The Cook County Board of Commissioners approved several ordinance changes on Tuesday, October 26, 2010, but not approved was an amendment that would lower the standard for dealing with storm water runoff.
Former County Engineer Shae Kosmalski had recommended that the 100-year storm standard be reduced to a 10-year storm standard, and the Cook County Planning Commission took up this request in July after she had already moved out of the county. Her recommendation was supported by Lutsen Mountains co-owner Tom Rider, who spoke in favor of amending the ordinance at a September 22 special meeting of the Planning Commission.
The commission recommended that the county board not adopt the amendment but asked the county board to have Planning & Zoning Director Tim Nelson work with new county engineer David Betts to develop another proposal that would clarify the requirements for building to 100-year storm standards.
Commissioner Jim Johnson expressed concern about over-control by the state, saying he hopes the state considers the cost of setting such high standards. “Coming down the line,” he said, “is regulation after regulation.”
In a July 13 letter to the Planning Commission, Tom Rider supported the amendment, saying it would “eliminate an unintended and excessive economic burden.” His letter stated, “There is a huge increase in design flow between the 10-year and the 100-year event, with a correspondingly gigantic increase in the storm water infrastructure required to retain and treat this larger flow. … While the CSAH 5 [Lutsen Mountain Road] project only added one tenth of an acre [1,115 feet] of impervious surface, the cost to comply with the 100-year event, compared with the cost to comply with the 10-year event, would have quadrupled (from $120,873 to $426,000) the cost of the storm water, adding $305,127 or 46 percent to the total cost of the project.
“…In the case of CSAH 5, the highway department asked for and received from the commissioners a waiver of the 100-year design requirement.
“Walter Leu, MnDOT assistant district engineer, was involved in the CSAH 5 project. He has noted to us that MnDOT only designs bridges to the 100-year event, not roads. Under MnDOT rules, a storm water system like the one on CSAH 5 or those found on most county roads would be designed to the 10-year event.
“Let’s not sacrifice the good for the perfect,” Rider wrote. “Thisordinance, without this provision, is still a significant step forward in protecting our water resources.” Rider is part of the Poplar River Management Board that has been pursuing grants to mitigate storm water runoff that carries sediment into the Poplar River.
David Betts wrote a memo to Tim Nelson September 15 recommending that the 100-year standard not be removed from the ordinance. “Such a change would set design criteria that depart from standard engineering practices,” he said. “The100-year storm requirement is a basic design criterion for storm water ponds and holding facilities. A 10-year design standard for detention facilities would have little impact in controlling runoff rates. …Based on my engineering judgment and experience I cannot recommend this change.”
Betts recommended some other changes to the ordinance instead, including adding a paragraph requiring runoff facilities, such as ponds, to be maintained and inspected. “It’s been my experience that many parties who construct storm water facilities do not take into account proper maintenance of these facilities,” he said. “If ponds are designed and working correctly, they will fill up with sediment, and that sediment over time will fill up the ponds.”
The board voted unanimously to keep the 100-year storm standard in the storm water ordinance.
Wind tower construction
Two ordinance amendments that passed will allow the county board flexibility in allowing “guy” wires— the cables anchored into the ground to keep towers in place—on telecommunications and wind towers. The first amendment gives the county leeway to approve guy wire construction for telecommunication towers, and the second amendment— requested by the Cook County Local Energy Project (CCLEP)—allows such construction for wind towers generating under 100 kilowatts of power.
Commissioner Bruce Martinson questioned the need for approving guy wires for wind towers up to 100 kilowatts and said he has data stating that a mere 10 kilowatts of power can take care of the needs of one household. He also expressed concern over the noise wind towers might make.
Planning & Zoning Administrator Bill Lane, who lives “off the grid,” said a 100-kilowatt system is “enormous.” A bigger concern for him is the danger to migrating birds.
Tim Nelson said he thought CCLEP intended for this ordinance amendment to allow small commercial wind towers that could serve multiple households. “I’m not sure if that’s a bad thing for one tower to serve ten homes,” he said. A 100-kilowatt system would be “well, well, well below” the height and size of “wind farm” towers, he said.
Commissioner Martinson said he does support wind power, but added, “We will be opening a Pandora’s Box as we move forward.”
Other ordinance changes
Other changes approved by the board were zoning ordinance amendments, many of which are language clarifications.
An “interim use permit” category was added, which would allow an RV on a property after a conditional use permit expired. Some property owners have conditional use permits that allow RVs onsite while they build their cabins.
The board agreed with the Planning Commission to not make changes to Article 9, which would make a distinction between shore land and non-shore land nonconformities consistent with Minnesota Statute 394.36. The Planning Commission decided that this issue would be the next ordinance amendment they would discuss.
The zoning ordinance changes can be viewed at the Cook County Auditor’s Office and the Planning & Zoning Department or on the Cook County website at www.co.cook. mn.us.
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