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HomeMy WebLinkAboutCity Council - 04/03/2001 - Workshop APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,APRIL 3,2001 5:00-6:55 PM, CITY CENTER HERITAGE ROOMS I &H CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger,Public Safety Director Jim Clark,Manager of Building Inspections Kevin Schmieg,Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Attorney Ric Rosow,Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:30 p.m. H. APPROVAL OF AGENDA III. SEPTIC SYSTEM INSPECTION PROGRAM Manager of Building Inspections Kevin Schmieg provided an overview of septic systems in Eden Prairie. He explained that homes without access to municipal facilities have on-site wastewater collection and treatment systems known as septic systems. There are two types of septic systems,trench drain($8,000-$10,000 each) and mound($15,000 each). Septic systems include a drainage system that kills diseases as they pass through a"biomat."A failed septic system can result in: ■ Contamination of well water,which causes diseases such as hepatitis and dysentery ■ Environmental damage, including untreated water containing nutrients such as phosphorus running into lakes,resulting in algae blooms A septic system inspection program would test for failures,which are most commonly caused by: ■ Improper maintenance—Failure can occur if a system is not pumped on a regular basis ■ Physical damage—Driving of vehicles or equipment over the septic system ■ Improper construction—A cesspool is a type of septic system which consists of tank without a bottom that may deposit wastewater directly into the water table ■ Improper Placement—Some septic systems are constructed too close to a shoreline area In the early 1990s there were approximately 750 septic systems in Eden Prairie. Today there are 437 known septic systems and an unknown number at Flying Cloud. Approximately 170 septic systems are in areas where municipal sewer service is available. Owners of these properties have chosen not to pay the"hook up"fee and connect to the City's system and,to date,have not been required to do so. COUNCIL WORKSHOP MINUTES April 3, 2001 Page 2 The State of Minnesota has mandated that each county adopt a septic system inspection ordinance. The Hennepin County ordinance requires compliance inspections of existing systems: ■ Upon receipt of a building/land use permit application in shoreland management areas ■ Upon receipt of notice of a potential failure ■ Upon permit application for a proposed bedroom addition If a system passes inspection, a certificate of compliance is issued. If a system fails one of two types of notices of noncompliance is issued. ■ Notice of Failing System—In this case,the system must be replaced within three years. This deadline can be extended for up to two years with permission from the County. ■ Notice of Imminent Health Threat—If the failing system is deemed to pose an imminent health threat, the owner is ordered to upgrade the system within 10 months. If the failing system is deemed a public nuisance,the County can also order immediate pumping. Schmieg explained that municipalities have the option of adopting and enforcing their own septic inspection ordinance, as long as it is at least as strict as the county's ordinance. Schmieg and Public Works Services Director Dietz presented five options for septic inspection programs for Council consideration,based on the following assumptions: ■ Public utilities will eventually be available City-wide and all properties will be connected ■ Any additional regulation will be considered unacceptable by some residents ■ Most failed systems will require a replacement by a mound system, costing up to $15,000 ■ The majority of existing septic systems will not meet current requirements and will be classified as "failed systems" Option 1 —Do Nothin County-Regulated Program ■ The City would not be able to grant variances under this option. Also,the City may not have the option of switching to a City-regulated program later Option 2—Basic Program/Regulated by the City ■ This program would follow the County guidelines,but would be administered by the City ■ The City could grant variances and time extensions Option 3 —Intermediate Pro rram/Regulated by the City ■ This program would include annual inspections either by City staff or a consultant. These inspections would cost approximately$110 apiece COUNCIL WORKSHOP MINUTES April 3,2001 Page 3 Option 4—Proactive Program/Regulated by the City ■ Would include the following: — Annual inspection program — Establishment of a specific time frame to make public utilities available throughout the City — Require connection to City sewer within 10 months for leaking systems — New streets, curbs and gutters, and storm sewer as part of the$20,000 assessment Option 5—Quick Response Program/Regulated by the City ■ The same as Option 4,plus: — Would require all properties to be connected to City sewer within two years of availability regardless of condition of septic system — Deetz estimated utility connection could be made available to all within five years, once a program is approved Dietz said he favors Option 4 or 5. He pointed out it will take a very long time to provide sewer service throughout the City, if the City continues its current policy of waiting for a petition to be filed before beginning a project. A sewer project can take up to five years to complete when the consensus-building phase of a project is taken into consideration. Dietz admitted there would be resistance to Option 5,but that it would get the job done. He asked for input from the Council. Councilmember Case said he favors a modified Option 4,which he feels would provide utilities to all and would solve failed septic system problems for anyone who currently has the option of connecting to City sewer. Dietz asked what needed to be done for the Council be able to choose one of the options. Mayor Harris said the Council needed to review the draft ordinance provided by Schmieg. She suggested adopting an Ordinance that calls for a City-regulated inspection program similar to the County's, and then deciding on further action later. Harris asked City Attorney Ric Rosow to review the Ordinance and present it at the first Council Meeting in May. Dietz said that he would begin the process of selecting a consultant and present a proposal to evaluate Option 4 at a future Council meeting. IV. COUNCIL FORUM A. ZERO EXPANSION Laurie Pepper distributed a copy of the Flying Cloud Airport Q &A document that Zero Expansion plans to post on their web site. She asked for City input on the document. Mayor Harris noted that City staff had drafted an airport"fact sheet"for the City's web site. Pepper asked if the Council had reviewed the Zero Expansion surveys she submitted at the previous Workshop. Councilmember Mosman asked for a Council action to have staff collate the survey results. Pepper said she had already tallied the surveys and distributed the results to the Council along with a packet of sheets containing citizen comments. Mark Michelson requested a document that Don Uram had presented at the February 10, 2001, Special Meeting. COUNCIL WORKSHOP MINUTES April 3, 2001 Page 4 B. FRIENDS OF BIRCH ISLAND WOODS Jeff Strate updated the Council on proposed legislation regarding Birch Island Woods. He said the bill had passed through the Policy Committee and was before the Finance Committee. Strate acknowledge that the County had expressed concern over a number of elements in the bill. Strate distributed a map showing two parcels (D &E)the County has indicated they wish to retain for a possible parking lot or transit station. Strate said Friends believes any parking lot or transit station should be located on the current asphalt plant site. City Manager Enger noted that,to date, the Council had authorized staff to negotiate only for Parcel A of the Birch Island Woods, and under the condition that the City obtain a grant to help cover the purchase. Enger said current Council action does not align the City with the legislation supported by Friends of Birch Island Woods. He said he is concerned that if the legislation fails, some individuals may expect the City to acquire Parcels A,D and E. Enger said he had also been contacted by the owners of the Picha parcel, and they indicated they have no intent to hold their property off the market but they are considering giving the City the first option to purchase. Mosman asked if it would be possible to support legislation that includes Parcels D and E,without committing the City to buy those parcels if the legislation fails. Enger said this would be incongruous with work the City has done with the County on purchasing Parcel A. Mayor Harris assured the Friends of Birch Island Woods that the City would continue to work toward obtaining the property. V. ADJOURNMENT Mayor Harris adjourned the meeting at 6:55 p.m.