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HomeMy WebLinkAbout12-04-1975 Metro Waste Control Commission Conference Minutes CITY OF ORONO, MINNESOTA CONFERENCE HELD DECEMBER 4, 1975 Acting Mayor Massengale called to order a conference for discussion purposes prior to the Minnesota Waste Control Commission public hearing. In attendance were Councilmember Paurus, Bruce Malkerson, City Attorney; Brad Van Nest, Orono Planning Commission member; . �� Richard Dougherty, Chief Engineer for MWCC; Ruth Fieustad, Orono' s representative from the MWCC; David Graven, Attorney for the MWCC; Stephen Allbee, Planning Coordinator, Government Programs MWCC; Jim Barton, Director of Local Planning Assistance, Metropolitan Council; ` Klaus Foerster, either PCA. or MWCC Engineer. It was decided the morning of December 4 , 1975, that it would be advantageous to have an informal meeting with various representatives of. the MWCC prior to the public hearing to review certain questions that the City had concerning the proposed interceptor. Councilmembers Massengale and Paurus met with Planning Commission member Brad Van Ne�t and Bruce r�alkerson at lunch to review the environmental assessment and other documents filed related thereto and to review the City's questions concerning the proposed interceptor. Thereafter, the above met with various individuals at the Freshwater Biological Institute. Barton stated that he is the Director of Local Planning Assistance and the organization provides technical planning assistance dealing with issues in municipalities such as the development frane- work, construction of interceptors and other projectso He previously reviewed the Orono Comprehensive Land Use Plan in August, 1974. Massengale stated that the present Comprehensive Sewer Plan of the City does not reflect the Comprehensive Land Use Plan and that that sewer plan must be amended. Barton stated he was aware of the fact that the City of Orono spent vast sums of money for a Storm and Surface Water Management Plan and was very impressed by that fact. He stated that new plans are being developed now by the Metropolitan Council concerning the Waste Water Management Plan and the City of Orono should become involved concerning same. He noted that the Metropolitan Council did not have a classification known as the scenic � 3rkway and they should have one. � ' CONFERENCE MINUTES OF DECEMBER 4, 1975 Page 2 � Graven reviewed his understanding of the points • of possible conflict between the MWCC and the � City of Orono. He noted that the Council policy as expressed to him by Bruce Malkerson was that � this area was zoned as two-acre lots. He noted that the Metropolitan Council devemopment guide � showed this area as urban service area or possibly the urban service area and the MWCC does not get � involved in such policies but its jurisdiction is limited to the location and use of sewer • pipes only. Barton stated that the Metropolitan � Council is preparing procedures now that will provide for the redefinition of those boundaries � from those which are abmiguous in nature to precise boundaries. • Graven noted that the MWCC had the Orono Comprehensive • Plan and Comprehensive Land Use Plan and he under- stood that the City was amending the Comprehensive � Sewer Plan to reflect the Comprehensive Land . Use Plan. � Massengale noted that putting an interceptor in the ground is pro-development. r Graven stated that it is not for the MWCC to � decide if the pipe goes in but the PCA makes that decision and directs the MWCC. Moreover, the MWCC is not concerned whether or not Orono uses the pipe for development at all or whether or not Orono extends any trunk lines from that pipe. � Paurus stated that development itself is acceptable � but only if such a development does not have adverse effects on Lake Minnetonka or the watershed • and the citizens of Orono. That is his major concern. � Graven indicated that they now have a complete � list of all of the easements that have been granted that purport to grant hookup rights. We should � obtain copy of same. Graven stated that the MWCC does not allow the local municipality or anyone � else to hook into an interceptor unless the following occurs: w A. The City applies for a permit to allow such hookup; � B. The proposed hookup is in accordance with the • plans of the MWCC and the Metropolitan Council; c�. The proposed hookup is in conforrnance with Orono' s � Comprehensive Sewer Plan and Land Use Plans. � He noted that if an individual wished to hookup without first having fulfilled the requirements set forth above, � that the MWCC would not allow any tap ins. � � � � � � . CONFERENCE MINUTES OF DECEMBER 4, 1975 Page 3 � • Van Nest noted that Orono is having major difficulties with the P�etropolitan Council and � the MtaCC in that this property is shown in an urban service area even though Orono requested � that it be placed in a rural service area; that there is a proposal for an interceptor in this • area, that there are easements which purport to grant hookup rights and stubs are being planned � on top of this interceptor. � Dougherty stated the following: The AiWCC manages � the system of interceptors. It is up to each local government to tell the MWCC through its Comprehensive � Sewer Plans how the cities plan to use those interceptor, if at all. The MWCC often builds 1 stub connections when laying interceptors so • that if the City ever in the future plans to utilize them, they wll be available. He understands the � concerns of the City concerning the location of the proposed stubs. He notes that the City can't grant � permission to hookup to those stubs if it is not consistent with the City' s Comprehensive Sewer Plan ` and consistent with the i�IWCC and the Metropolitan Council plan. � ` Van Nest stated that the proposed amendment to the Comprehensive Sewer Plan will provide the necessary � changes to make sure that the Comprehensive Sewer � Plan is in conformance with our Comprehensive Land Use Plan and wants to know whether or not the MWCC will accept that amendment. � Dougherty stated that this proposed interceptor • involves the Cities of Long Lake and Maple Plain. � The City of Orono can resubmit and amend the Comprehensive Sewer Plan as many times as � desired. The MWCC will accept the proposed amendments as long as they are consistent with � the community plans of others and the overall MWCC plans. He noted that there have been � instances when the Metropolitan Council says that the MWCC can build an interceptor but that that � interceptor under no circumstances can be used ` for local connection. (Orono should obtain the same assurances. ) � Van Nest wanted to know if we change our Comprehensive i Sewer Plan if we can get the Metropolitan Council to show that no hookups will be allowed to the � proposed interceptor since the City does not plan to provide trunks and laterals in that area in � the foreseeable future, since the City plans to • keep this area as two acre residential. He noted his fear that the old philosophy will once again prevail, � that once an interceptor is in the ground, urbanization will follow. � � � � • . � CONFERENCE MINUTES OF DECEMBER 4, 1975 Page 4 � Dougherty stated that the MWCC is building this interceptor only to eliminate the effluent that � is presently being discharged into Lake Minnetonka � indirectly from the two existing sewage treatment plants. � Bruce Malkerson noted that the easements purport � to grant hookups and that such a purported grant will cause problems for the City in the future. � Moreover, the MWCC should come in and condemn these properties outright and eliminate even � the purported rights to hookup. P2oreover, in • the instance of one or two properties which purportedly have the right to hookup to � the system because of disruption to their private onsite systems, the MWCC should inform those � owners that the cannot hookup and that the MWCC will pay for the necessary repairs to their � onsite septic systems. � Van Nest noted that if Gregory who owns property i along the proposed interceptor, decides he wants to rezone his property from two acres to one- � half acre lots, he will say that he has sewer available since he has an agreement with the � MWCC and should be allowed to rezone. � Bruce Malkerson reviewed the possible adverse � legal consequences of the purported grants of hookup rights by the MWCC in the easements and • because of the antiquated language and incorrect language of the environmental assessment. � Van Nest noted that the Met Council might say � that because the tube is in the ground, we are now an urban service area and that is a strike • against us. A second strike against us is the fact that the interceptor is two and one-half � times of the population projections for the City � of Orono. Over our objections, the Metropolitan Council has placed Orono in an urban service � district and we want hash marks placed on this proposed interceptor noting that it is not to be � used for local development. 6ae have just completed our Comprehensive Land Use Plan and � the Zoning Ordinance related thereto, and this proposed interceptor could negate those accomplish- � ments. � Massengale noted that Orono has undergone an ! extensive review of its land use policies in the last four years which have resulted in the adoption � of a Comprehensive Land Use Plan in the fall of � 1974, and a Zoning Ordinance effectuating t�at dated January 1, 1975. These zoning changes were necessary in order to protect the health, safety � and welfare of the citizens of Orono and to preserve � Lake Minnetonka and the watershed district from • � ' A CONFERENCE MINUTES OF DECEMBER 4, 1975 Page 5 � excessive urbanization. He noted that the original � comprehensive sewer plan reflected policies that are no longer valid because of the increased and ` new input by various agencies and City staff reports in the last four years. � ' Dougherty stated that Orono should tell us what it wants as it is Orono' s preogative and as long � as the suggested changes do not prevent MWCC from abating pollution in neighboring cities with this � proposed interceptor, abating pollution in the City of Orono itself, and does not create pollution, � that the MWCC will amend the Comprehensive Sewer Plan as Orono wishes. It certainly is acceptable � to the MWCC to effectuate completely the Orono • land use policy with the above provisions. � Massengale asked what options does the City really have left concerning this interceptor? � Dougherty stated that the location is now well � established, Maple Plain in the future will want to hookup to this interceptor, and quite frankly � there are no options. This project has been in � the capital improvement program of the MWCC since 1971, the engineering is completely finished, and we have prepared now to apply for the final grant, the PCA has this matter tentatively funded for FY 1976 , and the EPA will provide said monies. Originally all was to be completed by October l, � 1975. In late September, the PCA told the MWCC + that there had to be a public hearing in the City of Orono. In the past, the PCA had never • required such a hearing. Therefore, the PCA extended the deadline for an application to the � PCA to December 15, 1975. The MWCC must submit to the PCA and the EPA the minutes of this public � hearing, all written statements submitted in relation thereto. He noted that if there are no � horrendous objections, then the PCA and the EPA will okay this project to provide funding. He � stated that if we do not develop this project � in 1976, then it certainly will not go in in 1977 since there is no Federal money available. � He stated that the PCA says that enforcement and grants are not synonymous. The PCA might order � the MWCC to build the interceptor next year even if Federal funds are not available. Or, the PCA ! may order the P�IWCC to order Orono to upgrade the • sewage treatment plants at the sole cost to Orono since the proposed interceptor is not in the ground. � The PCA has threatened other communities upon four occasions in the last sixty days. The cost of any proposed interceptor built without Federal funds would be borne by the metropolitan area, the City � of Orono, or the Southwest Sanitary Sewer District. � • �" � � CONFERENCE MINUTES OF DECEMBER 4 , 1975 Page 6 � Massengale stated that the Council had reviewed ' various alternatives originally only conceptually and it was understood that this proposed interceptor � was only to take the sewer plants off the lake. The Council has never seen any detailed plans or � specificaitons concerning this and the Council certainly cannot make any wise decisions in this � matter without first seeing those plans and specs. � Dougherty statec: th�it the Metropolitan Council in adopting the development framework guide did � not set down any precise boundaries but that Jim Barton and Ray Ody of his office are developing � a joint task force group to put together the ' procedures defining those boundaries precisely. He assures us that that group will listen to the � input of Orono and implement your land use plan if at all possible. � Massengale stated that the City will not tolerate � the notion that a pipe in the ground will dictate land use. � . Barton stated that Orono should have input into the development of these pr�cise lines and that Orono needs to have timing and stage devices set forth in their Comprehensive Land Use Plan concerning the proposed capital investments in the future. � Paurus stated that the issue is whether or not � this interceptor is built to remove the effluent • from the lake if we will be causing greater damage to the area because of the possible � urbanization caused by the proposed interceptor and the adverse effects related thereto. Moreover, � the proposed interceptor might result in the destruction of the swamp and the lake, the � only source of effective water supply for the � lake is the marshland surrounding the lake. . Van Nest noted that there is quite a bit of shoreline in Orono which is zoned for two acres � which the City does not plan to sewer because of that two acre zoning. Barton stated that two � and one-half acre sites are basically urban in nature as far as he was concerned. He noted * that there was great importance in determining • the amount of impervious material in any zoning scheme and the effect on the wetlands. � Allbee noted that former Mayor Oberhauser had � an input concerning the drafting of the environ- mental assessment. r � � ! � � CONFERENCE MINUTES OF DECEMBER 4, 1975 Page 7 � Dougherty agreed that the representatives of BioCentrics should meet with Orono and the MWCC staff as soon as possible to make sure that the environmental assessment reflects the changes effectuated in the last several years by Orono. � Barton stated that the DNR should help the City � to prepare the necessary plans concerning the pollutants cuased by development along the lake. � He stated that under the 208 Federal Program, the Metropolitan Council will be developing � a surface water management plan for the area. M The Metropolitan Council 208 plan could provide funds for a more detailed study in Orono. The � watershed district may provide some. � Presently the D'ietropolitan Council is doing a report concerning the effect of storm water � runoff in the Twin City area. � Dougherty stated that the conservancy district ` is working on this subject now and we should obtain information from them. • End of informal meeting. � � � r � � r � � � � � � � � � �