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HomeMy Public PortalAbout08/14/1989 Special CCMThe Council of the City of Medina met in special session on Monday, August 14, 1989 67% r _a at 7:00 P.M. to consider the application for Type I ash disposal at Woodlake landfill. - Present: Mayor, Thomas Anderson; Councilmembers, Wilfred Scherer, Stephen Schmit, Robert Mitchell; Clerk -Treasurer, Donna Roehl; Attornys, Ron Batty and Dennis Coyne; Zoning Administrator, Loren Kohnen; Representatives of Wenck Associates Inc., consultants Absent: Councilmember, Theis Thomas Anderson explained the format for the meeting would be as follows: 1. Opening statement by attorney,Ron Batty 2. Letter to be read by county commissioner, Tad Jude 3. Presentation by representatives of browning -Ferris Industries 4. General public allowed to speak for three minutes, each Ron Batty explained that the purposed of teh application was to consider a request from Browning -Ferris Industries (BFI) to amend their Woodlake Conditional Use Permit to allow storage of Type I ash. Two -applications had been presented, that of Type I (temporary) and Type II (permanent). and for timing reasons review had been centered on Type I. Medina had hired Wenck associates who met in many.meetings with Planning Commission representatives, city staff, city council and BFI representatives. On July 13th a lengthy public hearing had been held with the Planning Commission making a recommendation for issuance of the permit with many conditions. During the past month those involved with the study have made an attempt to resolved those -conditions. Commissioner, Tad Jude,read a letter from County Commissioner Chairman, Jeff Spartz, extending the deadline for city action to august 29th; indemnifiying Medina, not approving an expansion of Woodlake nor siting of another landfill in Medina, and introducing a resolution td not site a mixed solid waste compost facility on the Elwell property on Hwy. 101, or on adjacent property in Plymouth. Gred Korstad, attorney representing BFI, introduced Rollin Smith, District Manager; Kevin Nordby, staff; Mark Hallien, RMT Consultants; Roy Ball from ERM North Central; He stated that the application before Medina is to amend an existing Conditional Use Permit to allow ash to be placed on the existing landfill and to advise that they have worked with city staff and consultants to provide an environmentally safe facility. This proposal has also been reviewed by ERM North central who have stated that it is overdesigned and by the Hoisington group who have said that there will be no adverse land use impact. He stated that payment of costs, closure plans, termination of trucking operations are all committed by BFI. PGA approval is pending and the Metro Council has approved; leachate to be collected will be taken by Metro Waste Control through an agreement with them. Mark Hallien reviewed a site plan indicating Area I as temporary storage facility of 10 acres of two sections; a retention basin and ash storage area which has a capacity of 100,000 tons, to be filled in one year. He stated that their plans far exceed the state regulations for site preparation with plans to remove clay, install a composite liner and filter berm. Regarding settlement, he stated that tubes would be installed to detect any settlement which would then be extended to monitor the site on a weekly basis and later on a monthly basis. He explained that leachate would be pumped out after it reached a depth of one foot. He stated that eight new monitoring wells would be installed and that employees can participate in 20 educational programs that make certain that work is being done corr- ectly. As to the.construction schedule, he stated that they had planned to begin work on July 31st, which work would last for 67 days, now they are two weeks behind schedule and would like to begin work as quickly as possible. Leslie Davis of Earth Protectors, stated that they had filed a contested case hearing notice with the PCA which is to be heard onAugust 22nd. He believed that the city council should wait, at least until that time, to take any action. George Crocker, Director of North American Water Office, stated that they believed that material issues of fact have not been addressed, the idea of putting ash on a superfund site is increasing the risk by four times and the staff of the PCA has agreed that some concerns that have been raised, should be addressed. He also found it strange that -Hennepin County is looking for a site for the ash at the 12th•hour. Kevin Petersen, 4642 Walnut St., stated, that as a resident, he does not want the material in his back yard. Chris Renier, 3392 Hamel Rd.; stated that she endorsed Leslie Davis' plan to wait, that this is a toxic product, the site will ultimately leak and incineration will sabatoge the recycling effort. Lisa Lord of Citizens Coalition to Stop Incineration, stated that they are appalled by the proposal and the fact that Hennepin County is holding closure of the landfill over the head of Medina while making a decision to allow ash to be buried. She urged the council not to give in to the county, if they had done a good job in the first place, managing the garbage problem they would not be in the position they are now in. The wise method is recycling and composting. Sandy McKone, 1.240 Oakview Rd., stated that residents do not have enough information, she urged postponing a decision until everyone knows more about the issue. Sally Hoosier, 4155 Tomahawk I)r., stated that she has tried to fight the landfill for 27 years, the people of Medina do not want ash and they have been unable to sell their home because of the landfill. Bob Pepin, 3312 Pioneer tr.,, stated that they have 34 acres adjacent to the landfill, no one knows what the ash will do on a 95 degree day with a 35mph wind. We don't want their ash. Emil Jubert, 1182 Hwy. 55, stated that he has lived here his whole life, served on the Planning Commission when the Woodlake expansion permit was given and never gave a thought that ash would ever be brought in. Mark Rauenhorst, 1875 Meadowwoods Tr., stated that he did not believe that its been proven that ash is not toxic, the city needs to look to the future. Wilfred Scherer asked for information on monitoring wells. Mark Hallein stated that there would be five shallow wells about 20 ft,. deep and three wells, 90 ft. deep. Wilfred Scherer asked if it would be easy to detect a. problem. Mark Hallein stated that monitoring wells would surround the facility. Ron Batty asked if the wells located on the property would be done according to PCA regulations. Mark Hallein stated that PCA rules state they should be located 200 ft. around the facility. Stephen Schmit asked if there is a permit for disposal of leachate. Mark Hallein stated that a 3 million gallon permit servies the area. Stephen Schmit asked what procedures would be followed if changes were found in the wells. Mark Hallein stated that the material would be resampled, limits of comtamination defined and perhaps more wells installed. Keith Benker of Wenck Associates, stated that the permit for leachate is with the Metro Waste Control Commission, not the PCA and there is some discussion being carried on with the PCA regarding limitations. P . 1 George Crocker stated that within the next week the MWCC permit will be noticed and it is questionable if they would be allowed to continue. Greg Korstad stated that the PCA issue is one of the ability to treat the leachate. Stephen Schmit asked how much of the three million gallon capacity had been used. Greg Korstad stated that he did not know the amount but they were working to renew that authority. Stephen Schmit asked how far the liner would stretch before it would break. Mark Hallein stated that there are action_limits, when to stop and when material should be removed. He stated that the cities consultant wants a yield point of 13%, a break point of 70%. Mike Panzer of Wenck Associates, stated that they are in disagreement with BFI regarding how far the liner could be stretched and still be effective, some test information is not applicable. Greg Korstad stated that the disagreement is with the language of the Conditional Use Permit with Wenck recommending more stringent regulations. Wilfred Scherer asked who would be on call if problems develop. Greg Korstad stated that there is an emergency plan with someone available under the supervision of Rollin Smith. Gary Petrucci, 2975 Co. Rd. 24, asked how much time it would take to secure the Type II permit, as there are concerns about placing ash on top of the old landfill. Greg Korstad stated that they will continue with the Type II application; the PCA is looking at it now and Wenck has begun review. George Crocker stated that the PCA is still in the midst of making rules. Greg Korstad stated that they were proceeding to review the Type II permit under the Type I rules. David Logais, 3555 Chippewa Rd. stated that the date for public comment for Type II ash had ended July 15th, which was delayed at the request of BFI as of August 1st and will go before the board on September 26th. Greg Korstad stated that Type II had not been.:reviewed by the pCA. They began review in the spring, we did an Environmental Assessment Worksheet and could not make the deadline so asked for suspension of the review. He stated that on August 22nd there will be a contested case hearing which the PCA will decide on September 26th. Leslie davis stated that Earth Protectors have asked for an Environmental Impact Statement, which could take two years. Stephen Schmit stated that a bond or letter of credit is needed to move from Type I to Type II. Ron Batty stated that the dollar amount of escrow is needed for closure and post closure. Thomas Anderson stated that council would need to know the amount before making a decision. He asked if Wenck had a recommendation for that escrow amount. Mike Panzer stated that they did not have that amount for this meeting. He also stated that post closure activities and contingncy action need to be looked at. Ron Batty stated that the PCA will ask for financial guaranty after the permit is issued which should be resolved with the city prior to the council taking action. Greg Korstad stated that he agreed and noted that $200,000 is the amount for Type I. Stephen Schmit asked what would happen if methane gas is on the site -and a vinyl liner is put on top. Mark Hallein stated that there is an 8" cap on the present site. Mike Panzer stated that will not be a big problem. Robert Mitchell asked if there is methane gas in the landfill. Mark Hallein stated that it has not been tested for methane. Robert Mitchell asked if the city should be concerned about methane. Mark Hallein stated that there is no cracking nor vegetation which would indicate methane. Robert Mitchell asked when a new landfill would be sited by Hennepin County. Vern Genzlinger of Hennepin County stated that the committee would vote on a site in January with the process then taking from two to three years. Robert Mitchell asked what success Earth Protectors might have with a contested case hearing. Greg Korstad stated it is not likely as the project is being done according to PCA rules. Robert Mitchell stated that the city had wanted to work on the Type II facility but the PCA had said it could not work that fast. He asked if Type I would be here permanently if Type II is not approved. Greg Korstad stated that he did not think that Type II would be any problem as the soil is the best kind of soil for the material and Woodlake is one of the few landfills that has a liner. Robert Mitchell asked if the Type II location was better than the Type I area. Glen Sanders of Wenck Associates stated that it was a better area. Robert Mitchell stated that if Type I is permitted then Type II must follow and all financial guarantees must be addressed. Greg Korstad stated that everything has been submitted to the PCA. I4eslie Davis stated that if the legislature is upset with Hennepin County, then Medina will end up with a hazardous waste dump. Robert Mitchell asked if ash would blow on a 90 degree day. Both Mark Hallein and Glen Sanders agreed that it would not. John Pellar, 2152 Cottonwood Tr., asked what would prevent ash from blowing out of trucks on Hwy. 55. Greg Korstad stated that all trucks would be covered with gasketed.covers. John Pellar asked whose responsibility it would be if there was an accident. Robert Mitchell asked if there was any disagreement over testing of material. Greg Korstad stated that the only disagreement is contingency action. Robert Mitchell asked if it was true that BFI did not want to put pizometers in the old Boyer landfill. Greg Korstad stated that was true. Robert Mitchell stated that the city wants the authority to shut down the operation on spur of the moment if there is a problem. Thomas Anderson referred to the agreement which stated that no refuse shall be exposed during construction of the site. Rollin Smith stated that they would not deliberately expose old materials but if it happended it would be covered immediately. Thomas Anderson asked that the agreement cover dust control during construction and operation and what plans there were to restore the landfill site. Rollin Smith stated that dust control was covered in the bids and that the site would be put back to the condition it was in, whether the ash is moved or the operation stopped. Thomas Anderson stated that Wenck's input was needed for bonding and financial guarantee and that the hours of operation should be shortened. Greg Korstad stated that the hours stated were needed to get the work completed. Thomas Anderson asked about operating hours and if they could be changed. Greg Korstad stated that there would be 25 fewer trips per day. Rollin Smith stated that they did not want their employees to work overtime. Vern Genzlinger asked what hours the Mayor wanted them to operate. Thomas Anderson stated that he wanted them working from 7:00 A.M. to 5:00 P.M. Ron Batty stated that a number of exhibits would be attached to the permit. Robert Mitchell stated that the difficult areas should be addressed at this time so that when the Type II issue is addressed there will only be minor areas to cover. Thomas Anderson stated that he would support the cities consultants on the settlement issue; would want to know the results of the contested case hearing and wanted Metro Waste Control to verify the acceptance of leacate. He stated that Commissioner Spartz letter did not address composting, which does not belong in the City of Medina so council action should at least wait until August 29th after the Commissioners meeting. He asked if councilmembers wished to take the chance and issue them a permit to begin work. Stephen Schmit stated that there were to many unanswered questions. Mark Hallein stated that the access road and berms around the perimeter of the facility would be constructed now if the permit was issued. Chris Renier stated that the council should continue to look at the issue of putting ash in an existing landfill. Stephen Schmit stated that he was oposed to allowing any construction until council is completely satisfied. Wilfred Scherer stated that if they began work they would be doing so at their own risk. Stephen Schmit asked if Wenck Associates felt strongly about pizometers. Keith Benker stated that it would be a good idea to have them to know what is there. J Wilfred Scherer asked if Wenck could learn more about the old landfill if work was begun now. Keith Benker stated that putting berms in now might help to get an earlier idea of what is there. James Smith, 2942 Ardmore Ave.,, asked if there is a plan to correct any contamination that might be found. Keith Benker stated that there are some safeguards in place. John Armstrong, 3000 Carriage Dr.,, stated that many questions have not been answered and that the public would like a lot more information. George Crocker asked why council would consider granting permission before assurances have been obtained. Stephen Schmit stated that Medina did not create the situation and many questions remain to be answered. Robert Mitchell stated that they were proceeding with answering concerns and he was confident the remainder could be resolved. Moved by Mitchell, seconded by scherer togrant a temporary permit to begin site work, void after August 29, 1989, work hours to be 7:00 A.M. to 7:00 P.M. for construction of road and berms only. Motion carried Voting No--Schmit Moved by Mitchell, seconded by Scherer to table the application for Type I ash until August 29, 1989 at 7:00 P.M. Motion declared carried Moved by Scherer, seconded by Mitchell to adjourn. Mo n declared rried 9:50 P.M. Clerk -Treasurer Mayor August 14, 1989