorder as a document in the chain of title of
this property, thereby putting any subsequent purchaser
on notice concerning the outstanding violations and
repair order requirements .
14) Considering the amount of buildings and hardcover on
� the Zylka lot combined with the number of dwelling units
� and the number of potential occupants, there is no way
to be sure that the system proposed by the November 2, 1981,
Percor Inc. report, Exhibit A attached hereto, will in
fact provide sufficient surface area to properly treat
and dispose of sewage generated on the property as required
by State and Local regulations .
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`���" RESOLUTION OF THE CITY COUNCIL
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NOW, THEREFORE BE IT RESOLVED as follows:
1) That the City Council of the City of Orono, pursuant to .
the foregoing findings and in accordance with Minnesota •
Statutes, Section 463. 15 to 463 . 261, hereby orders the
owner (s) of the Zylka property to vacate all four of the
dwellings • on said property within 20 days of the service
of this order, to seal and secure the buildings thereon,
and to prevent reoccupancy of any building on the property
� until such time as the hazardous, failing• on-site sewage
treatment system(s) is/are replaced in accordance with
City Ordinance #210 . The Council further orders that
, all personal property and fixtures be removed from the
property or otherwise be the responsibility of the
property owner (s) to properly protect and secure from
, loss or vandalism while the property is vacant.
� 2) That the City Council of the City of Orono, pursuant to �
the foregoing findings and in accordance with A�innesota
Statutes Section 463. 15 to 463 . 261, hereby orders the
owner (s) of the Zylka property to raze and remove one
or more of the existing buildings on the property in
accordance with the November 2 , 1981,- Percor, Inc. ,
report (Exhibit A) , and further orders the owner (s) of
the Zylka property to install a new code-conforming on-
site sewage treatment system in accordance with the
November 2, 1981, Percor, Inc. , report (Exhibit A) , to
connect all remaining dwelling units to the new on-site
system and to properly seal and abandon the existing
system(s) on or before June 15, �1982 . The Council
further orders that all personal property or fixtures
. that may unreasonably interfere with the razing and
removal of the building shall be removed within 20
days of the service of this order, and if not so removed
by the owner, the City of Orono may remove and sell
' such personal property or fixtures at public auction
in accordance with law.
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� s��� Clt� o� ORONO
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3) That the City Council of the City of Orono, pursuant
'to ,the foregoing findings and in accordance with
Minnesota Statutes Section 463 . 15 to 463. 261, hereby
orders the owner (s) of the Zylka property to limit
future use and occupancy of the dwelling units on the
property such that the total water use entering the
new on-site septic system be not more than a total of
600 gallons per day according to the design specification
contained in the November 2 , 1981, Percor, Inc. , report
(Exhibit A) , which volume of use shall be confirmed by
requiring the owner (s) of the Zylka property at their
expense to purchase and install a City authorized water
meter on the water well on this property, and to thereafter
pay a minimum' water availability service charge to the '
City to read such meter on a quarterly basis.
� 4) That the City Council of the City of Orono does not
� warrant or guarantee that the above required corrections
will be sufficient to solve the on-site sewage treatment
problems on the densely developed Zylka property.
Specifically, if any further on-site sewage treatment
system failures or violations should occur in the future,
including but not limited to further surface discharge
of septic system effluent, metered water useage in excess
of 600 gallons per day, and/or septic tank pumping
required more frequently than twice a year, that in such
instance (s) the City Council will at that time require
permanent elimination of all but one of the dwelling
units on the Zylka property.
5) That the City Council of the City of Orono further orders
that unless this corrective action is taken or an
answer is served upon the City of Orono and filed in the
,office of Clerk of District Court of Hennepin County,
Minnesota, within 20 days from the date of the service
of this order, a motion for summary enforcement of this
order will be made at District Court of Hennepin County .
6) That the City Council of the City of Orono further orders
that if the City is compelled to take any corrective
' action herein, all necessary costs expended by the City
will be assessed against the real estate concerned and
collected in accordance with Minnesota Statute, Section
• 463. 22.
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r�:�- C�t� o� ORONO �
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,��`y���`���"``� RESOLUTION OF THE CITY COUNCIL .. ..
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7) That the City Council of the City of Orono hereby
authorizes and directs the Mayor, City Clerk, City
Administrator, City Attorney, and other officers and
employees of the City to take such action, prepare, '
sign, and serve such papers as are necessary to comply
with this order and to assess the cost thereof against
the real estate described above for collection along
with taxes. '
Adopted by the City Council of the City� ot Orono on this
� day of ����,� , 1982 , by a vote of �_ ayes and .
_� nays . •
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Wil liam B. Van Nest-,,:b1�.yor
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ATTEST: -� . -
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c�`°���C��2� �"l'!=���2�e'�� ��` ' �
Alberta M. Strom, City Clerk �� ' ,: '
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� SI`PI�, EVALUATIQN REPORT
� � TxorlAs sc����R PROPEr3TY ' CItY OF ORUNO
' 195(1 SHORELINE DRIVE �'M ��G Klt�!"T
(?RCIvG, MINNESOTA •aTTAN �2 T��c ScNfQl4£IZ
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On September 1�, 1981 four percolation holes t,rere drilled
and tested and �:wo soil borin�s takAn on the above property to
determine the best possible solution to the present septic sys-
tem failure.
The percolation holes were dug 6 inches in diameter and 3 feot
deep except for hole P-4 which was dug 3.5 feet deap sinae 3t is
� at a little hi�her elevr�tion than tha other holes . The soil bor-
ings were dug 6 inches in diameter to ths 4 foot depth and 3 in-
chos in diar.;eter to the 7 foot depth. The percolation r.ales VIC?^8
dug with both power �and hand augers while the soil borings were
• dug with bucket type hand au�ers .
The percolation rate was very fast in this area but beca:zse
of the 3 bui�dings, small lot size, and existing we119 only a
sma11 drainField ar�a exists for expansion. Existing drainfield
rock was encountered �ahile digging a hole between the hause a�d :
the westerly cabin while gravel and cinders were encountered
near soil boring 1 which indicates a possible filled area ar even
an old drainfield bed. 'Phus, �he only good area for a drainfield
exists in the northwes� corner of the property although some fil-
ling had been done �near hole P-3. ihus, it will be necessary to
, remove one of the. cabina to gain more drainField area end also
reduce the number of bedroomr3 serving the property.
, Additional eystem design information rollows. If �9 other
� information ia needed, pleasa contact me.
_ . .
� Sincer�ly,
� PERCO�, INC.
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A�iark S. aronberg, P.��
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THOMAS SCHERBER PROPERTY
� 1950 SHORELINE DRIVE �
, ORONO, MINNESOTA
Percolation Resizlts
Hole No. ' Aiaberial Percolation Rate
� P-1 Brown Loam 2.4 M3n./inch
F-2 Black Loam, Gravel �.5
Y-3 Black Losm l�.b
P-t� Yellow Brn. Loam 8.0
The aver�.ge percolat3�on rate is 5.1 minutes per inch.
Soil Borings •
S.B. 1
� De�th(f t. ; Alaterisl �
0. 0-0.8 Black Loam
0.8-2 .5 Dk. Brn. Coarse Sandy Loam
• �•5-5•0 Gravel and Cinders
5. 0-7.0 Gray Clay
Aiottled sail at 5.0 feet and water table at 5.5 fee�t after 2L�. hr� .
S.B. # 2
Depth(f t. ) Material .
C.0-1. 0 Black Loam
1. 0-3. 5 3rczan Loar►
3•5-5• 0 Lt. Brn. Clay Lo�;m
5.0-6.0 Gray Clay �
6.�J-7.0 White Gra,y Clay .
Mottled soil at 5.o feet and water table at 6.2 feet after 2L� hrs .
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1. P�rcolation �-?ato. `l�-ne or S�stam.
.5.1 minutes ner inch, Shallow Trench ayste�.
2, Pror�osed j�lota i�` ata,
i� bedrooms (eliminate 1 cabin) C� 150 G.P.D. - 600 G.P.D.
3. ��il Trea��ioi:t :irea. .
�� �7 � V�iO 1701 s✓• = IV� S(�� i��,� .
�;.a �i�e and i�ur.�bar oi Trenches,
5 trenches 3 i'eet wide and 50 feot long = �50 Sq� r�t, ,
`.��'hcse trsnc'_-:es v�ould� be 7.E� fe�-:t center to eontar ar_d are
shot�,n 'on t'.�ie drar��ing, Thus, tne �.est cauin ti�ould ha�e to be
• eliminated. aince the land slopes Prom north to south, the
trencho� c•rould have to be about 0,5 fe=;t deep at tize aor�th
�nd l.5 fe:3t de°p �.t the north, It would also be possible to
eliminate �tho sou�h cabin instead of the t•�ost cabin and ?�ui
th3 trenches lon�er but the trenches i��ould be getting closer
to some poorer �oil conditions.
5. �ocic :3eauired.
?_7. � cubic �ards of rock would be required to have- 6 inanes
under and 2 inc�les over a 4 inch distribution pipe,
6� Se??t�C `1�A.rilt9, , �
'!�ro soptic tanks each of at least 1000 gallon aapacity are.
requirod. 7f the present tank i'roM the main rear is acceptable
it could be usod �Jith another tank, rhe plumbing from the maira
fron� would have to be diverted to the rear and the plurnbing
from the �outh cabin would have to go to the Pirst tank at the
main rear also. It would then be necossary to have a pump and
• Pw'"1P�ri� compartment in the �econd tank or a third pumping tank
to elevato the e�f].tient to tho hi�hor drainfiold area.
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