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CR 93-218 Landfill Gas Control District ~ \ 1 y 0 I . v ~ , - I .~I . \~i o p ~ . December 15, 1993 K I Councl1 Report 93-218 LANDFILL GAS CONTROL DISTRICT Proposed Action. Staff recommends the following motion: Move that Council adopt for first reading Ordinance 93-735, establishing a Landfill Gas Control District. Overview. The City submitted. the Gas Control/Recovery Remedial Measures Plan and Alternatives Report to the MPCA in July 1991. This was upon completion of a methane barrier system along the east and south sides of the Seventh street Landfill site. The report addressed remedial measures in the control of migrating methane along the west and northwest sides of the landfill, and in essence came down on the side of institutional controls as the most cost effecti.ve means . to address the problem of migrating methane. To meet the requirements of institutional controls the City needs to limit development of property in Minnetonka on the . west and to repurchase ABJ Enterprises and Rutledge Construction . Company parcels on the northwest. Negotiations for acquisition of adjacent property in Minnetonka are nearing completion. Negotiations for repurchase of ABJ and Rutledge properties have been unsuccessful to date and staff is recommending the landfill gas control ordinance as an alternative action. primary Issues to Consider. o MPCA position regarding institutional controls o Terms of ordinance o Negotiations for repurchase o Property owner options o Council options and staff recommendation. Supporting Information o Location map o Ordinance 93-735 ~~-- . es Gessele ". Eng ineer ing Super intendent council Report 93-218 Page 2 . Analysis 0 MPCA position regarding institutional controls. The MPCA accepted the concept of institutional controls as outlined in the City's July 1991 Alternative Report. The agency has refined its position by demanding iron-clad assurances that no development take place adjacent to the landfill on the west. In addition, it strongly urges the repurchase of parcels sold by the city in 1980 and 1981. Major portions of these parcels have been identified as landfilled pro~erty and were included within the landfill boundaries as described in the 1980 Notice of Landfill Termination. The MPCA has reviewed the attached ordinance and has given its verbal consent to the terms. The ordinance is an alternative to repurchase. 0 Term of the ordinance. The ordinance for first reading is a declaration of public policy that in the interest of safety and welfare of the community and to remain in compliance with regulation of the . MPCA as they pertain to the Seventh Street Landfill, certain prohibitions on that site are necessary. The area described in the ordinance will be the control district (including ABJ and Rutledge parcels). Improvements will be strongly regulated or prohibited. Under current standards no buildings will be allowed. Terms also have the City reserving the right to remove prohibited property at the owner's cost. 0 Negotiations f9r repurchase. Two parcels of land, denoted as "ABJ" and "Rutledge A" on the attached location map and currently in private ownership, were part of the permitted Seventh street Landf i ll. Solid waste materials were buried on these parcels. The city sold these two tracts in the following manner: (a) 1. 93 acre tract to ABJ Enterprises in 1981 for approximately $44,000; (b) 0.69 acre tract to Rutledge Construction in 1980 for approximately $12,000. The City began negotiations in December 1992 to repurchase the above properties. Purchase offers 9f $44,100 for ABJ and $12,000 for Rutledge were tendered. Despite repeated contact with the owners the negotiations have been unsuccessful. . A third parcel, denoted on the location map as "Rutledge B," is a small 8,000 square foot tract associated with a larger 0.90 acre tract owned by Rutledge construction. The 0.90 acre tract has a building, storage sheds, open storage areas and parking facilities on it. The small triangular 8,000 Council Report 93-218 Page 3 . square foot parcel is not a recorded legal entity but merely one created by the extension of the south right of way line of Seventh street South to a point of intersection on the southeasterly right of way line of the Soo Line Railroad. This same prolongation of the south line of Seventh Street South was used in the legal description of the landfill in the Notice of Termination of Sanitary Landfill, a legal document recorded with Hennepin County in 1980 and submitted to the MPCA in 1980. Staff attaches great importance to this 1980 document in that it memorializes by description the premises involved in and used as sanitary landfill. Although it is very doubtful that landfill was buried on "Rutledge B" and that there is a remote possibility that the tract could be excluded from the Landfill Gas control District, staff strongly urges that the legal description of the control district should be one and the same with that description given in the 1980 Notice of Termination document. Negotiations for purchase of "Rutledge B" were not carried out. 0 Property owner options. . The owners of parcels "ABJ" and "Rutledge A" could request purchase of their property at the City's earlier offer or an offer deemed at fair price. This would be at the discretion of the City because of the offer's expiration in September. A sale would still offer indemnification to the current owners as to their liability in environmental issues. The City could also tender an offer for "Rutledge.B" with the same indemnification terms. The owners could accept the regulations and prohibitions of the ordinance and choose to tailor use of their properties to what the MPCA would ultimately permit. The owners would need to participate in a proportional share of the costs for monitoring and remediation at the landfill. The owners could choose to not accept either of the above alternatives and seek redress in the courts for inverse condemnation. In such an action the City Attorney advised that suit would need to be brought against both the MPCA and the City. 0 council options and staff recommendation. Council can opt to proceed with the scheduled first reading of the ordinance and schedule a subsequent reading . contingent upon the outcome of any possible land purchase negotiations. council Report 93-218 -' Page 4 . Council can opt to initiate legal proceedings for purpose of condemning the property. Council can elect to postpone action for further information. staff recommends the first alternative. There is no need for the City to do aggressive posturing at this point with condemnation proceedings. There is also little to gain but the increased ire of the agency should the city elect to postpone action. . . .-~-" ,-,~~. ,--~_. .--~~~-_.__._--- ~ .' ~.>t' ( ~ ~ ) ....... 2747.51 RES ...9 ~ .......~i;~. . ~ o :-- .' - ---- 2 RUTLEDGE "8" Ol 9 (67) 581' 6 <Ii ::! 195. 8-4 N87'4?' I Section 3. Prooerty Included In District. The following . described property is included within the designated Landfill Gas Control District. The boundary of the district is as follows: That part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 117, Range 22, beginning at the northwest corner of Outlot B, Westbrooke Patio Homes; thence westerly along the south I line of Seventh Street South to its intersection with , the southeasterly right-of-way line of the Soo Line Railroad Company; thence southwesterly along the said ~ southeasterly right-of-way line of said railway to its ~ intersection with the west line of Section 25, Township ~ ~ 117, Range 22; thence southerly along said west line of ~ said Section 25 to the southwest corner of the ..r Northwest Quarter of the Southwest Quarter thereof; ~ thence easterly along the south line of said Northwest Quarter of the Southwest Quarter of Section 25 to the southwest corner of Outlet A, Westbrooke Patio Homes; thence North along the west line of said plat of W Westbrooke Patio Homes to the point of beginning. ~ I ' .. -- . " '" I ' ~ , I I 195. all S81'2J'OT"E ( 66) OlA - - ~Ui>ArJlca · 'iJ'~1E ~ K IL IL ~ , ~ ~--- (3) ~ ___ ~ l!!! 131.134 ' 2 . · (6) ~ ~ '30'133 ~ ~ -If -'---nlO ~~~~ ~ I _ n Q ~~~ - - - \ -- A: . ORDINANCE NO. 93 - 735 An Ordinance relating to Public Safety; amending Chapter IX of the Hopkins City Code by adding Section 945 - Landfill Gas Control District. THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN: Section .1. Declaration Of Public Policy And Purpose., The Council of the City of Hopkins hereby declares as a matter of public policy that compliance by the City of Hopkins with applicable orders, directives or regulations of the Minnesota Pollution Control Agency regarding landfill gas emissions from the 7th Street Landfill is in the interest of. the health, safety and welfare of the people of the City of Hopkins in the regulation of activities thereon. Accordingly, .the purpose of this chapter is to impose certain controls. on certain property, for so long as required by the MinnesotaPollution.Control Agency. pursuant to the Closure Order and other applicable orders, directives and regulations respecting the 7th Street Landfill. Section 2. Definitions. . (1) Closure Orderi The Closure Order by Consent dated June 13, 1988 between the Minnesota Pollution Control Agency and the Ci ty with respect to the Landfill, as. from time to time amended, and all directives, oral or wrttten by the MPCA pursuant thereto. ( 2) Landfill: The former 7th Street Landfill 1 catedin the South 1/2 of Section 25, Township 117, Range 22~ Hennepin County, Minnesota. l ( 3) Landfill Gas: Any gaseous or volatile organic compound generated or emitted on or adjacent 0 the Landfill, including, . without limitation, methane I by reason of decomposition of landfill waste. ~ (4) MPCA: The Minnesota Pollution Control Agenc .or any successor agency performing the functions of the Minnesota Pollution Control Agency. \ Section 3. Proper tv Included In District. Thefollowing ,described property is included within the deSigrted Landfill Gas Control District. The boundary of. the district is as follows: That part of the Northwest Quarter of. t e Southwest Quarter of Section 25, Township 117, Range 22, beginning at the northwest corner of Outlot B, west~rooke Patio . Homes; thence westerly along the south lin of Seventh Street South to its intersection with the southeasterly right-af-way line of the Soo 'Line Railr~adCOmpany; thence southwesterly along the said southeasterly right- i " I, ."..._-~.......... ...... -" .\ _.< ~_.<-.-. - ~. " . of-way line of said railway to its intersection with the west line of Section 25, Township!!7, Range 22; thence southerly along said west line of said Section 25 to the southwest corner of the Northwest Quarter of the Southwest Quarter. thereof; thence easterly along the. south line of.. said Northwest Quarter of the Southwest Quarter of Section 25 to the southwest corner of Outlot A, Westbrooke. Patio Homes;. thence North along the west line of said plat of Westbrooke Patio Homes to the point of beginning. Section 4. Entry Bv Ci tv. The City, and persons claiming under or through .the City, shall have a right of entry.onto any parcel contained within the Landfill Gas Control District, for the purpose of.. conducting drilling, boring or otherwise sampling, testing the soil or groundwater or any such parcel, or testing, measuring or monitoring Landfill Gas emissions thereon or for the installation or maintenance of wells, monitoring or measuring devices, or the carrying out of any remedial activity required by the MPCA. Any such entry shall be made at reasonable .times and upon reasonable advance notice to any owner or person in possession. Section. 5. Activi ties Prohibited In Landfill Gas Control District. .. No building or structure shall be erected, occupied or 4It maintained in or upon any property located within the Landfill Gas Control District; nor shall any trade or business be conducted therein or thereon nor shall any personal property, fixtures or equipment be placed, located or stored therein. or thereon in violation of such orders, directives, regulations and requirements issued or promulgated from time to time by the MPCA and unless the City of Hopkins shall have issued a license therefor duly applied for. to said City subject to such terms, conditions, restrictions and for such duration as may be established by the MPCA and such additional terms and conditions. as may be imposed by the City. Section 6. Removal Of Prohibi ted Propertv. Upon determination by the City that a violation exists, the City shall direct abatement of such violation by written order served personally or by certified mail upon the owner or party in possession specifying the violation, the action necessary to cure the violation, the time frame in which the violation must be abated and notice that the City will undertake such abatement required unless otherwise corrected wi thin, the period indicated in the notice and charge all costs incurred by the City against the real estate as a special assessment or against the responsible party. Abatement may include without limitation, removal of existing structures or other improvements or removal of personal property, fixtures or equipment located thereon. .~ . Section 7. This Ordinance is effective subject to the . following: . First Reading December 21, 1993 Second Reading January 4, 1994 Date of Publication January 12, 1994 Effective Date of Ordinance February 1, 1994 Charles D. Redepenning, Mayor Attest: James A. Genellie, City Clerk . . ."~~',-'...."., ....__ n .-,--"",-.~.,-~,~.~~~"" ""......<~ ~-;.,.~ ,....; ._,-,"~~,... .I'h ; ........~,-'.",....". '-..;(...... .--,.