CR 92-116 7th Street Landfill
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May 26, 1992
council Report 92-116
7TH STREET LANDFILL
INSTITUTIONAL CONTROL/METHANE REMEDIATION
PHASE II
Proposed Action.
Staff recommends adoption of the following motion: Move that Council
authorize staff to continue neaotiations with the ABJ and Rutledge
propertv owners for the express purpose of land acquisition as an
insti tutional control towards methane remediation at the 7th street
South landfill site.
Overview
Council at its December 17, 1991 meeting was presented a landfill
update that among several issues discussed institutional remediation
as a means to address the problem of methane migration off the 7th
street South site. Staff and representatives of Doherty Rumble and
Butler sought and won Council approval to negotiate with ABJ and
Rutledge property owners at the north end of the site for either
acquisition of parcels or pollution easements. Staff now approaches
Council for more specific authorization in those negotiations.
Primary Issues to Consider
o Is land acquisition necessary?
o Funding sources
o Staff procedures
SUDDortinq Information
o Jon Scoll memorandum dated 5/15/92
o Site Map
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James Gessele
Engineering Superintendent
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CR92-116
Page 2
Analysis
o Is land acquisition necessary?
Attached is Jon Scoll's latest memorandum concerning four options
toward achieving institutional controls at the north end of the
landfill site. Property acquisition is not the only means at the
City's disposal to meet requirements set down by the 1988 Closure
Order. Because the options listed are themselves fraught with sub-
issues, that the MPCA is constantly reminding us to proceed with a
Phase II Methane Remediation plan, that the agency now looks with
disfavor on the pollution easement concept, that the agency is indeed
unhappy with the City in the first place for having sold the two
parcels in question, have led staff and its legal counsel to recommend
emphasis on outright title acquisition. Council should be aware that
this approach will not preclude consideration of the other options
should the need arise.
o Funding sources.
The most probable source of funds for land acquisition would be the
City's General Fund. Another source could be claims against previous
insurance carriers. A final, but remote, source would be through
special legislative action on the state level.
o Staff procedures.
with Council's concurrence in hand staff will approach the affected
property owners with greater detail as to City goals in addressing
methane migration issues. (The two owners have been notified
concerning this report on the agenda.) Staff will require the city
Attorney to become involved in all aspects of negotiations. The first
step is for the City to undertake appraisals. Council will be kept
informed through progress reports.
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MEMORANDUM
TO:
Jim
FROM:
Jon Scoll
DATE:
May 15, 1
RE:
options on ABJ/Rutledge Properties
Institutional Controls
As we discussed on Thursday, May 14, 1992, there appear to
be several options for "institutional control" on both of these
properties as required by the MPCA:
(a) Negotiated acquisition of title;
(b) Condemnation (we may assume that a public purpose
exists;
(c) Negotiated acquisition of a "pollution easement" which
would leave the title to either or both of the
properties in the current owner(s), but would restrict
development, as required by the MPCA, to outside
storage so that the properties could never be further
developed, would grant the necessary access for
monitoring and other purposes related to the Closure
Order and ratify any existing contamination; and
(d) Condemnation of the easement described in subparagraph
(c) .
It has been our assumption that the price (either negotiated or
in. condemnation) of a pollution easement would be less than the
fee title of the property, since the owner would retain the
surface use value. It should be noted, however, that the MPCA
(Ken Meyer) has advised me that the preferred pollution from its
standpoint is outright acquisition.
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