HomeMy WebLinkAboutCorrespondence re septic system � ��
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`9$EggOg' 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
February 7, 1997
John Nolan
1540 Fox St.
Wayzata, MN 55391
Dear Mr. Nolan:
Due to a recent home remodel, you agreed to set aside fifteen thousand dollars until your septic
system could be evaluated to determine what upgrades would need to be performed in conjunction
with the remodel. I met with you in June of 1996 at which time your system was found to be non-
compliant and a new system would be required by the August 1, 1996 deadline. When we last
discussed options in July of 1996, you were deciding whether to have a new design completed or
install the system previously designed for you. Since then the home remodel has been completed,
but the septic system has not been upgraded.
Your bank,Norwest Bank Minnesota, has been notified that the septic system upgrade has not been
completed. Therefore, the funds in the escrow account will not be released. If the septic system
upgrade is not made by July 15, 1997, the City will be forced to draw on the escrow account to
upgrade the septic system.
Please contact me at the City offices to resolve this matter.
Sincerely,
�
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Step en Weckman
On-Site Systems Manager
cc: Kip Heegard, Vice President Norwest Bank Minnesota, N.A.
Telephone (61�) 4'13-7357 • FAX 473-0510
�
June 17, 1997
Steve Weckman ,�,
City of Orono , �C��
P.O. Box 66 C,, ��/y� �✓�.�
Crystal Bay, MN 55323 ��_ B
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Re: 1540 Fox Street �''' �
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Dear Mr. Weckman,
As you know, I have been proceeding on the installation of a new septic system. As such,
I have enclosed an amended system design. Apparently, and unknown to me, the system
which was previously designed, was for a three bedroom house. We currently have a four
bedroom house. Please review this information and let me know if there are any
problems.
I have been very frustrated with the process of getting a contractor out to even get a bid.
I have contacted several contractors and had very little luck getting a bid from any of
them. Although I have contacted many companies, I currently have only two companies
from which I hope to receive a final bid. Frankly, for whatever reason, I am having little
luck hearing back from them despite numerous calls. Nonetheless, I am proceeding.
However, if you have an updated list of septic system contractors, I would appreciate
receiving this.
Lastly, in looking through my file on this matter, we discussed and you agreed to send to
me, the information which requires us to do this work. In particular, the particular event
which triggers or necessitates this work. I do not recall seeing this and I could not find a
copy in my file. Would you please send this to me.
In the mean time, I am moving forward. If you have any questions please call me at 546-
3206.
Ve tru urs `
;
John Nolan
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�,��-� CITY of ORONO
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kEBH� 2150 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
June 24, 1997
John Nolan �
1540 Fox St.
Wayzata, MN 55391
Dear Mr. Nolan:
You requested information regarding the City's "triggers" which necessitate your septic system
upgrade. I have enclosed a portion of section 12.30 of the Orono Municipal Code. This section
specifically requires the review of a septic system capacity whenever additional bathrooms or
mechanical equipment are likely to affect the operation of the septic system. In your situation two
bathrooms, a laundry room and a garbage disposal were added. As you began the remodel in the
winter, we asked for money to be held in escrow until we knew what, if any changes would be
required.
In the spring of 1996 I told you that we needed to verify the size and condition of the existing septic
system to see if it would be adequate for your residence. I met with you in June of 1996 at which . ,
time I found only one septic tank and could not find the drainfield. In order for you to show us that
the system was of adequate size and construction,you would have to pay a contractor to locate your
system. I told you that locating the system could be costly and it may prove your system to be too
small or not in compliance with current codes and require replacement anyway. At that time we
decided to perform a soil boring to determine whether a standard(in ground)trench would meet the
current code. The soil borings indicated that the existing system could not meet current standards
and a new system would be required by August 1, 1996 deadline.
We have been working with you since then to get the septic system upgraded. The septic system
design submitted to us has been approved. Please make sure that your contractor gets a permit for
the septic system by July 15, 1997.
Please contact me at the City offices if you have additional questions.
Sincerely,
��„/
Step en Weckman
On-Site Systems Manager
Telephone (612) 473-7357 • FAX 473-0510
June 30, 1997
Stephen Weckman
City of Orono
P. O. Box 66
Crystal Bay, MN 55323-0066
Dear Mr. Weckman:
I received your letter over the weekend. I appreciate your sending me the information
regarding the "triggers" which necessitate a septic system upgrade. I would like to correct
you on the scope of the construction on our house. Two bathrooms were not added. Two
bathrooms were relocated. A laundry room was not added, it too was relocated. A
garbage disposal was not added. There has been no increase in any bathrooms or
mechanical equipment whatsoever at our house. The only increases were attaching a
garage and adding a family room off of the kitchen.
As you state in your letter, to facilitate the construction, I agreed to put money in escrow.
In the event it was determined that a septic system upgrade is necessary. I remain prepared
to do so. However, I did not see anything in the City Ordinances that requires or
"triggers" a septic system back in 1996 nor do I see anything now. You will recall that I
have mentioned this many times before and we have had this discussion before.
As stated above, I am prepared to move forward. As I mentioned in my previous letter,
although it has not been easy to get responses, I have finally received a bid (albeit only
one) to perform the work based on the most recent system design. Nonetheless, while I
am certainly willing to comply with the city ordinances, I do not see that the ordinance
requires me to upgrade the existing system. I should add, the existing system shows no
sign whatsoever of failing.
Please advise me as to the City's position on the above.
Very trul yo rs,
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� cirY oF
. ORONO
�.��f���.�r�
John Nolan
cc: City Administrator J��' 2 1��7
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lf'EgKO 2150 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
July 21, 1997
John Nolan
1540 Fox St.
Wayzata, MN 55391
Dear Mr. Noian:
Per your letter to me dated June 30, 1997,you claim that no bathrooms, laundry room, nor garbage
disposal were added to your property. I contacted Hank at Aqua City Plumbing to verify what
changes they made to your residence. After he examined his records, he found that they had added
a laundry room, but the si-ik from the old laundry room was not abandoned, the upstairs bathroom
had a shower added, a bathroom was added off of the foyer, one bathroom was relocated, and a
garbage disposal was added. He did not know if an existing garbage disposal was in place before
a new one was added. Also, the plans submitted to us for your remodel confirm the plumbers
records.
Since the evidence provided from your remodel plan and the plumber are in agreement and both
indicate that plumbing was added to your residence,the septic system must be shown to be adequate
to serve the residence. Since you have not shown that the existing system is suitable for your
residence over the past eighteen months and you have submitted soil testing and design for a new �
system, we ask that you get a permit to construct a new septic system for the residence. If a permit
is not issued by August 1, 1997 and the installation of the septic system completed by September
30, 1997, the city will pursue legal action.
Please contact me at the City offices if you have additional questions.
Sincerely,
.. 9"'�
/�" �/ �
Step n Weckman
On-Site Systems Manager
Telepd�one (512) 473-7357 • �?� 4'73-0510
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P. O. Box FFi
Cr��t;�f $a�,;�1P1$5323
R�.: I S�lt) Fox S�rcct scplic systeit,
Iu o�der to�urc a building pernut frc,m the Cih�of Orono for��•ork to}��one on our home as specified
in the plans b}• Parth Architects d:ited Septembcr 9, I995, �vc Jotu�and 1ck�n Noia�i�gree lo set up an
escrow account at Nornesl Banlc to etuure pa}-rnent for��ork ta he don�on our current septic svstem or
ne«•septic sy�stem as may be rCr�uired hy tlie Cin�of Orono Orc3inanccs, said work ro be perforn,er;b�•svch
contraciors as arc dcsigru�tei!by� u5. •
.4s oti.r�ers ot the propem txatzd at 15d0 Fox Str�t Orono, I�fN n�e undersi.��nd that ti�c may need to
upgrade ottr septic system fur it to confonn to and be sdcquate for tl�e t�se bf thc residcnce and agree to "
uPgrade the Septie 5���tetti;fccordingly as soon;�s is practieal if required by the Ciry of Orono Ordinances.
In such casc, the upgrade of tl�e svstetn sh;�li be completed no I:�ter t1�an Juh� ;�1, 1996 unless it can not be
cotiipleted for r�r�s be��ond our control_ Ir, the e�•ent that the svstem is not co�ttpteted by such date, the
Ci[� slialt ha�•e the ri�ht to u,te thc tt�or�ies in the Nonti�cst eecrow account to complcre thc�vi�rk.
A IClter from NoCtit•cst IIank co�tfirming thc esiro�v is.ittached Itcrero. I
Un a sic3e note, I l�a��e cliscussed«iih Ste�•c Weck,n:u�of the �'in�of Oroilo, n1��concern that the eit}�n�Il!
instal!se�tier scrvice sometiRie in the futwe renderii�g any ��ark or►the s�ptic systett� funclionally otys�tete.
f�o�vc��er, it is nty undcr�tancli:►g,based on a couver�,�tion n�th Ste�•e, that t��e city is nol planning to
inslall sci�•er sc;n ice to our home is� the foreseeable fitture_ I have discussed n'ilh Steve my interesi in
iiicli�rling this in this Ict!er to«•hi�h he had nu ubjection.
I 7�7�)CCCI�tC}'lltt7 (IfEIC C1i?1_Liis n�attcr, ���puj� [I1CrC�9n}-qucstiutts p►easc call me. My p,ione munbers
;tre:is follo«�s: (w}S4G-32oE+ and(li)473-b�7G.
V��� �tn� '}�c�urs,
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Joiin Notan
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___ r------ -- _ —�_ " Kip Heegaard ���
Vice President �
Norwest Bank Minnesota, N.A.
Norwest Center
Mo�awEsreaNKs Sixih and Marquette
D E C 2 .� ;''�`�� Minneapolis, Minnesota 55479-0073
612/667-8876
December 19, 1995
Attention: Ronald Moorse
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
RE: 1540 Fox Street Septic Svstem
Dear Mr. Moorse:
This letter will certify that John and Joan Nolan have established an escrow fund at
Norwest Bank Minnesota, N.A.
The condition of this fund is that John and Joan Nolan have agreed to upgrade the septic
system at 1540 Fox Street, Orono, Minnesota, if required by the City of Orono
ordinances. In such case, if the City Administrator of Orono certifies on or after August
1, 1996 that the upgrade of the septic system at 1540 Fox Street as required by the City of
Orono Ordinance has not been substantially completed, then and in such event, the City of
Orono shall have the right to draw upon the escrow account for the purpose of completion
of the septic system upgrading up to an amount not to exceed fifteen thousand dollars
($15,000.00).
I trust this information meets your requirements. Should you have any questions
regarding this arrangement, please feel free to contact me at 667-8876.
Sincer
�
ee ar
Vice President
cc: John and Joan Nolan
Name Address Securi Comp Date Exp Date
McCune 1�"73 Bay Ridge $15,000 Certi£ 7/31/96 1/31/97 � ����t] � ��'�-f'
Bouchard 1860 Shoreline $14,092.50 LOC 7/31/96 11/28/96 r D� �
��
Whitworth 1425 Bay Ridge $15,000 Acct. 7/31/96(98?) 1/31/97(99?) ��� �Q(�(l�
Alworth/Hitch 40 Smith Ave. $15,000 LOC 8/12/97 8/12/98— � � (,r`� t� s[.W`Q(�
Maresh 2085 Sixth Ave N $15,000 LOC 7/31/96 6/1/97 -,�,� �(�V�Ir
— --- __
� Nolan 1540 Fox St. $15,000 Escrow 8/1/96 2/1/97 �
�_�_, _ Fund
--—_--
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Prom: Mic,hael t�. Gai �ron , t,sst i . ..,. ,. : . . . . . .. . • . .
Date: Auc�ust 7 , ? ygy
Subject: #1431 Luci.� taor� �:or. , :�ui,�li •,- i .
Se��tic rc�vi c:w
This is an ��c*rc�mely 1 imite�] :;it �•, , ,
of the F�roperty has s 1 oE�es in c�•,,cc. r; :, � �, �'� f i cant E. ortic.:�
clifficult to locate suitai�lc� cirain: ir�l ,; ' � :';��xinq i t •:c�r;
Z wauld make thP fo7 lowing CJIi,f'���;. ' �•�: � : �linq � t,� seE�tir
system information pro•i i dF�cl ( ��n�? ; . ; �, , ; �i ��; ) witt� thi c
suhdivision apF�lication :
1• Proposed Lot 1 cont:ains ��n �•;: ; , ; ,,,,
� ;� ��:,•, The existin<
septie tank/clrainfieJ.cl syst �;•rn ;;<,��. :,�,• �,�•..,; c�rifirme�l �is tc�,
lacation, conc]iticn or r���iqr,. . . :, i , ,. i r,SE,c.ction found
no evidence of drainf ield or r �,r,r :,� i :: � t�� 1 ocaLion shown, �
alth�ugh our record carc3s h�,ri -� . � r�<, 1 1 y in:licat�c3 the
locati� - of that system in that � r�-�:.
It will be neressary for t}�e .� ,.;, ; , : n+. ��i� h�r agents to
locate the tanks and c3rainfael �3 r,:. : ;; 1 .,�, verify that the
system does not cross the propo�;�.�; i �,• . , „ ,
2. The existing wel 1 location i s r.�,r -:�,cu.•��,r;ted. Since the
well locati.on lias �� signif i c �� r� � ,
dr.ainfield sites, it must Y�e foun�l r,•,-, 1 ,,1,���_��,n�, "n E'°��-'ntia 1
3 . The proposed alternate dra� r:f ; �_ ; ; ::i te for I,ot 1 does
not meet minimum code stAndards. F'cr • ;.F�• �,4 MF�I ��ercolation
rate reported, the mound cann��� :,�-
_ ,. l :�c��r3 on slopes of
�reater than 6$. The proposed sit�• h��s sloE�es ranging from
0$ to 138. Additionally, this 4-i, ,-:���r, homF would need a
dedicated �rea of aPproximately •;i, 'x�sr, � t;;u* rt,cets the soil
and slope criteria. Even if the ., l c,,�s r� t t t�is site were
suitable, the edges of the moun�? wc;. ; cl t,c� 10' from the new
lot linp rath�r than the 2U' rec;�_; i rec� , and the opposite
corner would be just a few feet fr�,;,, �,r�, ��xi .;ting F�r. ivate
driveway easement which, if ev�r -'.�::- .. ; � . -
si nificant � - 't�''�- , Wouid create
9 problems for the mour�� .
In summary, the i.nformation provi �:�� � ; �>r ;,ot I is totally
inaclequate, incomplete, arid n�t tl:c,r ��u�;i, r�r comj�rehensive.
I had to go ttirough an actual c�c:; i ��:; l,rUCC SS for the mound
(since none was provided ) in orr3��i- � -, �?••� ,.rj, ;i;� Whether the
alternate sitE� was feasible.
= i �t31 Lucia Morisor� , SLuc3j.visian
I:uyust 8 , 1989
' '<<��� 2 O£ 3
4. I?egarc3inq pi•opos��c3 ;.oC 'l, ri�e ;-: . . . � . •� �, loc�,,! �• , .
the borde:r of a low �leE,r�ssic;r, , �,:; : . : : . • •�-; t�y :;t�..,,i
sl�pes, drainaye anci t he nei�Jlil��rit��r �;. _ . : :.vc t. aE%f,e��r:; t u
be only 1 cri entation for a n�c;unc3 �, ? �_ . . .. .. , • .• • t,a � ��-�tl r.,ce,
the criteria foi the mounc3 systEr, : � . . .; - r �::? room h�usc,
while allowinq the rerout.iny of �1r �� : ;, , t• • �; ,�rot�ct tt�ar
tnounc.] sitc•. This wi 11 foi'ce th�_ ��r��; : ,: . ; i,�,u�:,• :,ii�� 1t�t-o �.n
area of sloE,e r��nc�ing f rom 1 `_� !, t �� ; . . ; ;, ����I,f.r�� 1 , thi s
�nounc3 sit� is accc�tat�le fcr a 4-t,c•�?r�.- : �,c, �;�•, wouic3 r�ot bF�
large enough for a 5-bec?room housc•, . ::-; wi i 1 take carefu !
site planning anc] sit� gr.a�3i.ng wor'r. •��- �•;,�, :I ,� �� functional
system.
5. �'he altc�rn�ite si te E,roE�o;;c�; � r,r :,c, . : ., 20U' to the
north , on the north �ic3e of tt,e e•r.i :, � it,<� �lrivcwa y which
b i s e e t s t he lo t. 7'liis northerly clr�, ir.: i �� i c? :;i tc has varied
topogra��hy that does not st�ow up cl c�r�r : •,• <,n tt�c• t:o�,ographic
survey. While some portions of thc� :, i � �• �,�, �,�-�F,far to be at
3$ slope, a portion of the area i,���•;1���3 �or cirainfiel�i
appears to be at slopes of 6-lU ��. Ir, �,: -l._•r for r.his to be
verified as a viable si�e, the sitc: �•�, ., 1 ��� tc,r. will have to
stake the exact layout of a muunc3 �,�:, �.�:;;; ( E,resume a �l-
bedroom home) ana show that thc: � l �,�,c.:, t ;,1 uuyi,our. the treat-
ment area are a 1 1 1 ess tt�an 6�,.
This site also is just uphi 11 f r�_,: ,� �� � ,� i nac�eway that
�aral lels the privat� roac3 cominq f r c,: t;,�; r�orthwest. Thi�
drainageway is currently clry, and ; t , :; r, �r known to what
degree it is filled during wet season�,. �t'h�, c3rainage�•ay may
have some effect on tha� proper fur:ct : �;r. i r,�j o£ the mcund i£
the drainageway stays £ull oF water fc>: �,��n�e F,�riod of time.
The site evaluator did not. account :"��r r_::�� tc,�,oc�raphical
inconsistenciPs nor the drainaq�way i r, !� i s rev iew of this
site. A�ain, I had to go through �� cle:, i cr,. i,z-ocess in order
to verify whether thi s site was fe��:�i: : t:.
6. In genera 1 , the proposed p 1 at 1 �:� •; �•�, i i t t 1 c� or no area
to p 1 aee a house thnt wi 1 1 not a f f ac:t c : i��• �f f ected by the
drainfield. The alternate plar , c�:-. �.�t, ich my seE�tic
information has beer plottec� , WUII l <: ,� 1 i ow a house sitc
directly sou�h downhill from the ��xist ir.�3 !�ouse, but in an
area wh�re slopes range from 20- 2 ; % . �I'h� a��� l icant must
c?etermine whether it is reason��k, l �� o: feasir�le to be
constr�cting a house in thi s 1 oca t i c.:�. ;, 1 so, Qi veu the
required setbncks and need for c3rivewa}�s, �tc, it would be a
poor decision to locate the hou:�e s��utt� of the pro�osed
primary mound site on Lot 2. In my ol,ir,i�n, this would lead
to nothing but major encroachments into the mound site
during construction as well as prc�t�abl e a�3ditional run-off
to the primary mound site that it ��oul �: nc.t t�andle.
. . �-
#1431 Lucia �torison, Subdivision
August a , 1989
Page 3 of 3
This is perha�s the must difficult : .i .;ivi�;ivn I hav�� se�:;
in some time, from the stanclpoint tt�at s : �j-��:. ,,:,�i soi 1 s rc;a'r.c� t :� i �
4.5 acres of dry buildable land unsuit ��; 1 �- f�r ;:.,;re thac� just th�
existing hui ldiny site. In my oE�in3 c�I1 , ; � wi 1 1 t�e uif f icu 1 t i f
not impossible for the aF�plicant' s ��.qc•r:t :; t: o find a sufficient
alternate drainfiel�i site for L�t ] �,��;: sri 11 have a second
buildable lot. The steep sl�pes ar;cl i:� ,t, :;c�asc�nahle water table
clay soils combine �o severely limir r ;.�� c:e•; E• lo��ment of tt►ia
property in a reasonable manner.
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