Subbing for his boss, Planning and Zoning Director Tim Nelson who couldn’t attend, Mitch Everson came before the Cook County commissioners on Tuesday, January 19 asking for the board’s direction in drafting a variance for the Cook County Septic Ordinance.
Environmental Health and Septics administrator Everson told the board that the Minnesota Pollution Control Agency (MPCA) had rejected Cook County’s amended septic ordinance that granted the county greater flexibility to develop treatment sites on newly created lots than what state rules call for.
Essentially, MPCA asks that each buildable lot have two areas where a septic system could be developed, while Cook County, which has little dirt and a lot of rock, asked that property owners could be in compliance with only one site.
In its ruling, MPCA stated, “In order for the [MPCA] commissioners to make a determination on a local unit of government variance request, the commissioners must have sufficient data, reports or other factual evidence to support a finding of exceptional circumstance. The request submitted by Cook County contains statements asserting exceptional circumstances; however, the request does not include any data, reports or other factual evidence supporting the statements.”
When the ruling came back Everson said there was an “internal discussion” which resulted in the conclusion that the information that the MPCA wanted to have in support of the request did not exist on a county-wide basis.
Everson said an alternative course of action could be to process each lot creation that couldn’t comply with the state rules through an administrative variance process, which would conform to the requirements of the state rules.
“I am requesting direction from the board to draft proposed administrative variance language and bring it back to the Septic Advisory Committee for further discussion, the result of which would be a recommendation back to the board,” said Everson.
While the MPCA denied Cook County’s request, it did provide five alternatives. After reviewing those, the commissioners recommended pursuing number 4, which read in part, “consider site-by-site individual variances on proposed lots that cannot meet the two Type 1 requirement.”
Commissioner Jan Sivertson asked if that seemed like the best alternative, and Everson replied, “We think this is the most cost effective and expedient way to go.”
Commissioner Ginny Storlie said it looked like a reasonable alternative and Commissioner Garry Gamble said while the county hadn’t substantiated its case well enough with MPCA, the alternatives presented would allow the county “to look at each site case by case, which makes sense. I think we can achieve what we want to do, meet the resident’s needs.”
He also said Lake County was looking at this alternative as well.
Commissioner Frank Moe was less appreciative of the MPCA ruling. “It’s not about protecting water quality at all. It’s about the MPCA being overbearing. It’s a ‘one size fits all’ that is being administered by the MPCA.”
Moe asked Everson if he agreed, and Everson responded by saying that in 1996 the MPCA established that it wanted two sites identified for septic fields for each buildable lot, and added that for Cook County, “I agree that the rule is too stringent and doesn’t apply.”
Moe added that he wanted it known that when all was said and done, “The system is going to be no different, and there will just be an added level of paperwork.”
Everson will bring the board’s suggestion to use the fourth alternative presented by MPCA to the Septic Advisory Committee. He will also draft an administrative ordinance for the committee’s review. If they accept it, it will be brought to the commissioners for a final vote.
High speeds on Gunflint Trail a concern
During the “Commissioner Concerns” portion of the meeting, Board Chair Heidi Doo-Kirk said she was asking for the board’s support to request that Minnesota Department of Transportation (MnDOT) reduce the speed limit on the Gunflint Trail and also ask them to remove some signs.
“I am sick of MnDOT. Some of the signs need to come down. It’s not our [county] engineer’s fault,” said Doo-Kirk. “MnDOT’s rules are for the entire state. This is not the Metro. We have many roads that aren’t metro. They aren’t high speed. They are meant to be driven slowly.”
Doo-Kirk said that in another state a Scenic Byway, which the Gunflint Trail is designated, was treated differently and the speed limit was set at 40 mph. Commissioner Gamble asked her to find out where that was so when MnDOT came before the county board they could see that there was a precedent set and therefore it wouldn’t be unreasonable to request a speed zone change for the Gunflint Trail.
“The Gunflint Trail is not a high speed road, even though I do like to drive fast,” said Doo-Kirk, who works at Gunflint Lodge and drives up the Gunflint Trail many days of the year.
By slowing the traffic down, Doo-Kirk said the Trail would be safer to travel, especially with the blind corners it contains. She said some delivery people might protest the slow-down, but added that others had suggested tearing up the pavement and going back to a gravel/dirt road to slow people down.
All of the commissioners voiced support for Doo-Kirk’s suggestion. Moe asked that a motion be made in advance of an upcoming meeting with MnDOT so the board would be prepared, and Doo-Kirk and the rest of the commissioners agreed that would be a good idea.
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