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HomeMy WebLinkAboutCity Council - 06/18/1985CITY OF EDEN PRAIRIE CITY COUNCIL AGENDA TUESDAY, JUNE 18, 1985 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLL CALL 7:30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM Mayor Gary D. Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath City Manager Carl J. Jullie; Assistant to the City Manager Craig Dawson; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. CONSENT CALENDAR A. Approval of Police Division Operations Manual B. Clerk's License List C. Agreement with HPB Limited Partnership regarding special assessments for Technology Drive adjacent to Hoyt Roberts Addition 0. Final plat, Ridgewood West Plat 5 (Resolution No. 85-141) E. Final plat, Edenvale Executive Center Two (Resolution No. 85-142) F. Final plat, Mark Charles Third Addition Tre'solution No. 85-143) G. Petition to Nine Mile Creek Watershed District for Smetana Lake Outlet Page 1318 Page 1320 Page 1322 Page 1326 Page 1329 Page 1331 Page 1334 -2- Page 1337 H. Approve Plans and Specifications for Tanager Creek Improvements (Edenvale Boulevard) and set bid opening for July 11, 1935, 1.C. 52-060 (Resolution No. 85-144) I. AUTUMN WOODS 3RD ADDITION, by Trumpy Homes. 2nd Reading of Ordinance No. 14-85, zoning district change from Rural to R1-9.5 on 2.64 acres, RM-6.5 to R1-9.5 on 2.37 acres, approval of Developer's Agreement for Autumn Woods 3rd Addition, and adoption of Resolution No. 85-139, approving Summary of Ordinance No. 14-85 and ordering publication of said Summary. 5.01 acres into twelve single family lots. Location: east of Highway #101, north of Chicago, Milwaukee, St. Paul, and Pacific Railroad. (Ordinance No. 14-85 - rezoning and Resolution No. 85-139 - approving Summary and Publication) J. RIDGEWOOD WEST PLAT V, by Centex Homes, Inc. 2nd Reading of Ordinance No. 16-85-PUD-2-85 for Planned Unit Development District Amendment on 6.03 acres, with variances and zoning district change from R1-13.5 to R1-9.5, approval of Developer's Agreement for Ridgewood West Plat V, and adoption of Reoslution No. 85-140, aprpoving Summary of Ordinance No. 16-85-PUD-2-85 and ordering publication of said Summary. 6.03 acres into 27 single family lots. Location: Saratoga Lane and south of Wellington Drive. (Ordinance No. 16-85-PUD-2-85 - rezoning and PUD District Review and Resolution No. 85-140 - approving Summary and Publication) K. JUHL PACIFIC, by Opus Corporation. 2nd Reading of Ordinance No. 18-85, zoning district change from Rural to 1-2 Park on 4.5 acres; approval of Developer's Agremement for Juhl Pacific, and adoption of Resolution No. 85-145, approving Summary of Ordinance No. 18-85 and ordering publication of said Summary. 61,000 square foot office/warehouse. Location: southeast corner of Valley View Road and Equitable Drive. (Ordinance No. 18-85 - rezoning and Resolution No. 85-145 - approving Summary and Publication) L. 1984 FINAL BUDGET (Resolution No. 85-154) Page 1338 Page 1339 Page 1340 Page 1341 -3- M. Set 6:00 p.m., Tuesday, July 16, 1985, as date and time for stud session on Transit Alternatives Tti-TE—cly0pt-Out III. PUBLIC HEARINGS A. WOODLAKE SANITARY SERVICES, INC. Request for Planned Unit Development Concept Amendment for approximately 313 acres; rezoning of approximately 14.44 acres in the Rural District to a district created specifically to allow the establishment of a temporary landfill or rezoning to a district presently identified in the Zoning Code by amending the permitted use section of such district to allow the operation of a temporary landfill; Development Stage Planned Unit Development approval for approximately 313 acres; and authorize an expansion of area to be used for sanitary landfill purposes from approximately 107.1 acres to approximately 148.9 acres. Location: southeast of Flying Cloud Drive-In Theater. B. HERZOG ADDITION, by K.P. Properties. Request for Zoning District Change from RI-22 to R1-13.5 on 5.35 acres, and Preliminary Plat of 5.35 acres into ten single family lots. Location: south- east quadrant of Duck Lake Road and South Shore Lane. (Ordinance No. 20-85 - rezoning and Reso- lution No. 85-151 - preliminary plat) C. TECH IV, by Technology Park Associates. Request Comprehensive Guide Plan Change from Industrial/High Density Residential to Office on 19.65 acres, Planned Unit Development Concept Review on 68.36 acres for Office, Office/Showroom uses, zoning dis- trict change from Rural to 1-2 Park on 4.52 acres and preliminary plat of 66.31 acres into one lot for construction of a 58,600 square foot office/ware- house, two outlots, and road right-of-way, and Environmental Assessment Worksheet (EAW) Review on 68.36 acres. Location: south and east of Valley View Road, west of Washington Avenue, north of Viking Drive. (Ordinance No. 19-85 - rezoning, Resolution No. 85-147 - comprehensive Guide Plan change, Resolution No. 85-148 - Planned Unit Development Concept, Resolution No. 85-150 - preliminary plat, and Resolution No. 85-149 - Environmental Assessment Worksheet.) Page 1342 Page 1401 Page 1402 -4- D. PARKWAY APARTMENTS, by Bar-Ett Construction Company. Page 1403 Request for Zoning District Change from Rural to RM-2.5 on 35.9 acres, Preliminary Plat of 35.9 acres into five lots, and Environmental Assessment Work- sheet (EAW) Review, for construction of five, 73-unit apartment buildings. Location: east of Mitchell Road and east of Chestnut Drive. (Ordin- ance No. 21-85 - rezoning, Resolution No. 85-152 - preliminary plat, and Resolution No. 85-153 - En- vironmental Assessment Worksheet) IV. PAYMENT OF CLAIMS NOS. 20796 - 21083 Page 1404 V. ORDINANCES & RESOLUTIONS VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Lueck sewer/water connection fee. (Continued from June 4, 1985) REPORTS OF ADVISORY COMMISSIONS APPOINTMENTS A. Riley-Purgatory Creek Watershed District - En- dorsement for the reappointment of Howard Petersen to the Riley-Purgatory Creek Watershed District. B. Appointment of representative to fill unexpired term on the Parks, Recreation and Natural Resources Commission to expire 2-28-87. IX. REPORTS OF OFFICERS, BOARDS, AND COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney D. Report of Director of Community Services 1. Round Lake Study Proposal X. NEW BUSINESS XI. ADJOURNMENT Page 1411 June 4, 1985 TO: FROM: SUBJECT: CARL JULL1E KEITH WALL t") POLICE DIVISION OPERATIONS MANUAL We've sent copies of our new Operations Manual to you, the city attorney and city council members for review purposes. Our original manual was developed in 1973 during our first year of operation to provide protection for both the officers and city officials in at least the major areas of concern. Since that time, our operation has grown considerably along with the number of events we handle each year. It became evident in recent years that our manual needed to be expanded considerably to meet the variety of complexities in law enforcement today. Approximately eighteen months ago, we set about the task of developing the new one you now have. We used policies and regulations in use elsewhere which had been reviewed by experts in the field and stood the test of time. These were, of course, revised where necessary through considerable input by every operational unit in our division. The protective language was not altered so that its effectiveness is reduced. We are proud of the product we've produced and all those who expended so much effort in its development. Attached is General Provisions number 110 which we believe highlights the real purpose of a police policy manual. Fd p, PC:)1_1CY" MANUAL_ ( 110 GENERAL PROVISIONS 110 POLICY Policy consists of prinicples and values which guide the performance of a Division activity. Policy is not a statement of what must be done in a particular situation, rather, it is a statement of guiding principles which should be followed in activities which are directed toward the attainment of Division objectives. Policy is formulated by analyzing objectives and determining through research those principles which will best guide the Division in achieving its objectives. Policy is based upon police ethics and experience, the desires of the community, and the mandate of the law. Policy is articulated to inform the public and Division employees of the principles which will be adhered to in the performance of the law enforcement function. An officer in the performance of histher duty is confronted with an infinite variety of complex situations which require police action. Since policy is objective rather than situation oriented, it is broad enough in scope to encompass most situations. Policy, therefore, must be stated in general terms. ISO CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST June 18, 1985 CONTRACTOR (MULTI-FAMILY & COMM.) E & P Associates Hans Hagen Homes Niwinski Construction, Inc. Northern States Power Powers Company CONTRACTOR (1 & 2 FAMILY) A & S Construction Baer Builders - Fred Cool Construction Bernt Fosse - Golden Eagle Builders Hopkins Masonary Luttennan Homes Minnetonka Pool & Spa Metro Custom Homes Oslund Construction Pacific Pool & Patio Quality Contracting Ruscon Homes, Inc. Shay Construction Sunshine Construction Tamarack Builders of Mpls. Wyman Builders, Inc. PLUMBING Aqua City Plumbing, Inc. Burc kmuel ler Plumbing Galaxy Mechanical Contractors Spartan Mechanical, Inc. Tri-Star Mechanical, Inc. HEATING & VENTIALTING Diversified Mechanical Services Valley Aire, Inc. GAS FITTER Diversified Mechanical Services Valley Aire TEMPORARY BEER Eden Prairie Lions (July 4th) PRIVATE KENNEL Charles Gould (see attached) 3.2 BEER OFF SALE Superamerica These licenses have been approved by the department heads responsible for the licensed activity. Ltk Pat Solie, Licensing 1 0 85-36 May 21, 1985 TO: Pat Solie FROM: Les Bridger SUBJECT: RENEWAL OF KENNEL LICENSE FOR CHARLES GOULD I have spoken to our Animal Control Officer, Chuck Schaitberger, concerning this license renewal application and have learned that he has had two complaints from neighbors concerning the noise problem caused by barking dogs owned by Mr. Gould. I was also advised by Chuck Schaitberger that he was approached by a party interested in the property located across from the Gould Kennel and that the party inquired as to whether the noise problem was going to be corrected. I understand Mr. Gould has indicated to the City that he intends to relocate his kennel to another jurisdiction. On May 20, 1985, I met with Chuck Schaitberger and Mr. Gould at the kennel where we examined the facility. Mr. Gould advised that he is currently looking for a suitable site on which to relocate but believes the process will take some time. He understands that the area surrounding his kennel is under heavy development for residential use and realizes the need to relocate. Chuck Schaitberger will monitor all complaints pertaining to the kennel and keep me informed. I would suggest that a kennel license be granted for 1985 and that we consider the matter again in 1986 if the kennel continues to operate in this City. LKB:sm AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT made this -AIS VI day of May, 1985, between the City of Eden Prairie, a municipal corporation (the "City") and HPB Limited Partnership, a Minnesota Limited Partnership (the "Owner"). A. The Owner holds legal and equitable 'title to certain real property described on Exhibit "A" hereto (hereinafter the "Property"). It is anticipated that the property described on Exhibit "A" will be platted as Lot 1, Block 1, Hoyt Roberts Addition. B. The Owner desires to develop the Property in such a manner that will require the construction of street and storm sewer improvements (the "Improvements"). The construction of the Improvements will benefit the Property. C. In January of 1982 the City received a feasibility report prepared by BRW which estimated that the cost of the Improvements to be assessed against the Property would be $125,000.00. The Owner intends to petition that the City construct the Improvements and if so petitioned the City will order a new feasibility report. D. The parties desire to enter into an agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY agreed as follows: 1. The Owner consents to the levying of assessments against the Property for the construction of the Improvements. N44.even H. Hoyt Managing Partruir 2. The cost to be assessed against the Property for the construction of the Improvements will not exceed one-half of the cost to construct a 36 foot wide (face to face of-curbs) • industrial roadway with drainage improvements adjacent to the Property. The actual cost shall be determined by a new feasibility report which shall be ordered after Owner petitions for the construction of the Improvements, subject to approval of such feasibility report by the city council. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessments are to be considered by the city council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed will exceed the amount of the assessments to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute Section 429.081 or otherwise to challenge the amount or validity of the assessments or the procedure used by the City in apportioning the assessments and hereby release the City, its officers, its agents and employees from any and all liability related to or arising out of the imposition or the levying of the assessments. HPB LIMITED PARTNERSHIP A Minnesota Limited Partnership CITY OF EDEN PRAIRIE A Municipal Corporation By: Gary D. Peterson Its Mayor By: Carl J. JuII1F - Its City Manager JUDITH M. CONAT 1::nnnnnn44 My commit nn nnnn ...••n•••••n•• STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1985, by Gary D. Peterson and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Pu5iic STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this .0.40 day of 01(14,1 0' , 1985 by Steven B. Hoyt, the managing partner of HPB Limited Partnership, a Minnesota Limited Partnership, on behalf of the partnership. -V)1 bpink Notary Public THIS DOCUMENT WAS DRAFTED BY Lang, Pauly & Gregerson, Ltd. 4108 IDS Center Minneapolis, Minnesota 55402 Exhibit A l - Legal Description--Roberts Litho That part of the Vest half of the Northeast Quarter of Section 16, Township 116, Range 22, described as follows: Conaencing at the Northeast corner of said West half of the No r t h e a s t Quarter of Section 16; thence South along the East line of said West half of the Northeast Quarter a distance of 1672.64 feet to t h e a c t u a l p o i n t o f beginning of the tract of land to be described; thence W e s t e r l y d e f l e c t i n g to the right at an angle of SO degrees 23 minutes 12 se c o n d s , a d i s t a n c e o f 231.31 feet; thence Southwesterly on a tangential curv e t o t h e l e f t w i t h a radius of 5829.58 feet a distance of 1097.89 feet, more o r l e s s , t o t h e W e s t line of said West half of the Northeast Quarter; thence S o u t h a l o n g s a i d West line of the West half of the Northeast .Quarter to a point therein distant 469.05 feet North of the Southwest corner of s a i d W e s t h a l f o f t h e Northeast Quarter; thence Easterly parallel with the Sout h l i n e o f s a i d W e s t half of the Northeast Quarter a distance of 1000.00 f e e t ; t h e n c e N o r t h parallel with the West line of said West half of the No r t h e a s t Q u a r t e r a distance of 170.95 feet; thence Northeasterly to a point i n t h e E a s t l i n e o f said West Half of the Northeast Quarter; thence North alo n g t h e E a s t l i n e o f said West half of the Northeast Quarter to the actual p o i n t o f b e g i n n i n g , except for the westerly 702.85 as measured along a line p a r a l l , p 1 w i t h t h e South line of said West half of the Northeast Quarter. 4.62 Acres--Property to be Zoned 1-2 Park Also known as: Lot 1, Block 1, Hoyt Roberts Addition. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-141 A RESOLUTION APPROVING FINAL PLAT OF . RIDGEWOOD WEST PLAT FIVE WHEREAS, the plat of Ridgewood West Plat Five has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under .Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Ridgewood West Plat Five is approved upon compliance with the recommendation of the City -Engineer's report on this plat dated June 10, 1985. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on June 18, 1985. Gary D. Peterson, Mayor ATTEST SEAL John D. Franc, CleriC CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician DATE: June 10, 1985 SUBJECT: RIDGEWOOD WEST PLAT FIVE PROPOSAL: ocitC1- The developer, Centex Homes Midwest, Inc., is requesting City Council approval of the final plat of Ridgewood West Plat Five, a medium density single family residential plat. The proposed division contains 27 lots on 6.03 acres and is a replat of part of Block 1 and Block 3, Ridgewood West, located In the North 1/2 of Section 22. Outlets A through E will be used for common access to the cluster units and will be owned and maintained by the Homeowner Association. Outlot F will also be owned and maintained by the Association and will contain a walkway, providing access to the play area along Cumbeland Road. HISTORY: The preliminary plat was approved by the City Council on May 21, 1985, per Resolution 85-117. Ordinance 16-85-PUD-2-85, zoning the property to RI-9.5, is scheduled for second reading by the Council on June 18, 1985. The Developer's Agreement referred to within this report is scheduled for execution by the Council on June 18, 1985. The final plat of Ridgewood West was approved by the Council on March 20, 1979, per Resolution 79-58. Underlying drainage and utility easements and right-of-way for Saratoga Court were authorized for vacation by the City Council on June 4, 1985, per Resolution 85-131. VARIANCES: Variances to be allowed are described in the Developer's Agreement. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities and streets will be installed througout the addition by the Developer in conformance with City standards. I'6 Page 2, Final Plat Ridgewood West Plat Five, 6/10/85 Ownership and maintenance responsibilities for walkways to be installed are explained in the Developer's Agreement. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Rdigewood West Plat Five subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street lighting fee in the amount of $1,872. 2. Receipt of engineering fee in the amount of $1,080. 3. Satisfaction of bonding requirements. 4. Second reading of Ordinance 16-85-PUD-2-85. 5. Execution of the Developer's Agreement. DLO:sg cc: Tom Boyce CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-142 A RESOLUTION APPROVING FINAL PLAT OF EDENVALE EXECUTIVE CENTER TWO WHEREAS, the plat of Edenvale Executive Center Two has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and .under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Edenvale Exeative Center Two is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 11, 1985. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on June 18, 1985. Gary D. Peterson, Mayor ATTEST SEAL John D. Franc, Cleri. CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works • David L. Olson, Senior Engineering Technician .452 June 11, 1985 EDENVALE EXECUTIVE CENTER TWO The developer, Opus Corporation, has requested City Council approval of the final plat of Edenvale Executive Center Two located south of Valley View Road and east of Equitable Drive In the South 1/2 of Section 10. The proposal is a replat of Outlot B, Edenvale Executive Center, containing 4.5 acres intended for the construction of an office/warehouse building. The preliminary plat was approved by the City Council on June 4, 1985, per Resolution 85-128. Ordinance 18-85, zoning the property to 1-2 Park, is scheduled for second reading by the Council on June 18, 1985. The Developer's Agreement referred to within this report is scheduled for execution on June 18, 1985. All variance requests not covered through the Developer's Agreement must be processed through the Board of Appeals. TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: HISTORY: VARIANCES: UTILITIES AND STREETS: All municipal utilities and streets necessary to serve the site are being installed by the Developer. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: No public utilities or streets will be installed within this plat, therefore, bonding will not be required. RECOMMENDATION: Recommend approval of the final plat of Edenvale Executive Center Two subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of engineering fee in the amount of $250.00. DLO:sg cc: Mr. John Lassen Mr. Roy Hansen CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-143 A RESOLUTION APPROVING FINAL PLAT OF MARK CHARLES THIRD ADDITION WHEREAS, the plat of Mark Charles Third Addition has been submitted in a -manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,' THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Mark Charles Third Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 10, 1985. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on June 18, 1985. Gary D. Peterson, Mayor ATTEST SEAL TO: THROUGH: FROM: CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works . David L. Olson, Senior Engineering Technician DATE: June 10, 1985 .SUBJECT: MARK CHARLES THIRD ADDITION PROPOSAL: The developer, Urban Unit Corporation, has requested Cit y Council approval of the final plat of Mark Charles Thir d Addition. The plat is located east of Franlo Road and sou t h of County Road 1 in the South 1/2 of Section 25. Th i s addition constitutes phase 3 of the Mark Charles developme n t and consists of 14 residential multiple units. Outlot A wi l l contain a private roadway to be owned and maintained by a homeowner association. HISTORY: The preliminary plat was approved by the City Council o n October 18, 1983, per Resolution 83-252. Zoning to RM 6.5 and RI-9.5 was finally read and approved b y the City Council on November 1, 1983, per Ordinance 51-83. The Developer's Agreement referred to within this report w a s executed on November 1, 1983. VARIANCES: A variance from the requirement of City Code 12.20, Subd. 2 . A , waiving the six month maximum time elapse between the appro v a l date of the preliminary plat and filing of the final plat w i l l be necessary. All other variance requests riot covered in the Develope r ' s Agreement must be processed through the Board of Appeals. UTILITIES AND STREETS: The utilities, streets and walkways installed within Outlot A will be privately owned and maintained with construction to b e in conformance with City Standards. An explanation o f maintenance responsibilities, in a format acceptable to t h e City Attorney, must be submitted to the Director of Publi c Works prior to release of the final plat. Provisions fo r street lights (private) should be included in this maintenanc e provision). Page 2, Final Plat Mark Charles Third Addition Since units receiving access from the private roadway will be addressed from the private road, the developer must submit proposed street names to the Engineering Department. The proposed name must not conflict with any existing street names and must be approved by the Director of Public Works prior to release of the final plat. • PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Mark Charles Third Addition subject to the requirements of this report, the Developer's Agreement and the fallowing: 1. Receipt of fee for engineering in the amount of $560.00. 2. Receipt of utility and roadway maintenance statement. 3. Receipt of satisfactory street name for private roadway (Outlot A). 4. Satisfaction of bonding requirement. DLO:sg cc: Mr. Mark Peterka Mr. Charlie Combs TO: THROUGH: FROM: DATE: RE: . Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works June 11, 1985 Smetana Lake Outlet In the past weeks, Staff has had occasion to meet with representatives of the Nine Mile Creek Watershed District on a variety of matters. During discussions regarding Smetana Lake, they have advised us that it would be wise to petition the Watershed District for construction of an outlet structure for Smetana Lake. We are told that Smetana Lake is the next logical improvement project for the Watershed District, behind the work that has been ongoing in Bloomington. However, this project would not be included in the budget process unless a petition is submitted by the City of Eden Prairie. This petition is essentially idenitical to the one that was submitted to the Riley Purgatory Watershed District for study and eventual construction of the chain of lakes outlet system for Round Lake, Mitchell Lake, Red Rock Lake and McCoy Lake. The provision exists that we will be responsible for the cost of the feasibility report if the project is not constructed. Based on the level of construction activity in the Watershed District at present, we are told that it will he approximately 4 years before any construction for the Smetana Lake outlet could commence. However, this petition would secure our position in the District's priority list. The discussion at the June 4 Council Meeting during the Vantage presentation indicates that the course of action is not clear for Smetana Lake. This petition will first allow for the preparation of a feasibility report which will study the impacts and needs of the lake and if we can concur on the proper solution, the project can go forward. In summary, we do need a permanent outlet for Smetana Lake, but the exact elevation and resulting impacts need to be studied further before a decision can be made. Therefore, Staff recommends that a petition be submitted to the Nine Mile Creek Watershed District so that study can be made and if feasible, the City can secure a budgetary priority for future work. EAD:sg PETITION OF THE CITY OF EDEN PRAIRIE TO THE NINE MILE CREEK WATERSHED DISTRICT FOR THE CONSTRUCTION OF THE OUTLET FOR SMETANA LAKE I. AUTHORITY This petition, submitted pursuant to the provisions of Minnesota Statutes SS 112.48 and 112.61, Subdivision 3, requests the Managers of the Nine Mile Creek Watershed District undertake the Smetana Lake Project within the City of Eden Prairie. The general concept and objectives to be gained by said project are more fully specified on page 26 of the Nine Mile Creek Watershed District Overall Plan, dated 1973, developed by the Watershed District pursuant to Minnesota Statutes 1971, Chapter 112, the Watershed Act. The project is in conformity with the overall plan for the Nine Mile Creek Watershed District (hereinafter District) and is part of the basic water management plan of the District. II. PURPOSE AND GENERAL DESCRIPTION OF WORK PROPOSED Fluctuating lake levels are a problem with Smetana Lake. The shoreline and banks surrounding the lake show the effects of continuously fluctuating lake levels. The purpose of the plan is to reduce the problems associated with fluctuating levels, by installing an outlet for the lake, and with a stabilized lake level, a flood level for the lake can be established and urbanization can continue in an orderly fashion. III. DESCRIPTION OF THE LANDS OVER WHICH THE PROPOSED IMPROVEMENT IS LOCATED The lands upon which the project improvement will be located are situated entirely in the City of Eden Prairie and are tributary to Smetana Lake. The lands are located in Sections 12 and 13, T116N, R22W. IV. GENERAL DESCRIPTION OF THE PART OF THE DISTRICT AFFECTED The area to he served by the proposed outlet includes District lands in the southern portion of the Nine Mile Creek watershed that are tributary to Smetana Lake. V. NEED AND NECESSITY FOR THE PROPOSED IMPROVEMENT The Petitioner recognizes the need for the construction of outlets for lakes in an urbanizing area. The lake outlet will stabilize lake levels thereby allowing flood elevations to be established and enabling development to proceed in an orderly fashion. VI. THE PROPOSED IMPROVEMENT WILL BE CONDUCIVE TO THE P U B L I C H E A L T H , CONVENIENCE AND WELFARE The City Council of Eden Prairie, on the bas i s o f s t a f f a n d consultant reports, has determined that the pr o p o s e d i m p r o v e m e n t s will be conducive to the public health, conve n i e n c e a n d w e l f a r e . Completion of the outlet system will provide a mea n s o f r e d u c i n g t h e problems associated with fluctuating lake levels. T h i s p r o j e c t w i l l also minimize impacts on the shorelines and ba n k s o f t h e b a s i n associated with the fluctuating lake levels. VII. FINANCING OF THE PROPOSED IMPROVEMENT This project is included in the Nine Mile Creek W a t e r s h e d D i s t r i c t Policy Statement regarding Project Financing as a F i r s t P r i o r i t y Project. As such, it is eligible for 100% financin g b y t h e D i s t r i c t . The project proposed by this petition is of com m o n b e n e f i t t o t h e entire District and is a part of the basic water m a n a g e m e n t p l a n o f the District. The petitioner requests that the c o s t o f t h e p r o j e c t be financed in the manner provided by Minnesot a S t a t u t e S 1 1 2 . 6 1 , Subdivision 3. VIII. FINANCING OF THE FEASIBILITY STUDY The Petitioner hereby states that it will pay a l l t h e costs and expenses which may be incurred in case the procee d i n g s a r e d i s m i s s e d or for any reason no contract for the constructi o n t h e r e o f i s l e t . If the proceedings are not dismissed and a contra c t f o r c o n s t r u c t i o n of the project is let, the Petitioner requests t h a t t h e c o s t o f t h e feasibility study be financed as a cost of the pr o j e c t i n t h e m a n n e r provided by Minnesota Statutes S112.61, Subd i v i s i o n 3 a n d t h a t Petitioner be reimbursed by the Nine Mile Creek W a t e r s h e d D i s t r i c t for monies which it expends in connection with th e f e a s i b i l i t y s t u d y . IX. PETITIONER RIGHT OF WITHDRAWAL "Petitioner hereby reserves the right to withdraw t h i s p e t i t i o n a t any time. If Petitioner does withdraw this petit i o n , P e t i t i o n e r ' s liability for costs and expenses shall be limited t o t h o s e i n c u r r e d up to the time of withdrawal unless such.costs a n d e x p e n s e s a r i s e under a separate contractural obligation." Dated June 18, 1985 CITY OF EDEN PRAIRIE By Mayor By City Manager The foregoing petition and its execution by the M a y o r a n d C i t y M a n a g e r o f the City of Eden Prairie was authorized at a reg u l a r m e e t i n g o f t h e E d e n Prairie City Council held on the 18th day of June, 1 9 8 5 . ATTEST: C1-&-.177tity of Eden P7iT7li CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 85-144 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS . WHEREAS, the City Engineer has prepared plans and specifications for the following improvements to wit: I.C. 52-060, Sanitary Sewer, Water Main, Storm Sewer and Street Improvements for Tanager Creek and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public Inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 A.M., Thursday, July 11, 1985, at City Hall after which time they will be publically opened by The Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, July 16, 1985, at the Eden Prairie School Administration Building, 8100 School Road, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on June 18, 1985. Gary D. Peterson, Mayor ATTEST: SEAL John D. Franc, Clerk Autumn Woods 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99' WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural and RM-6.5 District and be placed in the R1-9.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural and RM-6.5 District and shall be included hereafter in the R1-9.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. • Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 18, 1985, entered into between Trumpy Homes, and the City of Eden Prairie, which agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of May, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 18th day of June. ATTEST: John D. Frane, City -C-Terk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of / _F.: b Exhibit A Legal Description RM 6.5 TO Ri-9.5 That part of Outlet J, Autumn Woods 1st Addition according to the plot thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota described as follows: Beginning at the Southwest Corner of said Outlet J, thence OA an assumed bearing of North, alohg the west line of said Outlet a distance of 387.94 feet; thence South 84 degrees 42 minutes 26 seconds East a distance of 47.00 feet; thence South 84 degrees 15 minutes 05 seconds East a distance of A7.00 feet; thence South 84 degrees 28 minutes 26 seconds East a distance of 132.74 feet, thence easterly a distance of 140.27 feet along a tangential curve concave to the North having a radius of 423.74 feet and a central angle of 18 degrees 57 minutes 53 seconds; thence South 13 degrees 26 minutes 44 seconds East, nontangent to said curve, a distance of 160.43 feet to the southeasterly line of said Outlot J; thence South 61 degrees 21 minutes 19 seconds West, along said southeasterly line, distance of 458.38 feet to the point of beginning. RURAL TO R1-8,5 That part of outlet A, Autumn Woods let Addition, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota lying easterly of the following described line: Commencing at the most westerly corner of said Outlet A, thence on an assumed bearing of North 50 degrees 21 minutes 42 seconds East, along the northwesterly line of said Outlet A, a distance of 105.80 feet tq the point of beginning of the line to be described; thence South 8 degrees 41 minutes 30 seconds West a distance of 73.69 feet, more or less, to the southerly line of said outlet A and there terminating. Also, ' That part of the Northwest Quarter of the Southwest Quarter of Section 7, Township 116, Range 22, Hennepin County, Minnesota lying southerly of the southerly liee of Rymarland Camp, northerly and northwesterly of the northerly and northwesterly line of Autumn Woods 1st Addition, all according to the plats thereof on file and of record in the office of the county Recorder, Hennepin County, Minnesota and easterly of the following described line: Commencing at the most westerly corner of Outlet A, said Autumn Woods 1st Addition; thence on an assumed bearing of North 50 degrees 21 minutes 42 seconds East a distnce of 105.80 feet to the poioi of beginning of the line to be described; thence North 8 degrees Al minutes 30 seconds East a distance of 113.86 feet, more or less, to said southerly line of Rymarland Camp and there terminating. RURAL TO R1-8.5 Outlet C, Autumn Wood.. 11: Addltino, accord lug to the plat thereof on file and of iecord in the office of the County Recurdvr, Mein:vein County, Minnesota. ,1 Autumn Woods 3rd Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into this day of 1985, by and between TRUMPY HOMES, INC., a Minnesota corporation, hereinafter referred to as "Developer," and the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as "City;" WITNESSETH: WHEREAS, Developer has applied to City for approval of a zoning district change from Rural to R1-9.5 for 2.64 acres and from RM-6.5 to R1-9.5 for 2.37 acres, totalling 5.01 acres, and preliminary plat of 5.01 acres into twelve single family lots, located south of Rymarland Camp Additions, North of the Chicago, Milwaukee, and St. Paul Railroad, and southwest of Paulsen's 2nd Addition, situated in Hennepin County, State of Minnesota, and legally described in Exhibit A attached hereto and made a part hereof, said entire 5.01 acres hereinafter referred to as the "property;" and, NOW, THEREFORE, in consideration of the City adopting Ordinance No. 14-85, Developer covenants and agrees to construction upon, development and maintenance of the property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated June 13, 1985, reviewed and approved by the Eden Prairie City Council on May 7, 1985, and attached hereto as Exhibit 13, subject to such changes and modifications as provided herein. Developers shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to release of the final plat by the City, the Developer shall enter into a special assessment agreement for the construction of Dell Road adjacent to and through the property. The agreement will specify that the City will be responsible for the grading and oversizing costs beyond a 32-foot wide (back to back of curb) costs and the Developer shall be responsible for a typical 32-foot wide street, in accordance with City standards, to include sidewalk and/or bike trail. 4. Prior to release of the final plat by the City, Developer shall submit to the City Engineer, and receive the City Engineer's approval of the following: A. Detailed drainage and erosion control plans, sanitary sewer, storm sewer, water, and street plans. B. Plans indicating the necessary right-of-way for Dell Road along Lots 24, 25, and 27. C. Detailed storm water run-off plans, as a temporary solution, to carry storm water run-off to the swale along the railroad tracks. Upon approval by the City Engineer, Developers agree to construct or Implement, or cause to be constructed or implemented, those improvements listed above, as 'approved by the City Engineer, in accordance with the terms and conditions of Exhibit C, attached hereto. 5. Developers agree to notify the City and Watershed District at least 48 hours prior to grading, or tree removal on the site. 6. Developer agrees to confine grading to that area of the property within the construction limits. Developer shall place snow fencing at the construction limits within the wooded areas prior to any grading upon the property. In the event that any trees located outside of the construction limits are removed, damaged, or destroyed, the Developer agrees that, prior to issuance of any building permit for the property, Developer shall submit to the Director of Planning, and receive the Director's approval of a replacement plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees shall be replaced by similar tree species, diameter inch for diameter inch (i.e. a Red Oak 12 inches in diameter may be replaced by three Red Oaks four inches in diameter). The trees used for replacement shall be no less than three inches in diameter. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. 7. Prior to issuance of any building permit upon the property, Developer shall submit to the Director of Planning, and receive the Director's approval of a housing development plan, keying specific unit types to lots in accordance with City policy. 8 e. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those plans listed above, as approved by the Director of Planning. 8. Concurrent with building construction, Developer agrees to construct a five-foot wide concrete sidewalk along the Paulsen Drive extension through the property as depicted on Exhibit B. ?i3 8 AutuTn Woods 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-139 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 14-85 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 14-85 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of June, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 14-85, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in , Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 14-85 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on June 18, 1985. Gary D. Peterson, Mayor ATTEST: John D. Frane, ity Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: This Ordinance allows rezoning of land located east of Highway #1-0-4 -NTOrth of Chicago, Milwaukee, St. Paul, and Pacific Railroad, known as Autumn Woods 3rd Addition, from the Rural and RM-6.5 Districts to the R1-9.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane City Clerk /s/Gary D. Peterson Mayor PUBLISHED in the Eden Prairie News on the day of , 1985. (A full copy of the text of this Ordinance is available from the City Clerk.) / Ridgewood West Plat V CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-85-PUD-2-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 ' WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-13.5 District and be placed in the Planned Unit Development 2- 85-R1-9.5 District (hereinafter "PUD 2-85-R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 18, 1985, entered into between Centex Homes, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement and Supplement contains the terms and conditions of PUD 2-85-R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 2-85-R1-9.5 is not in conflict with the goals of the Guide Plan of the City. B. PUD 2-85-R1-9.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in PUD 2-85-R1-9.5, are justified by the design of the development described therein. D. PUD 2-85-R1-9.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the Planned Unit Development 2-85-R1-9.5 District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and ate amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of May, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 18th day of June. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of / Exhibit A Legal Description Zoning: Lots 45-51, Block 1, and Lots 6-12, Block 3, Ridgewood West, Hennepin County , Minnesota Platting: Lots 45-51, Block 1, and Lots 6-12, Block 3, Ridgewood West, and Outlots D and E, Ridgewood West Plat 4, Hennepin County, Minnesota Ridgewood West Plat V PUD-2-85-DEVELOPER'S AGREEMENTS THIS AGREEMENT, made and entered into as of , 1985, by and between Centex Hmes Midwest, Inc., a Nevada corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied for Zoning District Change from R1-13.5 to R1-9.5-PUD-2-85, with variances, Planned Unit Development District Review on 88 acres, and preliminary platting of 6.03 acres, situated Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof and hereinafter referred to as "the property;" and, WHEREAS, Developer desires to develop the property as 27 single family cluster lots, based on revised plans dated April 11, 1985; NOW, THEREFORE, in consideration of the City adopting Ordinance #16-85-PUD- 2-85, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall plat and develop the property in conformance with the materials dated April 11, 1985, as revised, reviewed and approved by the City Council on May 21, 1985, and attached hereto as Exhibit 8, and made a part hereof, subject to such changes and modifications as are provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to release by the City of the Final Plat, Developer shall submit to the Director of Planning and receive the Director's approval of plans for the overall site development, indicating the proposed decking, consolidation of mail boxes, signage, lighting, landscaping, and site fencing. Said plan shall also include a three-foot high privacy fence located parallel to the driveway entrances to screen parking areas on all cluster lots. 4. Concurrent with building construction, proponent shall construct, or cause to be constructed, a five-foot wide concrete sidewalk on private property along the south side of Wellington Drive, which shall be maintained by the homeowners' association. 5. Developer agrees to development of the property shall take place in ' accordance with Exhibit D, attached hereto and made a part hereof. Ridgewood West Plat V CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-140 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 16-85 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 16-85 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of May, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 16-85, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for Inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 14-85 shall be recorded in the ordinance book, along with proof of Publication required by paragraph 8 herein, within 20 days after said publication. ADOPTED by the City Council on June 18, 1985. Gary O. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-85-PUD-2-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Sumary: This Ordinance allows rezoning of land located at Saratoga Lane, south of Wellington Drive, known as Ridgewood West Plat V, from the R1-13.5 District to the PUD-R1-9.5 District, subject to the terms and conditions of a developer's agreement; Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson ' City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1985. (A full copy of the text of this Ordinance is available from the City Clerk.) Juhl Pacific CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 18-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the 1-2 Park District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the 1-2 Park District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 18, 1985, entered into between J. P. Partners, Limited, a Minnesota limited partnership, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between the Equitable Life Assurance Society of the %United States, a New York corporation, and the City of Eden Prairie, dated as of June 18, 1985, which Agreement and Owner's Supplement are hereby made a part hereof. Section 6. This Ordinance shall .become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of June, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 18th day of June, 1985. ATTEST: 'an D. Franc, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Legal Description Outlot 8, Block 1, Edenvale Executive Center Two, Hennepin County, Minnesota Juhl Pacific DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1985, by J. P. Partners Limited, a Minnesota limited partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change for 4.5 acres from the Rural District to the 1-2 Park District for construction of a 63,639 square foot building for office/warehouse purposes, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #18-85, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated May 30, 1985, reviewed and approved by the City Council on June 4, 1985, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to he constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. Prior to issuance of any building permit upon the property, Developer shall submit to the Director of Planning, and receive the Director's approval of: A. Samples of the exterior materials for the structure, including colors to be used. Said materials shall be consistent with the overall development framework of the Edenvale Executive Park. B. Revised plans indicating the location of sidewalk connection(s) from the entry areas of the building to the trail system along Valley View Road. C. Revised landscaping and screening plans which depict screening of the parking and loading areas from the public streets and surrounding lots. D. An overall signage plan, in conformance with the overall develoment framework of the Edenvale Executive Park. Upon approval by the Director of Planning, Developer agrees to construct, or cause to be constructed, all those improvements listed above, as approved by the Director of Planning. 5. Concurrent with construction of the structure, Developer agrees to construct the sidewalk connection to Valley View Road, as listed above in 4. B. 6. Developer agrees to utilize no lighting which causes glare beyond the boundaries of the site. Developer further agrees that all lighting fixtures on the site shall be accomplished through the use of cut-off luminars, which provide for downcast lighting. 7. Developer agrees that screening of the rooftop mechanical equipment shall be accomplished by grouping mechanical units together and screening the units with the same pre-finished metal approved for the slanted roof of the office portion of the building. Developer further agrees that the screening shall be constructed so as to be at the same pitch as is utilized for the office roof portion of the structure. 8. The south building elevation shall be revised to depict brick as an exterior material extending around the southeast and southwest corners of the building and terminating at the first loading bay in from each corner, except that brick shall continue across the entire top of the building from the top of the loading bays to the roof of the structure. Rock-face block shall be utilized in lieu of brick on the south elevation, in all areas not required to be brick. OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN J. P. PARTNERS LIMITED AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1985, by and between Equitable Life Assurance Society of the United States, a New York corporation, hereinafter referred to as "Owner," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #18-85 changing the zoning of the property owned by Owner from Rural to 1-2 and Office as more fully described in that certain Developer's Agreement entered into as of , 1985, by and between J. P. Partners Limited and City, Owners agree with the City as follows: 1. If J. P. Partners Limited, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, heirs, and assigns of the property. 3. If the Owner transfers such property, Owner shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer':; Agreement. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES By K. E. Schumacher, Eden Land Sales Agent for Equitable Life Assurance Society of the United States / Juhl Pacific CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-145 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 18-85 AND ORDERING THE PUBLICATION OF SAID SUMMARY. WHEREAS, Ordinance No. 18-85 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of June, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the •summary of Ordinance No. 18-85, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for Inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 18-85 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on June 18, 1985. Gary D. Peterson, Mayor ATTEST: John 0. Franc, CityThrk V=3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 18-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located at the southeast corner of Valley View Road and Executive Drive, known as Juhl Pacific from the Rural District to the 1-2 Park District, subject to the terms and conditions of a developer's agreement.- Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane City Clerk /s/Gary D. Peterson Mayor PUBLISHED in the Eden Prairie News on the day of , 1985. (A full copy of the text of this Ordinance is available from the City Clerk.) /a. TO: Mayor and Council FROM: Carl Jullie DATE: June 14, 1985 RE: 1984 Budget Resolution 85-154 The annual audit report for the 1984 budget year is nearing completion and will be issued by July I. At this time it is requested that the Council formally authorize certain amendments to the 1984 Budget in the following areas. Corporation Council; +$27,300. During our 1985 Budget discussions we identified the increased costs in this area due to development projects. Computer Equipment; +$45,200. The Council authorized this increase in September. Inspections; +$61,000. The Council authorized additional help to handle the volume in 1984. Prosecution; +$46,100. An increase in the number of offenders coupled with the ever increasing complexity of DWI laws. We also have respon- sibility for gross misdemeanors. Our case load is equal to the City of Edina's. Planning; +$15,000. Council authorized additional help to handle 1984's activity. The total 1984 Budget would change from $5,692,000 to $5,907,600. Total 1984 Revenues were $5,920,005; 1984 actual expenditures were $5,888,394. The addition to the General Fund Balance is $31,600; the balance now stands at $947,600. 1 'L LI CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-154 Amending the 1984 Budget BE IT RESOLVED that the 1984 Budget be amended from $5,692,000 to $5,907,600. ADOPTED by the Eden Prairie City Council on *lime 18, 1985. Gary D. Peterson, Mayor SEAL ATTEST; John D. Frane, Clerk. (4. (A COPY OF THIS LETTER WAS SENT TO EVERY MEMBER OF THE METROPOLITAN COUNCIL) LANG. PAULY & GREGERSON, LTD. A 11 OHNrYS AT LAW IMM K11 LAN), MY,A It A FAM1 KVIN RR HAIM F M60% MARK) /FINKON Ill)) I'll A NILAN JOHN LAM; DIANA P MASSD 4111m IDS (TNILIt SOla It 1.1011111 SI kEE1 MINNEAhrt mINNI -Sul A !sacr., 1 ELLPHONE: (612) 338,075!.. June 11, 1985 Mr. Mike McLaughlin Member, Metropolitan Council 275 Summit Avenue St. Paul, Minnesota 55102 Dear Mr. McLaughlin: A request to expand the Flying Cloud Landfill by 5,644 acre feet will come before the Council on Thursday, June 13. The Environmental Resources Committee has passed the matter on to the Council without recommendation. On the first vote before the Environmental Resources Committee, a motion to recommend approval of the permit for the expansion failed on a 2 to 3 vote. The Metropolitan Waste Management Advisory Committee voted to recommend approval of the permit with 2 members voting in opposition to that recommendation. The purpose of this letter is to set forth the position of the City of Eden Prairie with reference to the proposed permit. First, we wish to advise the Council of the action that has been taken by City Commissions thus far in the process. BFI has submitted an application to the City requesting certain land use amendments and approvals. They have also recently amended their request subsequent to determinations by the City's Planning Commission and Parks, Recreation and Natural Resource Commission. The City's Planning Commission held public hearings on April 22 and May 28. On June 3, the City's Parks, Recreation and Natural Resources Commission considered the BFI proposal. Both Commissions voted unani- mously to deny approval of the expansion. The original application of BFI is scheduled for public hearing before the Eden Prairie City Council on June 18. The imended application will have a public hearing on July 2, 1985. The second matter which the City wishes to bring to the Council's attention concerns groundwater contamination. Mr. Mike McLaughlin Page Two June 11, 1985 The Environmental Impact Statement (EIS) concludes that leachate from the landfill as expanded could reach Grass Lake and exceed MPCA's Surface Water Quality Standards for some parameters. The EIS concludes that effects on the Minnesota River should he negligible due to dilution but that there could be long-term accumulation of pollutants, such as metals, adding to those from other gources, which might impact the biota. Equally of concern are the conclusions of the expert hired by Hennepin County to review the draft EIS, GME Con- sultants, Inc. The concerns of GME are identified in their letter of June 5, 1984, to Hennepin County, which is attached as an exhibit to the EIS. In addition to the concern over leachate reaching Grass Lake or the Minnesota River, GME alerts that there is a legitimate concern for pollution of the Prairie du Chien-Jordan aquifer. GME states that the hydrogeological data indicates that leachate may, in fact, flow downward into the aquifer dolomite. Once the leachate reaches the dolomite, there is insufficient data upon which to predict where it will flow. Numerous times in its report GME states that there is insufficient hydrogeological data to either support the conclusions of the draft EIS or to predict where the leachate will, in fact, flow. GME states that: Due to the lack of sufficient hydrogeo- logic and groundwater flow data as discussed above, and the lack of a complete analysis, the conclusions reported in the [draft] EIS on leachate movement have no scien- tific or engineering basis. Additional data and a thorough analysis of the leachate and its interaction with the groundwater is required. GME's conclusion that there is insufficient data upon which to predict leachate movement is supported by analysis made by a staff member of the Metropolitan Council. In a February 14, 1985, memorandum regarding the draft permit, Pat Leonard-Mayer states that: The major problem with respect to flow is not the future impact on the system hut the lack of information describing the existing flow systems. 7.) 4 Mr. Mike McLaughlin Page Three June 11, 1985 Any time we deal with hydrologic informa- tion, there is a concern about the amount of data. How much is enough. The problem at Flying Cloud and other landfills along the Minnesota River is that they are extremely close to a major discharge area. As a result, the changes in the direction and rate of flow are greater than they would likely be at any greater. distance further back away from the bluff. The landfill is located right where all the hydrologic action is happening, and more data is needed to understand the flow system in this situation. The final EIS (which took into account GME's comments on the draft EIS) concludes that, if there is no silt layer under the existing landfill, "any leachate generated could move quickly downward into the groundwater system." The City concurs that more information is needed before an expansion of this size is allowed to proceed. The City can imagine no circumstance under which the Council would allow a new facility to be developed without this information being on hand prior to development. Fifty-six percent of the expansion request (3,169 acre feet) consists of a vertical expansion upon the existing landfill. The existing landfill does not have a leachate liner below it. The EIS states that there is insufficient data on which to conclude that there is a silt layer beneath the existing landfill which would serve to impede the flow of leachate down further to the groundwater. A liner system is being required under the horizontal expansion of 2,475 acre feet. The City doubts that the Metropolitan Council would approve a new landfill of 3,169 acre feet being developed without a leachate liner. Yet, approval of the Flying Cloud expansion will do just that. The City's final point concerns the Metropolitan Council's own Solid Waste Policy Plan. The Policy Plan states that "Where must be a shift away in the current philosophy that dilution of pollutants is an acceptable means of environmental protection." Even assuming discharge of leachate into the Minnesota River or Grass Lake, and not elsewhere in the Prairie du Chien-Jordan aquifer, dilution of pollutants is being relied upon for this landfill and its expansion. This is not in accord with the Policy Plan. Mr. Mike McLaughlin Page Four June 11, 1985 Under the Policy Plan, land disposal is targeted as a waste management practice of last resort. The idea is to discourage early development of new capacity so that resource recovery efforts are not hindered. Accordingly, landfilling of mixed municipal solid waste is prohibited after 1990. This provision is now incorporated into law. However, allowing the expansion to take place will provide 2,412 acre feet of capacity not needed by Hennepin County from 1985 to the year 2000. In addition, the permit is being sought 6 years prior to the date at which new capacity for Hennepin County is needed. Without any change in waste management (no resource recovery), 7 to 9 years of capacity remain available in existing disposal systems. The Policy Plan states that that period of time will be longer if major reduction in recovery projects is implemented. While the total expansion is not in excess of the region's needs for the years 1985 to 2000, it is in conflict with the Plan by providing that capacity at a much earlier point in time. The expansion in effect would provide 65% of the entire 7-county area's need to the year 2000. Eden Prairie believes that it is simply not equitable for one city to bear that large of a proportion of a 7-county burden, especially in light of the fact that the landfill has already been in existence for 15 years. The residents of the City were told in 1970 that the landfill would close in 1982. Should the expansion be allowed to take place, the facility will certainly be operating through the year 2000, making it a 30-year "temporary" land use. In the recent legislative session, BFI lobbied the legislature to defeat a proposed amendment to the Waste Management Act that would repeal the exemption this facility has from the Council's certificate of need process. During that lobbying BFI told the Senate Committee considering the amendment that the Metropolitan Council would review need in any event. Before the Environmental Resources Committee, BFI's representative agreed that this was the time for the Council to consider the need for this facility. The City urges the Council to enforce the Policy Plan and conclude, as the City has, that the permitting of this facility at this point in time is not consistent with that Plan and will be detrimental to the Council's resource recovery efforts. Mr. Mike McLaughlin Page Five June 11, 1985 Representatives of the City will be present at the Council meeting on *June 13 and will be prepared to answer your ques- tions concerning this matter. Thank you for your attention to this matter. Very truly yours, LANG, PAUL? & GREGERSON, LTD. Attorneys for City of Eden Prairie By: ( idhard F. Rosow / RFR:cw cc: Carl aullie, City Manager s l'CA REGULATIONS 7035.0900 SOLID WASTE RULES 5336 7035.0900 INTERMEDIATE AND FINAL DISPOSAL OF SOLID WASTE. Subpart 1. Open hurtling. Open burning is prohibited at all intermediate and final solid waste disposal sites, except as shall be allowed by any rules of the agency now or hereafter adopted. Subp. 2. Water pollution. Solid waste shall not he deposited at any intermediate or final solid waste disposal site in such a manner that material or Teachings therefrom may cause pollution of ground or surface waters. Suhp. 3. Permitted sites or facilities. A person shall make an intermediate or final disposal of any solid waste, only at a site or facility for which a permit has been issued by the agency unless otherwise provided by these parts. Permits shall not he required for sites used for the disposal of solid waste from only a single family or household, a member of which is the owner, occupant, or lessee of the property, under these parts, but these shall be operated and maintained in a nuisance free, pollution free and aesthetic manner consistent with the intent of these parts. Statutory Authority: MS s 116.07 subd 4 5J000 PLAN APPROVAL AND PERMIT ISSUANCE, DENIAL, AND REVOCATION. Subpart 1. Requirement. It shall he unlawful for any person to establish, mainlinn, conduct, or operate an intermediate or final solid waste disposal site or facility except as provided in these parts without first obtaining a permit from the agency.__. Conformance with other -law. Although a permit shall be granted the same shall become effective only if the location of the site or facility shall conform to all applicable federal, state, and local laws, ordinances, and regulations. Suhp. 3. Plans required. Each permit application shall be accompanied by plans as described in these parts and a plan of operation indicating procedures which will be followed to fulfill requirements of these parts. Subp. 4. Approval of plans; issuance of permit. Plans and specifications shall be approved and a permit issued when the director of the agency believes that they are in accordance with the requirements as set forth in these parts. Subp. 5. Denial of permit. When a permit is denied}ipplicant shall be notified in writing of the reasons therefor. A denial shalrbe without prejudice to the applicant's right to an appearance before the agency or for filing a further application after revisions are made to meet objections specified as reasons for the denial. Subp. 6. Revocation of permit. Permits may be revoked for violation of these parts. Statutory Authority: MS $ 116.07 subd 4 SANITARY LANDFILLS 7035.1500 SANITARY LANDFILL; REQUIRED METDOD. The sanitary landfill method shall be used for all final disposal of solid waste. Statutory Authority: MS $ 116.07 stibd 4 7035.1600 PROIIIBITED AREAS FOR LANDFILL SITES. The fill and trench areas of sanitary landfill sites are prohibited within' the following areas, as existing at the time of receipt of the permit application by the agency: A. 1,000 feet from the normal high water mark of a lake, pond, or flowage. 7,•••• 'at - yva • ctr--. My name is Kathy Palmer. I live at 10294 Winter Place - located in Bluffs West II. I have been a resident at that location since October 2, 1981 and have been involved with the landfill issue since February 1982. At the time we were notified of the proposed expansion, the landfill supposedly had only a few months capacity remaining - or so we were led to believe. Now, over three (3) years later, we are still listening to rhetoric about the expansion and we are tired, frustrated and want answers now. For the last three (37 years our property taxes neve increased substantially each year. We, the homeowners, request that our property taxes be reduced to reflect the devaluation of our property. BFI conveniently purchased the remaining undeveloped lots from Hustad and Orrin Thompson. We demand guarantees that this land can never be used for any expansionery purposes. We also%request that BFI be prohibited from purchasing any additional surrounding property for expansion or otherwise. The homeowners wishing to leave the area should be bought out by BFI at the full and actual cash value of their homes and BFI should pay the escrow fees involved. Those homeowners who wish to remain Sin the area should receive compensation for their devalued property. These processes should become effective immediately and should be expedited as swiftly as the original lot purchase by BFI. Everyone in.our neighborhood was either unaware (as we were) of the landfill, or had been assured of its clostire in 1982, when they purchased their homes. None of us anticipated this long, three year struggle and we want action. WE WANT: BFI to set an exact closure date for the landfill- BFI to remain leagally responsible and financially responsible for all facets for at least 20 years beyond closure- taxes to be lowered immediately- compensation or buy oa by BFI for all homeowners- IN FINALITY: WE WANT ACTION AND ANSWERS NOW: I ti LA RHIN. HOFFMAN, DALY LINDGREN, 1...rn• 2000 PH,. JAFFNA,. TOWED 2E2 SOUTH NINTH STREET "MINNEAPOLtS, MINNESOTA 5,102 TELEPHONE lE,121 3311 -60 1 0 1500 NORTHWESTERN FINANCIAL CENTER 7900 HEROES AVENUE 500111 BLOOMINGTON, PUNNE5OTA 55431 TELEPHONE 10121 835-3000 ATTORNEYS AT LAW FEDERAL PRACTICE PARTNERSHIP LANA$22. NOEL 6. 'ALA SUITE 1110 130, PENNSTLVANIA,N.W. WASHINGTON. D.0 20004 TELEPHONE 12021737-1000 J Am s LAIRK IN ROIJENt L HO/ ',AN JA.e, r (LAI, TENNETN LtNEEREN MENOLL P ANL.I.L9LIN OE fi•Lo to FR .< OELL ALLAN R J HENN, ...SET RONALD N TEN,. JAMES C EON: A Pun COWAR, J. LAN SCOLL J AmE9 M ANL Eft J OHN • PoctoUGH SERE FVELLot J OE, w ANTNoNV DAvto c r...10C14 JONN 'CELT, n TaCtfor. NT r. foOvor •n •n •n •k MAPVEY HICOIA.H0 A F On scHLER nic.NAND • NOR otiT E nOn< PT T MON vA0LIE. JR. CHATTELS 9 MoLLELE CNINITTutottrn J tNET7EN NIC.HAffo CHANT:tun J ONN ft. °CAME JAmE9 fn. ST POINER LtN0A N. rtStIER TNOMAS STOLTEtAto STEVEN S LEVIN FORREST O. NOWLMO MiCHAEL C JAC Am••n footcHAEL -mAupt.tEtEs ST ERNEN SOLOmON J ONN C OtEml May 28, 1985 OrRALD L sucit TH0mAs IN.H.TpHREs PETER • NEE. JON S SVMERZEwsott THOMAS J FLONN nODERTEA MACKE.. It JAMES OTNNTO POI•ENT O. NENNER. JR. DANIEL QUINLAN JEROME tt FANNAl FOIJO I. rHEINArd *NUN', J MITCNELL DAVI, O. MOELLER JOHN A. COI I L lot KATHLEEN to. VAIL, TNCHJAS 0 ENLETORALO• BRAOLEv LLNALAAN EILATHIcE ,140710., iLER SNERLItEL OnAN OHJNETICH RAUL n 01,141,71. SUSAN OunNIONT AMY 0.414P GRAOT ALAN L. KIEDOW OARTN C [CILLER MARK E. DENIAL KATNLEEN RICO", NEWMAN LAPIN, A. AOC.. •ETER J. COVES CATHEENNE BARTLETT WILSON• Or COUNSEL JOSEPH OTTIS INOmAS CAPCY •ALSO AnottilE0 lot WIS.CoNsIN Chairperson Ed Schuck and Members of the Eden Prairie Planning Commission City of Eden Prairie 9950 Eden Prairie Road den Prairie, MN 55344 Re: Woodlake Sanitary Service Planned Unit Development Concept Plan and Zoning Amendment Dear Chairperson Schuck and Commissioners: Woodlake Sanitary Service representatives received the extensive City Staff Report regarding the above application late on May 24th. Because of this late receipt and the Memorial Day weekend, we have been unable to assemble responsive materials called for by the Report and request the opportunity to transmit additional information subsequent to your meeting of May 28th. The Report states that WSS has not applied for the necessary Zoning Code amendment to enable the expansion of the landfill. This is con- trary to our understanding of the situation and obviously needs to be corrected. Subsequent to the City's approval of the Flying Cloud Landfill in 1970 and WSS's acquisition, WSS has been using essentially all of the land it owmi west of the dividing line between Sections 26 and 27, other than that devoted to office and garage activities, for the Flying Cloud Landfill. (see Air Photo, Exhibit 0, PUB Auelication). This land has been used for waste disposal, truck and container storage, boundary road, litter control fence, storm water drainage and holding pond, and other associated activities, etc. LA Ifli IN. 11()FFNIAN, DALY & LINI)mmx, I:Irn. ( haii-person Ed Schuck and Members of ' the Eden Prairie Planning Commission May 28, 1985 Page Two Because of this use and our understanding of the authorization granted in 1970 as well as the position that the current application simply requests authorization for the continuation of the nonconforming (since 1982) landfill use, WSS did not expressly request zoning amendment authorization for the land into which the waste deposit would be expanded lying west of the section line between Sections 26 and 27. By letter of March 29, City Attorney Roger Pauly stated the position that the entire expansion area must be rezoned in order to authorize the use of that area for sanitary landfill purposes. WSS, by letter of April 2nd from Fred Hoisington to Carl Jullie, stated that rezoning for the entire expansion area would be acceptable. This position was also communicated in subsequent conversations and in our presentation to the Planning Commission on April 22nd. Based on the statements in the Report, our communications have not apparently been found to be satisfactory to initiate rezoning for the entire expansion area. We apologize and desire to correct this situation. WSS hereby formally requests that the City of Eden Prairie consider the creation by zoning amendment of a new temporary sanitary landfill district which would apply to and govern the approximately 14.44 acres lying east of the section line between Sections 26 and 27 which are described in our PUT) Concept Plan Amendment Application and, in addition, the lands located west of the section line which are described in Exhibit A attached hereto which include those lands west of the section line which are east of the current boundary of the waste deposit and which would be included in the expansion area for the Landfill. If this request does not activate consideration of the appropriate zoning ordinance amendment desired by the City, please advise immediately. The Report also states that the WSS application is not consistent with the City's current Comprehensive Guide Plan. While WSS disagrees with both the analysis and conclusion in the Report, it desires to cooperate with the City to secure whatever Comprehensive Guide Plan amendment is deemed necessary by the City to allow use of the property consistent with its current application. An application to amend the Comprehensive Guide Plan was not submitted with the current application because it was assumed that the staged mix of uses proposed by the Concept Plan amendment, including park/open space, landfill, industrial and residential, were generally consistent with the three general classifications for lands with PUB 70-1 in the current Guide Plan. The Report now characterizes landfill use as industrial, not quasi-public as it was treated under previous zoning, and apparently finds the application for temporary LAIOCIN, HOFFMAN, 1)ALY & LINDOUEN, hrD. -hairperson Ed Schuck and Members of he Eden Prairie Planning Commission May 28, 1985 Paqe_Three landfill use coupled with subsequent public recreational use to be inconsistent with the Public Open Space and Undesignated classifications in the Guide Plan. WSS desires advice from the Planning Commission and City staff of the Comprehensive Guide Plan category(ies) desired for the areas involved in the application, particularly the landfill expansion area, and advice on the land area which the City recommends be included in that category so as to make the proposed use consistent with the Comprehensive Plan. WSS would be happy to formally transmit an application for a Comprehensive Guide Plan amendment while continuing to maintain that the application is consistent with the 1982 Comprehensive Guide Plan. Thanks very much for your consideration of the above. ( ',arrest D. "Dick" Nimlin, for _ARKIN, HOFFMAN, DALY & LINDGREN, Ltd. sjg Enclosure EXHIBIT A Those parts of Government Lot 2 and the Northeast Quarter of the North- east Quarter of Section 34, Township 116, Range 22, and the Southeast Quarter of Section 27, Township 116, Range 22, all in Hennepin County, Minnesota, described as beginning at the southeast corner of said South- east Quarter of Section 27; thence South 40 degrees 53 minutes 47 seconds West, assuming the east line of said Southeast Quarter of Section 27 bears North 0 degrees 23 minutes 00 seconds West, a distance of 919.65 feet; thence North 83 degrees 20 minutes 30 seconds West a distance of 321.50 feet; thence North 68 degrees 28 minutes 29 seconds West a distance of 800.35 feet; thence North 88 degrees 35 minutes 56 seconds East a distance of 628.08 feet; thence North 46 degrees 06 minutes 24 seconds East a distance of 1295.22 feet; thence North 0 degrees 23 minutes 00 seconds West a distance of 670.00 feet; thence North 55 degrees 02 minutes 08 seconds West a distance of 1616.65 feet to the south line of the north 495.00 feet of said Southeast Quarter of Section 27; thence North 89 degrees 37 minutes 50 seconds East along said south line of the north 495.00 feet of the Southeast Quarter of Section 27 a distance of 430.00 feet to the west line of the east three-quarters of the North- east Quarter of said Southeast Quarter of said Section 27; thence South 0 degrees 10 minutes 46 seconds East along said west line of the East three-quarters of the Northeast Quarter of the Southeast Quarter of Section 27 a distance of 167.73 feet to the south line of the North Half of said Northeast Quarter of the Southeast Quarter of said Section 27; thence North 89 degrees 36 minutes 49 seconds East along said south line of the North Half of the Northeast Quarter of the Southeast Quarter of Section 27 a distance of 990.24 feet to the east line of said Southeast Quarter of Section 27; thence South 0 degrees 23 minutes 00 seconds East along said east line of the Southeast Quarter of Section 27 a dis- tance of 1987.33 feet to the point of beginning. C. 'LI.. -.)"1 • METROPOLITAN COUNCIL Suite 300 Metro Square Building, St. Paul, Minnesota 55101 612-291-6359 DATE: May 15, 1985 TO: Metropolitan Waste Management Advisory Committee FROM: Parks and Environmemtal Planning Department (John Rafferty 291-6459) SUBJECT: Flying Cloud Landfill Expansion Permit Application Metropolitan Council District No. 13 Metropolitan Council Referral File No. 10377-1 INTRODUCTION Woodlake Sanitary Services, Inc. has filed an application with the Minnesota Pollution Control Agency (MPCA) for a permit to expand the capacity of the existing Flying Cloud Landfill in Eden Prai:-ie. The planned landfill expansion includes both vertical and horizontal components. The landfill is at the top of the bluff adjacent to the Minnesota River. AUTHORITY FOR REVIEW The Metropolitan Council is requireci by Minn. Stat. 473.823, Subd. 3, to approve proposed solid waste facilittes in the Metropolitan Area before the MPCA can issue permits for such facilities. Council approval must be based on consistency with the Solid Waste Management chapter of the Metropolitan Develop- ment Guide. Council approval may contain conditions to assure caTiiM-Eliky with the guide chapter. DESCRIPTION OF THE PROPOSED FACILITY The proposed facility is a sanitary landfill located within an area of approxi- mately 240 acres, of which, about 148 acres are planned for the disposal of solid waste. The proposed facility will place an additional 5,644 acre-feet of solid waste or solid waste residuals and cover material on and adjacent to 5,261 acre-feet of waste and cover currently on the site. A revised expansion area boundary diagram is provided in Figure 1. The proposed facillity will consist of the following: 1. Vertical Expansion Area—This area consists of an area of approximately 105 acres where previous filling has occured. The capacity of this area is expected to he 3,169 acre-feet of waste material and cover. 2. Horizontal Expansion Area--This area consists of 42.4 acres of land east of the existing landfill. The capacity of the horizontal expansion is approximately 2,475 acre-feet of waste material and cover. The following alterations have been made to the original permit application during and subsequent to envirumental review: v., 2 Figure i. REVISED EXPANSION AREA BOUNDARY AND LOCATIONS OF MONITORING WELLS 0 800 1200 Foot 0 Monitoring well @ Won Installed (replaced) since completion of FEIS 3L1 3 1. A liner and leachate collection system have been proposed to be constructed beneath the horizontal expansion area. The overall efficiency of the horizontal expansion for leachate mitigation has been upgraded to 98.5 percent. 2. A methane barrier has been proposed along the south and east side of the horizontal expansion area. Gas monitoring probes have been proposed to be installed at 100-foot intervals along the southeastern perimeter of the horizontal expansion area parallel to the boundary. 3. A noise berm has been proposed along the east-southeast side of the landfill 15 feet above the adjacent land. 4. The design of the runoff detention pond has been mddified to increase particle settling efficiency. 5. Final slopes for the the proposed facility have been increased from two- three percent to five-six percent. 6. The minimum proposed separation distance has been increased to 1,000 feet from the nearest occupied residence and at least 800 feet from the nearest developable lot not owned by Woodlake Sanitary Services. The nearest residential lot owned by Woodlake Sanitary Services is 550 feet from the proposed horizontal expansion. 7. The development of the expansion is projected to begin in the southeast corner and proceed counterclockwise. This would fill the horizontal expan- sion and as much of the vertical expansion as is necessary to maintain slopes first then the vertical expansion would be completed. SUMMARY OF PREVIOUS REFERRALS AND EXPECTATION FOR RELATED SUBMISSIONS The permit review included herein is one step in the process involving the Council with this project. Related planning and review activities are listed below: o June 1982, Metropolitian Council designated RGU for the EIS. o March 1984, EAW prepared for the landfill expansion. o August 1984, draft EIS for the landfill expansion. o October 1984, Final EIS for the landfill expansion. o December 1984, adequacy determination for EIS. NOTIFICATION AND RESPONSE The following agencies and officials were notified that the Council has received this permit application for review: City of Eden Prairie Stan Johannes, Eden Prairie Citizens Coalition Department of Health Department of Natural Resources Department of Transportation -- Region 5 Enyironriontal Quality Board Hennepin County Lower Minnesota Watershed District Metropolitan Airports Commission Metropolitan Waste Control Commission Minnesota Historical Society Minnesota Pollution Control Agency Riley-Purgatory Creek Watershed District Upgrala Management Company U.S. Department of the Army, Corps of Engineers U.S. Environmental Protection Agency U.S. Department of the Interior, Fish and Wildlife Service The Metropolitan Waste Control Comnission (MCC) and the Fish and Wil d l i f e Service have commented on the proposed project. The concerns express e d a r e addressed later in the review. PROJECT REVIEW The Record of Decision, attached as a separate document, for this pe r m i t r e v i e w discusses the elements of the draft permit in relationship to the fin a l E I S . The pertinent environmental issues are highlighted in the Record of D e s c i s i o n The project review that follows addresses those concerns from the pe r s p e c t i v e of the review criteria contained within the Council's Solid Waste Ma n a g e m e n t guide. The following specific review criteria are applicable for wa s t e f a c i l - ity permits: Waste Management Service Impacts, Capacity, Location, E n v i r o n - mental Impacts, Operations, and Competitive Operation. Waste Mangagement Service Impacts (Criteria 1) The proposed expansion would provide a facility capable of supporti n g t h e c u r - rent landfilling practices for the southern portion of Hennepin Cou n t y a t t h e present fill rate of mixed municipal solid waste through the year 1 9 9 4 . T h e permit currently being reviewed would expire in mid-1990. MPCA has s t a t e d that they will not renew the permit to allow for the disposal of mi x e d m u n i c i - pal waste after Dec. 31, 1990. This provision is consistent with t h e C o u n c i l ' s Solid Waste Policy 2 which states: "Processible mixed municipal so l i d w a s t e shall be prohibited form land disposal in the Metropolitan Area af t e r 1 9 9 0 . " Permitting of the facility may enhance the county's ability to impl e m e n t t h e designation of mixed municipal waste to resource recovery faciliti e s . H a u l e r s currently disposing of mixed municipal waste from Hennepin County w i l l b e allowed to continue that practice untill designation is implement e d . T h e p o s t - ing of sions at the landfill will help to provide an orderly transiti o n f r o m land disposal to the processing of mixed municipal wastes. This metho d o f e d u - e - - ' m cation and monitoring would be lost to the county if the haulers were d e p o s i t - ing material in Dakota or Scott County facilities. Capacity (Criteria 2) i ef , The Council has adopted the policy of reducing the dependance of the r e g i o n o n land disposal. The Council's concern is that: "excess land disposal c a p a c i t y may perpetuate comnitment to a less preferred management practice." T h i s c o n - cern is vx11 founded on the Council's part. The statutory requireme n t t h a t t h e Council adopt its landfill development schedule was devised in respo n s e t o t h i s concern. The emphasis of the landfill development schedule is that a d e q u a t e space be available for the disposal of mixed municipal waste until p r o c e s s i n g facilities could he developed and sufficient capacity would remain u n t i l t h e year 2000 to dispose of the residual materials from waste processin g . T h e proposed expansion is generally compatible with the intent of the la n d f i l l development schedule. The proposed expansion allocates 9,644 acre -feet to the 5 facility which is 3,400 acre-feet in excess of the development schedule for Hennepin County. The permitting of the Flying Cloud expansion will not exceed the 7,245 acre-feet of new fill space required in the Hetropolitan Area prior to the year 2000. The proposed expansion is to be implemented in 1985 rather than 1991 as scheduled in the plan for Hennepin County to develop additional landfill space. These differences may necessitate modification of the devel- opment schedule prior to the end of the decade. Clearly there will be a need for the proposed capacity prior to the year 2000. The allocation of capacity in this instance could help to stem the proliferation of land disposal facilities in the region. Location (Criteria 4) The proposed facility is an expansion of an existing land disposal facility. The facility is located near a residental area. The proposed landfill develop- ment will move the facility closer to the residential area. The current plan calls for the horizontal expansion to be no closer than 1,000 feet to the clos- est occupied residential structure. The city of Eden Prairie is concerned that the property values of the Bluffs West Addition will be adversely impacted by the proximity of the landfill. The compensation/mitigation study done in 1983 by the Council on the effect of a landfill on adjacent property value did not show property values decreased for homes located more than 1,000 feet from a landfill. There are residental lots as close as 800 feet from the proposed landfill expansion. These lots are owned by Woodlake Sanitary Services and will be withheld from development until completion of the southeast portion of the landfill. Measures to mitigate the impact of the landfill on the residen- tial area are discussed in the Environmental Impacts section. The proposed facility is located adjacent to a state highway that has been able to support existing landfill traffic. Other local features are a drive-in theater and Flying Cloud airport. The northern portion of the landfill lies within the restricted land use zone of the airport. The maximum landfill ele- vation is 23 feet below the maximum height allowed for the airport approach surface. The Metropolitan Airports Commision stated that they did not believe that the proposed expansion would present a hazard to the airport's operation. A portion of the proposed facility is located in General Rural Use Area. The landfill operator will need to obtain the necessary permits and variances from the city to construct the proposed facility. The city of Eden Prairie is quite concerned about the proposed end use of the facility. The end use plan developed by the operator must address the concerns of the city and be acceptable to the MPCA. It is expected that the city will withhold the necessary permits for facility construction pending satisfactory resolution of their concerns over end use. The proposed facility will be collecting leachate from the horizontal portion of the fill. The mcc will require a monitoring plan for the leachate col- lected prior to permitting the leachate to be deposited in the metropolitan sewage system. The landfill operator will need to obtain the necessary permits from the MCC prior to the operation of the horizontal expansion. Environmental Impacts (Criteria 5) The miron:rontal issues of concern to the permit review are: groundwater qual- ity, impact of leachate on Grass Lake, run-off and erosion control, and land- fill gas migration. 6 The proposed facility will consist of an unlined portion tha t a l r e a d y c o n t a i n s waste in place and a lined horizontal portion. The lined po r t i o n o f t h e e x p a n - sion will have a leachate collection system and a three-foot l i n e r . T h e u s e o f a three-foot liner is not consistent with best practicable e n g i n e e r i n g w h i c h suggests a four-foot liner. The MPCA will propagate new rules t h i s s u m m e r that, in a current version, suggest a four-foot liner. The MPC A h a s s p e c i f i e d that the total site efficiency must be 98.5 percent. This con d i t i o n i s t o b e met by the installation of a three-foot cap to prevent infiltr a t i o n o f p r e c i p i - , tation into the landfill. The efficiency of the liner will be a p p r o x i m a t e l y 4 7 ' l ')/ percent. There is some concern that S?ep&rcent of the leachat e p r o d u c e d w i l l ' be allowed to penetrate the bottom of the fill. The total vo l u m e o f l e a c h a t e will be reduced but the concentration of the contaminants of t h e l e a c h a t e m a y be greater. Collection of less than half of the leachate oene r a t e d i n t h e landfill may not be considered adequate for groundwater protec t i o n . - The proposed horizontal expansion would be filled prior to d e v e l o p m e n t o f t h e vertical expansion. Due to the receiving rates of Flying Clo u d S a n i t a r y L a n d - fill and the capacity of the horizontal expansion, the horizo n t a l e x p a n s i o n will be filled primarily with mixed municipal solid waste. T o w a r d t h e e n d o f the life of the horizontal expansion, only processing residua l s w o u l d b e allowed for fill. The unlined portion of the proposed fill will have no liner a n d l e a c h a t e collec- tion'system nor is the installation of a liner technically feasible. Th e existing fill area will generate leachate that may adversel y i m p a c t g r o u n d - water. Currently the three active monitoring wells on the d o w n g r a d i e n t s i d e of the landfill are located on the south side of the landfill wi t h i n 2 0 0 f e e t o f the edge of the fill area. The MPCA has stated that the thr e e w e l l s c l o s e s t t o the southern end of the fill will or have been moved to a lo c a t i o n c l o s e r t o the fill and that they will be finished in the first surface - w a t e r c o n t a c t . Council staff believe that the monitoring of the first surfa c e - w a t e r c o n t a c t may not adequately assess the movement of contamination orig i n a t i n g f r o m t h e landfill. The generalized groundwater flow pattern diagram f r o m t h e f i n a l EIS shows that contamination may first be detected at either the s u r f a c e o f t h e groundwater, in the Prairie du Chien aquifer, and(or) the drift b e n e a t h t h e groundwater table. There is some uncertainty about the hydrog e o l o g y o f t h e site. In this instance staff feels that it would be highly ad v i s a b l e t o c o n - struct and monitor three sets of nested wells along the southe r n e d g e o f t h e landfill. The permit provision to study the effects of the landfill on Grass Lake will help to insure that the leachate from the landfill will not ad v e r s e l y i m p a c t the lake. The staff is concerned that the Fish and Wildlife S e r v i c e h a s n o t been included in the list of reviewers for the project. It is s u g g e s t e d t h a t MPCA provide an active role for the Fish and Wildlife Service i n t h i s p r o j e c t . The landfill will remain open for a number of years. The fil l i n g o f m a t e r i a l on the existing landfill will create the potential for additi o n a l p r e c i p i t a t i o n to enter the fill prior to the installation of the final cov e r . T h e c u r r e n t proposal for the landfill development calls for the southeast p o r t i o n o f t h e fill to be completed first and the filling to proceed counter c l o c k w i s e a l o n g the horizontal expansion. This would mean that much of the existing landfill would remain with only temporary cover for a period of up to s e v e n y e a r s . Currently the draft permit requires that cover over a fill ar e a t h a t w i l l b e exposed for lonoer than120 days be at least one-foot thick. T h i s r e q u i r e m e n t does not specify the permeability of the cover material. Th i s m a y allow for an 7 excessive amount of precipitation to enter the existing fill area while develop- ment proceeds on other portions of the landfill. Portions of the vertical fill that will be exposed for greater than one year should have intermediate cover that meets the following conditions: (1) one foot of material that has ten to the minus six cm/second permeability, (2) one foot of soil that will support growth, (3) vegetation to minimize erosion and (4) a system that would divert run-off away from the fill. Migration of landfill gas away from the fill is another environmental concern that must be addressed. the NPCA has requested that weekly monitoring be con- ducted of gas probes. The gas probes will be nested sets of three probes located every 100 feet along the horizontal expansion. The expansion area will be served by a passive gas collection system. Based on concern that the pas- sive system would not be adequate to protect the houses that are closest to the fill, staff contacted the Gas Research Institute (GRI) in Illinois to request their opinion concerning the adequacy of the gas protection system proposed for the landfill expansion. GRI stated that the nesting of three probes in a landfill as deep as the proposed expansion is on the lower end of acceptabil- ity. Further, the atmospheric conditions during sampling 011 greatly influ- ence the sampling results. In order to establish proof of the existence of gas migrating away from the landfill the probes should be sampled during conditions of low pressure. GRI also stated that weekly sampling should not be waved during the active filling or after closure of the landfill. Monitoring proce- dureS'and verification of excessive landfill gas migration may preclude the landfill acting promptly to install an active gas collection system should one be required. GRI stated that the minimum distance to the landfill advisable is 500 feet. With a buffer of 800 feet during the active life of the landfill there should be sufficient time to install an active collection system prior to impacting the nearby residences. The land to the south and east and within 500 feet from the landfill should not be allowed to develop after the closure of the landfill to ensure a safety margin for landfill gas migration. Noise and visual impacts will be mitigated by the construction of a 15-foot berm along the south and east side of the landfill near the residentialarea. This should serve adequately to reduce the predictable visual and noise impacts from operations. hc if -1-cr Odor and bird control can be achieved by the proper operation of the facility. The maintenance of proper cover on the fill will reduce the possibility of odor generation. The reduced availability of food in the covered fill will help to discourage . birds from feeding or living in the vicinity of the fill. Litter control can be achieved by placing a fence around the facility to catch wind-borne material. The proposed facility will include a 15-foot high fence to catch any material that may be entrained on the wind. The permits require routine site maintenance, including the litter collection around the perimeter of the landfill. The staff feels that this measure should adequately mitigate litter problems. The Department of Transportation has written confirming that Woodlahe Sanitary Services has been quite good about collecting litter that has occasionally occurred. Operations (Criteria 6) The city of Eden Prairie and the MPCA have noted that Woodlake Sanitary Ser- vices experienced only minor violations and taken reasonable corrective measures. The operator has promptly removed illegally deposited material from the gate area in compliance with plan criteria. 8 Competitive Operation (Criteria 7) The allocation of the landfill space will tend to keep the tipping fees in the region at a lower level than if the additional space were not aailable. The proposed expansion can he completed for rouqhly one-half of a new facility. The reduced cost of construction will help to keep tipping fees at the proposed expansion siOlar to the other area landfills. The tipping fee stability may create an atmosphere where the limited nature of the landfill resource may not be fully appreciated with respect to the development of alternative methods of handling mixed municipal waste. CONCLUSIONS I. The proposed landfill expansion will provide landfill space that is needed in the region prior to the year 2000. The timing of the expansion is not consistent with the development plan. However, early development of the additional landfill space could help to assure that projected landfill space needed toward the middle of the next decade will be available. 2. The proposed facility has included many safeguards for the protection of groundwater. The facility will have little impact on either public or private water supply systems. The only drinking water supply well that may be impacted by the facility or the proposed expansion is the Cooley residential well. Woodlake Sanitary Services has agreed to monitor the Cooley residential well and two other water supply wells in the vicinity of the landfill. The staff believes that additional monitoring should be conducted along the bluff face at various depths. 3. The proposed landfill gas control system appears adequate for the protection of the residential area to the southeast of the landfill. The response time necessary to mitigate gas migration is such that the gas probes should be monitored weekly during the landfill operation and after closure. It is important that this sampling frequency not be reduced during operation or after closure of the landfill. The lots closest to the landfill owned by Woodlake Sanitary Services are approximately 550 feet to the fill area. The need to have a buffer zone for gas migration is such that no lots closer than SOO feet should be developed prior to closure of the landfill nor should lots closer 500 feet be approved for development after closure of the facility. 4. The vertical expansion of the landfill will be open for a considerable length of time. The material covering the inactive portion of the fill will allow excess precipitation to enter the landfill. The portions of the landfill that will rrmain exposed for longer than one year should be covered with one foot of Ion permeability material (ten to the minus six centimeters per second) and one foot of top soil capable of supporting vege- tation. The temporary cap should be seeded and graded to prevent excess soil erosion. Run-off from the intermedate cover should be diverted from the fill. 5. A plan for an ongoing program to monitor discharge into the sewage system should be submitted to the MPCA and the MCC for their review and approval prior to the submission of an industrial discharge permit. 9 RECOMMENDATION That the Metropolitan Council approve the permit ap p l i c a t i o n b y W o o d l a k e S a n i - tary Services to construct and operate the expanded F l y i n g C l o u d S a n i t a r y L a n d - fill subject to the following conditions: "V" 1. The operator of the facility will develop a mon i t o r i n g w e l l d e v e l o p m e n t 1 1 plan that will incorporate three sets of nested well s a l o n g t h e b l u f f f a c e in the area south of the landfill. The nested well s a r e a s e t o f t h r e e / individual wells each sampling at a different depth . E a c h i n d i v i d u a l w e l l of a set should be constructed in accordance with t h e M i n n e s o t a W e l l C o d e (MN 4725) so that the first monitoring well will be a t t h e f i r s t g r o u n d - water contact (the existing and proposed wells12, 3 f 1 ; a n d 4 A s a t i s f y t h i s condition). The lowest well should be finished in t h e P r a i r i e d u C h i e n aquifer. The middle well should be developed in th e d r i f t . T h e p l a n f o r placement of the additional monitoring wells shall b e s u b m i t t e d t o t h e M P C A within 180 days after the effective date of the p e r m i t . 0 0.U, Lee4(076 WI 47 ‘1e4t6t44 -'1Ntflillo=t 11 2: The landfill operator shall cover any portion of t h e v e r t i c a l e x p a n s i o n that will be exposed and inactive for greater than o n e y e a r w i t h c o v e r t h a t • • meets the following conditions: (1) one foot of mat e r i a l t h a t h a s t e n t o texIA4i. the minus six cm/second permeability, (2) one foot o f s o i l t h a t w i l l °flint! support growth, (3) vegetation to minimize erosion a n d (4) a system that would divert run-off away from the fill. This condit i o n c a n b e m e t b y t h e operator by mitigating measurers that will have the e q u i v a l e n t e f f e c t f o r the reduction of precipitation penetration in the ver t i c a l f i l l a r e a . 3. The operator shall submit within 270 days of the effe c t i v e d a t e o f t h e permit a plan for the monitoring of Grass Lake in ac c o r d a n c e w i t h s e c t i o n II.F.11.b of the draft permit. The plan shall be rev i e w e d b y t h e F i s h a n d Wildlife Service and approved by the Minnesota Pollut i o n C o n t r o l A g e n c y . 4. The operator shall submit a plan for an ongoing prog r a m t o m o n i t o r d i s charge into the sewage system for the leachate colle c t e d . T h e p l a n s h a l l be submitted to the Metropolitan Waste Control Commi s s i o n f o r r e v i e w i n consultation with the Minnesota Pollution Control Ag e n c y b e f o r e a n industrial discharge permit is issued. 5. Lots adjacent to the proposed landfill expansion cur r e n t l y o w n e d b y W o o d - lake Sanitary Services shall not be developed until o n e o f t h e f o l l o w i n g conditions are met: (1) three years have passed from t h e c o m p l e t i o n o f t h e southeast corner of the landfill, and (2) the instal l a t i o n o f a n a c t i v e g a s control or recovery system. JR005A-P4ENV3 05.15.85 NIP I 10 DRAFT RECORD OF DECISION pertaining to the Minnesota Pollution Control Agency Permit for the Construction and Operation of a Waste Disposal Facility for the Flying Cloud Landfill Expansion, Eden Prairie, Minnesota INTRODUCTION On Dec. 27, 1984, the Metropolitan Council determined that the environmental impact statement (EIS) prepared by its staff on the Flying Cloud Landfill expansion project in Eden Prairie, Minn. was adequate. This determination means that environmental review on the project pursuant to the LRules of the Environmental Oualitv Board (6 MCAR 3.021-3.054) has been completed and that the various agencies with permit authority may proceed to grant or deny permits. The EIS included a listing of permits for which a record of decision (ROD) would be required. The Minnesota Minnesota Pollution Control Agency (MPCA) Permit for Construction and Operation of a Waste Disposal Facility was so listed. This document constitutes a record of decision for Metropolitan Council review of that permit, and is intended to indicate how the EIS was utilized in the process of permit action. ORIGINAL PROPOSAL, PERMIT APPLICATION OF FEB. 10, 1982 The proposed facility as described in the permit application dated Feb. 10, 1982, consisted of a vertical expansion of 105 acres above the existing permitted landfill and a horizontal expansion of 42.4 acres adjacent to the existing facility. A network of groundwater monitoring wells and provisions for methane detection were included as elements of the proposal. The permit application did not include provisions for a liner or for a leachate collection system. ALTERATIONS TO THE PROPOSAL ARISING DURING AND SUBSEDUENT TO ENVIRONMENTAL REVIEW During discussions with the MPCA staff since December 1934, the applicant has suggested several changes in the project which incorporate or respond to mitiga- tive strategies listed in the EIS. These changes are reflected in the permit, and are summarized below for the proposed facility: 1. A liner and leachate collection system would be constructed beneath the horizontal expansion area. 2. A methane barrier of compacted clay would he constructed beneath the hori- zontal expansion area. 3. Additional methane monitoring probes would be installed to monitor the ade- quacy of the methane barrier. Significant methane migration as determined by the director, Division of Solid and Hazardous Waste Division, MPCA, will result in the required construction of an active methane collection system. 4. A noise berm 15 feet in height would be constructed along the east- southeast side of the landfill. 11 5. The design of the runoff detention pond would be modified to increase particle settling efficiency and surface contaminant removal. 6. A 15-foot high fence would be installed on the east-southeast side of the expansion area for purposes of litter control. 7. Final slopes would be redesigned at five to six percent in combination with two percent slopes to divert surface water drainage away from the facility while still minimizing erosion. Proper vegetative cover will be estab- lished which minimizes erosion and promotes evapotranspiration. 8. Separation distances of approximately 1,000 feet between the landfill bound- ary and the nearest houses in Bluffs West second addition and approximately 800 feet to the undeveloped lots owned by Browning Ferris, Inc. will be maintained. Filling will be modified to ensure the completion of the south- east area sooner than completion of other parts of the expansion area. In addition to the above changes in project design, the applicant has agreed to the following operational considerations. 1. Three water supply wells in the immediate area of the facility will be included in the monitoring network. 2. A plan for monitoring the potential effects of the landfill upon Grass Lake, located in the Minnesota River valley south of the facility, will be submitted to the MPCA for approval. . The Flying Cloud theatre building will be monitored weekly for combustible gas levels. EIS ENVIRONMENTAL CONCERNS AND RESPONSE The following discussion provides an evaluation of how the final environmental impact statement (EIS) has been used to review the permit application for the Flying Cloud landfill. The record of decision is based on the Minnesota Pollu- tion Control Agency's (MPCA) publicly noticed draft permit. The environmental concerns addressed below are those for which MPCA's responses do not coincide with the findings of the Metropolitan Council. (The page number in the EIS where the strategy is presented appears in parenthesis.) 1. STRATEGY Monitor Cooley residential well, Flying Cloud theatre well, and 8FI office well (p.79). Establish frequent monitoring and/or comprehensive ground- water quality monitoring In ensure thorough, early detection of leachate in the groundwater and the mitigation of leachate impacted groundwater. RESPONSE The first strategy has, appropriately, been incorporated into the permit. However, no new monitoring wells have been incorporated into the expansion draft permit for detection of leachate on the south side of the landfill. The final EIS states that the expected groundwater movement of leachate 12 will he in the Prai r i e d u C h i e n a q u i f e r ; y e t o n l y o n e d o w n q r a d i e n t w e l l i s located in that aqu i f e r ( t h e C o o l e y r e s i d e n t i a l w e l l ) a n d t h a t w e l l i s o u t - side the core zone a n d m i n i m u m l i k e l y d i s p e r s i o n o f t h e p r o j e c t e d l e a c h a t e plume. The Council f i n d s t h a t t h o r o u g h a n d e a r l y d e t e c t i o n o f l e a c h a t e i s not likely with the e x i s t i n g m o n i t o r i n g r e q u i r e m e n t o n t h e p e r m i t . 2. STRATEGY Forego verticle exp a n s i o n ( p . 8 0 ) . RESPONSE The MPCA's draft r e c o r d o f d e c i s i o n s t a t e s T h e e x i s t i n g f i l l , a l r e a d y i n place, is expected t o b e a s o u r c e o f l e a c h a t e a n d m a y i m p a c t t h e g r o u n d - water beneath the l a n d f i l l . H o w e v e r , i t i s d i f f i c u l t t o q u a n t i f y e x i s t i n g impacts of the incr e m e n t a l i m p a c t s f r o m t h e p r o p o s e d e x p a n s i o n . " It is only logical to a s s u m e t h a t t h e i n c r e a s e i n t h e v o l u m e o f m a t e r i a l o r the vertical expans i o n f r o m t h e e x i s t i n g p e r m i t t e d c a p a c i t y o f 5 , 2 6 1 a c r e - feet to 3,430 acre- f e e t w o u l d p r o v i d e a 6 0 p e r c e n t i n c r e a s e o n t h e m a t e r i a l available to leach. T h e t o t a l m a t e r i a l t h a t w i l l l e a c h i n t o t h e g r o u n d - water system will i n c r e a s e . I t ' s t h e r a t e o f l e a c h a t e p r o d u c t i o n , c o n c e n - tration, volume an d a t t e n u a t i o n t h a t c a n n o t b e a c c u r a t e l y p r e d i c t e d . T h e Council agrees with t h e V I T A t h a t t h e m o n i t o r i n g a n d r e m e d i a l a c t i o n p r o v i - sions of the permit a r e i m p o r t a n t a n d t h a t t h e y w i l l b e i m p o r t a n t f u r t h e planned vertical ex p a n s i o n . 3. STRATEGY Limit vertical expa n s i o n t o t h e f i l l i n g o f p r o c e s s e d or residual waste (p. 83). RESPONSE The nature of resid u a l m a t e r i a l s f r o m w a s t e p r o c e s s i n g w o u l d a i d i n t h e elimination of toxi c o r g a n i c s f r o m t h e w a s t e s t r e a m . M a t e r i a l r e s u l t i n g from resource recov e r y f a c i l i t i e s w o u l d c o n s i s t m o s t l y o f o x i d e s . O x i d e s tend to raise the p H o f w a t e r i n c o n t a c t w i t h t h e m a t e r i a l a n d h e l p t o restrict the trans p o r t o f m e t a l s . T h e v i r t u a l e l i m i n a t i o n o f t o x i c o r g a n - ics from the fill m a t e r i a l w o u l d e l i m i n a t e t h e m a t e r i a l i n t h e v e r t i c a l expansion as a sour c e o f o r g a n i c c o n t a m i n a t i o n . P r o c e s s e d m a t e r i a l w i l l be the only materials a l l o w e d i n l a n d f i l l s a f t e r 1 9 9 0 . T h i s p r o v i s i o n o f t h e Metrenolitan Counc i l ' s _ S o l i d _ W g s t e _ P l a n p r o v i d e s a b a s i s f o r a s s u m i n g t h a t this material will b e a v a i l a b l e f o r f i l l . T h e M P C A s t a t e s t h a t : " R a p i d completion of the v e r t i c a l e x p a n s i o n a n d e a r l y e s t a b l i s h m e n t o f f i n a l c o n - tinuous and vegetat i v e c o v e r i s e s s e n t i a l t o t h e m i t i g a t i o n o f p r e c i p i t a - tion entering into t h e f i l l . " T h e c u r r e n t p l a n s u b m i t t e d b y B F I s t a t e s that the landfill w i l l he developed beginning o n t h e s o u t h e a s t c o r n e r o f the horizontal exp a n s i o n a n d p r o c e e d i n g c o u n t e r - c l o c k w i s e t o f i l l t h e a r e a clff,est to the res i d e n t i a l a r e a f i r s t . T h e t i f f , of the horizontal f i l l i s expected to be on t h e o r d e r o f f i v e y e a r s . U n d e r t h e c u r r e n t d e v e l o p m e n t plan, the vertical e x p a n s i o n w i l l b e o p e n , a s i m i l a r l e n g t h o f t i m e r e g a r d - lesti Of fill mate r i a l . T h e i s s u e o f m i t i g a t i n g p r e c i p i t a t i o n p e n e t r a t i o n of the existing fil l w i l l n e e d t o b e a d d r e s s e d w i t h a n a l t e r n a t e s t r a t e g y . The requirement, fo r i n t e r m e d i a t e s o i l c o v e r f o r p o r t i o n s o f f i l l t h a t a r e open, and inactive f o r o v e r 1 2 0 d a y s ( 1 1 . c ) w o u l d a p p l y t o t h e v e r t i c a l 13 expansion. The soil type used may do little to mitigate the migration of rainwater into the refuse. Specifying a specific soil permeability and slope requirement may be necessary to reduce infiltration cc rainwater while filling of the horizontal expansion proceeds. 4. STRATEGY End use should be jointly evaluated by the city of Eden Prairie and the applicant to determine best use.for the interim and long-term (p. 86). RESPONSE MPCA's response identified Part II.i. of the draft permit as compatible with this requirement. The draft permit states: "The portions of the facility filled with waste shall be left as open space with no construction or artificial application of water occurring on-site unless approved by the Director." This provision makes no mention of the city of Eden Prairie's involvement in the decision. To mitigate the socio-economic impacts of the proposed expansion, Eden Prairie should be allowed to review any end use plan submitted to MPCA concerning end use. The MPCA's position protecting the integrity of final cover and reducing watering must be considered to prevent excess leachate generation. a_1998-PHENV2 05.13.85 ' C.8)10 ;11Y CENCI S / S50 L at N PRAIRIE ROAR / EDEN PRAIRIE. IAN 55344 2400 / TELE P H O N E 1 0 1 2 ) 0 3 1 - 2 2 0 2 May 14, 1985 Mr. John Rutford Referral Coordinator Metropolitan Council 300 Metro Square Building 7th and Robert Streets St. Paul, Minnesota 55101 Re: Proposed Expansion of Flying Cloud Sanitary Land f i l l Metropolitan Council Referral File No. 10377-1 Dear Mr. Rutford: The City of Eden Prairie wishes to take this opportu n i t y t o c o n v e y its reservations regarding the expansion of the Flying Cl o u d S a n i t a r y L a n d f i l l . The City has been diligent to alert the various agencies o f i t s c o n c e r n s t h r o u g h o u t the EIS and permitting processes. While several issues i m p o r t a n t t o t h e C i t y have been addressed satisfactorily during these proces s e s , s e v e r a l i t e m s d e s e r v e further attention before a permit to operate a landfill may be issued. The proposed landfill permit which would be issued by t h e M P C A a p p e a r s t e c h n i c a l in nature and can not fully address the wide range of i m p a c t s a s s o c i a t e d w i t h the landfill. As provided in the Minnesota Code of Ad m i n i s t r a t i v e R u l e s , t h e City has petitioned for a public hearing to be held b y t h e M P C A . A c o p y o f t h e letter petitioning the MPCA and identifying specific i s s u e s i n t h e p e r m i t i s attached. Briefly, these issues are the horizontal ex p a n s i o n o f t h e l a n d f i l l ; how far into the future it may operate, and the end-us e a n d g r a d i n g p r o p o s e d b y the MPCA. The City would like the Metropolitan Council to consi d e r o t h e r c o n d i t i o n s w i t h regard to the permit: Compensation to Owners of Nearby Pruerties: Mile va l u e s o f r e a l e s t a t e m a y fluctuate due to Inc influence of a variety of factor s , o n e r e a d i l y a p p a r e n t influence on the value of a property is the perceived d e s i r a b i l i t y o f i t s neighbors. Although empirical studies are lacking ab o u t t h e i n f l u e n c e o f F l y i n g Cloud Landfill on values of properties in its vicinit y , o w n e r s o f t h e s e properties are concerned that their property values m a y h e i m p a i r e d d u e t o proximity of the proposed landfill expansion. From t i m e t o t i m e r e c o m m e n d a t i o n s have been made to create a fund to compensate owners o f p r o p e r t i e s n e a r w a s t e sites for loss of value due to their proximity to th o s e s i t e s . T h e C i t y i s aware that a proposed bill (Reviser's No. U5-22F1) wo u l d a c c o m p l i s h t h i s g o a l . We support such measures conceptually. Browning-Ferr i s I n d u s t r i e s / W o o d l a k e Sanitary Services (BFI/WSS) should be required 1.0 esta b l i s h s u c h a f u n d i f t h e proposvd expansion is approved prior to such legislat i o n . Cot ij.i .r_oles of Need The City believes that, throughout the EIS review process, the raetropolitan need for a landfill expansion at Flying Cloud w a s n o t conclusively determined. At most, the expansion would in c r e a s e t h e r e g i o n a l - landfill capacity about two years. This projection di d n o t t a k e i n t o a c c o u n t n Mr. John Rut ford Metropolitan Council Page Two May 14, 1985 the expected reduction in volumes of solid waste destined for la n d f i l l s resulting from waste processing and waste abatement activities. E x i s t i n g capacity should accommodate the region's landfill needs well into t h e 1 9 9 0 s a s these facilities and activities come on line. A permit for the expansion should not be granted until a certific a t e o f n e e d is issued. Pending legislation would make the Flying Cloud landfil l s u b j e c t t o this certification. If a certificate is granted, it should furt h e r l i m i t expansion by requiring the need for each phase of the fill to be c e r t i f i e d a n d permitted before tilling commences. Left-Turn Lane on U.S. 169: While the proposed permit does not r e q u i r e a sheltered left-turn lane on south-bound U.S. 169 because it is n o t r e l a t e d t o environmental safety, such a lane is needed for public safety. B F I / W S S estimates landfill-related traffic on U.S. 169 will represent 14 p e r c e n t o f t h e vehicles on the segment of highway in front of the landfill en t r a n c e . M o s t o f this traffic will come from the north and east. With this high o f a p r o p o r t i o n of the traffic turning left, the opportunity for rear-end collis i o n s i n c r e a s e s . 13F1/WSS should be required to enter into agreement with the Min n e s o t a D e p a r t m e n t of Transportation to construct a shelted left-turn lane at the l a n d f i l l entrance. Permit Issuance after City Approvals: The proposed permit stat e s t h a t p e r m i t will not be effective until 8F1/WSS also complies with other st a t u t e s , regulations, and ordinances which affect the landfill. Inasmuc h a s t h e C i t y Council must adopt ordinances amending zoning and the Comprehen s i v e G u i d e P l a n to effect the landfill expansion, other agencies actions granti n g a p p r o v a l s o r issung permits or licenses would be premature; they should awa i t a p p r o v a l s f r o m the City. The issues stated above are not all-inclusive. In fact the City h a s p r e p a r e d an extensive list of provisions (also not all-inclusive) which shoul d b e i n c l u d e d in a permit or in agreements stating conditions of approval. Thi s l i s t i s a l s o attached for your consideration. If the permit process is to rem a i n a n o p e n o n e which addresses the legitimate concerns of all parties, the issue s w e h a v e outlined must be analyzed and incorporated into the permit to th e e x t e n t possible under the law. Carl J. Jul,: City Manager CJJ:jp Attachments cc: Roger Pauly, City Attorney Chris Enger, Director of Planning Bob Lambert, Director of Community Services Craig Dawson, Assistant to the Manager Representative Sidney Pauly Senator Don Storm MAY 1 To: Eden Prairie Planning Commision City Offices 8950 Eden Prairie Road Eden Prairie, MN 56344-2499 Date: 05-09-1985 From: Raymond H Rau 11973 Chesholm Lane Eden Prairie, MN 55344 Subject: DPI AMENDED PUD. Position: I oppose the expansion of the existing Flying Cloud Landfill for the reasons listed below: 1. Sufficient time was not allotted at the scheduled Planning Commmision meeting of 22 April 1985 to allow all parties interested to provide adequate input on the expansion request and end used plans submitted by BFI and WSS. 2. The liability (issue) for damages to the residents living adjacent to the landfill has not been clearly defined by BFI or WSS. Mr. Dick Nolan has twice referenced the "Superfund" as source of revenue to cover any catastrophy concerning the future hazardous and derimental effects of the landfill. Included is a recent article in the Minneapolis Star and Tribune which clearly indicates that the Superfund is a very poor source of funds for compensation and corrective actions. 3. The final cover cap for the landfill is totally inadequate to serve the end use plan as proposed by BPI. With only two feet of clay cap, the cap would be full of holes by rodents before the first year was ended. 4. Mr. Fred Hoisington stated that a hard surface road could not be established across the cover cap of the landfill clearly reflects the fragile instablility of the cover. Yet almost within the same breath, he proposes a parking lot for 600 vehicles. The two foot thick cover cap is insufficient to support the weight of 600 vehicles when a hard surface road would not support one. There appears to be a great deal Of disparity between information. 5. It is my feeling that all the alternatives to the expansion to the existing landfill have not been offered. DPI and WSS have made an of of providing an end use plan with the terms of 42 act en of additional landfill. This does not restrict the Eden Prairie Planning Commision of providing its offer. If DPI were given a reasonable offer which would include some resource recovery business, that offer would certainly receive serious consideration by BEI. Resource recovery is the wave of Page 1 1 the future, and from an economical standpoint, BFI realizes that future income from that landfill could become very limited after 1990. The time has come to put heads together and come up with an offer that all parties can live with and close the landfill while it's still a manageable problem. -71* 4/-2-- Page 2 on., AprII 20, 1986 ittinnonpolis :are and Tribune fi • 1Z • . %." i tr".n ••‘r,"74 7lrm".1"1 b i Washington Post • • I - 1 I Less than one dollar of five hi the • I $1.6 billion "super-fund" hes been • used to clean up the notion's worst toxic-waste dump sites, and more • than half of the fund has been spent I on "ndmInistration and nonpriority 1,nites,'! Kcording to a cit:zens' group that studied Environmeatal Protee- : Hon Agency records for several ; Months. . The National Campaign Af•ahrd 'Fox. Havird_s, an umbrella or n .aniration ' established Mo years ogo to fight for larger supernind, found that 16 f percent of the fund bus been ;pent I on physical cleanups. . I I . At that rote, more than 60 iercent of the 512 !:itas on the government's priority list will not receive long- term cleanup funds by the time the law is hi years old, the study sugamting that "millions of Amen' cane will wait decades for EPA to clean up their poisoned communi- ties." , EPA officials dented the group's findings, calling the report an unfair representation tent do.:%s not take into account millions of dollars spent for environmental end engineering studItz before bulldozers move In. "We would argue that that's part of the Cleanup," 'said Ittuz Dawson, a spokesman for EPA Administrator Lee Thomas. Michael Pedhomer, who headed the orr.anization's research team, said a computer analysts showed that 2_, percent of the superfund has bees *spent on such studies. The study is likely to fuel a battle ' Over the superfund, which is up for renewal this year. The administra- tion agrees that more money Is need- ed, but the erA contends that at cannot spend more than 5.3 billion over Me next five years. The Senate . Is considering a $7.5 billion bill. Cool the House version is expected to be larger. • IIY f "'CIS / 8550 IIIEN 1.11A11111 110k0 / 113111 PliA11111, 7 , 1 7 1 5 5 3 4 4 • 2 4 9 9 / T I L L P I I I M E 1 6 1 2 ) 9 3 7 - 2 2 6 2 May 7, 1985 Mr. Dale Wikre, Director Solid & Hazardous Waste Division Minnesota Pollution Control Agency 1935 W. County Road 8-2 Roseville, MN 55113-2785 Re: Proposed Permit for Flying Cloud l a n d f i l l E x p a n s i o n , S W - 1 4 Dear Mr. Wikre: The City of Eden Prairie requests that t h e M i n n e s o t a P o l l u t i o n C o n t r o l A g e n c y hold a public hearing on the permit req u e s t e d f o r t h e p r o p o s e d e x p a n s i o n o f t h e Flying Cloud Sanitary Landfill. As the m u n i c i p a l i t y i n w h i c h t h e l a n d f i l l exists, Eden Prairie is vitally concern e d a b o u t a l l a s p e c t s o f l a n d f i l l u s e s a n d operations. With respect to the draft of the propo s e d p e r m i t , t h e C i t y w i s h e s t h e M P C A t o clarify its position on the following i s s u e s : 1. Horizontal Expansion: The draft permi t w o u l d a l l o w additional capacity based on vertical a n d h o r i z o n t a l expansion of the existing landfill. P a r t I . B . C . o f t h e draft permit states that approval of th e p e r m i t d o e s n o t release the applicant from compliance w i t h o t h e r s t a t u t e s , regulations, or ordinances. Inasmuch as the Eden Prairie City Council must adopt ordinances for p r o p e r r e z o n i n g a n d amendments to the City's Comprehensive G u i d e P l a n , t h e hori7ontal expansion capacity should be s t a t e d a s a maximum allowable subject to the adopti o n o f C i t y l a n d u s e ordinances which may, in fact, further l i m i t t h e h o r i z o n t a l expansion of the active fill area. The City also requests that the fill a r e a i n t h e n o r t h e a s t portion of the proposed expansion be l i m i t e d i n o r d e r t o protect a natural ravine which now ex i s t s . T h e p r o p o s e d expansion would have the ravine covere d w i t h a s m u c h a s 3 0 feet of fill material. This ravine provides natural drainage with a scenic amenity. 2. Time-Limited fxpansion: The City wishes t o h a v e a d a t e s t a t e d by which operation of the landfill wil l c e a s e . C u r r e n t landfill operations were schoduled to e n d i n 1 9 9 2 . L a n d u s e decisions were made based on that dAp w h i c h , i n l i g h t o f t h e the continued operation of the landfill , m a y h a v e b e e n l e s s than desirable. Closure by a certain d a t e w i l l a l l o w t h e City to plan public facilities and ser v i c e s w i t h g r e a t e r economy. It will also provide surroundi n g p r o p e r t y o w n e r s t o plan their interests in their properti e s w i t h g r e a t e r Mr. Dale Witre, Director Solid AHazardous Wastr 'i v i s i o n Minnesota Pollution Cool A g e n c y Page Two May 7, 1985 A seven-year life expectanc y f r o m t h e e x p a n s i o n i s e s t i m a t e d in the draft permit. The C i t y d e s i r e s t h a t 1 0 y e a r s b e t h e maximum during which the l a n d f i l l m a y o p e r a t e . 3. End-Use: The major ite m o f c o n c e r n t o t h e C i t y i s t h e regulation end-use. The M P C A r e q u i r e s t h a t t h e f i n a l c o v e r be at least two feet thick a n d g r a d e d t o a m i n i m u m s i x p e r cent slope (Part 11.C., p . 5 ) . P o r t i o n s o f t h e l a n d f i l l filled with waste "shall he l e f t a s o p e n s p a c e w i t h n o construction or artificial a p p l i c a t i o n o f w a s t e o c c u r r i n g on-site unless approved by t h e D i r e c t o r , " ( P a r t 11.1., p. 11). In its discussion in the Draft R e c o r d o f D e c i s i o n , t h e M P C A notes that an end use shou l d b e j o i n t l y e v a l u a t e d b y t h e C i t y and BF1/WSS to determine t h e b e s t i n t e r i m a n d l o n g - t e r m u s e s . However, "any end use must b e a p p r o v e d b y t h e M P C A , " a n d " A n y end use which will increas e t h e q u a n t i t i e s o f w a t e r e n t e r i n g the leachate cannot be acc e p t a b l e .... End use should not include sprinkling," (p. 4 ) . The City is concerned that the MPCA g i v e s o m e i n d i c a t i o n that recreation uses with p r o p e r d r a i n a g e c o n t r o l s w i l l b e considered. Language in th e d r a f t p e r m i t g i v e s t h e M P C A much discretion in approvin g a n y l a n d u s e o t h e r t h a n o p e n space. If such recreationa l u s e c o n s i d e r a t i o n s w e r e i n c l u d e d in the draft permit, then t h e r e q u i r e m e n t f o r a s i x p e r c e n t slope would need be condi t i o n e d t o r e f l e c t t h e e n d u s e approved by the MPCA Director. Specifically, the City and t h e a p p l i c a n t h a v e h a d d i s c u s s i o n s with a baseball/softball ath l e t i c c o m p l e x a s a n e n d u s e f o r • the site. Knowledge about a l t e r n a t i v e l a n d u s e s w h i c h t h e MPCA would consider desi r a b l e i f p r o p e r l y c o n t r o l l e d i s needed for the decision pro c e s s f o r t h e r e q u i r e d r e z o n i n g and Comprehensive Guide Pla n a m e n d m e n t o d i n a n c e s . The MPCA requirement of a min i m u m s i x p e r c e n t f i n a l g r a d e s l o p e makes most altternatives to o p e n s p a c e i n f e a s i b l e . The City has several item s r e l a t i n g t o t h e l a n d f i l l w h i c h e v i d e n t a l l y are not within the purview of the M P C A l a n d f i l l p e r m i t p r o c e s s . W e r e q u e s t a n d w o u l d appreciate your timely att e n t i o n t o t h e i s s u e s w e h a v e r a i s e d i n t h i s p e t i t i o n for a public hearing on th e l a n d f i l l e x p a n s i o n p e r m i t . W e w o u l d a l s o a s k i f Mf1CA intends to issue an expansion permit, that suc h i s s u a n c e b e w i t h h e l d u n t i l the City has resolved all i t s c o n c e r n s w i t h t h e o p e r a t o r s . Sincerely, - \ ( ( r Carl J. JOlie City ManaOr CJJ:jp cc: Roger Pauly, City Atto r n e y Chris Lneer, Director of Pl a n n i n g Doh Lasbert, Director of Con n i u n i t y S e r v i c e s Craig Dawson, Assistant to t h e C i t y M a n a g e r ' Public Notice No. 54-SW-162 Minnesota Pollution Control Agency Solid and Hazardous Waste Division 1935 west County Road 02 Roseville, Minnesota 55113-2785 7 May 1985 Raymond H. Rau 11973 Chosholm Lane Eden Prairie, Minnesota 55344 KNY 13 1985 As a resident of Orin Thompson's, second edition housing development which lies to the East and Southeast of and immediately adjacent to the Flying Cloud Landfill. The expansion permit being considered by the MPCA should not be granted for the following reasons. 1. The future liability to the residencial areas by BEI and WSS is inadequate, should potential harmful events occur. .The EIS only states that BEI and WSS have the responsibility to monitor such events for 20 years. Should such an event occur, in what year dollars will the residents of the area be compensated in. This has not been clarified by the EIS or in any of the conducted public meetings. Until it is resolved as to who shall be liable for the amount and the term of liability, no permit should be granted. The "Superfund" is totally inadequate to handle such potentially dangerous problem on an immediate basis, besides the fact that the fund is in deep financial trouble because of mismanagement. 2. The End Use Plan is inconsistant with the final capping of the landfill. The final capping will be approximately two feet of clay soil, a drainage network, topped by a porous material, and finally with top soil which will be graded to permit better drainage of surface water to a holding pond in the southeast corner of the landfill. The recreational area proposed will hold approximately. 600 vehicles. The capping of two feet of clay is totally inadequate to hold the concentrated weight of 600 vehicles. The weight of the vehicles will eventually damage the drainage system and fracture the final capping. 3. The final capping of the landfill is also inadequate for protection against perforation by rodents, such as gophers, woodchucks, badgers, etc. Once perforated, the surface water will have access to the dumped waste material which will perculate to the level of the drainage system and then be deposited in the holding pond. The holding pond drains into the Minnesota River Valley, contaminating not only the Minnesota River but also the Federal wildlife Area associated with the river in that area. 4. There no longer exists the need to expand the landfill. The plans are to initiate a recycling of materials during the next year, plus the waste materials are being asked for by private industries to make burn pellets, and the metropolitan burn sites are schuduled to come on line by 1990 which requires all the Page 1 !'"-- Public Notice No. 54-SW-162 combustible material presently being generate d . T h e e x p a n s i o n o f the landfill, in view of the resource recover y m e c h a n s i s m p l a n n e d on being implemented during the next four yea r s , o n l y a t t e m p t s t o impede implementation of such plans. 5. The permit should not be granted since all the a l t e r n a t e s t o expanding the landfill have not been exploite d . I t i s a p p a r e n t that resource recovery will be the wave of th e f u t u r e . I t w o u l d appear to me that the landfill could be close d b y 1 9 9 0 a t t h e latested, if acceptable terms were offered to B P I a n d W S S . T h e r e is no doubt that one of the terms to BFI and W S S w o u l d i n v o l v e some ,form of resource recovery action, perhaps in t h e w a y o f a transfer station or a waste separation facili t y . A t a l m o s t e v e r y meeting held on that landfill, BPI and WSS ha v e e x p r e s s e d t h e desired to get into the resource recovery bu s i n e s s . I c e r t a i n l y can understand their position, with extensive c a p i t o l e q u i p m e n t i n the form of trucks. It only makes sense to co n t i n u e f u l l u s e o f the trucks, not to continue dumping into the e x p a n d e d l a n d f i l l ; but rather, to feed a transfer station or a w a s t e s e p a r a t i o n facility. I don't believe the right offers h a v e b e e n m a d e t h a t a r e acceptable to all the parties concerned. 6. The expansion permit should not be granted si n c e t h e m e t h a n e control system which now exists along the West s i d e o f t h e p r e s e n t landfill is ineffective and has resulted in li g a t i o n b e t w e e n t h e Drive-In Theater and BFI along Highway 169. A s i m i l i a r s y s t e m i s being proposed along the South and East portio n o f t h e e x p a n s i o n . In addition, the East and North sides of the e x p a n s i o n a r e f u l l y exposed with no methane control system. The ha z a r d f r o m p o t e n t i a l dangers in the future to people has not been a d d r e s s e d b y t h e E I S , nor have the liabilities resulting from such p o t e n t i a l h a z a r d s been addressed. 7. The permit should not be granted since the dr a i n a g e s y s t e m which is being proposed is totally inadequate . T h e d r a i n a g e a s proposed will drain the entire landfill area i n t o a h o l d i n g p o n d to be located in the Southeast corner of the e x p a n d e d l a n d f i l l . This holding pond in totally inadequate to ha n d l e t h e s u r f a c e water on a heavy rain or spring melt of a hea v y s n o w c o v e r . T h i s doesn't even consider that water which will c o n s t a n t l y d r a i n i n t o the holding pond. The question was asked of B P I a n d W S S i f t h e pond's capacity becomes insufficient to hold t h e r u n o f f , w h a t becomes of the excess? The reply was that the d r a i n a g e s y s t e m i s already in place to drain this excess water d i r e c t l y i n t o t h e Minnesota River. The exact area where the pre s e n t a n d p r o p o s e d drainage is and will take place is also the a r e a o f t h e B u f f s which has been the most subjected to-erosion, d u m p i n g s i l t a n d pollutants directly into the river. With the f o r c e o f t h e h o l d i n g pond, and large excess of discharge of water that entire hillside could collapse and create a potentially haza r d o u s c o n d i t i o n t o humans and wildlife in the Minnesota River and N a t i o n a l W i l d l i f e Area. Those items have net been adequately add r e s s e d b y t h e E I S t o allow a permit for the expansion of the existi n g l a n d f i l l . B. The permit should not he granted on the ex p a n s i o n t o t h e existing landfill because of inadequate litte r c o n t r o l . T h e Page 2 g3lie Public Notice No. 54-SW-162 existing landfill has very inadequate litter control. E a c h t i m e the wind exeeds 25 miles per hour three to four square m i l e s d o w n wind are completely littered. Even though an effort is m a d e b y t h e landfill to retrieve such litter, its a totally imposs i b l e t a s k . It's not just the litter, but all the potentially harm f u l pollutants that are carried by this litter to which ch i l d r e n a n d adults are exposed to. As an example this past weekend , 0 5 - 0 4 - 8 5 , with the wind at 45 miles per hour out of the South, the e n t i r e North fence of the landfill looked like wash hung out to d r y . T h e small corn field, on the North side of County Rd. 1 alon g s i d e o f Prairie Dairy, contained thousands upon thousands of lit t e r pieces. This litter dispursion extended half way to Eden P r a i r i e Center. A distance of approximately two to three miles. O f a l l t h e methods presented for litter control, none will adequate l y c o n t r o l the litter any better than it is presently being contro l l e d , w h i c h is terrible. The EIS did not adequately address this is s u e t o allow the permit for an expanded landfill. Better metho d s a r e required. 9. The permit should not be granted to expand the existing landfill since the existing landfill contains hazardous w a s t e s from household containers which potentially contain her b i c i d e s , pesticides, used automotive oils, and other chemicals. F o r B F I a n d WES to flatly state no hazardous wastes Were dumped int o t h e landfill is an irresponsible and misleading statement. T h e expansion would provide additional opportunities for s u c h potentially dangerous waste to leach from the landfill t o c a u s e repairable damage to the surrouding enviroment, jeopar d i z i n g h u m a n and wildlife in that area for decades in the future. Page 3 j Minnesota Pollution Control Agency April 16, 1985 Mr. John D. Frane City Clerk City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Mr. Frane: This is an official request from the Minnesota Pollution Control Agency (MPCA) that you post in a public building the enclosed public information item. The MPCA has issued this notice to make the information available to interested parties. Thank you for your consideration. If there are questions regarding this notice or the MPCA policy for issuance, please contact Kenneth H. Podpeskar at 612/297-1786. Sincerely, z ", Rodney 174/ Massey, PLC. Chief, Regulatory Compliance Section Solid and Hazardous Waste Division REM/KHP:cj Enclosure PhOn0 ,..612/29771136 1935 WC:A County Ituffil ft', tiounva:,:, Minnuffi41:, 55113.2785 tietion,d otneur. • Duiffin DIA,ultio,ttut LaketAAffiututt.1311C110tiillf r4WION ,,,atuttyl.mploym “<:Uq* CJI 11'14.(;q_ We the undersigned mitt.. of Eden Prairie have lived through approximately twO years of :he Clo,d Lanorill approval process. We hove had to live with the and rear for c.r health and safety. In addition, se have lived through and 1,t:. at the future to possibly provide many cccv yesrs of the ecor,nic usterts:n1; of devaluation of our totes, to,/ of our neigh:lard have chosen or Lave i'msn ftrced to ntve at a sutsttntlal loss of their ftc equity whet this sane loss of cq,ity IV.LS not F.:*p:ned in the market as a whole. is that to hts:eh :a us? Over this derica we thee tresught up the same issues over and over (dust, litter, odor. etc.) fhe EL ad.:re:oda those :oases with the verhlge reduce, minimise and irrtot oad)tionally. Wo Co not detect the pcsittve statehents we've beon for soon as nova?. UrSC.IUIVIC17:47, attaLately not! Cot-tree L'—rs or the CO-n? stand tehind all the previous concerns that we t.u, at tn-r hu-,-ans no,t1-7, w. r:ve ',tended. We no longer root ' -r000ss it --e a.: up to air cur onetnai Is set Lo or en; suition down. l"herefare, Ce at,,cfantly do,and that the lllan Co.:hell deny the praNded exsannion or Flying Cloud Landfill and COfr ore th:s tier hart, that will cost vs, the neigh:ars, rdch Chhoo,s,try suffering or cc: up A just and mus“l..,u1 cC,:ansotlon for all th::e drftite:! Date CT?, , C-04, 11,4 • we the undersigned citizens of Fden Prairie have lived thro,gh apprCs:sately tud years Of the Flying Cici.d Landfill asprovtl prc-Pn^ Ce 'rave t.af. with the worry and fear for our h.hlth and safety. In ad:itioa. we 7,ve fl-rot thra,gt and Ion:: at the future to possiLly provide rams' rare years of t7, ctsn:ric uncertainty or devaluaticn of our hsnes. Many of cur reiora !as, chu-,, or bade t.en rarced to move at a suh:tsntlal Ica.: of their tote auto bus Cr equity has not ra:,:icer. In the rirWat a: a 14.o1C. Is tnat to tapper: to ue? Coo? this rerlod we have bresught up the tent iss-,- uvur and c.ur odor, eta.) :he r:,s hdfrenass thnoo honor, with ono vsntorc.ev and ir;r:ct accauldnally. We do no: delest the ... : . ta:17,:r.ts Isastrf ftr uuLh as novor, unnouividelly. alsolutdly hat: • • we the rmirhtors or the duhp stand tehini all the ;sre)in.a canc.rns thht sh have essm,uuod at the nunsr,:n putlie r,etihrs uc•h,.ve . rs :o•-, feel tee s..tlic ;recess is the net up to at- c:r -•-: up w :sr cur cofasitten coun. 'Innrefcre, , al,:drsohl! du - t-at ,...„71 Xotropclishh Cosh:all och; the props.,:d ex:chains of dirfate :,,otantial tine dont, trots CCV: us, I, .th ennocess,y serforing or set up a lust and meaningful ct,w,ha,ich for all those addraus 7"- I / ) 7; (./ • . i • ' " ! . . - 5-- / /' • . 4.;1,• , --;1' I 1 (., • 77-7- • ;1 I., • • „ „ L'2.c.i'; ., ,, , „- • ,,!...-e- ,,," ,--!, I ..1-- /,":... t•'''.. i::',/',/ 7,!:',:-.7. ,-1,,,, , , 4."-. • - •• n '.' --.. i -,, - . •‘.' .• 4 '•• ?) i S 4 ': 1 i / / 0-1 ••• • 4 • ,.. ,.. „....• I ._,.... J -• •••• .41-74- , ..... .- /7/ I \ 4...:-.,.. .47 1.-‘....... i iC•. i '1-'7, •-: - -. / •- 7> I ..-- ' • , ' . • „ .r., I- '7 -•- . . . > . n --- ... .• /. e.--/ •4- - i'4 1 '1''.1'- (l'i,', -. • • • . 1 . 4 I . • ' • •1:1- , IC. • ' / 71 / . • . - .4 . •• • , . ••• ' ,....,..,•'-••••• "•••• . / /... • •• , .,4" ...' • • • I'' / / ;... 14 i , -.. , '• C! -, .•-• 'F'l •,-.4 .' 7.7,, ' ' i f • i -'. ••••n n-•4.- • 1 . , • .. • ...'4... ...___ ,.__. •••••.' ' •• _. •• • .' •-•;',..'" -. •••• 4' ' e• /..7 ....• 4 n_....—•-•••,.. 4C-4•-••• .,--•• ••n•, ••••• ••n••• '-'. ' ' ' ---'-'--. I ' ... :- 7-2- '7 72--. ' .- ''' . ,..., I , ••-•-, C.,.. i T-,, ,, i "..-- -'"-.. ---- ... - 7.------- -- _,,,...... i • ---.-------••-• 7 • •.. •--) • ' '• ' • , — . , ,7.......,:, I ;" ::.__ 4 er / -'- ',/ ,'' ''.Z....cz..___ '----)..",,, ' - . . I _ .... 1 '.,... 72'" . I .,,, . , -. 4-• n . n -......,_ 1 .‘-.)-- .).'- / 1--L-... .......,._ -•...,---,-;.,..... -'•[. 2- /" i, 'IV! - C.' .r.,,,-7 ' ,. :. 4.-- 1 ....- ! t-''' I -':.:. :..- ' ' ..- - ; '•.,.',, ..i'''-'-':,--,'I _—} /1:1' i— ", I -., - r r• i !..-!!„ , — --, 414,J-fi':nil 7_1_, , ij,,,,,r , i •!.',1,--,1 I 1 _, I i r ,-; / / ; l ' i :..... - ., 1 )ii„,12.!,L..,(,,;t/....,//,: - 1 I I - ) (1-1 --/-t-=/"( i MEMORANDUM TO: Mayor and City Council, and Metropolitan Airports Commission FROM: Flying Cloud Airport Advisory Commission DATE: June 12, 1985 REGARDING: June 5, 1985 Memorandum • In reviewing their action of June 5, 1985, the Flying Cloud Airport Advisory Commission made the following additional findings: 1. Landfill operations attract a great number of sea pulls. These gulls, in addition to representing a hazard when flying through the Flying Cloud Airport airspace, will roost on the airport runways in cold weather. 2. The proposed change in landfill operation will (1) increase the size of the landfill and in all lilclihood result in an increase in sea gull numbers at the landfill, and (2) move the operation of the landfill closer to the approach pattern of the runway. Both of these changes will significantly increase the likelihood of damaging, possible calamitous bird strikes by aircraft using Flying Cloud Airport. Paul K. Bohr, of the FAA, wrote a strong letter against the proposed Minnesota Valley National Wildfife Refuge, because of the hazard to aircraft from the birds, from a refuge 2 miles away from the airport. Also, he notes, FM Guidance Order5200.5 states, that landfills should not be located closer than 10,000 feet from Flying Cloud Airport. The present operation of the landfill attracts great numbers of sea gulls that pose a safety hazard to aircraft using Flying Cloud Airport. FAA Order 5200.5 FAA Guidance Concerning Sanitary Landfills,on or near airports provides advice in the matter. It recommends atleast 10,000 feet separation between landfills and airports such as Flying Cloud Airport used by turbo-jet aircraft. Although there is no systematic recording of bird aircraft collisions, there are numerous records of sea gull/plane collisions. We are fortunate that none of the collisions have resulted in loss of life or aircraft. however, it is only a otter of time until one occurs. In November of 1983 a jet from Flying Cloud Airport had to make an emergency landing at Mold Chamberlin. The prdrosed expan:jon of the landfill greatly increases the changes of catastrophic collision as: 1. The increawd size will in all lifelihood increase the number of gulls. 2. lit new area of the landfill is much closer to the flight path of runbuys aR & 27L. 3. Tho length of operational time of the landfill is extended. MEMORANDUM TO: Mayor, City Council, and Metropolitan Airports Commission FROM: Flying Cloud Airport Advisory Commission DATE: June5, 1985 Meeting of the Flying Cloud Airport Advisory Commission REGARDING: Final Environmental Impact Statement-Flying Cloud Sanitary Landfill Expansion, and Concept and Development Stage Proposal for End Use of Landfill The Flying Cloud Airport Advisory Commission (FCAAC) has reviewed m a t e r i a l s submitted on the landfill expansion and the landfill's end use p l a n , a s t h e y relate to the operation of Flying Cloud Airport. At its June 5, 1985 meeting, the FCAAC made the following finding s : 1. Landfill operations attract birds. 2. Proposed berm and plantings will attract birds and allow them to stay near airport longer. 3. No berm or plantings should be permitted in Safety Zone A. 4. Expansion of landfill will produce high risk conditions for bird/plane strikes. 5. Bird/plane strikes have not been systematically recorded and therefore the problem was not adequately addressed in the EIS. 6. Measures todate,to control birds at the airport, have been marginal l y effective. 7. Landfill expansion is inconsistent with FAA 5200.5. The safety distance between landfills and airports is 10,000 feet, placement of this landfill expansion within 1,000 feet is too great a varian c e from the FAA Rule. 8. Blowing dust, sand, and debris, arc not compatible with aircraft operations. Todate,measures to contain dust, sand , and paper , within the landfill, have not been successful. 9. Until an end use plan is reviewed by PCA and City , and found feasible, FCAAC reserves comment on its compatibility with airport operatio n s . 10. No crash-fire-rescue facility exists at the airport to handle bir d / plane strikes. c6),CL Memorandum-June 5, 1935 page 2 Further Discission: In order to better analyze the bird/plane stri k e o c c u r a n c e s , t h e F C A A C requested Greg Fries, MAC, to telephone conta c t a i r p o r t u s e r s a n d r e q u e s t information. Compensation and liability for bird/plane stri k e s w e r e d i s c u s s e d . A l s o discussed was a reserve compensation for probl e m s a r i s i n g f r o m t h e landfill operations unknown todate. Motion: Frank Shafer moved, Clyde Lake seconded, to re c o m m e n d t o t h e C i t y C o u n c i l that the Flying Cloud Landfill not be expanded b e c a u s e o f t h e C o m m i s s i o n ' s Findings, listed 1-9, are incompatible with ai r p o r t o p e r a t i o n s . Motion passed unanimously. MEMORANDUM TO: FROM: DATE: SUBJECT: Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Community Services May 30, 1935 BFI Amended PUD Request Each Commission member has been provided a staff report prepared by Chris Enger, Director of Planning; Bob Lambert, Director of Community Services and Rick Rosow, from the City Attorneys Office. Also, included in the packet is a request for an amended PUB Concept Development Stage Proposal; End Use Concept Plan, submitted by Woodlake Sanitary Service, Inc. prepared by the Hoisington Group; a list of questions provided by the Planning Commission in April and the answers prepared by BFI, and a copy of the EIS. Fred Hoisington, Hoisington Group, Inc, will present the proposal for an amended PUB Concept and Development Stage Proposal. Rick Rosow, from the City Attorneys Office, will give a brief presentation regarding the legal aspects of the request and the Director of Community Services will summarize the staff review and recommendation. Chris Enger, City Planner, has been the main City staff person reviewing this proposal, the EIS, etc. and will be in attendance to answer any questions Commission members may have regarding the request. On May 28, 1985, the Planning Commission completed the review of the request and voted unanimous denial of all phases of the request. 13L:md Planninq Comnission Minutes 3 April 22, 1985 B. nrr AMFNDM Nip, by Wood take Sanitary Service, Inc. Request for Planned Una Uevolopmoot Concept Amondment for approximately 313 acres; rezoning of aporoxiLiately 14.44 acres in the Rural District to a district created specifically to allow the estahlishmmt of a temporary landfill no rezoninl to A district presently identified in the Zc,nind Code by amondiaq the permitted uo section of such district to allo4 the o.o.n .at kin et a temporary landfill; Development Stage Vlinnod Pnit flevolotssent approval for approximately 313 acres; and authorize an OTan!.i00 ol oroa to be used or sanitary landfill purpof,es irum wroximately 10).1 acres to approximately 148.9 Planning Commission Minutes 4 April 22, 1985 acres. Location: Southeast of Flying Cloud Driv e - I n T h e a t e r . A public hearing. Mr. Fred Hoisington, representing proponents, sta t e d t h a t a l m o s t e x a c t l y three years ago, the review of the Browning-Ferris I n d u s t r i e s ( D P I ) p r o j e c t had been at this exact same point in the City's rev i e w p r o c e s s . P r o p o s e d a t that time was a golf course as an end use for the s i t e . H e n o t e d t h a t j u s t prior to appearing before the Planning Commission, a n E n v i r o n m e n t a l I m p a c t Statement (EIS) had been required. That process fo r t h e E I S h a d t a k e n t h e past three years. The EIS had now been accepted , a n d t h e M e t r o p o l i t a n Council was now in the process of reviewing the p e r m i t a p p l i c a t i o n f o r continued operation of the landfill in Eden Prairi e . I t w a s e x p e c t e d t h a t , by the end of May, a resnonse would be ready on th e p e r m i t . M e a n w h i l e , t h e Pollution Control Agency permit request was also i n p r o c e s s . M r . H o i s i n g t o n pointed out that all of these things were being don e s i m u l t a n e o u s l y . Mr. Dick Nowlin, attorney for proponents, stated t h a t l a n d f i l l l a w i n relation to municipal authority was confusing. H e s t a t e d t h a t h e w a s unaware of any municipal landfill cases in the court s ; h o w e v e r , t h e r e w e r e many State Statutes controlling landfills. He s t a t e d t h a t i t w a s t h e position of BFI to take a defensive legal posture o n t h e s e i s s u e s . M r . Nowlin stated that, often, litigation is necessary i n t h e s e s i t u a t i o n s . H e added that, so far, DPI had not found it neces s a r y t o p r o c e e d w i t h litigation. Mr. Nowlin stated that their view of the legal stat u s o f t h e B F I l a n d f i l l was different from that of the City Attorney's. He s t a t e d t h a t i t w a s t h e i r desire to compromise and cooperate all the way throug h t h e p r o c e s s . Mr. Nowlin stated that in 1982, BPI had proposed a n a m e n d m e n t t o P l a n n e d Unit Development 070-1. That amondment requested th e e x p a n s i o n b y 7 0 a c r e s of the current landfill in Eden Prairie. Since tha t t i m e , M r . N o w l i n s a i d that City Staff had stated that rezoning of the pr o p e r t y w a s n e c e s s a r y . A revised application was then prepared by proponents . M r . N o w l i n s t a t e d t h a t this revised application asked for amendment of the P l a n n e d U n i t D e v e l o p m e n t Concept and a zoning amendment for 14 acres. He ad d e d t h a t , a l s o r e q u e s t e d was development stage authorization for the entire P l a n n e d U n i t D e v e l o p m e n t . Mr. Nowlin said that proponents wanted- to preserve o p t i o n s f o r t h e f u t u r e , maintaining there defensive posture. Mr. Nowlin stated the City Attorney had suggest e d r e z o n i n g o f t h e a r e a existing end the area proposed for expansion of t h e l a n d f i l l . H e s t a t e d that the City Attorney had suggested that a Co m p r e h e n s i v e G u i d e P l a n Amendment was also necessary. Mr. Nowlin stated th a t i t w a s t h e i r p o s i t i o n that the City should initiate these actions for the d e v e l o p m e n t . Mr. Nowlin stated that the area west of the section l i n e , w h i c h i s p r o p o s e d to he need for landfill, had been used as part of th e l a n d f i l l u s e s o f t h i s site. In other words, he said, that area west of th e s e c t i o n l i n o h a d b e e n used for storage of vehicles, and other such land f i l l u s e s . U p t o t h i s point in time, Mr. Nowlin stated that filling o f t h e l a n d h a d b e e n restricted to the "kettle area" but, their opinion w a s t h a t t h e e n t i r e a r e a hod received opproval as a landfill. The current application, in their opinion, Was for expansion of the landfilling. Mr. Nowlin staled that he Planning Commission Minutes 5 April 22, 1935 did not feel this was technically a rezoning. He stated that, like gravel mining, expansion is necessary for a continuation of such a use. Mr. Nowlin stated that lin would be happy to comply with the zoning required for the 14 acres and the rest of the area, adding that_ they did not agree with the requirement but that they would comply with it. Mr. Nowlin stated that, with respect to the status of the landfill expansion proposal, the EIS had been accepted in December, 1981. He added that it was his understanding that all necessary revie4s of the proposal were . required to be concurrent and that the City was to process its review at the same time the Pollution Control Agency was reviewing the permit request. He stated that the public hearing process for the Pollution Control Agency review of the permit had begun April 17, 1985. Mr. Nowlin stated that within the request for the permit through the Pollution Control Agency, all operational and design requirements had been verbalized. He stated that it noted the mitigative measures within the EIS and included essentially all of those measures as part of the restrictions on that permit which were found to provide an optimum condition for expansion of the landfill. Mr. Nowlin said that the Metropolitan Council would also be required to review and comment on the permit that was before the Pollution Control Agency prior to the final action by the Pollution Control Agency on the permit. Mr. Nowlin stated that there was pending legislation before the Minnesota State Legislature, which would make BEI subject to a review for a certificate of need. In addition, he stated that they were reviewing legislation for compensatory payment to property owners for potential devaluation of their property. Mr. Nowlin continued his presentation with a review of the executive summary of the Environmental Impact Statement. He stated that this expansion, if approved for the requested amount, would be the last expansion for this site. There would he no further application for expansion. Mr. Nowlin stated that there has been a question as to whether the total 5,600 acre feet of expansion would be necessary, considering advances being made in solid waste recovery at this time. Mr. Nowlin said that the Metropolitan Conncil had surmised that 8,500 acre feet would be all that was necessary until the year 2000 for the Metropolitan Area. He stated that even with resource recovery, there will be need for landfilling in the future. For example, he noted that pelletizing resulted in 30C residuals compared to landfilling the raw materials. As another example he stated that mass burning facilities would also result in residuals requiring landfilling, as well. Mn'. Nowlin stated that the landfill is projected to exist for another seven years beyond today. He noted that this projection was based on current volume as of It-01, increased at the rate of eight to ten per cent per year, whidi represents the period el dun' inn which H.?nnepin County predicts that it will have folly IL:voloi ,ed re ,r.ource recovery pines in operation. Mr. 111 i.ilii :1:11. :rem 111:15 to 1 ...;91 the landfill will be in operation likely at ils colreut levels, if not ioc•oased. Ho stated that proponents bit 11,n i have 011 lki1 01 dIrt impact reource recovery would have on the date of cloure lor till:, or any of the other eidh1 landfills in the Metropolitan Area. Mr. Nowlin noted that. the Anoka landlill would be closing in less Planning Commission Minutes 6 April 22, 1985 than one year, with the possible closure of one other landfill in Dakota County also within a year. He stated that it is difficult to precisely predict the date of closure for any landfill because of such factors. Mr. Fred Hoisington, planner for proponents, reviewed the plan documents submitted to the City. The first exhibit represented the "kettle area," which was in the process of being filled at this time. Mr. Hoisington pointed out the area east of the section line which was proposed for expansion. He also explained ownership for the surrounding properties. To the north was property owned by the Metropolitan Airports Commission within their Zone A; to the northeast there were scattered single family homes along Pioneer Trail and within the Hillsborough Addition; to the east was a 16-acre parcel which had been dedicated to the City by BF1 for Homeward Hills Park; to the east/southeast approximately 100 homes within the Bluffs West 2nd Addition were shown adjacent to the site, along with a tier of lots which had been purchased by BFI as a buffer area between the existing homes and the landfill itself; and to the south, with severe drop shown, was the Minnesota River Bluffs area. Mr. Hoisington pointed out that utilities existed up to the southeast boundary of the BF1 property within the Bluffs West 2nd Addition. He then presented the second exhibit, indicating that eventually, old Riverview Road would be developed as a trail for part of the parks system of the City. Mr. Hoisington stated that, with respect to traffic, County Road #1 had recently been realigned and was now a safer road. He added that improvements to Highway #169 both east and west of its intersection with County Road #1 had been made as well. Mr. Hoisington stated that Highway #169 currently carries between 16,000 and 17,000 vehicles per day, with a capacity of 24,000 vehicles per day. He added that, when improved up to the Eden Prairie Center area in 1990, Highway 1/169 would have a capacity of up to 40,000 vehicles per day with projected volumes by 1990 at 20,000 vehicles per day. Mr. Hoisington stated that the landfill vehicles represented approximately five per cent of the current trips along Highway #169. He stated that, given the expansion proposed, the vehicles per day represented by the landfill would not exceed fourteen per cent of the total traffic volumes for Highway #169. With respect to County Road #1 traffic volumes, Mr. Hoisington stated that currently, County. Pond #1 carries approximately 3,800 vehicles east of Highway #169 and approximately 4,950 vehicles west of Highway 169, with a capacity of 5,600 vehicles per day. He added that County Road #1 provided for approximately two per cent of the access to the landfill. Mr. Hoisington presented Exhibit A, representing the zoning district boundaries or the 1 -2 Park operations for BFI and the area within Planned Unit Develor.1.11t #70-1, approved in 1970. He said that uses approved within the Planned Unit It.,volo ,.11wmt included tiw 1-2 Park and Park Open Space areas. Mr. Hokinit,,o pointed out that liii Comprehensive Guide Plan of the City showed ':,uhstantial area along fligli ,..!ay ;jilt-A designated for industrial use and that the relinder of th2 area ear classificd as Undesignated by the Cexiy:hiinc viz hi lie Plan. He stated thit proponents were proposing to reduce Inc size of the area guided as Industrial with their revised plans. Mr. Hoisington presented Exhibit E, showing the area approved in 1970 to be 1.7,_ Planning Commission Minutes 7 April 22, 1985 filled to an elevation of 915'over a total of 107 acres. He then presented Exhibit G representing drainage for the entire property. Mr. Hoisington pointed out that this was not drainage from the landfill itself, rather it was showing surface drainage for areas on the periphery of the area used for fill on the site. HQ pointed out that the drainage system picked up water from the surface of the landfill's property and brought it to the point of the pond at which point it would filter through the soils and eventually end Up in the Minnesota River. Mr. Hoisington reiterated that this was for surface drainage only. Exhibit F, the proposed end land use plan, consisted of four components which Mr. Hoisinoton explained to be 1) Industrial use on the west; 2) Park Open Space athletic fields in the center; 3) residential components to the east/southeast; and 4) the Bluff area. These were proposed as the end uses of the property. Mr. Hoisinoton stated that in 1982, 25 to 26 acres of the BFI property was shown for industrial uses. He stated that this area was currently occupied and that 33 additional acres of industrial development on the BFI parcel, plus an additional 19 acres on the Flying Cloud Drive-In site were proposed. This would be a total of 52 acres of additional use for industrial along the west side of the BEI property, which was less than the amount which was approved by a Planned Unit Development 70-1 in 1970. Mr. Hoisington stated that, to the east, low Density Residential, or cluster type housing, would be the end use. He stated that the proponents would continue to work with Staff on this. He added that the Bluff area would be preserved. Regarding the athletic complex, Mr. Hoisington stated that proponents would continue to work with Staff to determine the needs of the City for athletics in this area after 1990. He stated that this could potentially be the third and last major athletic complex in Eden Prairie. Mr. Hoisington said that the northeast area of the proposed open space/athletic field area was still under consideration and the proponents would continue to work with the City for this final use. Regarding the center of the athletic complex, Mr. Hoisington stated that eight softball fields were proposed, with supporting parking area to hold from 350 to 500 cars. In addition, three to four soccer/football fields and a hardball/baseball field were proposed. He stated that it would be necessary to have grades of one and one-half per cent on the fields and steeper slopes in between the feelds to bring the site to a minimum six per cent aggregate grade. Mr. Hoisington said that the ballfields would have a top layer of granular material, which would be located on top of the cap of the landfill. Ibis type of soil on top of the landfill would allow for irrigation. Mr. floisington stated that an overlook park would be located in the southeast portion of the athletic complex. Mr. Hoisington stated that Exhibit H represented the phasing plan of the landfall, which was slightly complicated as three events would be taking place al one time. These events included excavation to make way for area to be filled, actual waste fit lint, and manipulation of the cover material. Mr. Hoisington stated that Phase I would include the construction of a berm 15 feet in hoioht within four ,.noritk, of the extension of the permit for the landfill. This h-ria would bo landscaped. Also included would be extension of Silverwood Price. Mr. Haisinaten stated that completion of Phase I of the landfill would take place at the earliest possible date. He noted that femo e7; Planning Commission Minutes 8 April 22, 1935 this area was within 20 feet of the proposed completed grade at this time. He stated that closure would take place from the southeast towards the northwest. Mr. Hoisington stated that Phase II would include construction of the athletic coisplex in approximately 1992, and that Phase III would be completion of the remainder of the proposed end uses in 1995, or thereafter. Mr. Hoisington then presented Exhibit J. It showed areas most susceptible to views of the landfill, which included areas in the Hillsborough neighborhood and the Bluffs West 2nd Addition neighborhood. He pointed out that it was not necessarily a large difference in elevations between the neighborhoods and the landfill, but the long views from the subdivisions to the landfill. He stated that the northeast and southeast portions of the berm would be landscaped in critical areas to screen the view of the subdivisions from the landfill area itself. Mr. Hoisington returned to Exhibit F, dealing with the roadway through the property. He pointed out that the proposed current means of access at Silverwood Drive around the landfill would be located on the perimeter of the athletic field complex. An alternative alignment was also shown. Mr. Hoisington said that, as a result of the suggestion of the EIS, the 15- foot high berm and planting materials would be constructed prior to the final closing of the landfill operations at the facility. Proponents were proposing a litter control fence of 15 feet in height and, if necessary, two fences, depending on whichever would be more effective. They had purchased 40 lots in the Bluffs West 2nd Addition in an effort to create a 1,000-foot deep separation between the expansion area and the nearest home. Mr. Hoisington said that proponents had addressed, and were in the process of considering, free, or protected, left-turn lanes into the landfill site, which would reduce accidents. He added that noise mitigation measures would be taken, hdiich included the construction of the berm and that Pollution Control Agency standards would be met for noise. Planner Unger stated that, in contrast to the land use designation represented by the proponent's plans, the City's Comprehensive Guide Plan depicted the area in the east section of the landfill expansion area as Public, Open Space, Flood Plain, or Park.. In addition, the Comprehensive Guide Plan of the City depicted the specific uses in the category proponents' described as "Dodesignated" to include Low Density Residential. Planner Unger stated that no abbreviations were shown on the Comprehensive Guide Plan map for Low Density Residential because this single land use represented the largest land use category within the City of Eden Prairie. He stated that it should he clear that the Comprehensive Guide Plan does not -indicate that there is no plan for those areas covered by the category entitled "endesignated, ow Density Residential.° The Comprehensive Guide Plan delineated these areas as future (development for Low Density Residential. Planner Faiger stated that the "Undesignated" category was intended taw areas shown between ditferent, but adjacent land uses, such as roadways, Cr topographic tweaks, and in no way was intended to to mean that the City had no plans for the final land uses of those areas of the Cowrehensive Guide Plan. Marbola asked if Staff would he preparing a report evaluating this proposal. Planner tiger stated that none had been prepared at this time. However, the / . Planning Commission Minutes 9 April 22,, 1985 Planning Commission could expect one in the future. Marhula stated that, when this project was presented to the City approximately three years ago, the City had employed the assistance of a consultant, who was expert in landfill operations. He asked if the City still used this consultant. Planner Enger responded that Donohue and Associates was still available to the City, if so desired. Marhula asked if they had had any input into the EIS. Planner Enger responded that had. Marhola noted that the Executive Summary from the EIS indicated that there were five existing landfills in, or near, the Flying Cloud service area. He asked what area the Flying Cloud service area encompassed. Mr. Nowlin responded t.iiat the other landfills included two landfills in Dakota County, . one in lever Grove Heights, one in Medina, and one in the Anoka-Ramsey area. There was one located also in the Louisville area in the southwest portion of the Metropolitan Area. Marhula stated that in reading the Executive Summary of the EIS, several questions were raised. He stated that decisions on the end land use were based on the expanded landfill. He stated that he felt that the expansion had potential for impact on the future land uses and that this was one of the reasons he understood the EIS had been required. Marhula stated that he 'felt some of these potential problems as raised in the EIS may still require explanation. He listed areas of concern to include leachate, escape of methane gas from the landfill, potential impact upon Grass Lake, and mitigative measures for all of these items. Marhula questioned whether the mitigative measures proposed would, or would not, be adequate for protection of the City in the future. Marhula stated that he felt these would be some of the questions he would like to have answers to prior to acting on proponent's request. Marhula stated that he was surprised that there was a difference of opinion as to what was allowed within the 1970 Planned Unit Development. He stated that he was curious about the difference between landfilling versus landfill operations. Marhola continued stating that the 1970 plan had a grading plan which would have identified areas to be disturbed, filled, etc., therefore, there should he no discrepency on this matter of how much land was approved for what uses. Regarding end land use, Marhula stated that he questioned whether the City would want to provide for access to a major athletic facility through a residential neichhorhood, which would be the case based on the plans shown by the proponents. Hallett asktAl why the proponents were suggesting a change from the orioinally proposed golf course to an athletic field. Mr. Hoisington respoml:,d test. he telt the City had expressed a lack of interest in a golf course in this area. Direction ;rem the 0..olunity Services Dopartront and Parks, Roc! ana ititisial Resources Cm -lission was for a greater need for athletic fields tlfai u golf course in this area. Hallett stsuteh that ho had nntod the parking for the proposed athletic fields indic.lted tor cuss was shntm al the ond of a cul -de -sac to ono side of the athletic field complex. He stated that this would result in 500 -) Planning Comission Minutes 10 April 22,.1995 cars going in (Joe way and 500 cars going out the same way all at one time. Mr. Hoisington responded that not all the vehicles would be moving at one time. Hallett sneeested that alternatives should be developed to eliminate this possible traffic problem. Hallett asked when this project was to have been completed. Mr. Nowlin responded that the application submitted in 1970 authorized fill in this "kettle area" and that it was anticipated at that time that the landfilling would be done within approximately ten to twelve. years. He stated that there was a period of time consisting of approximately three years during which the landfill was not used at all for lack of business. In addition, Mr. Nowlin stated that burning of garbage was still allowed for a period of that time that the landfill was open; therefore, the landfill was not used . as much as it is now. Mr. Nowlin continued, stating that in 1973 a statement was made again that the landfill would be closed in two to five years, based upon estimates made at that time. He stated that the capacity authorized for landfilling previously is now at its -peak and that the proponents were now requesting expansion. Hallett asked how much longer it would be before ball diamonds would show up on the property. He noted that it would be difficult, based on the uncertain estimates of proponents to determine when this would take place. Mr. Hoisington responded that the closure of the landfill could take place as early as 1092, within five to seven years. Mr. Hoisington added that closure of the southwest portion of the landfill was soon to be at final grade. There would be surcharging and final grading taking place in this area soon. Mr. Nowlin stated that the proponents would be willing to commit to those dates of completion for the first phase. However, he stated that the proponents would not be able to commit to an end date for the entire site's closure. Hallett stated that page seven of the Executive Summary pointed out that mitigative measures would be taken to alleviate many of the matters of concern over the landfill. He stated that he would be interested in the Staff's opinion of these proposed measures. Chairman Schuck stated that he, too, felt Staff should have an opportunity to provide the Planning Cominisison with recommendations regarding the proposed mitigative measures. He added that he felt it was proponent's responsibility to cut down some of the options for these mitigative measures. Chairman Schuck added that ho felt it was not mainly incumbent upon Staff to sort out the altarnatives and mAe these decisions, but that the Preeonents needed to provide more definitive information regarding the mitigttivo measures. Cat-the' stated that she was interested in the liability question for the landfill. She asked if a bond currently posted for the closure of the landfill was. adeeitate. She ashed propooents directly what would happen when they moved out of tho landfill and whether they would be required to continee to carry insurance tor any potential problems. Mr. Nowlin resfeeded that. thee teitih; be required to aohtinet insueance. He stated that Bri well esiotinot to oen the 1.:11,1 t e l be exposed to liability and that they would colltint to iusuro tho molimirty. Y,r. Nowlin stated that the City would also be covered trimbir tho Minnesota State Supor fund laws, adding that Planning Commission Minutes 11 April 22, 1985 the Minnesota Legislature was currently dealing with such landfill laws. He stated that the Legislature was doing everything it could to make sure there was a "deep pocket" for liability protection. Marhula stated that he felt the question of a time frame based upon the time when the permit was first issued was of great importance. He asked if a certain volume of acre-feet of disposal on this site had been approved initially. Mr. Nowlin responded that this was not the case and, in fact, this was the area of discrepancy—quantity of landfill. Mr. Nowlin stated that, when the Pollution Control Agency in issued permits, nothing had ever been stated about capacity in acre-feet. He stated that it was typical to have landfillinq authorized according to a certain location only. Mr. Nowlin continued stating that Hanson and Greely, the engineers employed by BFI in 1970, had made a calculation as to what it would take to fill the "kettle area." He stated that no square footage, or number of acre feet had been established. Mr. Nowlin stated that this was the best concept of "good engineering" at that time to submit plans and cross-sections, only. Marhula asked what specifically had precipitated application to the Pollution Control Agency three years ago for expansion and continuation of the operation of the landfill. Mr. Nowlin responded that it was specifically the question of what was the "permitted capacity" at that time. He stated that in discussions with the Pollution Control Agency, it had been determined that there was uncertainty as to the capacity and the potential impact on the future operation of the landfill. The Pollution Control Agency determined that the landfill had a capacity of 5,200-acre feet based upon the 1970 Hanson-Greely report, in addition to use of the rim area for fill. Marhula stated that it was his impression that in fact the amount of material that was placed in the landfill was placed in excess of what was permitted and that BEI was operating in violation for some period of time. Mr. Nowlin responded that the Pollution Control Agency did not allow operation without a permit, and that the Pollution Control Agency did not have finite numbers for capacity from 1972 to 1982. Johannes stated that he took exception to Mr. Nowlin's comments in terms of closing dates. He stated that up until less than one year before the 1982 application for Planned Unit Development amendment, the closing date had been proposed for 1932. Johannes stated that he felt that the "kettle area" had been expanded by Bfl beyond its original size. Johannes questioned why the City, other than for legal reasons, was being required to review this plan at this tiele. He pointed out that the fletTopolitan Ccuncil was set to rule on whether the plan was acceptable, or not, in the manner proposed. Johannes added that, in terms of overall end use, questions regarding this should he addressed to the Parks, Reereation, and Uteral Resources Commission and its deal with that Commission's rocesndations rogarding the needs of the City in the future. Planner stated t'llat the end land use plan with a primary component athletic fifld v.,as one ot those proposals iii rim ;iimuld he roviowed at the same time by flu arts, ccroAion, and Natural Resources Coiamission, or with dialogue hack and forth hetwen time Parks. RecrQation, and Natural Resources Comlission and the Planning Cad:.tission. it stated that it. may be valuable to ohtdin their reeonafendutions in tundem with those of the Planning Commission. Planning Commission Minutes 12 April 22, 1985 Mr. Rick Rosow from the City Attorney's office, in response to why the City was looking at this now, responded that State law required that any agency identified within the CIS as one needing to make a decision on the project must make final those daeisions for all permits and actions required by a certain time. He stated that the City had been identified as an agency needing to make a decision on this matter. Johannes stated that he felt it was possible that the Metropolitan Council could turn down the proposal of BFI and that there were likely higher and better uses for this site. Planner Enger stated that the Pollution Control Agency, in the draft permit, maintained that it has final authority over the end uses because of its concern about the "cap" of the landfill. The Pollution Control Agency did not want to have an increase in the filtration of water through this cap. A golf course was no longer proposed because a golf course requires watering and watering causes infiltration and potential leachate problems. Mr. Nowlin stated that the Metropolitan Council would have its decision by May 30, 1985. He stated that one of the reasons the proponents were before the Commission was to begin the long process of review required by the EIS. Johannes noted that the surcharging was proposed at a final elevation of 923. He asked what elevation the property would be after the surcharge had settled. Mr. Nowlin responded that it would be necessary to have an engineer determine this. He stated that it would depend upon what was being surcharged and Oat materials were used for surcharging. Johannes stated that he felt this information would be important to the Planning Commission's review of this project. He added that he felt more of this type of information was necessary before the Planning Commission could make a recommendation. Johannes added that he felt it would be hard to predict the Parks and Recreation needs of the City for 1992, if the closure date of the landfill would he postponed. He stated that he agreed with the concern regerdieg liability and wanted more information on the compensation issue and laws covering this issue. Johannes stated that he felt there needed to be a greater "comfort level" on the part of the City from the standpoint of when BFI would leave the landfill and the City would be left with the problems. He noted that it appeared that the road was located through more stable soils. He questioned whether the parking area should also be located on stable soils and asked for more information about maintenance of the athletic field area. Mr. Hoisington responded that there would be a gravel road through the parking lots for sow time. If the road were to be relocated to the alternative alignment, Mr. Hoisington stated that it would need to be gravel as well. He added that sooner or later, the entire area would be able to be surfaced. Hallett asked about the indemnity payment referred to for homeowners whose value had decreased because of the landfill. Mr. Nowlin stated that the Minnesola legislature wee dealing with this issue at this time. He added that BfI was nit proposing to do this at this time. Mr. Dan Malone, 12139 Chesholm, Blaine, stated thet he appreciated the concerns of the Commissioo and lied several others including: land uso!, which were in contrast to City plans; noise generated from the landi ill, which, in Planning Commission Minutes 13 April 22, 1985 his opinion, would likely be worse as the landfill operations came closer and closer to the residential areas; the closing date of the entire landfill, which, according to current patterns, may end up being after the turn of the century. Mr. William Henak, 1?235 Oxboro Drive, stated that he felt the fill proposal should be more caanplete, given the time element. He asked what was happening with the water that would be draining through the landfill itself and water which fell on the landfill areas during open periods prior to daily coverage of the garbage. Mr. Hanek stated that just because the mitigative measures had been proposed, there were no guarantees that all potential health problems had been solved. He asked if there would be a • problem from such things as lighting standards puncturing the cap of the landfill and allowing the water to drain through to the landfilled area given the fact that the watering of golf courses had been considered inappropriate landfill use based on water filtration. Mr. Hanek also questioned how the City could determine the amount of the bond would be adequate to support any problems from the landfill in the future. He asked what would happen if BEI filed bankruptcy, for example. Mr. John Klein, 1495 Lone Oak Road, Eagan, stated that the Flying Cloud Drive-In was in the process of litigation with OFT at this time. He stated that he had recently read that athletic fields as an end use for landfill property were being abandoned because of health problems. He stated that he felt the City should look into this matter and should have a back-up plan available for any health related problems resulting from the landfilling of this area. He added that he felt just because the EIS had been completed, it should not be assumed that the problems for this type of project were over. Mr. Hoisington stated that proponents would be willing to hold special meetings if that would help. Chairman Schuck stated that he felt strongly that there was need for more detailed information on the project. Johannes asked if it would be possible for a scale model of the landfill to be prepared. He stated that often, when such models were presented, projects were more easily understood. Chairman Schuck stated that he felt it was necessary for not only the City, hut especially the proponents to work toward making sense out of this request. He told proponents that they should take a leadership position in providing adequate information to Commission for review. Hallett stated that he felt a tighter guarantee of the ending or closure date of the landfill would be beneficial. MOTI .ON; Motion waa !aide. by jahannes, seconded by Gartner, to continue this item to the in ?H, ldwb, !ipecial Heating of the Planning Commission. Motion carried--6-0-0 B. BFI Amended Plan Refer to memo dated May 30, 1985 from Bob Lambert, Director of Community Services and memo dated May 23, 1985 from City staff. Lambert introduced Mr. Fred Hoisington representing Woodlake Sanitary Service. They are requesting a POD amendment to increase the size of the PUD from 225 to 312 acres which includes an expansion of the area used for sanitary landfill from 107 acres to 149 acres and modifying the location and amount of land designated for industrial end use, reducing the amount of land designated for residential use; a zoning amendment for a portion of the landfill expansion area east of the POD and Development Stage PUB approval for the entire landfill. Mr. Hoisington reported that the EIS was done in 1982. The subject property is located west of Highway 169, north of County Road 1, east of Homeward Hills and south of the Minnesota River. The airport is located vest of Flying Cloud Drive and two zones are located to the north. Zone A cannot be used for much other than agriculture and Zone 11 is not entirely owned by MAC. The nearest homes are located within 1,500 to 2,000 feet of the site. There are 100 homes located in the Bluffs West 2nd Addition. Boisington said there is some disagreement over whether their plan 'agrees with the City's guide plan. They are in the process of consitiering which end use plan to construct in 1990-1995. Lambert UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 3, 1985 -6 - said staff is concerned with the traffic in the area and feels and there should be two accesses for Bluffs West 2nd Addition and the athletic complex. Staff also requested more athletic fields than shown on the plan (as many as eight softball fields, one baseball field, three or four soccer fields). Hoisington said that grading is very important to keep water off. The slopes for drainage are from 5-6%. However, there will be some problems in lighting the fields or using irrigation. Baker asked if there are trails located in the bluff area. Hoisington said no. There will be construction of a 15' berm on the cast side within four months of approval. Hoisington reviewed the landscape plans for the site. Hoisington mentioned that several recreation facilities have been built on landfill sites including a golf course in Englewood, Colorado. He added that there is about a 10% settlement usually occurring within the first ten years. Kingrey asked what type of vegetation would be used on the berms and whether it would be maintained. Hoisington replied that plantings up to 17 feet high would be added on the northern edge of the site and from four feet to 12 feet high plantings added at the center. The plantings would consist of blackhill spruce, several types of pine, pea shrub, etc. Kingrey asked if they would contract for an ongoing maintenance program. Hoisington said yes. Cook asked why the 150 foot scenic drive proposed in 1970 has not been mentioned. floisington roplicd that this was a Brauer concept and when the planned location of Highway 169 was moved, the plan changed. Enger said the City is asking for a substitute of a scenic overlook along the bluffs. Rossow said that City staff met with the PCA and BFI's attorney on Monday morning. The site will be left as open space unless otherwise decided by the director. The City does not have any assurance that the proposal offered by BFI can be done. Rossow added that even though the proposal is not within the Metro Council's plan, they will approve it. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 3, 1985 -7 - Hoisington said BFI would like to cooperate with the City and stated that instead of the proposed plan, prairie grass only could be planted, as the City did not go along with the original plan to place a golf course on this site. Cook commented that he supports the complex shown on the site plan if it can be accomplished. Lambert reported that he has visited several landfill sites that have been developed. In Omaha, a ballfield has been placed on a shallow landfill site, including lights and irrigation. The outfields are playable. There have also been highrise buildings built on landfills in the Chicago area. Lambert asked if BEI is proposing to develop this site and turn it over to the City. Hoisington said he did not know about plans to turn it over to the City, but that there will be a shared responsibility between the developer and the City to do something regarding roadway connections and development of the site. Lambert asked if this proposal is approved by the City and the PCA will not approve it, can the City go back to the golf course idea instead of just planting prairie grass on the site. Hoisington said it is not likely that a golf course would be one of the options, but there are several other possibilities. Gonyea asked how long it will be until the landfill is at maximum capacity approved to date. Hoisington said that it could be at capacity this summer leaving a ravine on the site. Gonyea asked what would happen if the proposal does not get approved. Enger said that the permit was extended in 1982. If the landfill were closed, the ravine would be on the east side of the site which he feels could have some advantages. Lambert asked if there are any plans to mine the methane that is emitted or if a collection system was proposed. Hoisington said he was not aware of any plans to capture the methane. Canyon commented that he knows of some sewage plants which use this method. Kingrey said he does not understand about the collection of methane. Hoisity,ton said methane is active on the west end of the site with a flame. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 3, 1985 -8- Cook referred to the statement in the staff report about the problem piston type aircraft would have when a landfill is located within 5000 feet of a runway. Hoisington said there will be two different time frames and there should not be a problem. Kingrey said he has a concern with not knowing what PCA's feelings are concerning this proposal and did eot know how the Commission could take action without having more information available. Lambert said the staff recommendation is to deny the request for the following reasons: the request is not in compliance with the comprehensive guide plan, the request is not in compliance with current zoeing, no request has been received for zoning district amendment covering the proper area, no request for comprehensive guide plan amendment has been made, the request is an incompatible and use with adjacent residential areas, the request is not in compliance with the Metropolitan Council Solid Uaste Management Development Guide/Policy Plan since no new capacity is needed in Hennepin County for mixed municipal waste and no capacity is needed for landfilling of residuals in Hennepin County until 1991, the proposal cteates the potential for environmental impacts on air, water, vegetation, wildlife and surrounding land use, the proposed final cover plan is not in conformance vith suggestions made in the EIS or PCA Draft Permit and no final grading plan has been submitted which will make the proposed second use feasible. Lambert said he strongly supports the end use plan, but will not recommend approval it until we know it will work and be approved by PCA. . Kingrey said before making a decision on the proposal, members of the Commission should be reminded about their responsibility, particulary in dealing with numbers 9 and 10. Enger added that even after approval of the concept plan, BEI would have to apply for a comprehensive guide plan and zoning request. Baker said that other than approving the hallfield complex, he feels this subject goes beyond the responsibility of the Parks and Recreation Cow7ission. Lambert disagreed and pointed out the natural resources responsibilities the Commission has in regard to water quality, air quality, etc. MOTPD: Kingrey moved to recommend denial of the BFI request until if.me as numbers 1-10 are in compliance and are concluded to he vi thin the best interests of the City of Eden Prairie. Cook seconded the motion and it pdesed 6-0. Agenda item III. A. Re-Zoning Agreement - City of Eden Prairie and International Disposal Corporation of Minnesota, Inc. (a subsidiary of Browning Ferris Industries, Inc.) Dated: April 23, 1974 5 pages Agenda item III. A. Potential Bird-Strike Hazards at Flying Cloud Airport Wildlife Resource Assistant - U.S. Fish& Wildlife Service St. Paul, Minnesota August 1979 11 pages Agenda item III. A. Department of Transportation Federal Aviation Administration Subj: FAA Guidance Concerning Sanitary Landfills On or Near Airports Dated: 10-16-74 3 pages A 1 / Agenda item III. A. Public Notice of the Application for a Permit Transfer of a Solid Waste Disposal Facility Dated April 18, 1985 17 pages + 7 pages of Draft Record of Decision Agenda item III. A. Comments on Permit for Construction of the Expansion of Flying Cloud Landfill in Eden Prairie, Minnesota by GME Consultants, Inc. Dated: March 29, 1985 (from Hennepin County's file on the landfill) 14 pages Agenda item III. A. Flying Cloud Sanitary Landfill - Review Notes (from Hennepin County's file on the landfill) 11 pages Agenda item III. A. Inter-office memorandum of the Staff of the Metropolitan Council (to: Bly from: Leonard-Mayer) Dated: February 14, 1985 8 pages Agenda item III. A. Final Version of the Solid Waste Policy Plan May 9, 1985 Metropolitan Council 118 pages Agenda item III. A. Final Environmental Impact Statement Flying Cloud Sanitary Landfill Expansion Metropolitan Council of the Twin Cities Area October 1984 Publication No. 12-84-118 416 pages JV' CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #85-151 • RESOLUTION APPROVING THE PRELIMINARY PLAT OF HERZOG ADDITION FOR K.P. PROPERTIES RE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Herzog Addition, for K.P. Properties, dated May 7, 1985, consisting of 5.35 acres into ten single family lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 18th day of June, 1985. Gary D. Peterson, Mayor ATTEST: John O. rrane, City Clerk I I I STAFF REPORT TO: FROM: YIWBOH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: Planning Comnission Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning May 24, 1985 Herzog Addition East of Duck Lake Road, South of South Shore Lane K.P. Properties Alphonse Herzog Zoning District Change from R1-22 to R1-13.5 on 5.35 acres and Preliminary Plat of 5.35 acres into ten single family lots. Background The Comprehensive (;uide Plan depicts a Low Density Residential use for this site, for up to 2.5 units per acre. The current zoning is R1-22. The site is bordered on the north and east by Prairie Shores sub- division (R1-22), on the south by the Chicago, Milwaukee, St. Paul & Pacific Railroad, and on the west by undeveloped land and the Prairie View Elementary School. Duck Lake lies 400 feet to the north of the property, with a portion of the Prairie Shores sudivision separating the two. Since there are no abutting lots to the lake, minivmm size lots required by shoreland ordinance do not apply. The site is characterized by a gently sloping topography from the - 0 north to south, with slopes - 1! vnerally under 6%. Vegetation is limited to a stand of mature evergreen trees along the property's east hothalry. There is an existing house on the site, which the proponent indicates will remain in the subdivision. idt4 PROPOSED SITE ----- -e ."----e ' • — ---','," \ • xiii 1 I ..P-PE.-- A La r' "7 "n1 MAP ' L..... ,n: . i , ' . 3J1 -1, ,..?* II %.. t ' - Herzog Addition 2 May 24, 1985 Preliminary Plat The proposed development is situated within Tract A, R.L.S. #714, and O u t l e t 1 , Prairie Shores. Before Prairie Shores was developed, Tract B, of R . L . S . # 7 1 4 , a farm occupied the site, used Outlet 1 as the access. When Prairie S h o r e s w a s platted, Outlet 1 was left undisturbed. According to County propert y t a x r e c o r d s , this outlet is listed as City property. Mr. Herzog has indicated that h e h o l d s a Certificate of Title, which includes Tract A, R.L.S. .#714 and Outlet 1 , P r a i r i e Shores. If it is determined that the City owns the property, the prop o n e n t c o u l d either purchase the property from the City or revise the preliminary plat t o e x c l u d e this outlet. This issue should be resolved prior to Council review. Ten, R1-13.5 lots, are proposed on 5.35 acres, which includes road ri g h t - o f - w a y , with a gross density of 1.87 units per acre, and a net density of 2.0 8 u n i t s p e r acre based on 4.79 acres of developable land. The Prairie Shores subdi v i s i o n i s a t a density of approximately 1.6 units per acre. Lots within the proposed subdivision vary in size from 14,200 square f e e t t o 2 6 , 4 0 0 square feet, with an average lot size of 19,250 square feet. All lo t f r o n t a g e s exceed the new established minimum of 85 feet for the R1-13.5 Distric t . F r o n t a g e s for Lots 1-3 coincide in width to the adjacent lot frontages of the Pr a i r i e S h o r e s subdivision to the north. Lots 1, 6, and 7, abut the Prairie Shores su b d i v i s i o n t o the east. A mature stand of evergreens acts as a natural buffer bet w e e n t h e t w o subdivisions. City Code requires any lot abutting a railroad track to have a minimum l o t d e p t h o f 150 feet. Lot 10 does not meet this requirement. The basis behind th i s o r d i n a n c e is to provide additional space between a house and a railroad track. B a s e d o n a 3 0 - foot house depth and typical setbacks for the R1-13.5 Distric t , i t c a n b e demonstrated that 90 feet to the living quarters is maintained in bot h t y p i c a l a n d the current Lot 10 situations. (See Attachment A) Therefore, S t a f f f e e l s comfortable with this lot configuration. Lots 1, 4, and 9, contain corner lot setback requirements of 30 feet. Code requ i r e s corner lots to be platted 15 feet wider than the minimum, or 100 feet. S i n c e t h e s e lots are already particularly narrow in nature, Staff feels that the p r e l i m i n a r y plat should be revised to reflect slightly wider lot widths to accom m o d a t e t h e additional side yard setback requirements. (See Attachment B) Duck Lake Road right-of-way should be dedicated to the City as part o f t h e f i n a l platting. Grading and Drainage All proposed site grading is to he limited to the road cut for the c u l - d e - s a c . Since this site is relatively gentle in topography, no additional g r a d i n g i s expected other than for house pad locations. The existing stand of ever g r e e n s a l o n g the east property is to be preserved. Drainage of the proposed subdivision will be directed overland from t h e c e n t e r o f the site towards the neighboring property to the east and Duck Lake R o a d t o t h e west. No storm sewer, or catch basins, are proposed. The City En g i n e e r • h a s reviewed the proposed drainage plan and has indicated that the nearest s t o r m s e w e r Herzog Addition 3 May 24, 1985 is approximately 950 feet southwest of the street intersection with Duck Lake Road and that some extension of the storm sewer will be necessary. The City Engineer recommends that the developer provide some alternatives for consideration by the Engineering Department. Utilities Sanitary sewer and water services are available to the site with connection to the existing utilities along Duck Lake Road and Prairie Lane. An extension of the sanitary sewer is proposed between Lots 8 and 9. The preliminary plat should be revised to indicate a 20-foot easement between these lots for maintenance purposes. Street and Pedestrian Systems The City Engineer indicates that the curb and gutter for Duck Lake Road terminates near the southwest corner of the site and recommends that the east portion of this curb and gutter be extended to the north property line. The west side will be completed during future development. The Community Services Director has reviewed the proposed development and indicates that a current sidewalk exists on the west side of Duck Lake Road, and that no additional sidewalk is necessary. Access Staff has reviewed possible access points for the proposed subdivision and recommends that Lots 1-3 have access only to South Shore Lane and Lots 4-9 access to Mallard Court. Lot 10 will be the only lot with access to Duck Lake Road and should be built with the driveway on the south side of the lot to provide adequate sight vision distance to Duck Lake Road. STAFF RFCMMFNDATIONS Staff recommends approval of the rezoning request from R1-22 to 81-13.5 on 5.35 acres and preliminary plat of 5.35 acres into ten single family lots subject to the following: 1. Prior to Council review, proponent shall: A. Determine ownership status of Odtlot 1, Prairie Shores. B. Revise preliminary plat to reflect additional lot width for Lots 1, 4, and 9, to accommodate for 'additional side yard setback requirements; also, revise preliminary plat to reflect a 20-foot utility easement between Lots 8 and 9 for maintenance purposes. C. Meet with the City Engineer to provide alternatives for the extension of the storm sewer system. D. Modify plan to show the curb and gutter along the east side of Duck Lake Road to the north property line. 2. Prior to Final Plat, proponent shall: Herzog Addition 4 May 24, 1985 A. Provide detailed drainage and erosion control plans for review by the Watershed District and City Engineer, and provide detailed sanitary sewer, storm sewer, water, and street plans for Engineering Department review. B. Dedicate Duck Lake Road right-of-way to the City, clear of any mortgages, liens, assessments, or encumbrances. 3. Prior to Building permit issuance, proponent shall: A. Pay appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours prior to grading. C. For Lot 10, provide building plans, indicating the garage portion of the house on the south side to provide adequate sight vision distance to Duck Lake Trail. ROAD LOTS ABLATING A RAILROAD ,/'/J1 ROAD 30' Garl LIV. 150' 90' 'RP:CAL RAILROAD ii 111 •0CL111 -1 - 90 ----i--y :. 1 I -.:-.7_‘!...2-1.":71-1 55'' 1 ‘..14'\.1:11t17:111:1 1.11.. Ill/ i----,,,,—...,-1. 1 1 1 .1;1.7,—, l'• .,•.,...1, 1 - - .•,••• , • 1 . \•E 1 ,;(--,:::..±1 \1 -."' I {LI .(.i ,.. ': \ k i \ 5 ......_;,, --1 -: .:.-C:--;0::.:.:1`. , ' --..--. ' ----< .- . IP ,,, ---93:--:-.-- -_:-_-_— -„;---- • • . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-147 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of Technology Park Associates for development of Technology Park for Office use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 19.65 acres located south and east of Valley View Road, west of Washington Avenue, and north of Viking Drive be modified from Industrial/High Density Residential to Office. ADOPTED by the City Council of Eden Prairie this 18th day of June, 1985. Gary D. Peterson, Miyor ATTEST: John D. Frane, City Clerk , CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #85-148 A RESOLUTION APPROVING THE DEVELOPMENT OF PLANNED UNIT DEVELOPMENT OF TECHNOLOGY PARK FOR TECHNOLOGY PARK ASSOCIATES WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on Technology Park PUD Development by Technology Park Associates and considered their request for approval for development (and variances) and recommended approval of the requests to the City Council; and, . WHEREAS, the City Council did consider the request on June 18, 1985; NOW, THEREFORE, BY RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: .1. Technology -Park by Technology Park Associates, being in Hennepin County, Minnesota, is legally described as outlined in Exhibit A, attached hereto and made a part hereof. 2. That the City Council does grant PUD Development approval as Outlined in the plans, as revised, dated May 23, 1985. 3. That the PUD Development meet the recommendations of the Planning Commission dated May 28, 1985. ADOPTED by the City Council of Eden Prairie this 18th day of June, 1985. Gary D. Peterson, Mayor ATTEST: John D. Franc, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-149 A RESOLUTION FINDING THE AMENDED ENVIRONMENTAL ASSESSME N T WORKSHEET FOR TECHNOLOGY PARK, A PRIVATE ACTION, DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a h e a r i n g o n J u n e 1 8 , 1985, to consider Technology Park proposal of Technology P a r k A s s o c i a t e s ; a n d , WHEREAS, said development is located on approximately 6 8 . 3 6 a c r e s o f l a n d located south and east of Valley View Road, west of Was h i n g t o n A v e n u e , a n d n o r t h o f Viking Drive in Eden Prairie; and, WHEREAS, the Eden Prairie Planning Commission did hold a p u b l i c h e a r i n g o n the Technology Park proposal of Technology Park Asso c i a t e s a n d d i d r e c o m m e n d approval of the Environmental Assessment Worksheet f i n d i n g t h e p r o j e c t o f n o significant impact; NOW, THEREFORE, BE IT RESOLVED by the City Council o f E d e n P r a i r i e , Minnesota, that an Environmental Impact Statement i s n o t n e c e s s a r y f o r t h e Technology Park proposal of Technology Park Associates, b e c a u s e t h e p r o j e c t i s n o t a major action, does not have significant environmental e f f e c t s , a n d i s n o t o f m o r e than local significance. BE IT FURTHER RESOLVED, that a Negative Declaration N o t i c e s h a l l b e officially filed with the Minnesota Environmental Quality C o u n c i l . ADOPTED this 18th day of June, 1985. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clea------ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #85-150 RESOLUTION APPROVING THE PRELIMINARY PLAT OF TECHNOLOGY PARK 4TH ADDITION FOR HOYT CONSTRUCTION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Technology Park 4th Addition for Hoyt Construction, dated May 17, 1985, consisting of 4.52 acres into one lot for construction of a 58,600 square foot office/warehouse, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 18th day of June, 1985. Gary D. Peterson, Mayor ATTEST: John D. Frane, CliTnerk 'MEMORANDUM TO: Eden Prairie Planning Commission FROM: Mr. and Mrs. Frank J. Smetana DATE: May 22, 1985 Re: Technology Park, Phase III In the course of the development of Technology Park we a s r e s i d e n t s o f the adjoinging area have some concerns about our propert i e s . W e u r g e y o u t o require that an 875' elevation be maintained between prop o s e d b u i l d i n g p a d s a t 864' in the mined areas and the sight line from Smetana L a n e . A d d i t i o n a l l y , the land between 875' and Smetana Lane and Nine Mile Cre e k s h o u l d b e d e v e l o p e d as residential or low density office-condos with appropr i a t e s c r e e n i n g f o r t h e residences on Smetana Lane. It is in our opinion and, co n s i d e r i n g t h e violations the owner of this property has subjected us t o , t h e v e r y l e a s t y o u can do. The following questions have been asked of me or raised a t v a r i o u s meetings regarding the Technology Park proposal. Along w i t h t h e q u e s t i o n s a r e answers which will explain our position. I. Why 875'? Some would have you believe that 875' was an arbitrary num b e r a s i f drawn from a hat. In fact, 875' was a carefully reason e d , m u c h s t u d i e d and negotiated elevation which would allow mining and dev e l o p m e n t w h i l e effectively stopping the advancement south of the industr i a l p a r k t o t h e north. It was felt that the land adjacent to Smetana Lak e a n d N i n e M i l e Creek deserved a higher use. At 875', buidings would hav e b e e n s o m e distance from Smetana Lane, we would not have seen the top s o f t h e buildings and we would only have seen one building. Also , t h e c h a r a c t e r of the buildings would have been better than that now pr o p o s e d . 8 7 5 ' a s a building pad is now not practical but 875' as a natura l l a n d f o r m c a n and should be maintained as a division between building c h a r a c t e r s a n d uses. 2. Are we standing in the way of progress? • No, absolutely not. I am willing to sell my home to any o n e w h o w a n t s i t out of the way. I would simply want enough to buy a comp a r a b l e homestead somewhere else. No one has offered to facilit a t e m y e x i t . 3. Am I speculating? No, again. My property, roughly four acres, is low and d i f f e r s f r o m those where this has succeeded. I am not willing to bet t h a t s o m e o n e will buy mostly floodplain land for a building pad. Memo - EP Planning Commission May 22, 1985 Page Two 4. Why do you ask for restrictions on the use of someone else's property? Mr. Pearson and/or Mr. Hoyt are asking for something they never had. I ask you now to keep what my family has had through five generations and, that is, the right to enjoy my homestead without intolerable intrusions. I consider the sight of a large flat top building with average screening an intolerable intrusion. 5. How will you be hurt? The value of my homestead will decrease $20,000 to $35,000. I know I will be significantly damaged by the opening of that cut. The only acceptable screen between me and what Mr. Hoyt proposes is earth high enough to keep the buildings out of sight. 6. Do you simply dislike Mr. Pearson? No, but I don't trust him. Mr. Pearson has made his contempt for the process of city government known to me. The excavations in his pit were made in full contempt and blatant arrogance of that process. I don't believe he ever intended to honor what he agreed to in 1975. I hope you will not accommodate that contempt by harming 3rd, 4th and 5th generation Eden Prairie residents. I have met with Mr. Mike Gair to discuss sight lines from my home. He informed me that earth now at 875' is needed to correct situations elsewhere on the site. He also stated that he didn't expect me to be sympathetic to that need and he is right. The bank will not forive my mortgage simply because someone else now owns my house. Why should the encumbrances on this property be forgiven by a transfer of title? If assurances given in 1975 are taken away now without relief we'll be screaming bloody murder for a long time. Please help us. Mr. and Mrs. Frank J. Sme't-Tr. \n I rsitj 1‘1 , — •NS L.• • • /L1 17.-7n1 CCATCN MAP STAFF REPORT TO: FROM: YWUCH: DATE: PROJECT: Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning June 7, 1985 Technology Park, Phase III APPLICANT/ FEFffliffffT Hoyt Construction REFER TO: South and East of Valley View Road, West of Washington Avenue, North of Viking Drive, and West of Smetana Road Preliminary Plat of approximately 68 acres into one lot, two outlots, and a road right-of-way for West 76th Street and Golden Triangle Drive extension. May 28, 1985, Planning Commission Staff Report LOCATION: MUEST: Background At the May 28, 1985, Planning Commission meeting, the Commission recommended approval of proposed Lot 1 from Rural to 1-2 Park, and a Planned Unit Development Concept plan for approximately 21 acres east of Golden Triangle Drive. This request was originally scheduled for consideration at the May 28, 1985, meeting; however, due to a technical error in the public hearing notice, it was recommended that the Camiission postpone action on the preliminary plat request until a correct public hearing notice could be prepared. STAfF PECMI.Ft1DATIONS Staff would recolimend approval of the request for proliminary plat of approximately 0 acres into one lot and two outlots and road right -of- way. STAFF REPORT Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning May 24, 1985 Technology Park, Phase III South and East of Valley View Road, W e s t o f W a s h i n g t o n A v e n u e , N o r t h of Viking Drive, and West of Smetana R o a d Technology Park Associates Comprehensive Guide Plan Change f r o m Industrial/Nigh Density Residential to Office on 19.65 ac r e s , a P l a n n e d U n i t D e v e l o p m e n t Concept Review on 68.36 acres, a n d a n E n v i r o n m e n t a l A s s e s s m e n t Worksheet on 68.36 acres. TO: FROM: TN-DUCH: DATE: PROJECT: LOCATION: APPLICANT/ TITC -MUT:- RUpFST: lam ......__A Background j-k This is a continued item from the .14 March 22, 1935, and April 5, 1985, , 7 /11 4 .. meetings. Issues previously raised , ( 4 , e m ./.. included Land Use/Comprehensive !:4-...4..... . Guide Plan Change, mass grading, S'. alignment of Golden Triangle Drive, PROPOSED SITE traffic, road improvements, and visibility of this area from Valley View Road and the Smetan a L a n e k / . ( - - T - households. Modified Development Rilguest The development request has been modified to include concept approva l for land uses to the east of proposed Colden Triangle Drive only. The project area has been reduced from approximately 66 to 21 acres, of which 16.41 acres will be developed for office/showroom an d office uses, with 4.42 acres set asido as preservation areas. The preservation areas are 1.62 acre s adjacent to Nne. Mile Creek and 2.3 acres carroundir19 the high, oak wooded knoll. The proponent als o C r I,P!..-7L 7C )N, f:7 ' • -t Technology Park, Phase III 2 May 24, 1985 wishes to grade a majority of the 68 acres (a previous g r a v e l p i t ) i n o r d e r to balance the site. A revised grading plan has been submit t e d . Total building square footage being requested at this t i m e h a s b e e n r e d u c e d f r o m 499,500 square feet to 222,500 square feet. Of this new total, 134,500 s q u a r e f e e t is proposed for three office/showroom buildings and 38,000 s q u a r e f e e t i s p r o p o s e d for an office building. Floor Area Ratios for the fo u r b u i l d i n g s p r o p o s e d a r e within ordinance requirements for industrial and office z o n i n g . A rezoning from Rural to 1-2 Park and a preliminary pla t o f 4 . 5 a c r e s i n t o o n e l o t is requested for Building 4. These requests are addres s e d u n d e r a s e p a r a t e S t a f f Report. The Comprehensive Guide Plan Change request from High De n s i t y R e s i d e n t i a l / I n d u s t r i a l to Office has been reduced in total area from 19.65 acr e s t o 2 . 2 8 a c r e s . T h e o f f i c e designation is requested for Building 5 adjacent to Ni n e M i l e C r e e k , j u s t e a s t o f the high, oak wooded knoll. The land uses to the west o f G o l d e n T r i a n g l e D r i v e w i l l remain High Density Residential/Industrial until future r e q u e s t s . Land Uses The Planned Unit Development Concept Plan proposes land u s e s i n t h e m o s t a p p r o p r i a t e areas of the site. The office use for Building 5 along N i n e M i l e C r e e k , a d j a c e n t t o the wooded area, makes sense to take advantage of t h e v i e w s a n d t h e n a t u r a l amenities, and multi-story buildings would allow more o p e n s p a c e a n d t r e e s t o b e preserved. The areas proposed for office/showroom have b e e n p r e v i o u s l y g r a d e d as part of the mining operations, and are relatively level, with n o v e g e t a t i v e c o v e r . These areas would be suitable for the office/showroom bu i l d i n g s , w h i c h require a large level building pad area. Mass Grading At the March 22, 1985, meeting, no mass grading plan had b e e n s u b m i t t e d f o r r e v i e w . From what was known about the existing natural con d i t i o n s o f t h e p r o p e r t y , assumptions wore made that the ridge line along the nort h p r o p e r t y l i n e w o u l d h a v e to be cut in order to accommodate the extension of Gold e n T r i a n g l e D r i v e a n d t h a t the alignment of Golden Triangle Drive around the oak wo o d e d k n o l l i n t h e s o u t h e a s t corner of the project, would result in the loss of a s i g n i f i c a n t n u m b e r o f o a k trees. The mass grading plan included with this submitt a l s h o e s p r o p o s e d f i n i s h o d grades for all sites on the property. The alignment of G o l d e n T r i a n g l e D r i v e a n d 2/1 slopes adjacent to the oak wooded knoll will allow f o r m o r e o f t h e e x i s t i n g o a k trees to be saved. Grading along the north property line will cut down the r i d g e l i n e , b u t w i l l l e a v e a good portion of the area undisturbed, with a tree line o f l o w l a n d v e g e t a t i o n a l o n g the Nine Mile Creek f1ondp1in, and an area of upland oak vertation, which buffers this area whon viewed from Valley View Road. Grading along the west property lines is at 3/1 clones. A ridge line at about elevation 8 1 0 will be retained along the south and wet Portions of the site, west of Golden Triangle Road, to limit views into the site from the djn inhlig residential land uses t o t h e s o u t h w e s t o f t h e s i t e . Some filling will occur within tho propo';ed preservation area south of proposed office site. To minimitJ. encroachment adjacent to Nine Mile Creek, i t m a y h e b e t t e r to tightcn the slopes up to less than 3/1 and restore with creek associated Technology Park, Phase III 3 May 24, 1985 vegetation to provide a better transition from the office building to the creek. The fill required for the office building adjacent to the creek is not ideal, but it helps allow the preservation of the more significant wooded hill feature. This hill should be protected perpetually either by an easement, or dedication to the City. Alignment of Golden Triangle Drive The alignment of Golden Triangle Drive has been shifted approximately 60 feet futher west, which preserves more of the hill. To limit grading and tree loss to the shaded areas as shown on the grading plan, will require a. retaining wall. Prior to Council review, the proponent should provide a more detailed grading plan, showing the location and heinht of the retaining wall. (See Attachment A) If a retaining wall is not used, a 2/1 slope would require more grading and tree loss. The alignment of Golden Triangle Drive, as it crosses the creek, should be coordinated with the extension of Golden Triangle Drive from the Vantage property to the south. The developer will be responsible for 1/2 of the cost of construction of the creek crossing. Traffic A previous Staff Report talked about a need for a 19% reduction in traffic, based upon the findings and facts of the traffic study conducted by BRW, commissioned by the City. Since the Planned Unit Development Concept request has been revised from 499,500 square feet to 222,500 square feet, the impacts of traffic upon the road systems will be minimal at this time. This issue will remain for the land area west of Golden Triangle Drive and will need to be resolved in the future through land use or square footage reduction. Low intensity office uses, or high density residential uses represent two land use ways of reducing traffic volumes. Development to a higher percentage of office in the project west of Golden Triangle Drive may be possible in the future, if actual traffic counts would indicate less traffic generated than estimated at this time. Smetana Road Connection Previous Staff Reports talked about a need for the extension of Smetana Lane, since the traffic study anticipated an actual volnme expected of approximately 7,000 to 8,000 trips per day. Based upon ultimate development of the area, Staff expects that Smetana Lane will he needed; hmever, since land uses to the west of Golden Triangle Drive are not being requested for approval at this time, the decision to extend Smetana Lane to Golden Triangle Drive could be postponed until land uses are more definitive to the west of Golden Triangle Drive. Visibility of Project. from Valley View Road and Adjacent Residential Uses At previous P1 entice Commission meetings, concerns wore raised about the visibility of this area from adjoining land uses. With the mass grading envisioned at that time, there was cooeern about windows into the site. The proposed mass grading plan Will maintain a ride,' line at about elevation 870 across the southwest corner of the site, which would bleed: views into the project area from the Smetana households until development west of Golden Triangle Drive occurs in the future. This area will also No screened from Valley View Road, since the grading plan will, at this time, prdserve a tree line of oaks along the slopes and lowland vegetation along Nine Milo Creek. 'elLe Technology Park, Phase III 4 May 24, 1985 Shoreland Ordinance Provisions of the Shoreland Ordinance are applicable to this site, si n c e i t a b u t s portions of Nine-Mile Creek. Nine-Mile Creek is designated as a general d e v e l o p m e n t water and for office and industrial uses, the following regulations would a p p l y : 1. Minimum lot size is two acres. 2. Minimum width at the building line is 150 feet. 3. Minimum width at the Ordinary High Water Mark is 150 feet. 4. Minimum setback from the Ordinary High Water Mark is 150 feet. 5. Maximum building height is 30 feet. 6. Maximum impervious surface is 30 per cent. The Nine Mile Creek Floodplain is on the south portion of the property , w h i c h t h e Comprehensive Guide Plan depicts as an Open Space corridor. The Pla n n e d U n i t Development Concept Plan indicates a preservation areas with a minimum w i d t h o f 1 0 0 feet on the north and west sides of Nine-Mile Creek. Since the preserv a t i o n a r e a s would be dedicated as open space consistent with the City's Comprehen s i v e G u i d e Plan, and if platted as an outlet, none of the property within this projec t w o u l d b e an abutting lot, and provisions one through four of the Shoreland Ordina n c e w o u l d not apply. STAFF RECOMMENDATIONS The Planning Staff would recommend approval of Comprehensive Guide Plan C h a n g e f r o m High Density Residential/Industrial to Office on 2.83 acres, a Plann e d U n i t Develovnt Concept on approximately 21 acres, east of Golden Triangle D r i v e , b a s e d upon revised plans, dated May 17, 1985, and May 23, 1935, subje c t t o t h e recomendations of the Staff Reports, dated March 22, 1985, April 5, 19 8 5 , a n d M a y 24, 1985, and subject to the following conditions: 1. Development on sites for Buildings 5, 6, and 7, will require rezoning a n d platting to be reviewed by the Planning COMiSSi011 and City Council. 2. Construction of Viking Drive and West 76th extension. Coordinate the cr e e k crossing with the Vantage project to the south. The developer will b e responsible for one-half the cost of the construction of the creek crossi n g . 3. Construction of a five-foot wide concrete sidewalk along the east side o f Golden Triangle Road and both sides of West 76th Street extension includin g C sidewalk along the southern property line of the Tech I, II, and II I Buildings. Construction of an eight-foot wide hituminus trail along th e west side of Golden Triangle Drive. 4. Future development of property to the west of Golden Triangle Drive wi l l require the sehmittal of a detailed tree inventory. Any signific a n t veeetotion lost due to construction will be replaced on a caliper inch per caliper inch basis. „:„ • Technology Park, Phase III 5 May 24, 1985 5. Grading limits will be staked with a snow fence. A tree inventory within 25 feet of the grading limits must be submitted for review prior to grading. Any trees removed within the 25-foot area will be replaced caliper inch per caliper inch. 6. Receive Watershed District and City Engineering Department approval of the grading plan. 7. Prior to Council review, submit a more detailed grading plan around the high oak knoll, with retaining wall details showing height and location. EL.„ 1.360 ADDITIONAL GRADING REQUIRED WITHOUT RETAINING WALL RETAINING i3/go r rtf1 ,7 ,-;1 I 'n`..4 9”" F(.-"A C't rtti 1 .: rs,--,‘ (.;'N (1)**1' • 4 • rt _ n • -.6 •• U .jc • • L._ : • „ • ?) .N. .1,1\ Lot rr,•• • .t 1 Ott •SON.• • 838 irc..Nnt attac (.:CIRADVNG • STAFF REPORT TO: Planning Comnission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: May 24, 1985 PROJECT: Technology Park 4th Addition APPLICANT/ FEE OWNER:Hoyt Construction LOCATION: Northeast corner of future Golden Triangle Road and West 76th extension. REQUEST: Rezoning from Rural to 1-2 Park on 4.52 acres, and Preliminary Plat of 4.52 acres into one lot. Background The Comprehensive Guide Plan depicts this site and surrounding uses as High Density Residential and In- dustrial. This project is the 4th Phase of Technology Park and is part of the Planned Unit Development Concept request reviewed in another Staff Report. 14-A*44 14,41.1 . 12-1 -t-REG 1-2 Pk , PROPOSED SITE The site is relatively level, about elevation 860 across the southern 2/3 of the site. The northern 1/3 of the site is a ridge line with a high point about elevation 910 centered on the north property line. There is no existing significant natural vegetation. Site Plan The site plan involves the con- struction of a one-story, 18-foot high, 58,644 square foot, ,office/warehouse building on 4.52 acres of land at a Floor Area Ratio - of 0.3. A Floor Area Ratio of 0.3 is the maximum allowed Floor Area Ratio in an 1-2 Park zoning 317 district. Building and parking .1 ,EG AREA LCCATONI MAP 3 Technology Park 4th Addition 2 May 24, 1985 areas meet minimum setback requirements. Total parking required, i f f i g u r e d a t 1 / 3 office, 1/3 warehouse, and 1/3 manufacturing, would be 166 spac e s . I f f i g u r e d a t . 50% office, and 50% warehouse, total parking required would be 162 spaces. A total of 162 spaces are provided on-site. Staff feels that parking is a d e q u a t e . Grading_ The 50-foot high ridge line along the north property line will b e c u t 4 8 f e e t t o provide. a level pad for building and parking at elevation 862 . T h e p r o p o s e d c u t will require grading on the Helle piece to the north. The prop o n e n t s h o u l d o b t a i n permission from the adjoining property owner for grading outsi d e o f t h e p r o p e r t y limits. The overall grading is consistent with the mass grading p l a n s u b m i t t e d w i t h the Planned Unit Development concept plan. Architecture The building will be constructed of three primary building m a t e r i a l s i n c l u d i n g stucco with a sandcoat finish, gray metal panel, and gray tint e d g l a s s , s i m i l a r t o materials used for Tech Buildings I, II, and III. The building w i l l h a v e a n o f f i c e appearance on the western and southern elevations facing Golde n T r i a n g l e D r i v e a n d West 76th Street. The building will have a warehouse app e a r a n c e f r o m o t h e r elevations. Rooftop mechanical units are proposed to be screened with a met a l p a n e l t o m a t c h t h e material used around the windows. To assure compliance with r o o f t o p m e c h a n i c a l -screening, the Code requires that proponents bond for the cost o f s c r e e n i n g . Landscapina For a building of this size, the landscape ordinance would requir e t h e p r o v i s i o n o f 183 caliper inches. A total of 234 caliper inches is provided on - s i t e . T h e s i z e o f proposed plantings is also consistent with the landscape ordinance . Berming along West 76th Street does not screen parking areas . T h e b e r m h e i g h t should be raised a minimum of one foot. Berming along propose d G o l d e n T r i a n g l e Drive also does not screen parking and should be raised a mini m u m o f 1 . 5 f e e t t o screen parking. Since the setback to parking is at 25 feet, in c r e a s i n g t h e b e r m height by feet will require slopes in excess of 3/1. (The p r o p o s e d h e m m i n g within the 25-foot setback is already proposed at a 2.5/1 slope . ) T o i n c r e a s e t h e berm by a minimum of rei feet, or to an elevation of 863.5, the s e t b a c k a r e a m u s t b e a minimum of 33 feet. Since the site plan indicates an excess a m o u n t o f g r e e n a r e a adjacent to the building, the site plan could be revised to re m o v e e i g h t f e e t o f green area in front of the building and add to the parking se t b a c k a l o n g G o l d e n Triangle Drive. The building footprint will screen loading areas from Golden Tri a n g l e D r i v e a n d W e s t • 76th Street; however, loading areas will be visible from f u t u r e l a n d u s e s o n t h e Hello piece to the north. To avoid precluding office, or office s h o w r o o m u s e s f r o m occering on the Hello piece, it vamild be beneficial to c o n s t r u c t a b e r m , supplemented with plantings, in a manner similar to Attachment A. Since the Tech IV site will be approximately three feet higher, a 1.5-foot high b e r m , w i t h a p e a k f i v e feet from the property lino, creates a 4.5 high berm when viewed from the north. The combined setback of 20 feet with berm and plantings should provide an effective screen. Technology Park 4th Addition 3 May 24, 1985 Sidewalks and Trails . Improvements to Golden Triangle Drive and West 76th Street e x t e n s i o n w i l l i n c l u d e a five-foot wide concrete sidewalk along the cast side of Golde n T r i a n g l e D r i v e a n d both sides of West 76th Street. An eight-foot wide bitu m i n u s t r a i l w i l l b e constructed on the west side of Golden lriangle Drive. The pr o p o n e n t i s p r e v i o u s l y bound by the City Council to construct a sidewalk along the no r t h s i d e o f W e s t 7 6 t h Street past, Technology Park Phases I, II, and III. Utilities Though no detailed utility plans for the extension of sewer a n d w a t e r s e r v i c e f o r this project have been provided at this time, we do know t h a t s e w e r a n d w a t e r service is available with the construction of Golden Triangl e D r i v e a n d W e s t 7 6 t h Street extension. It will he necessary to loop the water-main from Golden Triang l e Drive along West 76th Street to Washington Avenue for adeq u a t e f i r e p r o t e c t i o n . Prior to Council review, the proponent should submit utility d e t a i l s f o r r e v i e w b y the City Engineering Department. A storm water run-off plan has been provided for this site; h o w e v e r , i t d o e s n o t show how the proposed drainage would connect into proposed s t o r m s e w e r s y s t e m s i n Golden Triangle Drive and the West 76th Street extension . W e d o k n o w t h a t t h e direction of the storm water run-off of this project will b e t h r o u g h a s e r i e s o f sedimentation ponds before ultimate discharge into Nine M i l e C r e e k . P r i o r t o Council review, proponent should provide an overall storm w a t e r r u n - o f f p l a n f o r review by the City Engineering Department. Roadways Golden Triangle Drive and the West 76th Street extension s h o u l d b e c o n s t r u c t e d concurrent with development of this site. Signage and Lighting Though no signage details have been provided for review, th e s i g n a g e p r o p o s e d w i l l be similar to monument signs constructed in Phases I, II, a n d I I I . T h e p r o p o n e n t should submit details of the proposed monument signs for rev i e w . The proposed lighting plan indicates 20-foot high, downcast l u m i n a r s t h r o u g h o u t t h i s site. This type of lighting is consistent with lighting pr o p o s e d i n T e c h n o l o g y Park, Phases I, II, and III. STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the request fo r r e z o n i n g f r o m R u r a l to 1-2 Park on 4.5? acres and a Preliminary Plat of 4.52 acres i n t o o n e l o t b a s e d o n plans dated May 17, 1985, subject to the recomlendations of the Staff Repor t , d a t e d May 74, 1985, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Modify the landscape plan to increase berm height alon g G o l d e n Triangle Drive and West /6th Street extension to adequately s c r e e n parking areas. Provide a berm similar to that shown on Atta c h m e n t A along the north property line. Technology Park 4th Addition 4 May 24, 1985 B. Submit detailed utility and storm water run-off plans for review by the City Engineering Department. 2. Prior to Final Plat, proponent shall: A. Submit detailed storm water run-off plans for review by the Watershed District. B. Submit detailed utilities, storm water run-off, erosion control plans, and road construction plans, for Golden Triangle Drive, and West 76th Street extension by the City Engineering Department. C. Obtain permission from the adjacent property owner for grading necessary off-site. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Provide signage details for review. 4. Concurrent with building construction, proponent shall: A. Construct a five-foot wide concrete sidewalk along both sides o f West 76th Street extension. This should also 'include a five-foo t wide concrete sidewalk along the southern -property line of Technology Park, Phases I, II, and III. B. Construct an eight-foot wide hituminus trail along the west side of Golden Triangle Drive, and a five-foot wide concrete sidewalk along the east side of Golden Triangle Drive. C. Construct road to Golden Triangle Drive and the West 76th Street extension. attachment a 859 5-1.rAIATION SCREENING OF LOADING 890.—.. brier-AMA I.ANt. t .6t-rox-rc Wcutivez,cvw.,e1J.srfre..# Fo.). or rAgl<tta aoo 850 Occu.ittJtm, t7gAue.1,- agt)krloto. _ _ _ . aeo ficofoED ita4 f-t-EVAllOki • E3450 ; ;(Thzd rtuAt 01.27 66AL4 1.*20 LZAW-At., f't CDs IACRIZCWW, 5111r, 5r_z,-1-folu MEMORANDUM TO: Planning Comnission FROM: Chris Enger, Director of Planning DATE: April 5, 1985 SUBJECT: Technology Park Technology Park was continued by the Planning Commission in order to allow the proponent time to revise plans to conform with concerns raised in the March 22, 1985, Staff Report. Planning Staff met with Mr. Brad Hoyt and his planner, Mr. Mike Gair, and discussed ways in which Golden Triangle Drive could be realigned to preserve more of the character of the oak-wooded hill. The proponent has revised the location of Golden Triangle Drive to be 62 ft. further west, which preserves more of the hill. Although there are a number of oak trees that will be removed, the height of the man-made slope necessary to cut the road in has been reduced from 100 ft. to approximately 50 ft. and will be restored with a 2/1 grade. The proponent has been able to gain approximately 20,000 sq. ft. of office/showroom on the site immediately north of the wooded hill by cutting further into the back side of it. The proponent has also discovered that elevations on the overall site will need to be lower than originally proposed because of the lack of usable fill currently available on the site. The revised plan indicates lower road grades and building elevations. City Staff has discussed the possibility of removing a connection to Smetana Lane from this proposal and finds that Smetana Lane is projected to carry up to 7,000 trips per dey at full developmmt. Since there is a dependence of this magnitude on the road, Staff recomnends that it not be deleted from consideration at this time. The proponent is aware that they will he needing a considerable amount of fill from the area west of Golden Triangle Drive, but proponent does not have a mass grading plan prepared in order to request such approval at this time. The Planning Staff would recommend that the Commission limit further consideration on this project to the area including, and east of proposed Golden Triangle Drive because of a lack of information on grading and traffic generation from the area west of Golden Triangle Drive at this time. The Planoing Commission could deal with the Planned Unit Development Concept, which would include the specific road alignment of Golden Triangle Drive, its general grains, laud uses east of Golden Triangle Drive, and individual building pad elevations. Action for Planned Unit Development Concept approval west of Golden Triangle ['mien. should be deferred pending further information. Planning Staff would recommend approval of the revised Planned Unit Development Concept. Plan for the area including, and east of, Golden Triangle Drive. The public hint alt he closed on the ca ttire property, and the plan for Technology Park west of Coldon Triangle Dr iv:? should he returned to the dvolopor pending further information to be provided by proponent on grading, land use, and traffic. STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner IlffauGH: Chris Enger, Director of Planning SUBJECT: Technology Park, Phase III LOCATION: South and east of Valley View Road, west of Washington Avenue, north of Viking Drive, west of Smetana Road. DA1E: March 22, 1985 APPLICANT/ FETTWEXT REQUEST: Background Technology Park Associates Comprehensive Guide Plan Change from Industrial/High Density Residential to Office on 19.65 acres, a Planned Unit Development Concept Review on 68.36 acres, and an Environmental Assessment Worksheet Review on 68.36 acres. The Comprehensive Guide Plan des- ignates this site for a combination of Open Space and Industrial/High Density Residential land uses. The Open Space is designated along Nine- Mile Creek and Smetana Lake, bordering the western and southern sides of the project. The Com- prehensive Guide Plan also depicts a north/south collector street which is referred to in this submittal as future Golden Triangle Drive. The Comprehensive Guide Plan depicts surrounding future land uses as InduArial to the north and east of this project, Open Space and Low Density Residential to the west of the site, and Open Space and Office to the south of the site. The site is currently zoned Rural. No specific ro7onino or platting requouts are submitted at this time. A Pl‘mmod Unit 1 1,.,vlopm ,n1 Concept is reqqested on 6.36 acres for the cowAructien of 1d9,950 square feet 11tA: Technology Park, Phase III 2 March 22, 1985 of office, office/warehouse, and office showroom use. The existing site character can be described as a mixture of lowland areas adjacent to Nine-Mile Creek, upland wooded areas with steep slopes in the northwest and southeast corner of the site, and a disturbed area in the central portion of the site which is presently a gravel pit and mining area. The existing topography ranges from a low point at elevation 834 at Nine-Mile Creek to a high point at elevation 935 on the wooded knoll in the southeast quadrant. Slopes; range from 0 to 0.6 per cent in the mined areas in the center of the project, with moderate slopes between six to twelve per cent adjacent to Nine-Mile Creek, and slopes between 12 to 13 per cent and 18 per cent or greater on the two high knolls of the project. The second knoll in the northwest corner of the site is at a high point of elevation 910. There is a variety of vegetative cover on this site, ranging from totally disturbed and no vegetative cover on the previously mined areas on the project to lowland meadows in the northwest and south areas of the property adjacent to Nine-Mile Creek. The lowland meadow areas are covered with lowland shrubs including aspen and dogwood, as well as a variety of other softwood trees. Adjacent to these lowland areas, are upland meadow areas covered with grasses and pockets of mature hardwoods, predominantly oak. The wooded knoll in the southeast corner of the project has approximately 100 oak trees of ten-inch diameter or greater in size. The slopes from the center of the knoll to the western side of the knoll have the highest concentration of oak trees. A tree inventory in the mature upland oak areas in the northwest corner of the site would be beneficial to the analysis of the location of future building and parking areas. Provisions of the Shoreland Ordinance are applicable to this 'site, since it abuts portions of Nine-Mile Creek. Nine-Mile Creek is designated as a general development water and for office and industrial uses, the following regulations would apply: 1. Minimum lot size is two acres. 2. Minimum width at the building line is 150 feet. 3. Minimum width at the Ordinary High Water Mark is 150 feet. 4. Minimum setback from the Ordinary High Water Mark is 150 feet. 5. Maximum building height is 30 feet. 6. Maximum impervious surface is 30 per cent. The Nine Mile Creek Floodplain is on the south portion of the property, which the Comprehensive nuide Plan depicts as an Open Space corridor. The Planned Unit fievelpvent Concept plan indicates a preservation area with a minimum width of 100 feet on the narth and most sides of Nine-Mile Creek. Since the preservation areas would he itnlicated as open space consistent with the City's Comprehensive Guide Plan, amid if platted as an outlet, none of the property within this project would he an abetting lot, and provisions one through for of the Shoreland Ordinance would • not apply. ( Technology Park, Phase III 3 March 22, 1985 An fnvironmental Assessment Worksheet has been prepared for this proj e c t s i n c e i t involves in excess of 200,000 square feet of office and industrial b u i l d i n g . Mandatory Environmental Impact Statement category for office and industr i a l u s e s i s 500,000 square feet of building. Planned Unit Development Concept Plan The Planned Unit Development Concept Plan proposes 499,500 square fee t o f b u i l d i n g area on 68.36 acres of gross land area at a Floor Area Ratio of 0.1 7 . T h e F l o o r Area Ratio based upon 42.03 net acres of developable land is 0.27. F l o o r A r e a Ratios proposed for the office/showroom sites are 0.30. Floor Area Ra t i o s f o r t h e office sites are proposed at 0.50. The proposed Floor Area Ratios i n t h e P l a n n e d Unit Development Concept plan are consistent with Floor Area Ratios a l l o w e d f o r Industrial and Office guided areas for single and multiple story buildi n g s . The Planned Unit Development Concept is 29 per cent office, 33 per cent Office/Showroom, and 34 per cent Preservation area or Open Space. Bas e d u p o n 4 2 . 0 8 net developable acres, the concept plan proposes 47 per cent Office, a n d 5 3 p e r c e n t Office/Showroom. The Planned Unit Development Concept shows land uses in the most appropr i a t e a r e a s of the site. Office uses are proposed along Nine-Mile Creek and woode d a r e a s t o take advantage of the views and the natural amenities. Office uses are a l s o s u i t e d in these areas because of the varying topography and because mult i p l e s t o r y buildings would allow more open space and trees to be preserved. The cent r a l p o r t i o n of the site, since it has been disturbed considerably by mining operation s a n d s i n c e the land is level with little or no tree cover, would be suitable for th e o n e - s t o r y office/showroom buildings. The Planned Unit Development Concept Plan shows building footprints on t h r e e s i t e s which are part of the first phase of Technology Park III addition. A l t h o u g h t h e building footprints aro conceptual at this time, some general assumptions can be made as to the appropriateness of site development on these lots. S i n c e f u t u r e Golden Triangle Drive will be a major north/south collector street, buil d i n g s s h o u l d be orientated with office Uses facing this roadway. This would me a n t h a t t h e office/showroom Building XI and XII should have a different building c o n f i g u r a t i o n such that the throat of the loading area would not he visible from future Golden Triangle Drive. Access Access to this site will be possible with the completion of Golden Tr i a n g l e D r i v e from Valley View Road to Viking Drive, south of Nine-Mile Creek and the extension of West 761.h Street. The proposed alignment of proposed Golden Triangle Drive will result in the loss of 6"?. oak trees between 10 to 12-inch caliper in size and a major alteration of the hill. A better alignment for Golden Triangle Drive would be to shift the roadway to the west in a manner similar to shot is suggested on Attachment A. Tho degree to which Golden Triangle Drive can be shifted to the west will dopond upon the locotion of the creek crossing and th2 alion ,nent of Golden Triangle Drive throo.;h the Vansge cite to the south. Realignet of Golden Triangle Drive wil l innocence tho Si or of tine preservation area and at the Sannw time reduce the size of the OffiC,' .1r0a tin 1hr! V;0St of the road. It may be appropriate to com b ine these office sites into one largo office parcel. I Technology Park, Phase III 4 March 22, 1985 Golden Triangle Drive will have 70 feet of right-of-way with a two-lane, 37-foot wide road surface. Smetana Lane currently terminates on the western border of this site. Since traffic volumes in the future are expected to be as high as 7,000 trips per day, provisions should he made to connect Smetana Lane from its present terminous over to proposed Golden Triangle Drive. A possible location for Smetana Lane connection would be north of the proposed office sites and south of the proposed showroom sites as indicated on Attachment A. The construction of Golden Triangle Drive and West 76th Street extension should occur concurrent with Phase One of the phasing plan with this construction. Site Grading No mass grading plan has been provided for review at this time. The current alignment proposed for Golden Triangle Drive will result in 2/1 slopes that would remove 62 oak trees. Although no proposed finished road grades have been established for Golden Triangle Drive, it will be necessary to cut the ridge line along the northern edge of this site, since the property to the north is at a lower elevation. Careful planning must occur on the edges of the site not previously gravelled in order to retain as much of the hilly-wooded character as possible. A mass grading plan should be submitted for review, which identifies the areas of cut and fill on-site, as well as location for building •pads, with elevations on all proposed sites. Architecture Information on architecture is limited to a general discussion in the proponent's narrative about the type of building materials proposed that would be similar to Technology Park Phase I and II of which the primary building materials were stucco, metal panel, and glass. Use of these materials may be acceptable within a typical industrial area; however, since these sites will be highly visible from Golden Triangle Drive, a major north/south collector street, and since many of the office sites will visually impact the creek and office areas proposed on the Vantage property to the south of Nine:Aile Creek, Staff would recommend that at least along the perimeter of the site the primary building materials be brick, stone, glass (or equal), or any combination thereof. Use of other materials as an accent not to exceed 25 per cent of the face of any one wall, may be acceptable subject to a performance review of detailed architectural plans. Utilities The mining operations may influence sanitary sewer and storm sewer systems within the site. Further extension of the sanitary sewer served by the Washington Avenue lift station should not occur. The site can be served by the extension of gravity sewer serving the area. There is a 36-inch sanitary interceptor along Nine-Mile Creek. Watermain improvements will require looping of the watermain to Washington Avenue. Storm water run-off will flow into Nine-Mile Creek and will require sedimentation ponds. Two rIimutation ponds are proposed at this time in the northwest and southeast corners of the site Information provided on sewer, water, and storm water plans is general at this time. Staff does know that this site can be served by gravity sewer, water, and storm Technology Park, Phase III 5 March 22, 1985 sewer. The proponent must provide detailed plans to show how each site can be served by utilities. Pedestrian Systems Golden Triangle Drive improvements will include an eight-foot wide hituminus pathway on the west side which will connect to the Vantage site and to an eight-foot bituminus pathway proposed along reconstructed Valley View Road to the north. In addition, there will be a five-foot wide concrete sidewalk along the east side of Golden Triangle Drive that will also connect the Vantage site and Valley View Road. A five-foot wide concrete sidewalk will be constructed along West 76th Street. The proponent is previously bound by the City Council to construct a sidewalk along West 76th Street, past Technology Park Phase I, II, and III. There should be an overall pedestrian circulation plan, which indicates provisions for sidewalks that would not only link sites together, but tie into the proposed sidewalk system along the roadways. Traffic A traffic study, commissioned by the City, has recently been completed that analyzes the impacts of full development expected in this general area and describes road improvements required. The traffic study was originally envisioned to analyze the specific impacts of the Hoyt Development and Vantage Development since this issue was -the focus of discussion when Southwest Crossing Phase I and Technology Park I and II were reviewed by the Planning Commission last year. The traffic study indicates that, based upon ultimate development of the area, traffic generated would exceed capacities of roadways and intersections even with the following recommended improvements: 1. Geometric improvements at 15 intersections. 2. A wider bridge on County Road #18 over 1-494. 3. A wider bridge on Prairie Center Drive/Valley View Road over Trunk Highway #5. 4. A new Washington Avenue bridge over 1-494. 5. Peak hour trip generation of all land uses reduced by 20 per cent. The Technoloey Park III development falls into traffic assignment zones 15 and 16 of the traffic study. Areas 15 and 16 were expected to develop at 1.45 million square feet of be area for office and industrial usage. Traffic forecasts for Areas 15 and 16 in the traffic study were based upon 628,000 square feet of office, 497,000 square feet of warehouse, and 316,000 square feet of general industrial. Areas 15 emiml 16 do include oxiThnn developed areas and undeveloped areas outside of the Technology Park III devolopwnt which v:ould account for 950,000 square feet of building. Ihu ,; traffic projections for Technology III were based upon 500,000 square feet of building area. Technology Park, Phase III 6 March 22, 1985 If the showroom buildings are envisioned to be 33 per cent office, then of the total 499,500 square feet of building area, 294,750 square feet, or 59 per cent would be office, and 204,750 square feet, or 41 per cent, would be warehouse/showroom. If 33 per cent office is assumed for 950,000 square feet of building outside this site in zones 15 and 16 (313,500 square feet), and 628,000 square feet of office total was projected, means that 314,500 square feet of office was projected for Technology Park III. Total trips in zones 15 and 16 are 11,915 trips based on 628,000 square feet of office at 12.3 trips per 1,000 square feet, 497,000 square feet of warehouse, at five trips per 1,000 square feet, and 316,000 square feet of general industrial at 5.4 trips per 1,000 square feet. Technology Park III is 19,750 square feet less office than projected, so net traffic generation would be approximately 150 trips less or a one per cent reduction. Since a reduction of total traffic by 20 per cent will be necessary to allow the traffic system to function even with substantial improvements, land uses in Technology Park III should be modified to reduce traffic by 19 per cent. Since Technology Park III will generate 4,680 trips per day, a 19 per cent reduction represents 889 trips. Converting 125,000 square feet of office to warehouse/showroom, would reduce traffic by 887 trips per day, or 19 per cent. This would mean a Planned Unit Development Concept with 169,750 square feet (34 per cent) office, and 329,750 square feet (60 per cent) warehouse/showroom. The siting of office uses along the creek is the highest and hest use. These sites could be designated corporate headeuarter sites to allow large scale research and development companies like Lee Data, which could orient office uses towards the creek and be office-like in appearance. The percentage of office would be less, even though the total square footage would remain the same. Total traffic would be less and site proposed for office along the creek could remain guided Industrial. Summary The extent to which approvals can be granted at a Planned Unit Development Concept and Guide Plan Change level are dependent upon the level of information provided. Although detailed information relative to mass grading, landscaping, architecture, storm water run-off, and utilities, are lacking at this time, it is important to remember that a Planned Unit Development Concept is being requested and that additional iniormation could accompany a Planned Unit Development District Review, rezoning, or subdivision request. The project can be evaluated in terms of land use, intensity of land use, arrangement of land uses on-site, and required infra-structure necessary to support the development which would include roads, and utilities. The Comprehensive Guide Plan depicts this site as either Industrial, or Residential, uses. Since the majority of the surrounding area is developed as industrial, or proposed as office and industrial, it seems unlikely that residential uses would be appropriate. The use of this site for industrial uses would he consistent with the Comprehensive Guide Plan. Office uses would be appropriate in this location, since office uses are planned to the south of this project on the Vantage piece and the variant topoelwhv, voodod areas and views ocr(Y,s open space makes sense for multiple story office buildings oil ii small building footprints which can retain as much as the existing natural charactristics as possible. Although a Co:aprehensive Guide Plan chanqe has been puhlihod from High Density Resid2ntial/Industrial to Office, Commission may choose not to act on the Comprehensive Guide Plan Chan9e since the ,/(7/:L Technology Park, Phase III 7 March 22, 1985 overall Planned Unit Development Concept proposed based upon the net acreage is 47 per cent office, and 53 per cent office/showroom, or industrial. The Planned Unit Development revisions suggested by Staff would propose 34 per cent office, and 66 per cent warehouse/showroom. This area, as envisioned under the Comprehensive Guide Plan for Industrial uses, would allow up to 50 per cent office. The intensity of land development on this site is low. The gross Floor Area Ratio Is 0.17, while the net Floor Area Ratio is 0.27 both of which are low for office usage, but at the same time are comparable with Floor Area Ratio's in Industrial areas. Floor Area Ratios for each site proposed are at, or below, ordinance requirements for single and multiple story buildings in office or industrial areas. Land uses seem to be located in the most appropriate areas on-site. The large central portion of this site, which has previously been mined and has relatively level slopes, would be suited for office/showroom buildings which require a large, level building pad area. Areas of the site along the creek and adjacent to steeply wooded areas, or steep sloped areas, are best suited for office uses since multi- story buildings, with smaller building footprints, can retain more of the existing site character. The development of this site will require the completion of three major roadways including Golden Triangle Drive, West 76th Street, and Smetana Lane. The alignment of Golden Triangle Drive should be shifted to the west to allow for more of the wooded knoll to be retained in its natural character. Since the realignment of Golden Triangle Drive to the west will reduce the size of the adjacent office area, these two proposed office sites could be combined into one parcel. Information on grading, architecture, site planning, landscaping, screening, signage and lighting, are difficult to comment on at this time since information is general. These site planning details are equally as important as the Planned Unit Development Concept itself. The details of any project typically become the-measure by which we judge the project as successful or not. Submittal of a grading plan with building pad locations and floor elevations is necessary to evaluate the appropriateness of physical alteration of the land forms. A design framework manual is necessary to provide guidelines by which this project can be unified in terms of architecture, access, building materials, landscaping, screening, pedestrian systems, lighting, and signage. This design framework manual was a condition of approval of Technology Park I and II in that prior to any development for the remainder of the property, such a manual would be submitted concurrent with a Planned Unit Development proposal. If the Commission feels comfortable with the Planned Unit Development Concept request as submitted, then Staff would recommend that approval be based upon the following: 1. Continue action on the Comprehensive Guide Plan Change until more detailed information on mass grading, architecture, and site planning is submitted for all proposed uses. ?. Concurrent with any subsequent re7oning/proliminary plat request, proponent shall ubait a macs gradin9 plan, with building pad locations, a mass landscaping plan, prelisainary architectural drayjnoc, detailed sower, water, and slorifi water run-off plans, and a dos ion framework manual, which includes provisions tor c(vslon architrrture, site planning, landscaping, access, screoning, lighting, railways, and signage. //f/', Technology Park, Phase III 8 March 22, 1985 3. Modification of the Planned Unit Development Concept for a realignment of Golden Triangle Drive, west of its present location to save more of the existing land form in the southeast corner of the site, and provide for the extension of Smetana lane from its present terminous to Golden Triangle Drive. 4. Primary building materials shall be of face brick, stone, and glass (or equal), or any combination thereof, with other accent materials subject to a detailed review on a performance basis with the submittal of detailed architectural plans concurrent with rezoning and platting requests. 5. Revision of the land use plan to reflect a 19 per cent reduction in traffic at full development. Development to a higher percentage of office later in the project may be possible if actual traffic counts indicate less traffic is being generated than estimated. 17.‘,s UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMM I S S I O N June 3, 1985 -9- C. Technology Park Refer to staff reports dated May 24, 1985. Lambert introduced Mr. Mike Gaare of Hoyt Development. M r . G a a r e showed an aerial photo of the site which -was taken in April of 1984. The site is located on 66 acres with Nine Mile Cre e k t o t h e north. The developer has completed two buildings and the t h i r d building is under construction. The request is for the f o u r t h building in the development. Caere pointed out existing zoning and said the site is we s t o f Golden Triangle Drive with open space to the south. The d e v e l o p e r is requesting concept approval for 23 acres east of Gold e n T r i a n g l e Drive. Kingrey asked what color the exterior of the building wi l l be. Caere said it will be in gray tones. Lambert said there are actually two requests being submi t t e d f o r Approval. They are the comprehensive guide plan change f r o m industrial/high density residential to office on 19.65 a c r e s , a planned unit development concept review on 68.36 acres a n d a n environmental assessment worksheet on 68.36 acres. He r e c o m m e n d s approval per the staff report. MOTION: Cook moved to recommend approval of Technology P a r k , P h a s e hi per staff report, but adding a retaining wall to be cons t r u c t e d north of the creek to save more of the trees. Kingrey s e c o n d e d t h e motion and it passed 6-0. -= 6 B. TECHNOLOGY_ PARK, by Technology Park Associates. Request for Comprehensive Guide Plan Amendment from Industrial/High Density Residential to Office on 19.65 acres; Planned Unit Development Concept Review on 68.36 acres for Office, Office/Showroom uses; and Environmental Assessment Worksheet Review on 68.36 acres. Location: South and East of Valley View Road, West of Washington Avenue, North of Viking Drive. A continued public hearing. Planner Enger reviewed the progress on the item since the previous meeting, responsive to Commission concerns involving Smetana Lane extension, traffic volumes, and final alignment for Golden Triangle Drive. Mr. Brad Hoyt, proponent, stated that, after review of the items of concern to the Commission, and discussions with Staff, proponents would prefer to defer the issue of the Smetana Lane extension at this time, until further information on the necessity of connecting this road was available. Regarding the alignment of Golden Triangle Drive, Mr. Hoyt stated that he had worked with his consultants to move the road further to the west, as suggested by the Commission. The revised plans showed the road 62 ft. further west than the original submission. He added that this alignment would save the top 50 ft. of the hill and would not require any retaining walls adjacent to the proposed parking lots within the 'development. Mr. Hoyt stated that he was in the process of negotiating with the property owner to the north for fill to correct the elevations of the property caused by the mining operation over the past several years. Mr. Hoyt pointed out that, in order to grade the building pads for the property east of proposed Golden Triangle Drive, and to grade Golden Triangle Drive, itself, it would be necessary also to grade a portion of the property on the west side of proposed Golden Triangle Drive to achi•eve a balance of the materials on the site. Mr. Hoyt expressed concern, in particular, for the northwest portion of the site, which was a wooded site, the elevations of which would be difficult to deal with in relation to the existing elevations on surrounding properties. He suggest ,..td that the best alternative for this northwest portion of the property would be to grade it to the elevations of the surrounding preperties. Also, Mr. Hoyt stated that the area adjacent to the Cher no site, aleng the west property ii no and from which there was a 12 ft. elevation difference to the subject property, would be restored for a more suitable transition of the grades between the two properties. Chairnan Schuck stated that it would be difficult to make a decision relotive to the oralinn of the northwest lrea of the site without a tree inventory of this pert ice of the property. lie sul9ested that the inventory be propdrod or l'italf and Comnission review. Mr. Hoyt concurred that it would ho holptul tor evaluation of site napacts. Planner Enger reviewed a brief history of the mining operation on the Planning Comnission Minutes 3 April 8, 1985 property. He explained that the current average e l e v a t i o n o f t h e p r o p e r t y was below that approved by the mining permit and t h a t i t d i d n o t a p p e a r t h a t the property had yet been restored to the approve d e l e v a t i o n o f t h a t p e r m i t . Also, the plan proposed by proponents did not sh o w t h e f i n a l e l e v a t i o n s t o be at the elevation approved by that permit. He s t a t e d t h a t t h e S t a f f w o u l d require additional time to evaluate the differ e n c e b e t w e e n t h e s e p l a n s . Staff would also require the tree survey for the a r e a a d j a c e n t t o N i n e M i l e Creek to determine whether trees in that area co u l d b e , o r s h o u l d b e , s a v e d . Regarding the relocation of Golden Triangle Driv e , P l a n n e r E n g e r s t a t e d t h a t the revised location represented a better plan i n t h a t i t d i d n o t r e q u i r e a "sheer cut" of the hill. Regarding the extension o f S m e t a n a L a n e , h e s t a t e d that it would be Staff's recommendation that it n o t b e c o n n e c t e d u n t i l s u c h time as the character of Smetana Lane changed, we s t o f t h e s u b j e c t p r o p e r t y . The existing character of Smetana Lane was sing l e f a m i l y r e s i d e n t i a l . H e added that it would be important to maintain the o p t i o n f o r e x t e n s i o n o f t h e road in the future. Gartner asked whether, as part of the gravel mi n i n g l i c e n s e i s s u e d b y t h e City, a bond had been posted for guarantee o f t h e r e s t o r a t i o n o f t h e property. Staff responded that a bond had been p o s t e d ; h o w e v e r , t h e m i n i n g operation had not yet been completed and opport u n i t y f o r r e s t o r a t i o n s t i l l existed. Gartner asked when City Staff had become aware of t h e a m o u n t o f m i n i n g w h i c h had taken place on the property. Planner Enger r e s p o n d e d t h a t t h e C i t y , a s recently as three years ago, had become aware th a t t h e r e m a y n o t b e e n o u g h material on the site, itself, for restoration o f t h e p r o p e r t y . A t t h a t time, City Staff inspected the site and determin e d t h a t t h e r e w a s a d e q u a t e material available for restoration purposes. Mr. Hoyt added that, based upon their earlier pr o p o s a l f o r t h e p r o p e r t y , i t would require approxiately 1,000,000 cubic yard s t o b r i n g t h e p r o p e r t y up to the approved elevation per the mining permit issu e d by the City. Planner Roger stated that since 1975, the Engi n e e r i n g D e p a r t m e n t h a d b e e n responsible for monitoring of the mining oper a t i o n . H e s t a t e d t h a t , i n discussions with the Engineering Department, i t w a s d e t e r m i n e d t h a t t h e mining, for the most part, had taken place wit h i n t h e b o u n d a r i e s o f t h e permit issued. Chairman Schuck stated that he felt it would be i m p o r t a n t f o r S t a f f t o h a v e additional time to review a tree inventory and th e m a s s g r a d i n g f o r t h e s i t e to compare proposed and existing elevations of t h e p r o p e r t y . H e a d d e d t h a t he felt the proponent had done a good job in tryi n g t o m i t i g a t e t h e c o n c e r n s of the Comnission and Staff with the revised plan . Mr. Frank Smotana, Sr., 7630 Smetana Lane, stat e d t h a t h e w a s i n f a v o r o f maintaining Smetana Lane in its current resident i a l s t a t u s . Mr. Frank STetsina, Jr., "IT?? Smtana tone, state d that, at the time of review of tbo mining permit in 1975, it was felt that the final p l a n s w e r e a co:two:Ike betwen what as proposed by the deve l o p e r s f o r f i n a l u s e o f t h e property and tinal elevations, and that he d i d n o t f e e l any further Planning Comnission Minutes 4 April 8, 1985 compromises should be made by the residents in this area. He added that he felt the Smetana Lane area had been protected by the 1975 plan with a specified final elevation for the property. He stated that he did not feel the property should be allowed to develop until it could be filled to the elevations approved by the 1975 plan. Also, the 1975 plan showed a High Density Residential use along the west border of the property, while the proposed plan did not. Planner Enger explained that the designation of land use for this area was for either High Density Residential, or -Industrial, or both on the Comprehensive Guide Plan. Ms. Marilyn Heath, 7665 Smetana Lane, stated that she was concerned with the northwest area of the property with respect to tree loss. She also expressed concern regarding the widening of the creek, which she had observed over the recent past and regarding the drop in elevation from the Cherne property to the subject property. Staff explained that the widening of the creek had been done by design of the storm water drainage system in the area and was according to plans reviewed and approved by the Watershed District for sedimentation control. Ms. Heath stated that she would be more comfortable with a definite final grade established for the property. Gartner stated that she was concerned about the enforcement of Code in with respect to the situation involving the mining operation on the site, adding that the Code had been adopted to prevent such things from taking place. Gartner stated that she did not feel the Commission could act on the east half of the proposal without knowing how the west half of the property will Ire invaded. She added that she had no problems with the the east half of the proposal as presunted at this meeting. Mr. Don Bundlic, 700 S. Meadow Lane, Golden Valley, attorney for Mr. William Pearson, owner of the subject property, stated that he was uncertain that a final elevation had been established by the mining permit. MOTION 1: Motion was made by Gartner, seconded by Johannes, to continue the public hearing pending additional information including a tree inventory for the northwest portion of the property and a mass grading plan, all to be reviewed by the City Staff prior to Commission review. Motion carried-4-0-0 Planning Commission Minutes 4 March 25, 1985 ALIA C. FDFN PRAIRIE TFCPTY OrY DARK III by Technology Park Associates. Requost tor Comprehensive Guide Plan Ailend:uent from Industrial/High Density Residential to Office on 19.65 acres, Planned Unit DevolopTnt Concept for 63.36 acres for Office and Office/Showroom uses, and Envirer2ental Assossuenit Worksheet Review on 63.36 acres. Location: Sonth and East of Valley Viow Road, West of Washington Avenue, North of Vikinu Drive. A public hearing. Planning Comnission Minutes 5 March 25, 1985 Mr. Mike Gair, representing proponent, reviewed the site cha r a c t e r i s t i c s a n d proposed development of the property. He explained where va r i o u s u s e s w e r e proposed on the site and where natural features and majo r p u b l i c u t i l i t i e s and facilities would be located. Mr. Gale stated that the project was proposed for less . than a 0.30 floor area ratio overall. Planner Franzen reviewed the findings and recommendati o n s o f t h e S t a f f Report regarding the project. Of major concern were tra f f i c v o l u m e s , traffic patterns, and the location of Golden Triangle Dr i v e t h r o u g h t h e property. Planner Eiger stated that the Staff Report recommendation for a r e d u c t i o n i n the amount of traffic generated from the site did not necess a r i l y m e a n t h a t the amount of square footage needed to be reduced. He po i n t e d o u t t h a t t h i s could be accomplished in several different ways, including, a d i f f e r e n t m i x of land uses, ride-sharing programs or transportation managem e n t , v a r i a t i o n in the hours of operation of the uses, or by controlling th e o c c u p a n c y o f the structures. All of these methods would have a positive i m p a c t t o w a r d s traffic reduction. Planner Criger stated that the proposed uses were consi s t e n t w i t h t h e Comprehensive Guide Plan, adding that the final land use des i g n a t i o n s c o u l d remain open at this time. For example, a final user wit h a c o r p o r a t e , headquarters structure, or a research and development us e , c o u l d a f f e c t traffic volumes. Marhula asked if traffic had been evaluated for the major o f f i c e p r o j e c t south of this site. Staff responded that it would be at the t i m e o f r e v i e w of their proposal. Submittal of that proposal was expected s o o n . Mr. Brad Hoyt, proponent stated that he felt it would be d i f f i c u l t t o relocate Golden Triangle Drive through the property in a mann e r w h i c h w o u l d save the hill in the south-central portion of the site a n d a l l o w f o r adequate lot depths for office sites along the southwest p o r t i o n s o f t h e property. He stated that he had discussed this with his eng i n e e r s a n d t h a t an alternative plan relocating the road 50 ft. to the west ha d b e e n o f f e r e d . Mr. Hoyt stated that, in his opinion, this was the greates t a m o u n t o f relocation possthie to moot both the needs of the City for saving the hill and the needs of proponents for adequate lot sizes to the w e s t o f t h e r o a d . Mr. Hoyt stated that he felt the proposed development to the s o u t h , w h i c h was lamely office, would be the lamest generator of traffic for this area. He pointed out that the volume of development allowed on this site and the mix of uses whirl) would he proposed, were not under his c o n t r o l f o r t h e property to the south. However, they would he using the roads through his property. Regarding extension of Saptena Lane as proposed by the dr a f t t r a f f i c s t u d y for the acea, Hoyt !-,Lat,..d that he did not reel extension of the road was necessary ior this dovoloplont. Staff stated that they would be interested in reviewing t h e p r o p o s e d 9(c.),% Planning Conmission Minutes 6 March 25, 1985 realignment of Golden Triangle Drive 50 ft. to the w e s t a n d t h a t t h e y w o u l d be willing to review the possibilities of elimina t i o n o f t h e e x t e n s i o n o f Smetana Lane. However, it would be incumbent upon p r o p o n e n t s t o r e f u t e t h e information provided by the traffic engineers in t h e d r a f t o f t h e t r a f f i c study done for the City. Chairman Schuck asked for comments and questi o n s f r o m m e m b e r s o f t h e audience. There were none. Marhula stated that he felt there were several iss u e s y e t t o b e r e s o l v e d f o r this major project including the alignment of G o l d e n T r i a n g l e D r i v e , extension of Smetana Lane, and a possible 20% reduc t i o n i n t r a f f i c v o l u m e , and that perhaps the item should be postponed to a l l o w r e s o l u t i o n o f t h e s e issues. Chairman Schuck stated that he felt that Golden T r i a n g l e D r i v e s h o u l d b e moved as far west as possible for purposes of mai n t a i n i n g t h e h i l l i n t h e south-central portion of the site. Gartner concurr e d . Marhula stated that he felt the land uses proposed w e r e a p p r o p r i a t e f o r t h e property, if the traffic issues could be resolved. MOTION: Motion was made by Gartner, seconded by Bye, to co n t i n u e t h e p u b l i c h e a r i n g to the meeting of April 8, 1985, to allow Staff and p r o p o n e n t s a d d i t i o n a l time to resolve issues raised at this meeting. Motion carried--5-0-0 CITY or EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #85-152 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PARKWAY APARTMENTS FOR BAR-ETT CONSTRUCTION COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Parkway Apartments, for Bar-Ett Construct i o n C o m p a n y , dated May 6, 1985, consisting of 35.9 acres into five lots with road r i g h t - o f - w a y , for construction of five, 73-unit apartment buildings, a copy of which i s o n f i l e a t the City Hall, is found to be in conformance with the provisions of the E d e n P r a i r i e :Zoning and Platting ordinances, and amendments thereto, and is herein ap p r o v e d . ADOPTED by the Eden Prairie City Council on the 18th day of June, 1985. Gary D. Peterson, Mayor ATTEST: John O. Franc, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-153 A RESOLUTION FINDING THE AMENDED ENVIRONMENTAL ASSESSMENT WORKSHEET FOR PARKWAY APARTMENTS, A PRIVATE ACTION, DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a hearing on June 18, 1985, to consider the Parkway Apartments proposal of Bar-Ett Construction Company; and, WHEREAS, said development is located on approximately 35.9 acres of land located east of Mitchell Road and east of Chestnut Drive in Eden Prairie; and, WHEREAS, the Eden Prairie Planning Commission did hold a public hearing on the Parkway Apartment proposal of Bar-Ett Construction Company and did recommend approval of the Environmental Assessment Worksheet finding the project of no significant impact; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, that an Environmental Impact Statement is not necessary for the Parkway Apartment proposal of Bar-Ett Construction Company, because the project is not a major action, does not have significant environmental effects, and is not of more than local significance. BE IT FURTHER RESOLVED, that a Negative Declaration Notice shall be officially filed with the Minnesota Environmental Quality Council. ADOPTED this 18th day of June, 1985. Gary D. Peterson, Mayor ATTEST: John D. Frane, City ik STAFF REPORT TO: FROM: nifTurN- DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: The Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning May 24, 1985 Parkway Apartments Intersection of Chestnut Drive and future Anderson Lakes Parkway. Bar-Ett Construction Company Galaxy Developers 1. Zoning District Change from Rural to RM-2.5. 2. Preliminary Plat of 35.9 acres into five lots with road right-of-way. 3. Review of Environmental Background The Comprehensive Guide Plan depicts this site for a Medium Density Residential land use for up to ten units per acre. This request is for 10.17 units per acre, which is 1.7% in excess of the general Com- prehensive Guide Plan Density range. This is five units out of 365 total. On this size of site, the difference is insignificant and should not necessitate a Comprehensive Guide Plan Change. The Comprehensive Guide Plan depicts surrounding land uses as Medium Density Residential. Chestnut Apartments (12 d/u per acre) and Burning Tree West Apartments (10.5 d/u per acre) abut the western borders of this site. Deer Crick Addition to the southwest of the site is guided Medium Density Residntial (theueh zoned RI -9.5) at a density of 3.5 d/u per acre. The existino site character can generally he described as relatively Parkway Apartments 2 May 24, 1985 level to gently rolling with slopes varying between 3% to 14%. Th e r e a r e t w o k n o l l s In the central portion of the site at elevation 054 and 8 4 8 . T h e 1 0 0 - y e a r floodplain at elevation 824 is located on the north central bo r d e r o f t h e s i t e . T h e natural drainage of the site flows from the southwest towards the m a r s h a r e a . T h e r e is some existing vegetation in the form of scattered clusters o f b o x e l d e r , e l m , willow, pine, and linden. An Environmental Assessment Worksheet is required for this p r o j e c t , s i n c e i t involves more than 150 attached multiple units in a third, or fou r t h , c l a s s c i t y . Site Plan The site plan involves the construction of five, 73-unit apar t m e n t b u i l d i n g s , o n 35.9 acres of land, at a gross density of 10.17 units per acre, a n d a n e t d e n s i t y o f 11.09 units per acre excluding road right-of-way. Each building will be three stories high, with a gross squar e f o o t a g e o f 8 5 , 0 5 0 square feet. For five buildings the total would be 425,250 squa r e f e e t , a t a F l o o r Area Ratio of 0.27. The RM-2.5 zoning district would allow a Fl o o r A r e a R a t i o u p t o 0.5 for multi-story buildings. Building and parking areas meet minimum setbacks to proper t y l i n e s . S h o r e l a n d setbacks will not apply, since the site is in excess of 300 f e e t f r o m t h e c e n t e r line of Purgatory Creek. For 365 units, the Code would require parking for 730 veh i c l e s , b a s e d u p o n a requirement of two parking spaces (including one garage) for e a c h u n i t . A t o t a l o f 730 parking spaces are provided, half of which are enclosed und e r t h e b u i l d i n g s . Access to this site will be from Anderson Lakes Parkway and a pr o p o s e d p a r k a c c e s s road. The proposed park access road is the western entrance to the Purgatory Creek recreational area. Grading. Mass grading is proposed for the entire site. Buildings A, 8, C, a n d 0 , w i l l e i t h e r be cut into knolls or the side of a hill. Although the basemen t f l o o r e l e v a t i o n s would suggest that a substantial amount of cut is required, it should be poin t e d o u t that the first floor elevations will be approximately eight to t e n f e e t h i g h e r , a n d match fairly closely to the existing grades on the site. Buildin g E w i l l r e q u i r e u p to 9 feet of fill to meet the basement floor elevation. Portions of the underground parking area will be visible on e a c h b u i l d i n g . T h e degree to which the parking is visible depends upon the proposed gradi n g a r o u n d t h e base of the building. Building E has a constant elevation at 813 a r o u n d t h e b a s e o f the building, meaning that four feet will be visible around th e e n t i r e b u i l d i n g . . The amount of parking area visible on Buildings A, B. C, and 0, will vary between zero to four feet, since the buildings are being tucked into the knolls or slopes on the site. All regradot areas on -site will have shallow slopes between 2% to 15%. lhe steepest slope en -site is at 4/1 and is located on the northeast side of Buildine I. and the south side of Building A. Overall, the beat ion of buildings on -site works well with the existing grade. Proposed regrading of the site will result in first floor b u i l d i n g e l e v a t i o n s t h a t Parkway Apartments 3 May 24, 1985 are five to ten feet above Anderson Lakes Parkway, a n d t h e p r o p o s e d a c c e s s r o a d . Since buildings 011 be higher than adjacent roadw a y s , b e r m i n g w i l l b e n e c e s s a r y throughout the site to help reduce the overall massi v e a p p e a r a n c e o f t h e b u i l d i n g s . The landscape plan indicates areas for some berming; h o w e v e r , t h e r e a r e o t h e r a r e a s on-site, noted on Attachment A, where berming or mass p l a n t i n g s w o u l d b e h e l p f u l . There are four retaining walls proposed. Two small r e t a i n i n g ' w a l l s i n f r o n t o f Building E are three feet in height. Two retaining wal l s a r e p r o p o s e d f o r B u i l d i n g A. The retaining wall along the south side of the acce s s d r i v e i n t o t h e u n d e r g r o u n d parking area is approximately five feet in height a n d 1 1 0 f e e t i n l e n g t h . T h e retaining wall in front of the building, adjacent - t o t h e p a r k i n g a r e a , i s approximately five feet high and 160 feet in lengt h . P r o p o s e d r e t a i n i n g w a l l s should be constructed of materials architecturally i n t e g r a l t o t h e b u i l d i n g . T h e proponent should submit details of the proposed r e t a i n i n g w a l l s f o r r e v i e w indicating structural soundness and type of proposed ma t e r i a l s . Architecture Five, three-story, 73-unit apartment buildings, are pr o p o s e d t o b e c o n s t r u c t e d . T h e height of the buildings will vary between 40 to 44 f e e t a b o v e t h e g r o u n d l e v e l , depending on how much of the lower level garage i s e x p o s e d a b o v e g r a d e . T h e buildings are proposed to be constructed primarily o f f a c e b r i c k , w i t h s o m e w o o d siding as an accent on the private exterior balconie s . F o r e x p o s e d g a r a g e - areas, the building material should be facebrick. The buil d i n g w i l l h a v e a r e s i d e n t i a l character because of the gable roofs and eight-f o o t j o g s p r o p o s e d a r o u n d t h e building. Although the building size (73 units/building) is sma l l i n t e r m s o f n u m b e r o f u n i t s , the buildings together will still appear massive fr o m v a r y i n g v i e w p o i n t s . S i n c e the buildings are constructed in a letter "Y" configu r a t i o n , t h e w i d e a n g l e d v i e w o f the building will vary between 200 feet at the shor t e n d , t o 2 8 0 f e e t w i d e a t i t s widest point. Edenvale Apartments is 330 feet at the s h o r t e n d a n d 4 4 0 f e e t a t i t s widest point. The gable roofs and building projecti o n s a r e h e l p f u l ; h o w e v e r , t h e site plan would benefit from additional berming and m a s s p l a n t i n g s w h i c h w o u l d provide a more selective view of the mass of the buildin g . The typical end elevation for the garage entrance i s p l a i n c o m p a r e d t o o t h e r building elevations. This elevation would benefit f r o m a c o n t i n u a t i o n o f t h e architectural style shown on the front and rear elev a t i o n s i n c l u d i n g g a b l e r o o f s and/or building projections to add more interest. Utilities Sewer and water service can be provided to this site. S e w e r s e r v i c e c a n b e p r o v i d e d by connecting to an existing 18-inch sanitary sewer li n e , w h i c h r u n s i n a n e a s t - w e s t direction across the central portion of the site. Wat e r s e r v i c e c a n b e p r o v i d e d t o each of the units by connection to a proposed 16-inch w a t e r m a i n i n A n d e r s o n L a k e s Parkway. An eioht-inch water line will be extended to e a c h o f t h e u n i t s a n d l o o p e d to provide adequate fire protection. The majority of storm water run-off is proposed to d r a i n t o t h e m a r s h a r e a i n t h e north and central portion of the site. Storm water r u n - o f f w i l l f l o w a c r o s s t h e park na into catch basins located within the pa r k i n g l o t o r l o c a t e d a l o n g either Anderson takes Parkway or the proposed park acc e s s r o a d . Parkway Apartments 4 May 24, 1985 In the northwest corner of the site, there is an existing 50- f o o t s t o r m s e w e r easement over an open swale, which carries water from a 42-inch stor m s e w e r p i p e o n the east side of Anderson Lakes Parkway over to the marsh area. Thi s 4 2 - i n c h s t o r m sewer pipe should be extended to the marsh area. Some of the storm w a t e r r u n - o f f will flow in an easterly direction along the proposed park access r o a d f r o m a h i g h point at the eastern most entrance to Building B. Since develepine n t o f t h e l a n d area to the east of this site is indefinite at this time period, t h e r e w i l l b e a need to develop a temporary storm drainage solution to take the stor m w a t e r r u n - o f f from the end of the proposed roadway to the nearest outlet. Traffic A total of 2,190 average daily trips will be generated from a proje c t o f t h i s s i z e based upon a trip generation rate of six trips per unit. Altho u g h n o d e t a i l e d traffic study has been completed, Staff would expect the majority of t r a f f i c t o e x i t this site and take Anderson Lakes Parkway to Mitchell Road, to H i g h w a y # 5 . I n addition, future development of 30 acres, east of this site, guide d M e d i u m D e n s i t y Residential, would generate an additional 1,800 total daily trips . B e c a u s e o f t h e total anticipated traffic, it will be necessary to expand the rig h t - o f - w a y a t t h e intersection of the proposed park access road and Anderson Lakes Pa r k w a y t o 8 0 f e e t in order to accommodate three lanes of traffic, including one in-b o u n d l a n e a n d t w o outbound lanes with one lane for left-turn to southbound Anderson L a k e s P a r k w a y , a n d one lane for through traffic to Chestnut Drive, and a right tu r n t o n o r t h b o u n d Anderson Lakes Parkway. (See Attachment B) The proponent should p r o v i d e a d e s i g n of the intersection geometrics similar to Attachment B for review b y t h e C i t y Engineering Department. Driveway entrances onto the proposed park access road from Building s B , C , 0 , a n d E , should either align opposite from each other, or be offset a minimu m o f 1 5 0 f e e t . Landscafling For a project of this size, the Code would require a minimum of 1,3 2 9 c a l i p e r i n c h e s of trees based upon a ratio of one caliper inch for every 320 squar e f e e t o f g r o s s building square footage. Since the buildings are proposed to be three s t o r i e s h i g h , 50% of the total caliper inch requirement must be a minimum of 2. 5 c a l i p e r . T h e remaining 50% of the caliper inch requirement would be divided equal l y i n t o c a l i p e r inch categories outlined in the Code. The requieements are as follows: 265 (2.5 caliper inches), 44 (3 caliper inches), 35 (3.5 caliper inches), 3 3 ( 4 c a l i p e r inches), 30 (4.5 caliper inches), and 27 (5 caliper inches). Coniferous trees are considered equivalent to shade trees by dividing the total hei g h t o f t h e c o n i f e r o u s trees by 2.4. This means that a 2-inch caliper tree is equiva l e n t t o a s i x - f o o t coniferous tree, and a five-inch caliper shade tree would be equivalent to a twelve foot conlferous tree. The proposed landsu:ne plan indicates a range in caliper inches provided betw e e n 1,014 to 2,104 based upon a range of caliper inch sizes of 2.5 to 4 inch caliper and a coniferous tree height range of 6 to 14 feet high. A more detailed landscape plan must be h:i it.tid (or review which indicates specific tree types, quantities, s i z e s , and calculation of the caliper inches provided. Portion; of the parking area ,. will be visible from public roads. (See Attachment A) In these areas, increased berm height should be provided, com b i n e d w i t h m a s s Parkway Apartments 5 May 24, 1985 plantings. Previous sections identified a need for berming and mass plantings to help reduce the overall building mass of the project. Attachment A also indicates where additional berming and/or mass plantings are necessary. To provide better transition to the existing and future single family homes in the Deer Creek Addition, the landscape plan would benefit from substantial mass plantings of large shade trees and coniferous trees along the southern border of the site. Open Spice/Pedestrian Systems The Purgatory Creek recreation complex is proposed directly east of this site. (See Attachment C) Road improvements to Anderson Lakes Parkway will include a five-foot wide concrete sidewalk on the south and west sides, and an eight-foot wide bituminus trail on the north and east sides. The proposed park access road should include a five-foot wide concrete sidewalk on the north side and an eight-foot wide bituminos trail on the south side. The site plan should also include sidewalk connections from each building to the proposed sidewalk and trail system. (See Attachment 0) A Cash Park Fee will be required for this project on a per unit basis. The marsh area in the north central portion of the site, depicted as 100-year floodplain, if dedicated to the City, should be dedicated as an outlet free and clear of all encumbrances, liens, mortgages, and other restrictions. STAFF RECOMMENDATIONS Staff would recommend approval of the rezoning and preliminary plat request subject to the recommendations of the Staff Report, dated May 24, 1985, based on plans, dated May 6, 1985, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Modify the landscape plan to identify plantings by type, size, .quantity, and caliper inches in conformance with the landscape ordinance, and provide additional hemming and mass plantings to add visual interest to the site and break up the overall building mass. Also, provide additional mass plantings as a buffer between Building A and adjacent homes in the Deer Creek Addition. B. Modify the garage end elevation to be consistent with other building elevations continuing the gable roof line and building projections to add visual interest. C. Modify the intersection geometries between Anderson Lakes Parkway and the proposed park access road according to Attachment B. D. Extend a 42-inch storm sewer pipe from Anderson Lakes Parkway to the floodplain area. E. Construct sidmmlks and trails where noted on Attachment E, and provide connections from each building to the proposed sidewalk and trail system. F. Provide a temporary solution . for storm water drainage from the east end of the proposed park access road to the nearest outlet. Parkway Apartments 6 May 24, 1985 2. Prior to Final Plat, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off, erosion control, and utility plans to the City Engineering Department for review. C. Dedicate the floodplain area in the north central portion of the project free of all liens, mortgages, and other restrictions. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Submit color samples of proposed exterior building materials for review. D. Submit lighting and signage details for review. '716. ; ..... • • • • , • . , 111.4mtivcd: IN , C.11:10 1!1C 7 I ctir.sTtILIT I !ILL Al Al TS.1' • • • • i .• ' I . 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Parkway Apartments Refer to staff report dated May 24, 1985. • Lambert introduced Mr. James Cooper, architect for Galaxy Developers. Mr. Cooper reviewed the Parkway Apartments site plan located on the east end of Chestnut Drive and future Anderson Lakes Parkway, south of Mitchell Pond. The site is on uneven terrain with few hills and a sparse amount of trees. There are five three story apartment buildings plannpd on the site, each with 73 units plus a recreation building. Each building will have its own pool, 'totlot and tennis court with a half basketball court. There will also be an indoor pool. Kingrey asked if these buildings will be visible from the Purgatory Creek recreation 3fea. Lambert said they won't necessarily be visible, particularly if more construction is done in the area. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 3, 1985 -10- Lambert said the developer will dedicate the floodplain area on the north end of the site to the City and pay cash park fees. Kingrey asked how many three bedroom units there would be in these buildings. Cooper said there is one three bedroom unit in each building. Kingrey expressed concern that there would not be playground areas available near the apartments for older children. Lambert said that in most cases, families living in apartments have pre-school age children. Red Rock Park is the closest neighborhood park in the area. Cook asked what the blue areas are shown on the site plan. Cooper said these are three swimming pools and two tennis courts. MOTION: A motion was made by Gonyea to recommend approval of the Parkway Apartments. Cook seconded the motion and it passed 6-0. — JUNE 18,1985 2( VOID OUT CHECK 2(4.II5 VOID OUT CHECK 20796 HOPKINS POSTMASTER POSTAGE-SUMMER PROGRAM FLYERS 20797 WENDY BURNS CARLSON SKATING INSTRUCTOR/FEES PD 20798 LORI COLE SKATING INSTRUCTOR/FEES Pt) • 20799 PEGGY LONG SKATING INSTRUCTOR/FEES PD 20800 JOYCE PHELPS SKATING INSTRUCTOR/FEES PD 20301 JACOB ROBERG REFUND - SWIMMING CLASSES 20802 NORTHERN STATES POWER CO SERVICE 20803 ED PHILLIPS & SONS CO WINE 20304 INTERCONTINENTAL PCKG CO WINE 20805 EAGLE WINE CO WINE 20806 TWIN CITY WINE CO WINE 20307 JOHNSON BROTHERS WHOLESALE LIQUOR LIQUOR 20808 CAPITOL CITY DISTRIBUTING CO WINE 20809 PRIOR WINE CO WINE 20310 QUALITY WINE CO LIQUOR 20311 GRIGGS COOPER & CO INC LIQUOR 20312 DANA GIRDS PACKET DELIVERIES 20813 COMMISSIONER OF REVENUE FEES-ASSESSING DEPT 20314 MINNESOTA NEC & PARK ASSN CONFERENCE-COMMUNITY SERVICES 20815 CITY-COUNTY CREDIT UNION PAYROLL 5/31/85 20816 FEDERAL RESERVE BANK PAYROLL 5/31/35 20817 COMMISSIONER Of REVENUE PAYROLL 5/31/85 20"1 8 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 5/31/85 4 AETNA LIFE INSURANCE CO . PAYROLL 5/31/85 200.20 MINNESOTA STATE RETIREMENT SYSTEM PAYROLL 5/31/35 20821 GREAT WEST LIFE INSURANCE CO PAYROLL 5/3/135 20822 UNITED WAY OF MINNEAPOLIS PAYROLL 5/31/85 20823 PERA PAYROLL 5/31/85 20824 LANE INSURANCE INC INSURANCE-LIQUOR STORE 20325 DALE CARLSON REFUND-MEMBERSHIP FEES 20826 MARTA BIEGLER REFUND-RACQUETBALL CLASSES 20827 STEVEN LEIPOLD REFUND-RACQUETBALL CLASSES 20828 JOHN WILLARD REFUND-RACQUETBALL CLASSES 20829 STUART ALEXANDER REFUND-RACQUETBALL CLASSES 20830 DONNA K DOLNY REFUND-RACQUETBALL CLASSES 20831 JOHN TOWNSEND REFUND - RACQUETBALL CLASSES 20332 TERRACE KROUTH REFUND-RACQUETBALL CLASSES 20833 SANDY HAAPALA REFUND-RACQUETBALL CLASSES 20334 MARY BUELL REFUND-RACQUETBALL CLASSES 20835 BETH ROWDY REFEIRD-RACQUETTALL CLASSES 20836 KAREN TURNER REFUND-RACQUETPALL CLASSES 20837 BILL KLAUS REFUND-RACQUE1RALL CLASSESS 20838 LISA RIEPE REFUND-MEMBERSHIP FEES 20339 PETTY CASH ROUND LAKE MARINA CHANGE FUND 20140 PETTY CASH BAIT FOR MARINA-ROUND LAKE 20841 WESTERN LIFE INSURANCE CO INSURANCE 20142 :hS 1H HEALTH PLAN INC INSURANCE 2' '3 GRER!R BEAM PLAN INC INSURANCE PkYsIcIANS RAIM PLAN INSURANCE 1C15 STATE OF MIENES0TA BIKE REGISTRATIONS 20916 JOURSRN HRMLERS WHOLESALE LIQUOR E1Q003 70147 081091 COOPER & CO INC LIQUOR 20948 INIERCoNliRLNIAL PCKG CO WINE 420.00- 55.00- 133.63 240.00 90.00 90.00 10.00 3.25 392.29 3413.71 616.15 659.91 712.60 524.10 49.74 255.64 1151.18 2579.64 65.00 24.00 15.00 1330.00 19507.60 10457.49 14552.14 120.00 10.00 5313.00 350.43 17386.53 2062.00 67.00 26.00 4.50 4.50 4.50 4.50 4.50 4.50 4.50 4.50 4.50 4.50 4.50 27.00 20.00 10.00 825.74 5645.30 2014.30 12644.4? 65.00 3155.11 . 4823.5? 325.70 11133370 20849 ED PHILLIPS & SONS CO • 20850 TWIN CITY WINE CO 20351 QUALITY WINE CO 20552 EAGLE WINE CO 2253 PRIOR WINE CO 203r PAUSTIS & SONS CO 2035., PETTY CASH 20355 GREAT AMERICAN MARINE 2257 MINNESOTA INSTITUTE OF LEGAL 20358 KATHY STELEFRG 2259 ERIN NELSON 26550 MICHAEL K EPPS 20351 PAMELA PERKINS 20362 PATRICK PERKINS 20553 SUPPLEE ENTERPRISES INC 20584 RALPH KRATOCHVIL 20355 ANGELA G WEGENER 20555 COLLEEN HOLLAND 20557 MATT RUDE 20868 KRISTEN FACKLER 20359 DAVID WRIGHT 20370 MATTHEW WRIGHT 20871 BRANDON BENZ 20272 LUKE LINDEMAN 20373 PAM BOSACKER 20374 LAURIE ACKER 20875 PREMIER RENT A CAR 20376 REX DISTRIBUTING CO INC 20877 THORPE DISTRIBUTING CO COCA COLA BOTTLING CO ( MARK VII SALES Gu CITY CLUB DISTRIBUTING CO 20581 DAY DISTRIBUTING CO 20082 KIRSCH DISTRIBUTING CO 206:33 PEPSI/7-UP BOTTLING CO 20584 ROYAL CROWN BEVERAGE CO 20885 EAST SIDE BEVERAGE CO 20505 BEER KHDLESALERS INC 2C057 HOPKINS POSTMASTER 20888 NATIONAL REGISTRY EMT 20389 A COMMERCIAL DOOR COMPANY 20050 A TO Z RENTAL CENTER 20891 ACT ELECTRONICS INC 20032 AMERICAN FIRE JOURNAL 20093 AMERICAN LINEN SUPPLY CO 20094 AMERICAN NATIONAL BANK NPLS AREA CHAPTER 20095 01 0 .41 CAN SA:;BOLASTING INC. 20397 EARL F ANDERSEN & ASSOC INC PALI. ARNDT 20599 ARICOAT-1 PUSS INC 2000 'ASPEN CARPET CLEANING 20901 ASSOC1A1ED ASPHALT INC LIQUOR WINE LIQUOR WINE WINE WINE EXPENSES 3 CANOES-COMMUNITY CENTER EDUC CONFERENCE-ASSESSING DEPT REFUND-SKATING CLASSES REFUND-SKATING CLASSES REFUND-SKATING CLASSES REFUND-SWIMMING CLASSES REFUND-SWIMMING CLASSES RENT-LIQUOR STORE INSTRUCTOR/EXERCISE CLASSES/FEES PD REFUND-SAILING CLASSES REFUND-PRE-NATAL CLASSES REFUND - SWIMMING CLASSES REFUND-SKATING CLASSES REFUND•SWIMMING CLASSES REFUND-SWIMMING CLASSES REFUND-SHINNING CLASSES REFUND-SWIMMING CLASSES REFUND-POST NATAL CLASSES REFUND-POST NATAL CLASSES CAR RENTAL-SUMMER PROGRAM BEER BEER MIX-LIQUOR STORE BEER BEER BEER BEER MIX-LIQUOR STORE MIX-LIQUOR STORE BEER BEER POSTAGE-CITY HALL FEE-POLICE DEPT REPAIR DOOR-P/S BLDG EQUIPMENT RENTAL-STREET DEPT RENTAL OF TRAFFIC COUNTER-ENG DEPT SUBSCRIPTION-FIRE DEPT MOP SERVICE-LIQUOR STORE BOND PAYMENT CPR CLASSES/FEES PD -SANDBLAST WALLS & FLOOR TO REMOVE PAINT- FIRE DEPT FLASHER/TRAFFIC CONES/BATTERIES MAY CUSTODIAL SERVICE BUSINESS CARDS-POLICE DEPT CLEAN BUGS Al P/S BLDG BLACKTOP 6426.86 407.10 2004.84 1263.25 840.05 419.37 57.67 952.87 115.00 14.00 14.00 14.00 1.75 10.00 3911.05 39.50 7.00 26.00 12.00 14.00 8.25 6.75 9.75 15.00 26.00 26.00 439.00 325.00 13922.59 889.95 4714.55 14823.30 6063.95 524.42 886.25 273.30 6443.65 7864.95 4000.00 15.00 187.52 294.68 75.00 14.95 9.05 49252.23 127.40 675.00 288.20 200.00 762.78 290.00 566.78 1:;.. 156 20902 ASSOCIATION OF METROPOLITAN 20903 ASSOCIATION OF METROPOLITAN 2( AT 11 INFORMATION SYSIEMS AT & T INEUVATION SYSTEMS 20906 AUTO CENTRAL SUPPLY 2090) BATTERY A TIRE WAREHOUSE INC 20908 CITY OF BLOOMINGTON 20909 BNB SERVICES 20910 LOIS BOETTCHER 20911 BRAUN [NC TESTING INC 20912 BROWN PHOTO 20913 BRUNSON INSTRUMENT CO 20914 BRYAN ROCK PRODUCTS INC 20915 BUTCHS BAR SUPPLY 20916 CHANHASSEN BUMPER TO BUMPER 20917 CHANHASSEN LAWN A SPORTS 20918 CHEMLAWN 20919 SCOTT COLE 20920 CONSTRUCTION MATERIALS INC 7D 0 21 CONWAY FIRE & SAFETY INC 20922 COPY EQUIPMENT INC 20923 COUNTRY CLUB MARKET INC 20924 CURTIS INDUSTRIES 20925 CUTLER MAGNER CO 20926 PATRICK STANLEY DADY 20927 DALCO 20928 LYNDA DIEDE 20929 EUGENE DIETZ 20930 DENNIS P EARLEY 20931 JOY EASTMAN 20932 EAU CLAIRE COUNTY 20933 EDEN PRAIRIE TRASHTRONICS 20934 FIK RIVER CONCRETE PRODUCTS 20935 ELVIN SO!! TV SUPPLY INC 20936 ERERGENCY SERVICE SYSTEM INC 20937 ENS BROTHERS V. SONS INC 20933 JEFF ESS 20939 RON ESS 20940 FARMERS STEEL CO 20941 FEED RITE CONTROLS INC 20942 FLAMM EQUIVMLNI CORP -13 HUI EFECHANICAL SERVICES 44 FLYING CLOUD SARI104V LANDFILL -CONFERENCE-CITY COUNCIL MEMBERTS/CITY MANAGER/ASSISTANT MANAGER JUNE 85-MAY 31 1906 DUES SERVICE SERVICE DURACLASS-EQUIPMENT MAINTENANCE -BAITERY/HOSF CLAMP/ROTOR/OIL/FILTERS/ BRAKE FLUID/WIDER MAKES-EQUIPMENT MAINT APRIL 80 IMPOUND SERVICE REPAIR CASSETTE DECK-COPRTINITY CENTER SERVICE-PARK V. REC CCRM MEETINGS SERVICE-ANDERSON LAKES PARKWAY -DEVELOP FILM-POLICE DEPT/PLANNING DEPT/ CAMERA-WATER DEPT . REPAIR MEIAL LOCATOR ROCK SUPPLIES-LIQUOR STORES -SWITCH/GASKET/CONNECTORS/BRAKE SHOES/ -WHEEL CYLINDER/BRAKE PADS/SPARK PLUGS/ -FUSES/DISTRIBUTOR CAP/CRANKCASE/HORN/ -HOSES/SPLASH GUARDS/LAMP/PLUG WIRES/ WHEEL WEIGHTS EXHAUST SPARK PLUGS/REPAIR CHAIN SAW-FORESTRY DEPT LAWN SERVICE-P/S BLDG EXPENSES-ROUND LAKE PARK -MATERIAL USED TO REPAIR CRACKS IN ROAD- STREET DEPT -FACE PIECE BAG FOR BREATHING AIR S590.27/ -TEN AIR BOTTLES $2850.00/5 AIR MASK AND CASE $4775.00 -PAINT/MARKING STICK/BLUELINE/XEROX BOND- PARK PLANNING A STREET DEPT SUPPLIES-CITY HALL SCREWS/FITTING/GREASE/BRAKE CLEANER QUICKLIME-WATER DEPT FIREMAN CALLS CLEANING SUPPLIES-POLICE & COMM CENTER SCHOOL-CITY HALL EMPLOYEE MAY 85 EXPENSES MILEAGE-LIQUOR STORE MILEAGE WITHHOLDING FROM EMPLOYEE PER COURT ORDER MAY 85 TRASH PICK UP MANHOLE RINGS-DRAINAGE DEPT SNORKELS-RATER DEPT REPAIR EMERGENCY SYSTEM-POLICE DEPT SEWER COVER-STREET DEPT HOCKEY OFFICIAL/FEES PD HOCKEY OETICIAL/FTES PD STEEL FOR CANOE: RACK-PARK MAINTENANCE CHLORINE - WATER DEPT EMERGENCY CENERAIOR-CIVIL DEFENSE REPAIR PMER STLFRING-EIRE DEPT SERVICE 95.00 2706.0(' 913.7c 105.01 59.5; 295.911; 570.00 101.90 42.00 47.60 282.70 125.00 788.7" 409.9( 2338.6( 188.00 4.50 626.1'0 8215.27 81.34 220.07 1485.1- 22.CP 236.1, 72.00 165.00 22.50 76.40 4.5o 325.0; 400.00 9.24 219.1s 216.0o 40.0: MX.; 1377.F 96. IL 14.a! 2392705 ;18; 20945 CAROL FOY 20946 JOHN FRANE 20947 G & K SERVICES 2, 8 GENERAL COmmORICATIONS INC 20949 GLIREEN PAINT 20950 GRAPHIc EXHIRITS 20951 GREATER MINNLAPOLIS AREA 20952 DALE GREEN CO 29953 HACH CO 20354 JACK HACKING 20955 HALE COP,PANY INC 20956 JIM HATCH SALES CO INC 20957 HENNEPIN COUNTY TREASURER 20959 HENNEPIN COUNTY TREASURER 20959 HENNEPIN COUNTY TREASURER 20960 HOLMSTEN ICE RINKS INC 20961 HONEYHELL INC 20962 INDEPENDENT SCHOOL DIST 1/272 20963 INGERSOLL-RAND COMPANY 20964 INTL CITY EXAGEHaT ASSOC 20965 INTL OFFICE SYSTEMS INC 20966 OAK OFFICE PRODUCTS CO 20967 JM OFFICE PRODUCTS INC 20963 RUSSELL L JOHNSON FILTER CORP 2o 1 G9 CARL JULLIE "0 KARULF HARDWARE INC 20971 KELLY SERVICES INC 20972 HIKE KISSIN 20973 JANET KOCH 20974 KRAEMERS HOME CENTER 20975 RON KRUEGER F. ASSOC INC 20976 1 L HIDING F, TRUCKING INC 20977 ROF.LRT LAMRLRT 20978 LANCE 20979 GREG EAPsON SPORTS INC 20080 LIEF BROS INC 26931 LOCK JOINT 20982 LUNG LANE CORD TRACTOR 70983 LP-GAS COUIPNENT INC 20984 TRACY LIda 2e85 LY!,N\I; ft!1RLR CO PNE,',RA mAIISOU . 37 flL1E CRAFI EXPENSES -COMMUNITY SERVICES 4.8L MAY 85 EXPENSES 165.00 -TOWELS/JACKLTS/COVERALLS/-NATER DEPT/ 331.1E PARK MAINTENANCE/LICUOR STORE RADIO REPAIR & PAR -EQUIPMENT MAINTENANCE 192.4 PA1NT-PARK MAINTENANCE 217.50 SIGNS-COMMUNITY CENTER 452.96 SUBSCRIPTION-ASSESSING DEPT 36.00 SOD & BLACK DIRT-STREET DEPT 37.00 LAB SUPPLIES-LATER DEPT 232.49 EXPENSES-POLICE DEPT 72.00 EQUIPMENT REPAIRS-P/W BLDG 168.00 20 TRAFFIC CONES-WATER DEPT 211.66 1985 TAX ROOK MICROFICHE-FORESTRY DEPT 186.00 EQUIPMENT RENTAL-FORESTRY DEPT 3062.5 TRAFFIC SIGNAL MAINTENANCE-STREET DEPT 383.7:, PARTS FOR POLISHER-COMMUNITY CENTER 26.88 -MODIFICATION OF WATER PLANT EFFLUENT 1994.36 RATE RECORDER -5 CHAIRS FOR CITY COUNCIL MEETINGS 2941.50 $2875.00/EUS SERVICE/AUDITORIUM RENTAL CONTROL CABLE 51.36 DUES-CITY MANAGER 363.00 COPIER INK CARTRIDGE-WATER DEPT 213.40 OFFICE SUPPLIES-POLICE DEPT 21.60 OFFICE SUPPLIES 12.14 POLY-WATER DEPT 72.90 EXPENSES 115.16 -ROPE/KNIFE/PAPER PLATES/TWINE/CEMENT/ 1374.32 -WRENCHES/ELECTRIC WIRE/SPRAY PAINT/ -TAPE/BUG SPRAY/PAINT ROLLERS/HOOKS/ -SCREWS/SPONGES/RIVETS/GREASE/NAILS/ -GRASS SEED/EXTENSION CORDS/LOCK/STAPLES/ -SHOVEL/PAINT THINNER/KEYS/ICE CHISEL/ PULLEY PART TIME HELP-POLICE DEPT 748.0; GOLF INSTRUCTOR/FEES PAID 33,4' CONFERENCE-POLICE DEPT 45.00 -FIRE EXTINGUISHER/GAS CAN/STRAPS/COFFEE 467.1: -FITLERS/SCISSOR JACK/LADDER/WASHERS/ RIVETS/TRAPS/FAINT/CLAMPS/NAILS SERVICE-UHERKA PROPERTY 2?62.11. FIRE HYDRANT THARINB-WATER DEPT 510.0L DUES-COMMUNITY SERVICES & MAY 85 EXPENSES 247.11 SUPPLIES-LIQUOR STORES 129.1: GOLF BALL PICKER-SUMNER PROGRAMS 22.72 RUGS-DUSTMOPS-CITY HALL 73.8 , CONCRETE CYLINOER PIPE REPAIR KITS 4855.W• BACKHoE-sTREET DEPT 25977.CE REPLACE RED FLASHING LIGHTS-POLICE DEPT CONFERENCE-POLICE DEPT 61.00 LUMBER-PARK MAINTENANCE INSTRUCTOR-AQUA ALROBICS/FEES PAID INVENTORY PLATES-POLICE DEPT 195.9E 4393322 17 GAS CYLINDERS-POLICE DEPT SERVICE SERVICE PIPE ASSEMBLY-PARK MAINTENANCE MILEAGE 011-STREET DEPT MILEAGE EXPENSES SLIDES-POLICE DEPT EXPENSES POSTAGE MACHINE RENTAL-CITY HALL CHEMICALS-PARK MAINTENANCE REPAIR EQUIMENT-CCMMUNITY CENTER PLAQUES & TROPHIES-COmMUNITY CENTER -MODIFY WATER PLANT INFLUENT & EFFLUENT FLOW RATE DISPLAYS & GALLON TOTALIZER FLEXIBLE ANTENNA-WATER DEPT SOFTBALL OFFICIAL/FEES PAID -TWO MEGAPHONES $209.82/RESCUE TUBE/ PORTABLE GUARD CHAIR SCH0OL-BUILIDING DEPT FIREMAN CALLS SPEAKERS FOR FIRE SQUADS S1AMP-FONES1RY DEPT INSTALL PLAYGRouND EQUIP-EDENVALE PARK INSTALL PLAYGNOHNO LQUIP-NONEWARD HILLS PK OFFICE SUPPLIES RENTAL OF ICE SHOW COSTUMES-COMmUNITY CTR PORTABLE RESTRooMs-PARK DEPT CAR WASH SUPPLIES-P/W BUILDING 20988 METRO FORE CORM INC JUNE 85 PAGER RENTAL 20989 MET NO pINNTiNG INC .FORMS-POLICE DEPT EIREAND PRODUCTS CO CONCESSION STAND SUPPLIES-COMMUNITY CTR ElEasT ASPHALI CORP BLACKT0P-STREET DEPT MINNESOTA cOMmUNICATIONS CORP JUNE 85 PAGER SERVICE EN COuNTy ATIoNNEYS ASSOC SEARCH WARRANTS-POLICE DEPT EN ICE ARENA EANAGERS ASSOC DUES-COMNUNIIY CENTER MINNESOTA NEC & PARK ASSN CONFERENCE-SUEmER PROGRAM MINNEsoTA NEC pARK AsSN DUES-COMMUN1TY CENTER MANAGER MINNESOTA SUBUNAN NEWSPAPERS INC EMPLOYMENT AD-COMMUNITY CENTER MINNEsOTA SUbuRBAN NEWSPAPERS INC ADS-L1QUOR STORES M-V CAS CO FUEL-SENIOR CENTER moERN EQUIPMENT CO STEP LADDER-P/S BUILDING RUDE RI: TIRE CO WHEEL ALIGNMENT/TIRES MOTOROLA INC 6 POLICE pAGERS & 2 FIRE PAGERS MT1 DisTRIOUTIRG CO WHEEL & TIRE ASSEMBLY-PARK MAINTENANCE EM MUELLER 1 SONS INC SAND-STREET DEPT MURPHY PLUG & HEATING CO VALVES-WATER DEPT MY CHEESE SHOP MEETING EXPENSES NATIONAL CITY BANK OF MINNEAPOLIS BOND PAYMENTS NATIONAL. FIRE PROTECTICN ASSOC SUBSCRIPTION-FIRE DEPT GREGG NELSON TRAVEL INC EXPENSES-POLICE DEPT NONWEST BANK MINNEAPOLIS NA BOND PAYMENT NATE RECREATION 1 PARK ASSOC DUES-COMMUNITY SERVICES 29 20992 20993 20994 20991 20990 20997 20998 20999 21000 21001 21002 21003 21004 21005 21006 21007 21008 21009 21010 21011 21012 NORTHwOoD GAS CO INC 21013 NORTHWESTERN BELL TELEPHONE CO 21014 NORTHWESTERN BELL TELEPHONE CO P & H WAREHOUSE SALES 5 CHARLES J pAPPAs 21017 PENNSYLVANIA OIL CO 21013 CONNIE L PETERS 21019 PETTY CASH-PUBLIC SAFETY DEPT 21020 PHOTO QUICK 21021 PATRICIA PIDCOCK 21022 PITNEY BOWES 21023 PLUNKETTS INC 21024 PNEUMATIC CONTROLS INC 21025 PONMER MFG CO INC 21026 POWER PROCESS EQUIPMENT INC 21027 RADIO SHACK 21028 JERRY RASsmUSSON 21029 RECREONICS CORP 21030 AAsF. REFFSGAARD 21031 JOEL RIGGS 21032 MICHAEL ,I0NN RoGERS 21033 RYANS RuPBER Sir,mpS 21031 ST CRoIx RECNEAlION CO 21031, ST cR01X RECREATION CO 21033 sT pAoL NuoR & sTATIONERY CO 21031 Si FADE FlGmE SEATING CLuB sATEITEM. WUTNIES INC SAWN. SUPPLY c0 INC 54.12 447.0r 325.2: 908.3E 25.7s 31.41 50.0o 81.09 115.0o 22.7E 241.30 128.0. 144.09 3080.00 84.9c 60.69 47.9 58.4E, 23315.33 459.00 67.10 242267.86 130.00 86.00 2733.11 772.10 38.41 39.71 902.20 12.00 66.92 3.35 48.16 96.75 32.10 465.79 69.0c 3693.70 15.90 26.0 538.09 25.0: 38.00 37.0s 10.0T 1150.0'1 , 1150.0, 20.Eo 245.0: 2162.!0' 409.0y 28797014 n t-10`i; 21040 SCHLETTY-MCCANN INC 2)041 SHAKOPEE FORD INC 21R". W F WEAL SLATE CO 21. W GORDON SMITH CO 21044 SNAP PRINT-WEST 21045 MONTY STUHLER 21046 SOUTHWEST SUBURBAN PUBLISH INC . 21047 SOUTHWEST SWARDAN PUBLISH INC 21048 SUPPLEE ENTERPRISES INC 21049 TAYLORS MFG 21050 TENNESSEE CHEMICAL CO 21051 TESSMAN SEED & CHEMICAL CO 21052 KEVIN TIMM 21053 BRANDON TOMASKO 21054 TRIARCO ARTS & CRAFTS 21055 TV FANFARE 21056 TWIN CITY OXYGEN CO 21057 UNIFORMS UNLIMITED 21058 UNITED LABORATORIES INC 21059 VALLEY INDUSTRIAL PROPANE INC 21060 VIKING LABORATORIES INC 21061 WATER PRODUCTS CO 21062 WEN2EL PLBG 21063 SANDRA F WERTS 21064 WEST WELD 21065 WESTERN CHEMICAL CO 21066 XEROX CORP 7 -7 ZEE MEDICAL SERVICE 2,008 ZIEGLER TIRE SERVICE CO 21069 PITNEY BOWES 21070 S M HENTGES & SONS 21071 F F JEDLICKI 21072 RICHARD KNUTSON INC 21073 NORTHCALE CONSTRUCTION CO 21074 NORTEDALE CONSTRUCTION CO 21075 OPUS CU.PDRATION 21076 SHAFER CONTRACTING INC 21077 SHAFER CONTRACTING INC 21078 COMMISSIONER OF REVENUE 21079 SAILORS WORLD 21080 JORDON =ECK 21081 JASON M SPINHARNEY 21082 JENNIFER RISSER 21083 WARD STELBERG 38945842 REPAINT LIME SILO-WATER DEPT SWITCH/HEADRESTS FOR SQUAD CARS MARKER BOARD-P/S DEPT OIL SEAL/SPARK PLUGS/COUPLER/OIL/FITTINGS PRINTING-POLICE & COMMUNITY SERVICE SOFTBALL OFFICIAL/FEES PAID ADS-LIQUOR STORES EMPLOYMENT AD-COMMUNITY CENTER SUPPLIES-LIQUOR STORE 4 DUMPER PUSH BARS-POLICE DEPT FERRI FLOC-WATER DEPT VALVE-FORESTRY DEPT SOFTBALL OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID ARTS & CRAFTS SUPPLIES-SUMMER PROGRAMS ADS-LIQUOR STORES OXYGEN-STREET DEPT UNIFORMS-POLICE & FIRE DEPT CHEMICALS-WATER DEPT GAS CYLINDER-COMMUNITY CENTER CHEMICALS-COMMUNITY CENTER FLANGE/REMOTE/GENERATOR/GASKET/PIPE REFUND-BUILDING PERMIT MILEAGE & SUPPLIES-COMMUNITY SERVICES CUTTING HOSES-EQUIPMENT MAINTENANCE FREIGHT CHARGES-WATER DEPT SERVICE 1ST AID SUPPLIES-PARK DEPT REPAIR FLAT TIRES/4 TIRES FOLDING MACHINE-CITY HALL SERVICE-COUNTY ROAD ONE LIFTSTATION SERVICE-PAULSENS 1ST -& 2ND ADDITIONS SERVICE-ANDERSON LAKES PARKWAY SERVICE-NORSEMAN INDUSTRIAL PARK SERVICE-EDEN ROAD & SINGLETREE LANE SERVICE-FLYING CLOUD DRIVE SERVICE-PRAIRIE CENTER DRIVE SERVICE-PRAIRIE CENTER DRIVE MAY 85 FUEL TAX BOOM FOR SAILBOAT REFUND-GOLF CLASSES REFUND-GOLF CLASSES REFUND-GOLF CLASSES REFUND-GOLF CLASSES 4700.00 118.67 457.90 148.91 209.51 117.00 282.60 22.50 5.33 602.56 4495.35 18.70 77.00 13.00 835.83 65.00 13.02 1927.50 223.68 91.13 268.80 416.03 65.50 74.17 26.35 284.05 130.78 180.21 299.20 1989.00 13632.8R 30480.75- 46024.53 24350.96 122885.5:! 28375.8.- 45375.3,. 59919.9:: 60.00 15.00 15.0R 15.0R 8.0u $991805.0R June 18, 1985 Cash Disbursements by Fund Number 147404.02 34192.27 57407.56 36389.16 2300.00 233779.46 26E1060.30 81056.02 25746.14 109.41 65.50 105295.25 10 GENERAL 11_. CERTIFICATE OF INDEOT 1( .10UOR STORE-P V M 17 L1DUOR STUFF-PRESERVE SI PARK ACLUIST Z, DEVELOP 44 -011LITY DEFT FUND 51 IMPROVEMENT CONST FD 52 IMPROVEMENT DEBT FUND 73 WATER FUND 77 SEWER FUND 01 TRUST S ESCROW FUND 90 TAX INCREMENT FUND $991805.09 ("f:MORANDOM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services -IN-- May 30, 1985 Round Lake Study Proposal Dr. Joseph Shapiro, Limnologist from the University of Minnesota, has submitted a Round Lake Study Proposal to the City of Eden Prairie. Dr. Shapiro also conducted the 1980 study of Pound Lake. The goal of the 1980 study was to improve the fishing potential of the lake by removing the bullheads and stunted population of bluegill sunfish and crappies and to improve the water clarity. In the fall of 1930, the lake was treated with Rotenone and a the lake was restocked with large mouth bass, walleyes, sunfish and catfish. As Dr. Shapiro's proposal indicates, the restoration initially was a great success. Water clarity improved dramatically in 1981 and 1982, and the OUR netting surveys indicated rapidly growing populations of bluegills, sunfish, large mouth bass and walleyes. The catfish population apparently did not take. .t 1983 and in 1984, the water quality of Round Lake reverted to pre-treatment -conditions. OUR nettings in 1983 and 1984 indicate extremely high numbers of stunted blucgill sunfish and water clarity readings indicate the trend toward higher amounts of algae. Dr. Shapiro has indicated that the lake is showing a distrubing trend and has suggested the City approve a Rotenone treatment of the whole lake and restock as in 1980; however, this time special fishing restrictions will be implemented to protect the young large mouth bass and a high number of large male bluegill sunfish would be stocked to provide immediate fishery that would not increase the bluegill reproduction. Dr. Shapiro has also suggested that perhaps a partial treatment of the lake using a fish toxicant at a low concentration directed at small sunfish might provide a long term improvement, however, it would probably be four to five years before any significant change in the lake would occur, if any change would occur. The Community Services staff have indicated to Dr. Shapiro, as well as OUR staff, that the City is very concerned with maintaining a fishing resource and is not interested in getting into a program where this fishery is destroyed every few years for the site of exprimenfs. The Community Services Stott does hove the same concerns mentioned by Dr. Shapiro regarding the condition of Round Lake. Eden Prairie has inveled thany thousands of dollars in the development of Round Lake Park and encparagiuo pcople to use this resource for swimming and fishing. This lake is at in IN. "natural condition" due to the amount of runoff that is directed to it, od it is naive to believe that without some management the lake will take care of -2- The DNR is willing to do quite a bit of stocking and monitoring, but i t w i l l n o t d o ' unless they have some expertise suggesting a program and a benefic i a l O u t c o m e . - Jr. Shapiro is offering to provide the informdtin the DNR needs in ord e r t o p r o c e e d with this program at a cost significantly less than a typical cons u l t a n t w o u l d charge. Dr. Shapiro has admitted that he and his staff would he much more inte r e s t e d i n t h e project if the City approved a complete Rotenone treatment as there i s a g r e a t e r likelihood of a rapid water quality improvement, which makes the l a k e m u c h m o r e interesting to study. He also believes the chance of success of m a i n t a i n i n g t h e water clarity and the improved fishery is greater with a compl e t e R o t e n o n e treatment. Duane Shodeen, Minnesota 088 Fisheries Division, has indicated that i f t h e l a k e i s treated in the fall of 1985 approximately 900 fingerlings of wa l l e y e , 9 0 0 fingerlings of bass and 900 fingerlings of tluegill would be stocked in t h e f a l l o f 1935. In the spring of 1036 approximately 2500 adult male bluegill sunfi s h w o u l d b e stocked that would provide very good sunfish fishing by mid-summer. H e h a s a l s o suggested that perhaps 1000 to 2000 eight to ten inch rainbow trout yea r l i n g c o u l d be stocked in the spring of 1936 for fishing from May through mid-summ e r w h e n t h e sunfish would begin hitting. In 1987 hybrid muskies would be introduced i n o r d e r t o keep down, the sunfish numbers. Dr. Shapiro has requested S4,500 for the first year study and has reques t e d t h e C i t y to commit to a study for the following three to five years to monitor t h e i m p a c t o f this treatment program. The Community Services Staff recommend approval of the treatment prog r a m o f R o u n d Lake under the following conditions: 1. That the DNR attempt to seine the lake prior to the treatment in o r d e r t o utilize as many adult fish from that lake as possible. 2. That the ONO would commit to stocking 1000 -2000 rainbow trout in the spring of 1936 and 2500 adult sunfish in the spring of 1986 to ensure that Round Lake remains a good fishing lake throughout this treatment process (there w o u l d b e n o catchable size fish in Round Lake from the fall treatment until the spr i n g o f 1936). 3. The DNR commit to continued stocking of walleyes in the lake. The Community Services Staff also recommend approving the request of D r . S h a p i r o f o r $4,500 per year for monitoring this lake for a minimum of t h r e e y e a r s . A n y additional funding beyond that should he reconsidered at that time d e p e n d i n g on the condition of the lake and the trend it seems to he taking. EL:md Round Lake Study Proposal Backyround In the fall of 1980 restoration of Round Lake was undertaken. A fish toxicant, rotenone, was used to eliminate the existing fish populations and then restocking was done. The goal of this restoration was twofold -- to improve the fishing potential of the lake by removing bullheads and stunted populations of bluegill sunfish and black crappies, and to improve water clarity by making possible an abundance of large Daphnia. The restoration initially was a great success. As we had predicted, water clarity improved dramatically in 1981 and 1982, and MDNR netting surveys indicated rapidly growing populations of bluegill sunfish, large- mouth bass, and walleyes. however, samples collected by the Limnological Research Center during the summers of 1983 and 1984 indicate that Round Lake water quality has reverted to pretreatment conditions. This trend is evident in the following average summer Secchi disc transparencies: 1980 Treatment 1981 1982 .1983 1984 Secchi Disc Depth (m) 2.1 4.8 4.7 2.9 3.0 The results of the fish restocking are more encouraging but also show disturbing trends. The three species stocked, sunfish, walleye and bass, did well initially, and the populations of bluegill Sunfish and largemouth bass expanded rapidly as shovm below: 1930 Treatment 1981 1982 1983 1984 Bluegill Sunfish (#/trapnet set) 118 14 50.6 211 139 Largemouth Bass (#/trapnet set) 0.4 7 8.8 43 1 Walleyes (t) /gillnet set) 0 12 4 2.5 2.0 Thus, Round Lake contains sizeable numbers of walleyes, hlmegill sunfish, and larylemonth bass in the acceptable size range for angling. Whether this fish community can be maintained, however, is another matter. B11.100-11 numbers are again high, even :II - 2 - ,4ceeding those measured in 1980. An overpopulation of bluegills will lead to o he same stunting problem observed prior to treatment. The increase in blue- - 011 numbers coincided with the decline in large Damhnia and decrease in w a t e r larity. The number of largemouth bass trapped in 1984 showed a disturbing drop. This decline to some extent reflects lower trapping success for bass bpawned in 1931 and 1982, as they have now grown out of the easily-trapped oize range. However, it may also reflect declining recruitment of new bass recent years due to increased predation by bluegills on bass eggs and fry. irf recruitment falls, bass fishing in the lake will quickly fade as the 1981 and 1982 year classes are eliminated by angling or natural causes. Walleyes , which Will not reproduce in the lake, will have to be restocked to maintain their fishery. rossible remedial action: It is our feeling that numbers of blnegill sunfish should be reduced again to enhance water quality and to guard against their overpopulation. Based o n discussions with Duane Shodeen of the DNR the following two treatment optio n s ore feasible: 1) Rotenone treatment of the whole lake and restock as in 1980. However, this time special fishing restrictions would be implemented to protect young )argemouth bass (e.g. 12 inches would be the minimum legal size) so that the oumber of adult bass would remain high. A sizeable number (e.g. 2500) of lar g e male blnegill sunfish would be stocked to provide an immediate fishery that would not increase blnegill reproduction. 2) A partial treatment of the lake using a fish toxicant, at low concentra- liens, directed at small. sunfish. The first option, above, providos the greater likelihood of rapidly enhanc i n g water quAlity in that it mimics the initial treatment, but with modification t o - fr - - 3 - t „v id0 long-term improvement. The stocked adult bluegill sunfish would provide t h, fishing resource for the first few years. The success of the s e c o n d o p t i o n , on the other hand, is dependent on the proportion of the young blu e g i l l s t h a t a r e killed. The outcome of this experimental approach could range f r o m n o i m p r o v e m e n t in water quality to significant improvements in clarity, but lik e l y o n l y a f t e r some time. This treatment would leave a larger proportion of the p r e s e n t f i s h i n g resource intact since treatment-induced mortality of bass and w a l l e y e s s h o u l d b e low, but, as noted, this resource already is deteriorating. From our point of view the first is far preferable. Based on ou r p r e s e n t knowledge it has a much greater chance of meeting the dual goals of improved water *clarity and fishing potential. In addition it fits in closely wi t h o u r need for a well-studied lake, that will be rotenoned in the fall o f 1 9 8 5 , t o study intensively as part of a large National Science Foundation Study in which we are now engaged. Proposal We propose therefore, that Round Lake be treated in fall 1985 as i n 1 9 8 0 , with the addition of the size limit on the bass, and the stockin g o f a d u l t m a l e sunfish. We also propose that Round Lake be studied during the n e x t 3 - 5 y e a r s (beginning May 1985) to evaluate the impact of this action and t h e h o p e d - f o r increased longevity of the treatment. In general, the same appr o a c h e s a n d p r o - cedures used since 1980 would be followed. During 1985 sampling would be monthly May-September inclusive, b u t w o u l d increase during 1986 to twice n month. Frequency during subsequent years would range between the two. I) Physi .al/Chomical Parameters a. Tomp,rature - at 1-m intervals to bottom Li- - 4 b. Dissolved oxygen - at I-m intervals - to bottom c. pli - at 2-m intervals to bottom d. Secchi disc depth e. Light intensity - at 1-m intervals through well-lit stratum f. Total phosphorus - at 2-m intervals to bottom g. Total nitrogren - at 2-m intervals to bottom h. Lake surface elevation 2) Biological Parameters a. Phytoplankton composition in surface waters b. Chlorophyll concentration in surface waters c. Primary productivity profiles - once monthly in June, July and August d. Zooplankton composition throughout the water column. e. Macrophyte - determination of maximum depth of growth at several locations in midsummer. f. Fish composition - Minnesota DNR This approach would provide a consistent measure of the biological and ch..mival conditions in the lake since 1980 and allow assessment of treatment impacts. Additional. parameters OU and primary productivity) have been added over prier years to increase our understanding of why nutrient 16vels in the lake change (two en- closed reprint) and to assess the potential detrimental impact of increased water clarity (macrophyto growth). In additi.on, coupled,with local rainfall meAsurc- meets and lake level fluctuations, these data would help assess the Impact 01 the increased stormwater runoff reaching the lake from continuing urhaniation In the vatershod. - 5 - Cos t We propose that the 1985 program be done for $4500, including all costs and preparation of a data report. Although work in subsequent years will likely be considerably more frequent, we will limit costs to a 107. increase per year. These materials are referenced in the Council packet. I /391 'RE-ZONING AGREEMENT THIS AGREEMENT, Made and entered into this 22nd day of January, 1971,, - by and between INITRNATIONAL DISPOSAL CORPORATION OF MINKESOTA, INC., a subsidiary of Browning Ferris Industries, Inc., hereinafter called "Owners", and the CITY OF ECU PRAIRIE, a municipal corporation, of the State of Minnesota, hereinafter called "City". WHEREAS, Owners have requested the City to change the zoning of approximately twelve (12) acres of property of the Owners under P.U.D. 70-01 to 1-2 Park as more completely described in Exhibit "A" attached hereto; and WHEREAS, Owners in addition to said twelve (12) acres are the Owners of additional land as more hilly set forth in Exhibit "B" attached hereto; and WHEREAS, Owners desire to use said property for sanitary land-fill purposes at the present time; and WHEREAS, Owners have agreed to develop the aforementioned prcperty as shown on Exhibits "A" and "B" in accordance with the plan unit development on file with the City and identified as P.U.D. 70-01. NOW, THEREFORE, THIS AGREFIENT WITNESSETH, That for and in consideration of the City of Eden Prairie passing an ordinance changing the zoning from P.U.D. 70-01 to 1-2 Park for approximately twelve (12) acres of land and of the mutual benefits to each of the parties hereto, the parties, their respective successors and assigns, do hereby covenant and agree as follows: • Owners agree that upon such re-zoning and pursuant to the plans on file at the City that: 1. The area re-zoned as 1-2 Park shall be used for the exclusive use of the land-fill operations office, truck maintenance, truck storage and potential paper or other material recycling center. 2. That it is a specific condition of said re-zoning that said property shall not be useable for other industrial purposes until such time as the entire industrial park is platted and zoned in conformance with Ordinance No. 135 which, among other things, requires a minimum of forty (40) acres to be zoned. t . 3. That there shall be no furthe r r e - z o n i n g o f p r o p e r t y within the area encompassed i n E x h i b i t " B " u n t i l s u c h time as said property is serv i c e d b y - m u n i c i p a l u t i l i t i e s . I,. That Owners shall dedicate to the C i t y o f E d e n P r a i r i e 150 feet of right-of-way alon g t h e t o p o f t h e bluff to allow for the construction of a parkway as indicated in the Owner's Exhibit "A" and "B" d a t e d D e c e m b e r 17, 1 973• 5. That Owners shall, in cooper a t i o n w i t h the City, locate the alignment of the remainder o f t h e r i v e r p a r k w a y c o n n e c t i n g with Homeward Hills Road wit h i n o n e ( 1 ) year of the date of approval and re-zoning of th i s p a r c e l . 6. That Owners shall install at t h e i r o w n c o s t a n d e x p e n s e utility systems for said prop e r t y , i . e . r o a d , s a n i t a r y s e w e r , storm sewer and water. 7. That Owners furnish to the City a topographical layout o f said property. B. That all sanitary sewer water main and storm sewer facilitiesi concrete curb and gutter and b i t u m i n o u s s u r f a c i n g w h e t h e r t o be public or private shall b e d e s i g n e d t o C i t y s t a n d a r d s b y a Registered Professional Civil Engineer and submitted t o the City Engineer for approv a l . T h e d e v e l o p e r t h r o u g h h i s engineer shall provide for c o m p e t e n t d a i l y inspection of all street and utility construction both p u b l i c a n d p r i v a t e . As -built drawings with service and val v e t i e s o n r e p r o d u c i b l e mylar and certificates of completion and compliance w i t h specifications shall also be de l i v e r e d t o t h e C i t y E n g i n e e r . The developer also agrees to pay all fees for City Enginee r i n g and Administrative services cons i s t e n t w i t h c u r r e n t C i t y requirements. 1 • CITY AND PROPERTY OMRS AGREE: 1. That the property owners shall comply w i t h all applicable rules, regulations, ordinances and law s o f t h e C i t y of Eden Prairie. 2. That the provisions of this Agreement shall be binding upon and enforceable against Owners, the i r s u c c e s s o r s a n d a s s i g n s , a n d a l l s u b s e q u e n t owners, their respective heirs, s u c c e s s o r s a n d a s s i g n s , o f t h e p r o p e r t y h e r e i n described. 3. That an executed copy of this A g r e e m e n t s h a l l b e recorded with the Register of Deeds or the Registrar of Titles for the County of Hennepin and State of Minnesota. h. That if Cullers fail to proceed in accordance with this Agreement within twelve (12) months from the date hereof, O w n e r s w i l l not oppose a re -zoning of said property back to a District Ru r a l z o n i n g . -2- CITY OF EDEN PRAIRIE ts City Manager INTE.RNATIONAL DISPOSAL CORPORATION OF MINNESOTA, INC. (SEAL) ( NO SEAL ) trITNESS V.INtE01, The parties to this Ar^eereent have caused these presents t, oe executed the day and year aforesaiu. Its„Vice-pusident And Its STATE OF MINNESOTA ) BS. COUNTY OF HENNEPIN ) On this 22nd day of January, 197h, before me, a Notary Public within and for said County, personally appeared Dean L. DeCourcy and , to me personally known, who, being each by me duly sworn, did say that they are respectively the Vice-president and of INTERNATIONAL DISPOSAL CORPORATION OF MINNESOTA, INC., which corporation is mimed in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Dean L. DeCoarcy and acknowledged said instrument to be the free act and deed of said corporation. •1,ths,/.614 .) Rotary Public, Hennepin County, Minn. My Commission Expires:)(a. I.. L1e.-, .• , STATE OF MENIMSOTA ) as. COUNTY OF IENNF.PIN ) THIS IS TO CERTIFY, That on this .7_5 day of , 197b, before me, a Notary Public within and for said County, oars ly appeared icnown to me to no the Mayor and City Mgr. of the City of Eden Prairie, executing David W. Osterholt and Robert Heinrichs • the above instrument and acknowledged the said instrument to be the free and Voluntary act and deed of said City for the uses and purposes therein mentioned, and also stated that they were authorized to execute the same and that the seal affixed is the corporate seal of said City. a Notary -PUblic, Hennepin County, Minn. My Commission Expires: -L7, t r - 11 '1 (- • / -3- webol 2/11lih • • • ..... „ tc/./R/ for2LIt ge rt.n 01r..1.4.).41011 }, :lamal. vase concept u , , SS. a UM. , -e— November 1, 1973 OMMO *Al •Intr5latt Description for portio n o f D . r . f . p r o p e r t y 'Wept/ JI 1.111401$ That pert of the South e a s t 4 - o f t h e S o u t h w e s t 4 - o f Section 27, Township 1 1 6 , R a n g e t 2 , d e s c r i b e d a s commencing at the Sout h w e s t c o r n e r t h e r e o f : t h e n c e North 1° 37 , 48" West (assumed bea r i n g ) a l o n g t h e West line of said Southeast k of the southwest 4- a distance of 289.03 fee t ; t h e n c e S o u t h 8 7 ° 1 2 ' 2 4 " East, 354.45 feet; the n c e N o r t h 2 ° 4 7 1 36" East, 140 feet to the actual p o i n t o f b e g i n n i n g o f t h e l e n d to be described; thence continuing Nort h 2 ° 47'. 36" East, 100 feet; thence North 18° 251 12" West , 4 4 2 . 4 9 feet to the Southerly r i g h t o f w a y l i n e o f U . S . T r u n k Highway No. 169; thenc e n North 59° 44' 54" East along said right of way line , a d i s t a n c e o f 3 9 5 feet; thence South 56° 401 East, 13 0 f e e t ; thence Southeasterly along a tangential cur v e t o t h e l e f t h a v i n g a - a d i o s of 955 feet a distance o f 4 4 1 . 7 0 f e e t ; t h e n c e S o u t h 470 feet; thence South 3 6 0 0 0 , West, 370 feet; then c e North 68° 13 1 45" West, 452.16 feet t o t h e a c t u a l point of beginning. Si' 1 lc . . L- r.:". :IS! • --'`, 1.,..." '1( 44. 1; - , Z----\ . ' • .- ' *a izi -,,,, -s. ... .. N, ---.... . •......„..-- _.• . - - ! . -,.: ......-74, •. _....._-.. - ...:.__ - i 7-- • --C..'" -----77:.----n_.7 _ li'L-..- - "---_/..\._._ • -- sou, Ilyttof of IWO flie41304...1:4 mow lo.w.143% vale DiSrP‘a ••n • s.7111, •••n•• •••n•04, s." - 40 44, 4 I -- tA. , - rex \ NMI Dvall Nk •-• 'mu ' "-•••,_"•••••••• 1 ..- - :- — ..........; .- -...'......! j ‘""......"".--... . ....:•_-••.- .. . -- - - . . .... _. and use concept ehf.:ItAnt‘i> fer,.-10-.-01110'm ,„coimmr, Pm,,vry.-tAn-Niz • ratt.11.t.,..11 4.4-tvir,o)reAtA,...10, =1 'Cu COO 81-8011. 6:0.1 691%2 633 POTENTIAL BIRD—STRIKE HAZARDS AT FLYING CLOUD AIRPORT Eden Prairie, Minn. 66C. i 654 680.7 f 689.9 . Submitted by: Wildlife Resource Assists:- U.S. Fish & Wildlife Servf St. Paul, Minnesota August 1979 1 INTRODUCTION Flying Cloud Airport lies on a river terrace .formed in Valley-Train sand and gravel in Eden Prairie, Minn. Just south of the airport is the ginnesota River and its alluvial backwaters. To the imavediate north o f Flyinc Cloud is the kettle hole, Lake Starring. The remaining perip h e r a l areas are farmland. Single- and multi-engine piston airplanes and small jets make up th e airpmrt's traffic which amounted to 246,000 operations in 1978. Pri- yam pilcts, flight schools and charter companies utilize Flying Cloud Airport. TIM PROBLEM Note: For actual bird strikes at Flying Clcold Airport, refer to Ta b l e 3 . In a co;Amunique entitled "Bird Nazar-4 Reduction Recommendations to • be Nada in 7I 80, Acting Regional Direator, Charles Eughlett, lists Flying Claud as an airport requirim, surveying. The following people and organizations based on the airport were interviewed to determine existing or potential bird-strike hazards: Ro!,erc PaLaby, Chief controlle -: Rol.ert Skriwseth, FliSot Instructor Michael Andersen, Chief Iustructar Chi ;.!.lintenance Affiliation Control Tower-FAA Flight Training Center-Cessna Flizhc Training Center =CC 2 Lame. title Affiliation A!P Chief Machanic Dispatcher and Flisht Instructor Operations Manager Flight Iustructors-3 other sources: Tom Clarks Dick 1:etzel, State Supervisor Geologists-2 .Modern hero Thunderbird Aviation Elliot Beechcraft Beech Aero Center Pollution Control Agency U.S. Fish and Wildlife-ADC U.S. Geological Survey . Sea gulls (Larus sp.)-Gulls present a seasonal problem for Flying Cloud Airport. On cold days.the birds roost on the runways seeking warmth from the pavement. Their main attractant to the airport's vicinity is Flying Cloud Landfill immediately southeast of tteArzuE.,_:111e gulls are known to feed at this site in great numbers (refer to Map 1 and photos). The landfill is a heavily used site but is considered better managed than most fatilities of similar_ size in the state. Nevertheless, the site continues to attract,gulls,. When the birds begin to accumulate in sizable flocks, exploders and pistol-injected firecrackers are used. Both the landfill and the air- port employ these 'scare' methods. At times the gulls have become immune to the noise-makers. Therefore, Avitrol has been used on two separate occasions in the past two years with.measurable effects. 3 Blackbirds (Starlings, Crackles, Brown-headed Cowbirds, etL)-Black- birds are seen in small flocks on neighboring farms and on leased-out airport property where sweet corn is the major crop. These blackbird species are not reported to be a significant problem because repellents such as exploders and firecrackers are employed by the farmers and-the Metropolitan Airports Commission to keep the numbers down. The potenti a l for bird-strike problams is great since the cornfields are adjacent to the airport. The locations of these cornfields require the blackbirds to traverse the airport. Mallards (Anas platyrhynchos)-Although Mallards, along with other waterfowl, were considered a potential hazard during the migratory seasons, eAphasis was placed on the ducks which winter over. These mallards feed on the corn on the adjacent lands creating i bird-strike hazard as they fly across the airport from field to field. FLORA A.ND FAUNA The airport proper is a disturbed short-grass meadow. The most common plants occurring on Flying Cloud property are fescue, bluegrass, dandelion and sweet clover (see Table 1). To the immediate northwest of Flying Cloud, surrounding the southern and eastern ends of Lake Starring is a woodland. This wooded area is comptsed of American elm, red and white oak, bass, ash, box elder, red CTIN 4 cedar and spruce. The understory in these woods is black locust, honey locust and prickley ash. White-tail deer t fox, weasels and rabbits seek refuge here. The wetlands (Type 4 classification) lie to the south of the airport below the bluffs (see Map 2). Typical marsh grasses and reeds exist here. Some of the aquatic plants occurring here are wildrice, wild celery, pondweed, smartweed and duckweed which are all preferred food sources for waterfowl. Numerous migratory waterfowl species breed in these wetlands. A Great blue heron rookery is .located on the northern edge of these backwaters. Muskrat, mink and beaver are believed to occupy this area as well as various amphibians and reptiles. DISCUSSION Flying Cloud Airport occurs in an environment ideal for bird life. Cornfields are on and near the property, wetlands are located to the north (Lake Starring) and south (Minnesota River and backwaters) and a landfill is right across the highway southeast of the airport. Except for the one small cornfield on leased airport property, the airport, itself, does not seem to attract feeding birds. However, because abundant food sources exist peripherally, birds do traverse the airport and sea gulls do roost on the runways. A small gravel-sand pit exists to the northwest of the airport which is used as a source of landfill. According to the tower, it does not attract birds and the pit is a con- siderable distance from the runways. There are no depressions on the airport property which contain or night contain standing water. AhN tW4..1:1 Vtle S The severity of the bird-strike hazard is kept to a minimum through the use of such repellents as exploders, firecrackers and Avitrol. It should be mentioned that a significant number of pilots interviewed felt that this repellent program was not vigorous enough-particularly, at the sanitary landfill site. The use of Avitrol was considered necessary in the past when gulls were less detered by the noise-makers. The source of noise (exploders- propene gas) was not moved at the sanitary landfill and the gulls appa- rently became acclimated to the explosive sounds. 1171.CO!.Y.F.IMATIONS Management techniques are currently implemented for the control of gulls, blackbirds and ducks. The only suggesticn that can be made in this area is that the use of these noise-makers be more vigorous at the Plying Cloud Laadfill and that their positions at the site be changed periodically. The airport proper possesses few bird attractants and, therefore, requires no alterations. One last suggestion concerns the reporting of actual bird-strikes. At St. Paul Downtown Airport, those interviewed believed that the paper- work would be too incon -;enient to warrant reporting bird-strikes. ,However, those interviewed at klying Cloud Airport were unaware of an.; rc?ortin.., procedure. Perhaps, a general education of 12 .0"3 _ cernin the procedure and ilaportan.:e o: bird-strike reporting mi-ht be • 'bene:icidl. et TABLE 1 Flora-Airport ProvercY Fescue (Festuca sp.) Bluegrass (Pon sp.) Dandelion Crara%acum officinale1 Yarrow (Achillea Sweet clover (lelilotus alba) Mullein (Verbascum thansus) Plantain (PlantaAo sp.) Raged (Ambrosia sp.) Thistle (Cirsium vul ,are) TABLE 2 Fauna-Airport and Viciniti Birds: Ring-necked pheasant (rhasinnus colchi::us) Mourning dove (i;paidura macroura) Horned lark (EremouhlIa alpcstris) Meadowlark (Sturnella sp.) Bobolink (Dolichonvx orvzivorcrls) Killdeer (Chlradrins vociferns) Brown-headed cowbird (kdothruz ater) Gonmoa grackle (:!uiscalus oniscula) Great blue heron (!rdes her2dia3) 1ed-win3ed hla,:kbird (A ,elsius ph.)eniceus) Cvamon tern (Sterna hirundo) Mallard (Anas platvrhvnchos) others-sparrows, Ler,se, ducks, co ,:s, shorebirds, hawks, grebes, swans Mmtnals: Franklin's b round squirrel (Citells franklinI) 13-lined ground squirrel (Snermonhilus tridocmlineatuz) Striped sl:unk (Mephitis mcphitLs) E. chipmunk (Tamias striatns) Red fox (Kulros •ulva) Woodchuck (Marmots monnx) White-tailed jackrabbit (lepus townsendii) t r. 9 ViN :••• -C C".n LEGEND TO 1.1.1d' 1 A - cornfield on airport property which is leased to the farmer B - cornfield on private property M - shortgrass reodow airport property line REFERENCES 1. John Tester and Larry ThomCorde, "Taoloi,ical Reconnaissance Report", unpublished report on the proposed Lower Minnesota River National Wildlife Rue, Sumner 1973. 2. 'Draft Environmental impact Assessmen4 Report for Proposed Ex- tension to Runway 9R-271,' prepared for Minneapolis-St. Paul M.A.C. by Hoyle, Tanner and Associates, Inc., by L. G. Copley Associates, Accoustical Consultant, Newton, Mass. April 1979. TABLE 2 cont'd. E. cottontail (Sylvilas floridaueS) Neadow vole (Hicrotus pennsylvanicur.) White-tailed deer (Odocoileus vir ,ianus) others-mice, shrews, moles, etc. TABLE 3 Bird-Strikes: (within the past 12 months) Aircraft Function Damarx Species sin:le-engine (piston) private pilot none gull cull tr ADF antenna cull It trainin„:, none sparrow t t duck It unknown .••• mourning dove blackbird dented win o gull multi-enzini (piston) charter-passenLers none duck f t cull (NOTE: The strikes listed ebove were not re2orted but '.ere determined through interviews - r:tier to list un FaL,e I nd 2) G ,eat takes Re g stm 2300 East Devon Avenue Des Flames. itinscas 60018 I ob;...!. • 660.6 j 6E0.7 6WAS i &MS 1 1 dIonsportabon radtval Aviation Aciminlat ratic:rn JUN 2 9 82 Regional Director Region 3, Refuge Planning Fish and Wildlife Service U.S. Department of Interior Eishop Henry Whipple Federal Building Twin Cities, Minnesota 55111 Dear Sir: eased on the Memorandum of Agreement between t h e F i s h a n d W i l d l i f e S e r v i c e a n d the Federal Aviation Administration dated 1978, th e F W S a g r e e s t o c o o p e r a t e with the FAA to minimize property damage and pos s i b l e l o s s o f h u m a n l i f e involving aircraft, personnel and passengers, re s u l t i n g f r o m v e r t i b r a t e p e s t s . The FAA received a copy of the final Environmen t a l I m p a c t S t a t e m e n t f o r t h e development plan for the Minnesota Veley Nation a l H i l d l i f e R e f u g e o n M a y 1 0 , 1982. Two weeks prior to receipt of the above-me n t i o n e d d o c u m e n t , w e w e r e afforded the opportunity to review the draft Enviro n m e n t a l I m p a c t S t a t e m e n t f o r the plan; however, the formal review period for th e d r a f t e n d e d N o v e m b e r 2 , 1931. Since we were not made aware of the plan p r i o r t o t h e e n d o f t h e r e v i e w period, we were unable to comment earlier, and our c o m m e n t s " s h o u l d b e c o n s i d e r e d for incorporation into a revised final Environme n t a l I m p a c t S t a t e m e n t o r a n addendum. s-- Our Order 5200.5, FAA Guidance Concerning Sanit a r y l a n d f i l l s O n o r N e a r Airports, provides advice in the matter of estab l i s h m e n t o f a r t i f i c i a l attractants for birds in the vicinity of airports. V a r i o u s s t u d i e s a n d observations have resulted in the conclusion t h a t a r t i f i c i a l a t t r a c t a n t s f o r birds in the vicinity of an airport may be incom p a t i b l e w i t h s a f e a i r c r a f t operations. It is FAA's policy to prevent, to the e x t e n t p r a c t i c a b l e , t h o s e Lconditions that are not compatible. It is our position that the present wildlife refug e p r o p o s a l i s unacceptable from a compatibility standpoint, since artificial attractants JP Urds—arf. considered as incompatible land use by the EAA , _ i l _ l o c a t e d w i t h i n - a r e a s - -i-e;tatiri -S-h-Fd —fhliTitigh . _the application of the following cr;fteria: . _ ;1.474 f -F;t: Losee ne Ilennee tn be esee _ Jet iircraft. 2. Within 5,000 feet of any runway used only by pis t o n - t y p e a i r c r a f t . 3. Any area located such that it_places_thejunways_a n d i o r _ a p p r o a c h . . . a n d --&-pliffilrfferns of an airport between bird feedi n g , w a t e r , o r roostihg areas. 2 Areas outside of the above perimeters, but within the conical surfaces describe d by FAR Part 77 and applied to an airport, will be reviewed on a case-by-case basis. Two public-use airports, Minneapolis-St. Paul International and Flvino --Oth=4tIffilialy -turbbjet aircraft, will be affected by thejlropeled_develog-A. ment7--Bdtli-alfpatTffie—a hiSte-ry of -brirFobl .eii. It appears that, the propoged-developight of-fife-ToarreIon= area and the Opgrala area would fall within the areas identified as incompatible by the criteria contained in our Order. The plan recognizes the effect that aircraft noise will have on the Minnesota Valley National Wildlife Refuge and Recreation Area land, but makes no mention or study of the effect that the improvement of the wildlife habitat would have on aircraft operations at either airport. The situation that has developed is not unique. We have had a number of cases In the Great Lakes Region where development on the part of the FWS has not only jeopardized the future developement plans of an existing airport but has seriously derogated th e. safety of aircraft operations. I suggest that we use this case to open new avenues of communication between ou r agencies and that you contact our Minneapolis-St. Paul Airports District Office at 725-3346 regarding the current proposal. Sincerely, ro_ Paul K. Bohr Director t . Distribution: WRAS/AT/FS-2; FFS-0, FAT-0, FAS-1 (Normal) Initiated AAS -680 ORDER DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION dP 0 5200. 5 10/16/74 • SUBJ: FAA GUIDANCE CONCERNING SANITARY LANDFILLS ON OR NEAR AIRPORTS I. PURPOSE. This order provides guidance concerning the elimination or monitoring of open dumps, waste disposal sites, and sanitary landfills on or in the vicinity of airports. 2. DISTRIBUTION. This order is distributed to Washington headquarters and Regional Airports, Flight Standards and Air Traffic offices to division level; all Airports District Offices; and Flight Standards and Air Traffic field facilities. 3. BACKGROUND. Garbage dumps, sanitary landfills or whatever title is used for this type of operation attract rodents and birds, erodes the airport environment, and where the dump is ignited, creates smoke - all which are undesirable and are potential hazards to aviation. While the chance of an unforeseeable, random bird strike in flight will always exist, it is nevertheless possible to define the high-risk conditions within fairly narrow limits. Those high-risk conditions exist in the take-off, climb-out, approach and landing areas on and in the vicinity of airports. The increasing number of bird strikes reported on aircraft has become a matter of concern to the FAA and to airport management. Various studies and observations have resulted in the conclusion that sanitary landfills are artificial attractants to birds. Accordingly, landfills located in the vicinity of an airport may be incompatible with safe flight operations. Those conditions that are not P compatible must be eliminated, to the extent practicable. Airport owners need guidance in making this decision, and the FAA must be in a position to assist. Some airports are not under the jurisdiction of the community or local governing body having control of land usage in the vicinity of the airport. In these cases, the airport owner should use its influence and best efforts to close or control landfill opera- tions within the general vicinity of the airport. 4. ACTION. a. Sanitary landfills located within the areas established for an airport by these guidelines as set forth in paragraph 5 of this order should be closed. If a sanitary landfill is determined as 5200. 5 10/16/74 incompatible land use under guidelines of paragraph 5 and cannot be closed within a reasonable time, it should. be designed and operated in accordance with the criteria and instructions issued by the Environmental Protection Agency, the Department of Health, Education and 'Welfare, and other such regulatory bodies that may have applica- ble requirements. FAA should advise airport owners against locating, 1 / permitting or concurring in the location of a landfill on or in • the vicinity of airports. b. The operation of a sanitary landfill located beyond the areas described in paragraph 5 and designed in accordance with the guide- lines identified in the foregoing paragraph must be properly super- vised to insure compatibility with the airport. If at any time the Landfill, by virtue of its operation, presents a potential hazard to aircraft operations, the owner shall take action to correct the situation or terminate operation of the landfill. Failure to take corrective action could place the airport owner in noncompliance with the commitments under a grant agreement. c. An inspection of current operations at existing landfill sites which have a reported potential bird hazard problem will periodically be made and evaluated. A Bird Hazard Croup formed under Order 5200.4 .rdatee 11/20/73 could appropriately be available for consultation ''' regarding this activity. Should it be found that birds attracted to the, landfill site do in fact constitute a potential hazard to aircraft, the condition will be reported to AAT-430, National Flight Data Center (NFDC), for possible inclusion in the Airman's Informa- tion Manual. The appropriate FAA office should immediately evaluate / the situation to determine compliance with the grant agreement and V. take such action as may be warranted under the guidelines as prescribed in Order 5190.6, Airports Compliance Requirements. d. This order does not apply to landfills used exclusively for the dis- posal of rock and earth. ie. This order is not intended to resolve all related problems, but is specifically directed toward eliminating sanitary landfills in the proximity of airports, thus providing a safer environment for air- craft operations. f.\ The airport operations manual should require landfill site inspec- '-'1 tOni-at-least-semimonthly -for-those -iamtf111-6perations that cannot be clos-eT176-7161ruff -tlidt-BIrdaromviaticch—EF-115I-InZreasing. Page 2 10/16/74 5200. 5 g. Additional information on solid waste disposal, bird hazard and related problems may be obtained from the following agencies: Bureau of Sport Fisheries and Wildlife U.S. Department of the Interior 18th and C Streets, N.W. Washington, D.C. 20240 Office of Solid Waste Management Programs (HM-562) U.S. Environmental Protection Agency 1835 K Street, N.W. Washington, D.C. 20406 U.S. Department of Health, Education & Welfare 330 Independence Avenue, S.W. Washington, D.C. 20201 5. CRITERIA. Sanitary landfills will be considered as an incompatible use if located within areas established for the airport through the application of the following criteria: a. Landfills located within 10,000 feet of any runway used or planned to be used by turbojet aircraft. b. Landfills located within 5,000 feet of any runway used only by piston type aircraft. c. Landfills outside of the above perimeters but within the conical surfaces described by FAR Part 77 and applied to an airport will be reviewed on a case-by-case basis. d. Any landfill located such that it places the runways and/or approach and departure patterns of an airport between bird feeding, water, or roosting areas. WILLIAM V. VITALE, Acting Director Airports Service, AAS-1 Page 3 i I PUBLIC NOTICE of the Apit 18 igSS APPLICATION FOR A PERMIT TRANSFER OF A SOLID WASTE DISPOSAL FACILITY Minnesota Pollution Control Agency Rules of Procedures, Chapter 7000.0100 - • 7000.1700 require public notice to be prepared and issued by: Minnesota Pollution Control Agency Solid and Hazardous Waste Division 1935 West County Road 82 Roseville, Minnesota 55113 Public Notice No: 54-SW-162 Names and Address of Applicant: Woodlake Sanitary Services, Inc. 9813 Flying Cloud Drive Eden Prairie, Minnesota 55343 Public Notice Issued On: April 16, 1985 Name and Location of Facility: -:t Flying Cloud Sanitary Landfill Sections 26, 27 and 34, T116N, City of Eden Prairie Hennepin County, Minnesota NOTICE: The above named applicant has applied for reissuance of a 'permit to expand, construct and operate a solid waste disposal facility in . Minnesota. If the facility proposed in the application can be approved, a permit may be issued by the Minnesota Pollution Control Agency for a term of approximately five years. At least 180 calendar days prior to expiration, the applicant must submit a new application for reissuance of the expiring permit. The applicant proposes to expand the existing 105 acre landfill (see attached drawing). The landfill was first permitted by the MPCA in 1970; the permit was amended in 1983 to clarify the extent and capacity of the landfill. The pro- posed expansion consists of two components, I) filling 42.4 acres of land east of the existing landfill; and 2) vertically expanding the existing landfill by an average of five feet. There would be no significant increase in the elevations at the northwestern, western, and southern perimeters of the site. The expansion would add 5,644 acre-feet of capacity to the site, representing an additional seven years of fill capacity based on the present rate of filling. A clay methane barrier with the same design as the existing barrier will be constructed along the entire south and east side of the horizontal expansion area. The barrier will work in conjunction with the existing methane extraction wells and collection system. Both systems are designed to not allow the lateral migration of any gas in concentrations above the lower explosive limit beyond the facility property boundary. In addition to the existing gas montioring pro- bes, a series of new probes will be installed in 100-foot intervals along the southeastern perimeter of the horizontal expansion area parallel to the boundary. -2- A liner and leachate collection system will be installed beneath the horizontal expansion area. The system will consist of a sloped natural clay liner overlain by a sand drainage layer. A piping network will be installed within the drainage layer to remove the leachate. The permit requires the submittal of detailed plans and specifications for the actual construction of the system. The liner and collection system will be constructed in stages in advance of waste disposal activity. Construction will commence immediately on issuance of the permit in the southeast section of the landfill and will proceed north and In a counterclockwise direction as the waste capacity in these areas is utilized. During the initial excavation in the southeast portion, waste will be disposed In the southwest section of the landfill so that this area can be brought to final elevation within a relatively short period of time. In addition, a 1,000 foot separation distance will be maintained between the landfill boundary and the nearest houses in the Bluffs West Second Addition and approximately 800 feet will be maintained to the nearest undeveloped lots not owned by Browning Ferris Industries. Ground water quality upgradient, downgradient and in adjoining areas will con- tinue to be monitored. An impact assessment and routine monitoring will be con- ducted on Grass Lake. Under the proposed closure plan two feet of final cover consisting of clayey soils will be placed over each fill area. The final cover will be capable of supporting vegetative growth. Final cover will be placed within 30 days after closure or as soon as appropriate weather allows such place- ment. Final cover will be graded, and short-term control measures will be used to minimize erosion and limit settlement. Final vegetative cover will be planted in the spring or fall planting seasons, consistent with the end use and landscaping plan for the site. - The landfill will be inspected and monitored following closure for a period of 20 years. The leachate collection system, the gas monitoring system, the final cover and the surface water diversion measures will be inspected and maintained. In addition, water quality monitoring will be conducted for 20 years. The appli- cant is required to submit financial assurance for the long-term monitoring and maintenance of the site. • The determination to issue a permit is tentative. Interested persons are invited to submit written comments. The comments submitted must include the following: 1. A statement of the person's interest in the permit transfer; 2. • A statement of the action the person wishes the MPCA to take; 3. The reasons supporting the person's position, stated with sufficient specificity as to allow the Director to investigate the merits of the person's positions. -3- Interested persons may also petition for a public hearing in accordance with MPCA Rules of Procedure, Chapter 7000.1000 and 6 MCAR S 4.4011. If a person requests a public informational meeting or contested case hearing, the comments must include the items listed and a statement of the reasons the person desires the MPCA to hold a public informational meeting or contested case hearing and •the issues that the person would like the MPCA to address at the public infor- mational meeting or contested case hearing. The MPCA's review and decision on such a request shall be in accordance with Chapter 7000.1000 and 6 MCAR § 4.4013. Comments or petitions for public hearings should be submitted in person or by mail within thirty (30) days after the public notice issue date and no later than May 16, 1985 . Deliver or mail all comments to: Minnesota Pollution Control Agency Solid and Hazardous Waste Division 1935. West County Road 82 Roseville, Minnesota 55113-2786 The public notice number should appear next to the above address on the envelope and on each page of any submitted comments. All comments received within thirty (30) days after the public notice is issued will be considered in the formulation of final determination. Public notice of the plans and specifications is discretionary with the Director, but in all cases a letter notice will be sent to all persons who indicate an Interest in the plans and specifications. The proposed amended permit along with a Record of Decision is available for Inspection and may be copied anytime between 9:30 a.m. and 3:30 p.m., Monday through Friday. Copies of the public notice, existing information and proposed amende conditions are available at the address shown above. If you have any questions regarding the proposed amended permit, as drafted, please contact Kenneth H. Podpeskar, P.E. at 612/297-1786. Please bring the foregoing to the attention of other persons whom you know would be interested in this matter. 1 0 Figure 4. AREA TOPOGRAPHY Bete Map Source: U.S.G.S, 2000 4000 feet Eden Prairie 7.5 min. amid. The location of the waste permit .shall be in Sections city of Eden Prairie, Hennepin A. Facility Descrintion. The permit shall be a sanitary I approximately 240 acres of wh - planned for disposal of solid r) placement of an additional 5,64 . waste and cover material on and a of waste and cover material alread acuity authorized by this within an area of 148 acres are r.reeilit authorizes the 'et of compacted solid t to the 5,261 acre-feet lace. tal Expansion Area. This area consists of the 42.4 acres ast of the existing landfill as denoted on the plans -uary 6, 1985, received February 7, 1985. The capacity ea authorized for filling is 2,475 acre-feet of com- id waste and cover material. PERMIT FOR CONSTRUCTION AND OPERATION OF A WASTE DISPOSAL FACILITY Pursuant to authorization by the Minnesota Pollution Control Agency in accordance with Minnesota Statutes Chapters 115 and 116, MPCA Rules Parts 7035.0100 - 7035.2500, and MPCA Procedural Rules Par 7000.1700. Voodlake Sanitary Service, Inc. 9613 Flying Cloud Drive Eden Prairie, Minnesota 55344 /1.)- is authorized by the MPCA to construct and operate th lying Cloud Sanitary Landfill under the conditions set forth herein. The de .nnindtion to issue this permit is discretionary with the MPCA and was made .,ub quent to MPCA review of the permit application. PART 1. CONSTRUCTION A. General Location. . authorized by this 1116N, R22W in the Minnesota. The portion of t,b2_facility authorized for filling by this permit consists of thy, 1. Vertica Ex ins on Area. This area consists of the 105 acres as 'entes e ne pIaii ted February 6, 1985, received Februa 7, 85 r vious filling has occurred. The capacity thi area authorized for filling is 3,169 acre-feet of compacte so1.4 waste and cover material. Filling shall be • accomplished b exp ding the final vertical elevation of the landfill to the'i elevations as denoted in the plans dated February 6, 1985, received February 7, 1985. Thisvnwifdoes not allow the disposal of solid waste in any other area of-tfic facility unless approved by the Director. -2- C. Plans and Specifications. The permittee shall construct the sanitary landfill project authorized by this permit in acc nce with the plans dated February 6, 1985,. received February , 1.85, . which are attached hereto and incorporated herein. The .pp..val, by the MPCA, of the plans and specifications shall not .e co trued to release the permittee from any present or subsequ t ylvirL -ents of statute, rule, regulation, or ordinance. • D. Special Construction. The permittee shall construct the followi ii features: 1. Liner and Leachate Control System. The er ttee shall install a liner and leachate control system be eat the horizontal expansion area. Within three months ro th , -fective date of the permit, the permittee shall subn t .(an an specifications for the liner and leachate control sy tem. I luded in the submittal shall be a discussion of the tent al for physical, chemical or biological failure of the line ana he measures to be implemented for the long-term maintenance ti system. A quality control and assurance plan shall be inc ..ed in that submittal. The plan shall discuss the field verification procedures, the frequency/a4Lesting, the inspection schedule, and any other measures t of the liner and leachat not be allowed to dispose expansion area until after design of the liner and leac Director and until after rece as outlined in Part I.E. of thN oented during the construction The permittee shall te in the horizontal I-Frtten approval for the trol system from the construction certification rmit. At a minimum with the f' designed percent 100 mi by the design sh, 0 liner/leachate collection system in conjunction r system required in Part II.C. shall be n overall site efficiency of at least 98.5 at). Overall site efficiency is defined as calculated leachate release divided and multiplied by 100 percent. The 'as follows: n liner shall be compatible with the waste shall have an expected life for at least 20 years after closure. The base liner shall be graded to minimum two percent and a maximum five percent slope and 1,1 be at least three feet thick if a natural liner is led or at least 30 mils thick if a synthetic membrance talled. Above the liner shall be a minimum 12 inch layer of sand. The liner and sand layer shall be in such a manner to ensure that the overall site iency is being attained. a. Liner. Thltnel and leachate 3. Methane Extraction Wells an CoM extraction wells spaced approVa e constructed along the southw an boundaries in accordance with tl Methane Report," received August on System. Fourteen gas y 150 feet apart have been west portions of the landfill port entitled "Part V.A. , 1983. Collected gas shall be -3 - b. Leachate Collection System. The design of the collection system shall be based on the estimated quantity of leachate produced by the facility during the operating life ).;.A4 after closure. The system shall be capable of collecti removing leachate for a period - of 20 years after/tic:lure. The collection pipes shall be at least four in . diameter and shall be of sufficient strength loads experienced during construction and di solid waste. The pipes shall be protected fr`or(cloggi by the use of permeable filter fabric. The design shall provide for the proper inspection and clean-out of the collection system. .2. Methane Barrier. A clay methane barri h been constructed on the excavation slopes along the eayt ad s *beast landfill boundaries between future wastes dep si a t', Bluffs West Second Addition housing development. Its • me sions are 1,600 feet long, 80 feet in height, and at l 'è t 3 inches thick placed at a slope of 2.5 to 1 (horizontal o v. tical) Corn- patted at 95 percent standard Proctor maximu den ity to achieve a maximum coefficient of permeability of 1 x l. -m/sec throughout the depth of the barrier. A barrier with the same design as the existing barrier shall be constructed along the entire south and dated February 6, 1985, eceLyed r 7, 1985 prior to the east side of the horizon al e sion area as denoted in the plans deposition of any waste. 'seral piping to a combustion station for water d by a motor/blower through a flame arrester, e. 4. Methan Mon't-t/ri hes Twelve monitoring probes have been installe ,roun' the facility. Seven of these are on the west side of the ite nd the remaining five are located on the east side of the si as enoted on the plans dated February 6, 1985, received Februar) 1985. The probes monitor multiple depths and are constructed in accordance with the report entitled L,V.A. Methane Report." Within 60 days after completion of methane barrier, the permittee shall install a series level monitoring probes with similar construction to ng probes to monitor the effectiveness of the barrier. 25 shall be installed in 100-foot intervals along the rn perimeter of the horizontal expansion area parallel 'vised boundary. In the event that the probes identify ificant methane migration to the east or southeast, an -4— active methane collection and extraction system shall be installed On the east side of the landfill. Significant methane migration, means that the concentration of any explosive gas may n exceed 25 percent of its lower explosive limit (LEL) at any ring point. At all times the facility Shall not, allow th miration of any explosive gas in concentrations above the L bey d the facility property boundary. 5. Surface Water Runoff Ponds. A surface water runofT detenti pond has been constructed to hold runoff water volume from a 100-year rainfall event. The pond is located in the southeast corner of the landfill property and has a Itflow elevation of 855 feet MSL. Pond discharge water is nv fed via pipe to a surge pond located south of Riverview ad Within 90 days from the effective date of this permi , e p ittee shall Install measures in the detention po d ic. wi increase the efficiency of the particle settling c abi iti s of the pond and which will remove potential contamiitacts rom the surface . of the pond. 6. Noise Berm. The permittee shall construct a 15'.fd rot high berm al ong the east-southeast side of landfill. 7. Fencing. The Permittee ill a 15 foot high fence on the east-southeast si -'on area to minimize potential impacts from li the facility. Since the actual design and T Lue berm and fence are dependent on the approved li.er/ ea .nate collection system, the specifications for the berm a 4 fece will be submitted along with the liner/leachate collect'oOlystem design required in Part 1.0. E. Construction C -tific,*ion. The permittee shall notify the MPCA when the special c.nst “,tio is completed and shall provide a construction certificati f a pro 1 by the Director. The certification, signed by a profe sio al ngineer rt.istered in the State of Minnesota, shall certify, wi an ex .4, sted, that the construction has been completed in cord rice with the plans and MPCA permit. In addition, It shall be cert ice 'hat an MPCA-approved water monitoring system and the methane ex ctl n wells, methane monitoring probes, liner and leachate collecti ystem are fully functional. or Additions. The permittee shall not make any r adaltion to the sanitary landfill facility thit -7611d• !Ter the method or effect of disposal without first epin County and the city of Eden Prairie and obtaining isent of the Director. not be less th The final co, six percen compacted 1 -3 permeability layer shall con be sufficient to at least two feet thick graded to a minimum shall consist of at least 12 inches of :hieve a maximum coefficient of 0 -13 cM7lec throughout. The remaining 12 inch on-site soil mixed with top soil which will a vegetative cover growth. ••n .5- PART II. OPERATING CONDITIONS A. Operator. The operator shall be certified in accordance wi ,p4\the MPCA's Operator Certification Rules (Chapter 7048). B. Waste Characteristics. This permit approves the disposill of.,5,644 acre-feet of compacted in place mixed-municipal solid cover material. This permit does not authorize the wastes determined to be hazardous in accordance with U.S. Environmental Protection Agency (EPA) hazardous waste regu- lations and MPCA Rules, Chapter 7045. This permit does authorize disposal of nonhazardous industrial solid wasA,,subject to the conditions outlined below. (tten request 1. The permittee shall submit to the Dir for the disposal of industrial solid 2. The written request shall include an e the quantity, the frequency, and the proci disposal. 3. Industrial solid waste shall not be disposed in the landfill without the Director's approval prior to disposal. 4. Those wastes listed in M shall not be disposed in obtaining the Director's a disposal. Rules, Part 7035.1700 V. wiihout requesting and ined above, prior to C. Cover Requirements. Daily cover s 111 consist of six inches of soil placed over compacted fill material. I ,termediate soil cover (cover over fill exposed for an extended period of 120 days or longer) shall The permittee shall establish and maintain an acceptable vegetative Ler the facility which minimizes erosion and promotes Iration. The seed mixture shall consist of a mixture ing and long-term shallow rooted plant species. is being covered, the following measures shall be 1. The permittee shall noti at least three working d cover is being applied an gP.CA's central office inspector advaTismlm,m.: each period when final 1"17Z-6 testi g is occurring. D. Equipment. The permittee shall equipment at all times during the case of equipment failures, equiva provided for the operation of the fa 5nd maintain adequate tion of the facility. In ackup equipment shall be ty. -6- 1. A minimum of five samples from the material source area shall be tested for standard Proctor maximum densit moisture content before construction starts.. .2. The moisture content of the low permeability cover m al • must range from at least the optimum moisture cont more than five percent over optimum moisture cont the material is being emplaced. 3. The cover material shall be placed and compacted to at least 95 percent of the standard Proctor maximum density. 4. For the low permeability unit, a minimum, . moisture-density test shall be taken p Additional tests may be taken dependi the material. 5. If the material is not performing prope 1 • a demonstration shall be necessary to verify that the cove in specifica- tions are being met. This may dictate the n d i some field permeability testing on an as-needed basis. Ft,1 permeability testing may also be used in lieu of moisture-density testing. E. Sign. The per landfill whic refuse must prevent th ball maintain a sign at the entrance to the aste haulers of the state requirement that covered when transported to the landfill to ing of the material. F. Monitoring. 1. The following ist g monitoring points (W-1 through 14-11) and future monitoring nt (14-12) shall be sampled in July and October and analyzed for each of the parameters listed in I.F.3.b. The following monitoring points (14-1 through 011 be sampled in April and analyzed for each of the 5 listed below in Part II.F.2. In addition, at least , 14-3, 14-4, 14-5, 14-7, 14-10, 14-11, and 14-12 shall be i analyzed in April and October for the parameters Part II.F.3.a. -7- Monitoring Point Number Common Name The locations of these monitoring po(nts<arq/as)shown on the facility monitoring systems map, date4,FeMary (6, 1985, received by the MPCA on July 8, 1982. Within 30 days of the effective date of this ermt, wells W-1, W-3, W-4, and W-8 shall be replaced with wells , W-3A, W-4A, and 1?-8A. Within 30 days of the effective date of this permit, a well, designated W-12, 51101 be installed adjacent to W-2A. The locations and depths the Director. Following wells W-1A, W-3A, W-4A, a W-4, and W-8 in the sampli 60199 65299 60399 60499 60531 60699 60764 60899 60999 61099 61199 61299 zlis shall be those approved by 411 Part II.F.5. and F.6., lace wells W-1, 14-3, forth in Part II.F.1. Within 60 days of the effecti plan indicating the location o water monitoring points shall b6 2. Samples sh e of this permit, a revised past and existing ground mitted. Alk Am-oni Ar Cadmi Calcium, Chemical Chloride Chromium, Total Dissolved ppper, Dissolved solved Solids, Total Dissolved Dissolved Magnesium, Dissolved Manganese, Dissolved Mercury, Dissolved Nitrate + Nitrite, as N pH (field and lab) Potassium, Dissolved Sodium, Dissolved Specific Conductance Sulfate Suspended Solids, Total Temperature (field) Zinc, Dissolved n, any odor, color, or sediment noted at the time of shall be reported. The Director may require analysis for al parameters or more frequent sampling. 1,2-Dichlorobenzen 1,4-Dichlorobenz 1,2-Dichloropro; Methylene chl Methyl chlor) Methyl brom TrichlorofluMmethan Dichlorodifluoromethane Tetrachloroethylene Tric.1-oToethylene Vinyl aloride (1) Two measurements: in field, immediately after obtaining sample,azd in laboratory. (2) Of the sample a (3) As measured to at in field before pum -8- 3. a. Samples shall be analyzed for the following parameters: Benzene Toluene Ethylbenzene Chlorobenzene 1,2-Dichloroethane 1,1,1-Trichloroethane 1,1-Dichloroethane 1,1-Dichloroethyelene Chloroethane Chloroform Cis-1,3-Dichloro-l-Propene 1,2-Trans-Dichloroethylene b. Ammonia Nitrogen Chemical Oxygen Demand Chloride Iron, Dissolved Nitrate + Nitrite, as N 4. All laboratory tests shall be c nd ted using previously-verified analytical methods (i.e., Standa I ethods, EPA, ASTM, etc.). A description he proposed sampling procedures, a listing of all analytical .ethon with their corresponding detection limits, and laborator qu y ,ssurance and quality control procedures shall be subm te to he Director for review and approval within 60 days o th of ective (la, of this permit. This submittal shall be pro • ed en P rrmittee intends to change laboratories. wells established during the life of this • oped until field measurements of the yield stabilized readings from three separate samples: pH, specific conductance, and temperature. ,Ich well, these readings shall be submitted to the Director ew, together with one analysis for total suspended .solids log containing the following information: 2ci soil or rock description and classification, ed soil and rock properties, and elevations of and lower contact. Classfication shall be done qualified geologist or soils specialist. If the 5. All new moni 'permit shall b following paramefl! -9 - methods of drilling and sampling do not permit the soil characteristics and contact elevations to be described accurately and in detail, geophysical logs shafl . be provided. b. Location referenced to known control points, da completion, and name, address, and telephonb person or company responsible for constructi well. c. Depth of well; construction materials utilized, including well casing type and size, screen open' g size; size . fraction of screen packing material ed for casing and grout; methods used to drill the ho e, ace the sealed intervals, and develop the well; ev ,ior of the land surface, top of casing, and meas red wat 1 vels; elevations of the top and bottom f scr en, casing, and each type of backfill or seal; d ge physical logs, if any. Upon review and approval by the Director of taN&ormation required in Part II.F.5., analysis of the first two samples from each new installation shall include the parameters listed In Part II.F.2. The perm 0. „ hall advise the Director at least five working days efore the ' St sampling. /St ater elevation of re/ and recorded to at least eA levations shall be measured qrs quarterly for at least the elevations from the mani- e submitted to the MPCA with 7. Immediately prior to sampl any monitoring well shall bd the nearest 0.01 foot. Stat' In the nonsampled K-series first two years of the permit. toring wells and piezometers shal the sample rf•-sul-‘k required in Part II.F. g, tne mezN,4 wat -me 8. All water laborat 11 be collected and analyzed by an independent table to the Director. uth procedure of Part II.F.5. above or an to determine how much water must be evacuated znitoring well prior to sampling to ensure that tive of ground water in the aquifer. The ed sampling procedure shall be submitted in 60 days of the effective date of this permit, to the for review and approval. piezometers, or lysimeters abandoned during the life nit shall be abandoned in accordance with the ater Well Construction Code, particularly Minnesota ter 4725.2700. 9. The perM alternate 0 from each exi samples are repr results and recommd -1 0- 11. 'Special Monitoring Reauirements. a. The following water supply wells shall be included iii.‘the monitoring network: Name Cooley ResidenCe Flying Cloud Drive-In Theatre BF! Well 8-2 Addres 13881 River 9699 Flying Mud Dri 9813 Flying Cloud Drive 1) The location of their selection; be identified in t 2) A discussion of how b and biotic contaminant ons, the rationale for by which they will und, or ambient, water quality ntrations will be addressed; The Cooley and BFI wells shall be sam ' April and October for the parameters The Flying Cloud Drive-In Theatre analyzed in April for the paramet c. Within 270 days of the effective permittee shall submit for the Dird of the report required in Part 11.2., monitoring the possible effects of the 1 At a minimum the proposed monitoring plan 1a..1/1 be capable of monitoring the long term effects of the landfill on water quality and biota in ,C1.r.a.ss Lake. The plan shall include: 0 and analyzed in ed in Part 1I.F.3.a. hall be sampled and tin Part II.F.3.a, is permit, the approval, as part sed plan for 1 on Grass Lake. 3) The thpir seNtion; a which will be monitored and the rationale for 1 la ti and ch rs which will be monitored and the rationale n. This discussion should address the parameters in leachate from sanitary s, their persistence and potential for bioaccumu- he Grass Lake environment, and their acute toxicity to the Grass Lake biota; and 5) The sampling methodology, analytical procedures, and frequency of sampling. ttee shall monitor on a weekly basis the gas probes, Cloud Drive-In Theatre building and surrounding for levels of percent combustible gases and the osive limit. • • H. -Phase Development. The operator shY1 . contour elevations within the ter progress in accordance with the pla herein. Filling shall proceed in a velop - the site to final this permit. Filling shall ceived and incorporated ed sequence to establish final elevations reached, final with Part II. scheduled s struct ion I. End Use. The lift asopen sp of water occurrin§ soon as practicable. As final elevations are ball be placed over the fill in accordance permit. Final cover placement shall be mum areas are completed during the con- s of thi facility filled with waste shall be no construction or artificial application e unless approved by the Director. G. Reporting Renuirements. Quarterly reports on the operations of the landfill shall be submitted ot the Director by the the 30th • day of the first month following each quarter, i.e., January; April, July, and October. The quarterly reports shall in uch , .'but not be limited to, the information specifically requ and shown on report forms provided by the MPCA. Reports sVll llude average volume of each of the waste types received; n vehicles using the facility, other wastes accepted f spch and location by grid coordinates of disposal within toe site. Analytic results of water quality testing required in Part II.F. and gas monitoring results shall be reported the Director in May, August and November of each year. A ye rly summary of water quality trends shall be provided annually •y J wary 31 of each year. The summary shall include summary abl s a graphs showing concentrations versus time for all param te fr in rach monitoring point and static water levels versus tim for ach ground water monitoring point. A narrative discussion s 11 included which describes water quality variation in individu. we ' with time and water quality variation between downgradient ,nd gradient, or cross-gradient wells. The discussion shall inc 4 a descrip- tion of water quality and biotic contaminant concentration variation In Grass Lake. The discussio hall conclude which surface and ground water quality effects are t,' nably attributable to the landfill and describe any ch nger fflài ance needed in the monitoring network. • J. Special Operating Requirements. The permittee shall control odors, ;tors, birds and litter in accordance with Minn. Rule d the Wind Erosion Control and Dust Emission Source d Control Plan, Litter Control Plan and Noise Control ed by the Director and incorporated herein. anNlidi4oe ifications. The permittee shall operate the disposal sy "in iYver d by this permit in accordance with the plans dated . Febru 3 6 1935, received February 7, 1985 are attached hereto and incorpo • ed herein. -12- L . Impact Assessment on Surface Water. Within 30 days of the effective date'of this permit, the permittee shall submit to the Director the name of a consultant, and his qualifications, who shall con.Jit an evaluation of the landfill's current and potential effect 'Grass Lake, located south of the landfill in the Minneso floodplain. Within 60 days of the effective date of t the consultant shall submit a work plan for the study the work plan shall propose methods to: 1. Inventory and characterize the biota in and adjacent to Grass Lake; 2. Characterize the water quality of Grass terization shall include a comparison water quality, MPCA water quality st criteria at the incremental risk lei, and available aquatic toxicological 3. Evaluate if Grass Lake has been affected , th landfill. If Grass Lake has been affected the effects all be described and, where possibly quantified. The ential for further effects shall be evaluated. If no effects are evident, the sensitivity _DI...Grass Lake to effects from the landfill shall be evalua 4. Evaluate the feasibility effects from the landfill. consider the effects of reme concentrations in Grass Lake its biota and hydrologic budge 5. Establish a water qual 6. Estimat an al hy ologic budgets for Grass Lake over a range f gh average low flow conditions that may be antici tea. Th ance of ground water to the hydro- logic bu flt st. 11 be Included in these estimations. The influence o seas nal river flow conditions upon Grass Lake water flushin nd ,lntaminant retention shall also be sum- marized for high, , .rage and low flow conditions. cpte morphometric information necessary to evaluate itce and the contiguous wetlands utilizing standard • ical practices. hall review the work plan and require revisions . Within 270 days of the effective date of this pr it,`'the ,,ermittee shall submit to the Director the results of th Gra s Lake study along with a proposed routine monitoring plan required in Part II.F.11. 1. This charac- 4innesota River an health 00,000, n to mitigate study shall ion on contaminant 1 as the effects on -term monitoring program of Grass Lake's biota as required in Part Il.f.11.b. A. Closure. The permittee shall close the site j"-)the following manner: 1. Procedures shall be implemented to no media and the public of the closing 2. Access to the site shall be restricted: rector, the tute site. 4. Within three months from the permittee.shall subny, revised final contours All Is diverted around and aw minimizing erosion. Final raoc; to six percent slopes but final contours shall not incAase Part I.B. t effective date of this permit, final contours plans. The surface water drainage ity while still predominately five least two percent. The volume permitted in 5. A detailed ds.c.ciption, including a plat, shall be recorded with the C Include and 0th oister of Deeds. The description shall r s and locations of wastes, depth of fill, of interest to potential landowners. M7-FLits2jio. The permittee shall implement -13- H. Remedial Measures. If the results of the monitoring program on air, surface water and ground water indicate that the landfill is • causing a violation as determined by the Director of approp standards or human health criteria, the permittee .shall s the Director for approval a detailed Remedial Measures P Remedial Measures Plan shall identify the specific mea< to mitigate adverse impacts of leachate on ground tat water and of the build-up of gas migrating from the PART III. CLOSURE AND POST-CLOSURE CARE .3. Final cover shall be placed over all fill arN accordance with Part II.C. of this permit. 1. Long-term care eas es shall be instituted to maintain all slopes, swales, ement points, erosion damage, monitoring points, and damage to vegetation. The site shall be inspected p permittee on a quarterly basis for the first three thereafter on a schedule to be determined by the Director. nitoring and reporting as specified in Part II.F. this permit shall continue for twenty years after s closed. The monitoring program will be reeval- the Director on a five year basis and recommendations -14- will be made to either increase or decrease monitoring requirements. The Director reserves the right to reevaluate . the monitoring program and require modifications if th/M)ni- toring results indicate a need for such a review. contamination is detected during this twenty year p monitoring cease at the site. All wells shall/be abNoned In accordanc with the Minnesota Water Well ConS; Minnesota Rules Chapter 4725 when monitoring cea C. Financial Assurance. Within three months of issuance of this pen the permittee shall submit documentation for the Director's approval, which demonstrates Including a guarantee by its parent corporati the establishment of financial assurance fo post-closure care and monitoring of the shall include an inflation adjusted cost long-term care and monitoring, and a de Instruments which assure(s) the proper c and monitoring of the facility in accordance Director reserves the right to reevaluate the Intervals to determine its adequacy and to deterni can be refunded a partial amount of the investment. may be based on the monitoring results required in 8.2. above. proper closure, and y. The documentation r closure, the financial long-term care this permit. The five year the permittee his determination D. Closure Certification. The closure is completed and sha approval by the Director. The engineer, shall certify, with a has been completed in accordance and this permit. It shall be cer water monitoring system is fully ful toll notify the Director when e certification for atiz,isigned by the project 6n -S—listed, that the closure e plans and specifications that a Director-approved nal. E. If the permitteq permit, closur above requir PART IV. GENERAL ts to close the facility during the term of this facility shall proceed in accordance with the release the permittee from any liability, by Minnesota or federal statutes, or inances including, but not limited to, dose promulgated pu?!,-.W.nt to Minnesota Statutes Chapters 115, 116 400, and 473. This permit shall be permissive only and shall pstrued as estopping or limiting any claims against the its agents, contractors, or assigns, nor as estopping fly legal claims of the State against the permittee, ontractors, or assigns for damages to State property, alation of the terms of this permit. A. This permit s penalty, or duty regulations, or toe B. The MPCA's issuance of a permit does not prevent the future adoption by the MPCA of pollution control rules, standards, or orders more stringent than those now in existence and docs,Pocit prevent the enforcement of these rules, standards, or or .*against the permittec. C. The permit does not convey a property rightor an ex privilege. D. The MPCA's issuance of a permit does not obligate the MPCA to enforce local laws, rules, or plans beyond that authorized by Minnesota statutes. E. The permittee shall perform the actions or authorized by the permit in accordance w cations approved by the NPCA and in corn " of the permit. t the activity ns and specifi- the conditions F. The permittee shall at all times properly op te d maintain the facilities and systems of treatment and con 01 d the . appurtenances related to them which are installed sed by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintena adequate funding, adequate adequate laboratory and pro quality assurance procedures) maintain appropriate back-up necessary to achieve compliance and, for all permits other than If these back-up or auxiliary fa economically feasible. G. The permittee representati document r the permi to the Di or other doe H. The permittee sha ,n requested by the Director, submit within a reasonable time ti i formation and reports that are relevant to the control of pollution regarding the construction, modification, tion of the facility covered by the permit or regarding the the activity covered by the permit. perarag.... ass zont ce includes effective performance, staffing and training, and Ocluding appropriate shall install and ilities if they are 6 conditions of the permit bus waste facility permits, s are technically and aacv wie.6 /Nazar it mittee knowingly make a false or misleading statement, ification in a record, report, plan, or other submitted to the MPCA or to the Director by all immediately upon discovery report lission in these records, reports, plans, ad by Minnesota Statutes, sections 115.04; 115B.17, ; and 116.091, and upon presentation of proper cre- MPCA, or an authorized employee or agent of the e allowed by the permittee to enter at reasonable the property of the permittee to examine and copy books, time. A. The permit is not N19erable to any person without the express written approval of the MPCA after compliance with the require- f •PCA Rule Part 7001.0190. A person to whom the permit ransferred shall comply with the conditions of the permit. Jthorizes the permittee to perform the activities the permit under the conditions of the permit. In ermit, the State and MPCA assume no responsibility o persons, property, or the environment caused by . -16- papers, records, or memoranda pertaining to the construction, modi- fication, or operation of the facility covered by the permit or ' pertaining to the activity covered by the permit; and to co uct surveys and investigations, including sampling or monitor g per- taining to the construction, modification, or operation facility covered by the permit or pertaining to the ac'ivi covered by the permit. J. If the permittee discovers, through any means, inclOd-ifig notl ' by the MPCA, that noncompliance with a condition of the permit occurred, the permittee shall take all reasonable steps to minimii the adverse impacts on human health, public d 'nking water supplies, or the environment resulting from the noncor ii nce. K. If the permittee discovers that noncompl nc wi • a condition of the permit has occurred which could end ng hu an iealth, public drinking water supplies, or the environ'ont, e .rmittee shall, 'within 24 hours of the discovery of the nb compLance, orally notify the Director. Within five days of the disco ry the noncompliance, the permittee shall submit to the Director a wi 'ttel description of the noncompliance; the cause of the noncompliance, exact dates of the period of the noncompliance; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reducealle, and prevent reoccurrence of the noncompliance. I., The permittee shall report no comvi .reported under K. as a part of 'heNd i permittee is required to subm nde reports are required within 30 da noncompliance, the permittee shall listed in K. within 30 days of the dricovery of the noncompliance the permit not report which the this permit. If no the discovery of the lit the information M. The permitVe s all gi;e advance notice to the Director as soon as possib ral alterations or additions to the permitted -tivi'y that may result in noncompliance with a Minncota o federal pollution control statute or rule or a condition - permit. Amended Permit No. Dated: -17- the'activities of the permittee in the conduct of its actions, Including those activities authorized, directed, or undertaken under the permit. To the extent the State and MPCA may be liable for the activities of its employees, that.liabili .: explicitly limited to that provided in the Tort Claims Minnesota Statutes, section 3.736. . P. The Director may commence proceedings to modify or permit during its term if cause exists under MPCA R - 7001.0170 and 7001.0180. The provisions of this permit are severable, d if °any provision J/49 of this permit, or the application of any p ovi ion of this permit to any circumstance, is held invalid, the pp cation of such pro- vision to other circumstances, and the r mai der,4 this permit shall not be affected thereby. R. The permittee may request an extension o 'he d -.6es set forth in . this permit including the submittal and moni rio dates. The . request shall include justification for noncom with the date. Based on the justification, the Director m rant an extension. Q. • S. This permit is valid for fi terminated, revoked, or am of this permit, or to apply shall request that the MPCA allow for adequate MPCA review tion of the permit at the time for reissuance of the permit must; calendar days before the expiratio from the date issued, or until A. Prior to expiration rmit the permittee e the permit. To to avoid possible termina- mit expires, an application ubmitted no later than 180 te of the permit. MINNESOTA POLLUTION CONTROL AGENCY Dale L. Wikre, Director Solid and Hazardous Waste Division DRAFT RECORD OF DECISION pertaining to the Minnesota Pollution Control Agency Permit for the Construction and Operation of a Waste Disposal Facility for the Flying Cloud Landfill Expansion, Eden Prairie, Minnesota Introduction On December 27, 1934, the Metropolitan Council determined that Ampactment Statement (EIS) prepared by its staff on the Flyi expansion project in Eden Prairie, Minnesota was adequate. l.it detef means that environmental review on the project pursuant to the Rules of Environmental Quality Board (6 MCAR 3.021-3.054) has been completed and thfl various agencies with permit authority may proceed to grant or deny permits. ronmental ill 'on of decision (ROD) would PCA) Permit for Construction is document ended to indicate The EIS included a listing of permits for which a be required. The Minnesota Pollution Control Age and Operation of a Waste Disposal Facility was s constitutes a record of decision for that permit how the EIS was utilized in the process of permit Original Proposal, Permit Application of February, 1982 The proposed facility as described in the permit application—Zated February 10, 1982 consisted of a vertical expansion of 105 acres above the existing permitted landfill and a horizontal expansion facility. A network of gfound water detection were included as elements 6 did not include provisions for a liner Alterations to the Pro osal Arisin Durin and ubse uent to Environmental Review During discussions with the MPCA staff sine De ember, 1984, the applicant has suggested several changes in the project whic incorporate or respond to mitigative strategies 1,4U 7-0.4n the EIS. These changes are reflected in the permit, and are summa A acres adjacent to the existing olls and provisions for methane The permit application te collection system. A. A liner a the horiz .....!_jon system will be constructed beneath B. A methane bar the south and ea compacted clay will be constructed along of the horizontal expansion area. • C. Additional methane monitoring probes will be installed to monitor the of the methane barrier. Significant methane migration as by the Director, Division of Solid and Hazardous Waste CA, will result in the required construction of an • ?e collection system. 5 feet in height will be constructed along the east- 'de of the landfill. A. A plan for monitoring the Ate 'al erre '); Grass Lake, located in the M ne o ; . iver • facility, will be submitted t n th of the landfill upon lley south of the fipproval. B. The Flying Cloud theatre buildin combustible gas levels. be monitored weekly for -2- E. The.design of the runoff detention pond will be modified to increase particle settling efficiency and surface contaminant removal. - 'F. A 15 foot high fence will be installed on the east-south of the expansion area for purposes of litter control. G. Final slopes will •be redesigned at five to six perce with two percent slopes to divert surface water dra facility while still minimizing erosion. Proper vege'tTtive có be established which minimizes erosion and promotes evapotranspi i e nation m the 1 H. Separation distances of approximately 1,000 between the landfill boundary and the neare second addition and approximately 800 fee not owned by Browning Ferris, Inc. will . be modified to ensure the completion of than completion of other parts of the e separation distance uses in Bluffs West he undeveloped lots intp-i-Red. Filling will t area sooner In addition to the above changes in project design, t/h4,4>l,jcant has agreed to the following operational considerations. A. Three water supply wells in the immediate area of the facility will be included in the monitorino_network. EIS Mitioation Strateaie In the following sect are enumerated. If has been anticipat indicated. If the an explanation is of the EIS where the strat applicable condition in UI rious mitigative strategies listed in the EIS / is incorporated into permit condition or it revisions to the project, this is so 7-11-1._15-fluded in the revised project or the permit, r the reason for non-inclusion. The page number in resented appears in parentheses as does the t . A. Ground Water Impact Mitigation - Monitor Cooley residential well, Flying Cloud • well, and 8FI office well (P79). - Incorporated into permit (Part I.F.11. Special Requirements). 1. Strategy - LiMit vertic residual waste (P81-83). F.ansion't e filling of processed or Response - Strategy not inc completion of the vertical eX final contours and veoetative into permit or proposal. Rapid on and early establishment of is essential to the minimization pa -rat Qanse 5. Strato percent, Response - rated into permit (Part III.A.4.). -3- 2. Strategy - Construct a liner and leachate collection system as part of the horizontal expansion (P81-83). Response - Incorporated into proposal and permit (P Liner and Leachate Collection System). 3. Strategy - Forego vertical expansiOn (P81-83). Response - Strategy not incorporated into permit -or propoS. Permitting the vertical expansion is likely to extend the le of time during which the ground water may be impacted by leachate generated in the fill. The exirrhpg fill, already in place, is expected to be a source of 1 the ground water beneath the landfill to quantify existing impacts or the from the proposed expansion. Any i facility and the proposed expansion by increasing the slopes to promote rui The vertical expansion provides rapid ver increase in slopes without significantly in of precipitation entry into the\Li41, which in turn limits the production eachate. Availability of processed waste is presently driknow and such a restriction on fill material could prolong heiNve life of the vertical expansion. e and may impact ‘ever it is difficult increase in impacts he existing gnificantly reduced d reduce infiltration. ekevelopment and an g existing potential impacts. In addition, the permit prZyldes for monitoring and remedial action (see Part II.F., Monitoring, and Part 11.M., Remedial Measures) shoul;!-4.etamination be detected. contours to allow for greater (five to six 6. Strategy - Encou?s evapotranspiration through selective establishment of plant species (P83). - The permit requires the establishment and maintenance of ;e vegetative cover (see Part 11.C.). While vegetation with s of water consumption is encouraged, the primary tion is the rapid establishment of vegetation to protect cover system from erosion. Similarly, use of plant With deep tap roots may negatively impact the final cover f.easing its permeability. Decisions as to vegetation type wilT-therefore be made in light of the primary purpose of protecting the integrity of the final cover system. Response - A monitoring plan for Gi ak will be required by Parts 11.1.11. A Surface Water Impact Plan will be rey, permit. 9 • Strategy - End use should be jointly evaluated•bf the city of ram Prairie and the applicant to determine best use for interim and long-term (P86). Response - This will be by MPCA (Part 11.1.). E final cover system. Any 0 of water entering the leach,.te ca use should both protect the l'nal from the site. End use should no plan developed by the applicant approval loy,—•gi.e.,MPCA Director. end use must be approved Dsure use may impact the h —ill increase the quantities ot be acceptable. Ideally, end cover system and maximize runoff include sprinkling. Any end use the city would be subject to B. Surface WatV IroZ71;ts Vitigation 1. Strat areas (P101). by staging development, revegatation of ible, and stabilization of disturbed areas -4- 7. -Strategy - Construct a monitoring well in the Prairie du Chien formation, and monitor surface water (P83-84). Response - Monitoring is addressed under Part II.F of Ole permit. The Cooley well is a Prairie du Chien well and wi nitored. Surface seeps will not be monitored. Their sour es uiSown and they are not tributary to surface water bdcl Gr e, the nearest surface water body, will be monitored. Monito continue 20 years after closure (see Part 111.8.2. of the pe Monitoring will be accomplished quarterly, except during the winter. 8. Strategy - Corrective measures should contaminated ground water impact Gras vided should leachate- (P85). er quality and biota itoring Requirements. y Part II.L, of the Response - Dv op nt will be staged as per Part 71.H. of the permit. Final and revegetation will be promptly accomplished as per Parts 11I.A. and B. and II.C. of the permit. y - Improve efficiency of the on-site storm water detention periodic cleaning and installation of baffle weirs and (P101). - Incorporated into permit (Part I.0.5.). 3. Strs2Ienv - Establish a runoff water control system as part of the post-closure plan (P101). 3. Strategy Resoonie incor requit the grod EIS that e, exceed State left turn lane on Highway 169 (P122). ygulit for the left turn lane will not be nto the A solid waste permit, since such a to the MPLA charge for protecting r ality. Furthermore, it is indicated in the regulated pollutants are not expected to ;ds (P.122). flts Requi • Strategy - Move methane flare further from the Bluff's West vision (P144). - A passive methane system will be installed at the nd a flare will not be required at this time. - Increase number and monitoring frequency of gas P144). nse - Incorporated into permit (see Part I.0.4.). .5- Response - Runoff will be routed away from fill areas to the Zetention pond. Long-term care measures included in the post- closure plan require maintenance of swales and settle..:. points, and require the repair of erosion, damage and vegeta on oss (Part III.B.). C. Vegetation and Wildlife Impacts Mitigation 1.. Strategy - Reduce attractiveness of the fill as a source by application of daily cover (P112). Response - Incorporated into permit, se r rt 11.8., C., Part 2. Strategy - Monitor for "background" nd .ions relative to water quality and condition of the plant ommunities (P112). Response - Incorporated into permit PaiYII r.11. and II.L.). D. Hazardous Waste - No specific mitigation str were presented In the EIS. • E. Air Quality Impacts Mitigation 1. Strategy - Revegetate Response - Incorporated • 2. Strategy - Provide short-te-m control where revegatation Is not possible (P120). Response - Incorporated into poNailt. (Part teas to control dust (P120). 11.3., C., Part 11.3.). Response - The facility designed noise berm (see expected to assure that Sti exceeded. In addition, the ,-!rmi provision requiring the permONtee approved by the MPCA Director. ed with an accoustically- his provision is Standards will not be includes (Part II.J.) a general to follow a Noise Control Plan, pstrut se control strategies discussed in the EIS are in the scope of municipal ordinances and other to the city of Eden Prairie. This is par- ds which are stricter than the State F. Vector Impacts tion the 71 tel . iti ayilbli rly try of si.:Em, yegu 6io Several appropri contra ticul Noise -6 - 6. .Strategy - Increase monitoring frequency and provide methane . gas protection to the drive-in building if migration is detected (P144). Response - Incorporated into permit (Part 1.0.4., P9,(t )4.F.12. and Part II.M.). 7. Strategy - Increase buffer distance, delay deve within 800 feet of the landfill (P144). Response - Incorporated into permit (Part 1.C.). 8. Strategy - Provide additional monitorin an provision for secondary control of methane in south st dortion of expansion area (P144). Response - Incorporated into permit see•06rt 1.0.4, I.0.2.). 9. Strategy - Monitor vegetation for effect of i ,thane (P144). Response - Incorporated into permit (see Part J.12.). 10. Strategy - Reduce noise impacts through implementation of several strategies which were 1/111-D-44i,the EIS (P159). Strategy - Pray ally cover (P161). onse - This is a routine requirement of waste facility permits. ontrol is also addressed in Part II.J. of the permit. s Mitigation - Incorporate litter control plan into permit (P167). nse - So incorporated, Part 11.3. of permit. -7 - Strategy - Widen buffer zone in southeast corner of site (P167). Response - Incorporated in the permit (Part I.C.). . Strategy - Increase fence height to 15 feet for optAurylitter . capture (P167). . Response - A 15 foot high fence will be construetld (Pare 1.0.7.). (Note: Other specific operational sugge by the Litter Control Plan referenced i permit. These operational suggestion the subject of municipal control mea Visual Impacts Mitigation Strategy - Plant trees to conceal operat 183). Response - The combination of the 15-foot bern andscaping based on revised end use and the intervening distance to residents adequately minjllizes any visual impacts from the proposed expansion. ons are emcompassed t HA. of the also appropriately nd property values did Ti-Ition in the MPCA Solid er has agreed to stage the luff's West addition are ortion of the facility. The sections on traffic, land use, ai not include mitigative measures appro* and Hazardous Waste Division permit. T project so that property value impacts on\ minimized by early completion of the south icts FLYI CrO7n LANZTIZ: Comments cn Permit for C•nstruztion of the Expansion of Flyin? Cloud Landfill in Eden Prairie, Minnestta ly GE Consultants, Zr.:. (March 29, 1925) Part I. Ccnstruotion We have no comments on the size, loc'ation or facilf.ty description. Our only recommendation is that the County reserve approval of a permit until yo *u have reviewed the final plans approved by the State. Part I. r'onstrt: D. Scecial Cons _ ion 1. Liner an! Lea:hate Control System Pef ,.:rence: County Ordinance Fe:ti:n III, Su`.e -'4-n 4, Subparagraph: P. and V The quality :ontrol and assuran:e plan that the County presents should inolude field verification of all construction by a Registered. Frofecsicnal Engineer approved by the County. the Permittee should pr -7-.. to the County the verification schedule and details cf the program. The detail: are not described in Part I, Sub.e-'4 on C, as f.clied. Moving to the second paragraph, the liner in the leachate control system should be designed to capture 100% (not '90%) of the leachate generated fror the expansion; that is, 10% of the leachate seeping into the soiligroundwater is not acceptable. The controls should be set ur for a period of 30 years (not 20 years) after closure. The main leachate collection lines should be connected to a manhole at one end and have cleanout perts on the surface at the other end, so that the lines can be jetted out with water. The leachate collection systems should be cleaned annually to remove biological and mineral aepoeits. Otherwise. th collection lines may become clogged in a relatively short of time. The County should demand the right to review the specific design of the collection system. Details such as the trenches for the lines, the backfilling, the nanhole construction procedures, and riser pipes should be reviewed. A base of recompacted natural clay is more acceptable than an artificial liner. If the base material is to be a natural clay, a four foot thickness of properly compacted materials is acceptatie. If the Pernittee proposes an artificial liner, the County should insist on cc=plete review of the design prior to construction. An artificial liner would require a clean, graded, granular material both beneath an! above the liner. This granular material should be at least cne foot thick. In addition, it is our experience that constructing a leachate collection system above an artificial liner, can be difficult, due to the granular layers alcove and below the liner. The County should request a clear definition as to why a 30 mil thick synthetic membrane would be acceptable, as opposed to an 80 mil liner is acceptable. Also, the construction of the synthetic liner on the side slopes should be clarified; and It should be specified 'how the Permittee is going to construct this without having slippage along the sid S walls. The main points in Section 1 are: 1. The liner should be constructed to collect 100% of. the leachate generated. 2. Complete construction supervision should be insisted upon. 3. A synthetic liner is not recommended. 4. The leachate collection system should have a clean-out port at the surface on one end, extending to a manhole at the other, so that the lines can be cleaned cut annually. 5. All construction materials for a natural clay liner should be approved prior to its placen -ent; this includes the clay and granular materials. The collection pipes would be standard: only their design and installation need to he approved. Part I. Construction D. Fr:ecial Construction 2. Methane Barrier Reference: County Ordinance Section Subparagraphs W and Q Subsection 4, All clay methane barriers must be constructed of approved materials. If the barrier is in place for more than two weeks 'prior to placing refuse against it, it should be inspected to insure that there has been no damage from exposure to the weather, particularly erosion, cracking, or movement. The la.-rJe.v should not be allowed to freeze. On the south and east sides of the horizontal expansion area,. the barrier should be constructed so that it is continuous with and the base liner and no interruption exist in the protective systems. The newly constructed barrier should be constructed of materials inspected and tested under the direction of a registered engineer, and the placement of materials should be approved by the engineer. At the top of the methane barrier, the previously proposed landfill gas venting system must be installed. As the gas migrates up the side of the slopes, It will concentrat ,:, at the top, and if not vented, it can migrate from the site. This venting system - should be placed as previously proposed by 'Erowning-Ferris industries in their February 20, 19E1, amended engineering plans. We reco --end that the County inquire as to why this venting system should not be connected to the existing flare system, and the as Incinerated as it Is on the western side of the site. Fart I. Construction D. Special Construction 3. Methane Extraction Wells and Collection Systems Reference: County Ordinance Section III, Subsection 4, Subparagraph Q and W There appear to he no problems with this section. Two questions are: 1. what will they do with the water vapor that Is removed by the gas? 2. Does the flare cause any obnoxious odors or undue nighttime light visible from areas adjacent to the site? Part I. Construction D. F.necial Construction 4. Methane Monitoring Probes Reference: County Ordinance Section III. Subsection 4, Subparagraphs Q and E The monitoring probes should be spaoed closer together. This section states that the probes shall be located • a minimum of 200 feet apart, but only five probes are proposed over several thousa ," r'--b=s are relatively inexpensive to install and should be placed on 200 to 300 foot centers. The specific strata being monf'-vmd be determined for the individual probes, with approval by the County. as probes should be installed in the most permeable areas above the groundwater table. The only reason to place a probe beneath the groundwater table is if a porous, unsaturated layer underlies a clay layer. This type of stratification would provide an ideal long distance transport channel for gas. The freency of monitoring shall be as reported elsewhere. General Conments on Methane Overall, the County should encourage the landfi l l t o d e v i c e . • a system of actively extracting and utilizing the e n e r g y ( l a n d f i l l methane) developed from the landfill. . An activ e r e c o v e r y s y r t e r would result In less methane movement from the sit e . There are three main reasons for extracting an u s i n g t h e n e t h a n e fro= the site. One ir the reduction of the late r a l r i g r a t i o n a n d potential for explosions of the gas in off-ci t o b u i l d i n g r ; a second is the reduction of adverse effects that t h e g a r w i l l h a v e on vegetation in the cover materials and adjacent a r e a s ; t h i r d , i t can provide a renewable energy resource. The f i r s t t w o a r e o f particular concern to the County with regard t o p r c t e c t i n g t h e health and safety of local residents. The met h a n e b a r r i e r a n d monitoring zystem should eliminate the adverse I m p a c t s o f o f f - s i t e migration. Vertical gas migration presents another problem. Methane migrating through the cover can Inhibit or kil l v e g e t a t i o n w h i c h Is re .guired for esthetics and to protect the final cove r m a t e r a l . This vertical migration can be handled in tw o w a y s . O n e i s through an active recovery system, while the o t h e r i s t h r o u g h vents on top of the landfill. There is no discuss i o n o f e i t h e r o f these in the documents we reviewed. The County should not grant a oerrit until t h e q u e s t i o n c i vertical migration is orcoerls discussed. • Initially, we recommend that you propose that EFI providc collection- trenches and vents on 100 foot centers. This spacing is quite conservative. The final ventilation system should be approved by the County prior to acceptance. An alternative to this is an active landfill gas collection system. . Part I. Construction D. Erecial Construction 5. Surface Hater Runoff Ponds Reference: County Ordinance Section III, Subsection 4, Subparagraph H The section states that the, "Permittee shall install measures which will increase the efficiency of the particle settling capabilities cf the pond and which will remove potential contaminants from the surface of the pond." Two separate questions arise: first, is the surface water runoff to be treated from areas adjacent to the site, or will the water have come in contact with the refuse? If the latter is true, the water oust then be treated in a system prior to discharge. If the runoff is simply surface water from areas adjacent to the landfill, the water should contain no potential contaminants and only sediment. Secondly, what is meant by "potential contaminants and removal"? .Note that in Part I, Construction, of the State's permit, there are two Sections C and two Sections D. The first Section C deals with plans and specifications, while the second one deals with construction certification. The first 'Section D Is Special Construction, and the second one is Alterations and Additions. In the second Part I, Section D, Alterations and Additions, the County should state that the Permittee .must obtain written consent from the County as well as the State. Part II. Ocerating Conditions C. Cover Recuirements Reference: County Ordinance Section II, Subsection 4, • Subparagraph G and Q In the second paragraph it is stated that, The cover should have at least 12 inches of material compacted to 1 X 10 -6 cm/second." We recommend that 74 inches of 10 -6 cm/sec cover material to be used. It is also stated that 12 inches of on-site material should be placed over the 12 inches of cover. We agree that a 12 inch topsoil layer is feasible, but it may have to be compacted in order to be suitable to properly support vegetation. The topsoil layer should not be heavily compacted. The rate and application of the seed cover material should either be specified at this point, or require County approval. The techniques used should include mulching, and an increase of two to three times the normal seed applications of a very fast growing species such as rye, as well as permanent grass species. With regard to the testing of the materials source, a minimum of five tests should be taken, at locations selected by an Independent registered engineer. The engineer should decide If additional samples are required. Part II. Omeratina Conditions C. Ccver Reouirements Paragraphs 2. and 4. appear to he acceptable. Reference: County Ordinance Section III, Subsection 4, Subparagraphs G and Q Part II. 2peratina Conditions C. Cover Re:muirerents Paragraph 5. Reference: County Ordinance Section III, Subsection 4, Subparagraphs G and Q The staterent, "If the material is not performing pr:perly ..."should be clarified, as well as what is meant by "field testing." Under whose judgement will it be deened to be not performing properly? This particular clause is ambiguous. Part II. Oseratina Conditions F. Monitorina Parac!raph 1. Reference: County Ordinance Section III, Subsection 4, Subparagraph W In our opinion, the proposed monitoring points are not acceptable for the primary ground water points. There are two reasons for this opinion. 1. The well screens are too deep (35 feet to 220 feet below Part 11. Oneratinc Conditions F. Mcnitorinc Paragraph 12. Monitoring the Basis Gas Probes On A Weekl the bottom of the landfill). 2. The well screens are below the low permeability silt deposits; they should be above the silt. The well screen elevation for each well is listed on Table 1, along with the approximate distance between the bottom of the landfill and the top of the well screen. When new wells are installed, they should be located closer to the .base of the landfill, placed with a thorough review of the groundwater flow. Wells placed closer to the bast would provide earlier warning of leachate migration. Reference: County Ordinance Section II, Subnection Subparagraph W Monitoring the gas probes on a weekly basis is acceptable, and may even be excessive during the summer and fall months. However, it is acceptable in the winter. The section should have a requirement that the landfill operator report the results on a monthly basis to the County, and in the event that any of the as probes have a 1% combustible gas level, the landfill operator must notify the County on the same working day, or within 24 hours after the tests are taken. Part II. Oneratinq Conditions I. End Use Reference: County Ordinance Section III, Subsection 1, Subparagraph D In general, leaving the site open and unused for an extended period of time (until vegetation stabilizes) may be better than building a recreational facility on it, since any activity will cause damage to vegetation and increase the potential for erosion of cover materials. In the event that there is severe- drought distress to vegetation, the site should be carefully watered in order to enhance vegetation. The area should be fenced to keep people and animals out. Part II. Oaeratina Conditions M. Reredial Action Plan Reference: County Ordinance Section III, Subsection III, Subparagraph B A remedial action plan was not submitted. With regard to the testing of the materials, the final cover should be at least two feet thick and have a 10 -6 cm/sec permeability. In our opinion, it would be difficult (if not impo--^'e) to construct a one foot barrier on top of waste and have continuity of this layer. A thicker cover would provide a better surface cover. We are interested as to why the State wants 10 -7 cm/sec permeability for this layer, while most other states specify 10 cm/sec for the permeability. The inspection, field testing, and so on should .be done by an independent engineer. A compacted density of 95% of Standard Proctor (AFT!: D 6 9 8 ) w o u l d be acceptable, if it is correlated to compacted l a b o r a t o r y permeability. In this way, the field testing could consist of routine density testing. In our opinfon, it would be difficult to perform valid field permeability tests on soil with 1 0 -15 or 10 -7 cm/sec soil, especially on a layer as thin as 12 inche s . S a m p l e s should be obtained and returned to a laboratory for testi n g . TABLE 1. FLYING CLOUD LANDFILL Vertical Distance From Landfill Bottom To Top Well Screens Monitoring Point Number 60199 65299 60399 60499 60531 60699 60764 60899 60999 61099 61199 61299 Common Name W-1 w-2A W-3 W-4 W-5 W-6 W-7 W-8 W-9 W-10 W-11 W-12 Approximate Elevation of Top of Well Screen 710 710 680 710 710 600t 680 650< 785 750 770 Approximate Elevation of Bottom of Well Screen 820 820 820 820 820 820 820 820 820 820 820 Approximate Distance Between Screen and Landfill Bottom, teat 110 110 140 110 110 220+ 140 170+ 35 70 so (Not yet installed) OME Project No. 134 March 29, 1985 TABLE 1. FLYING CLOUD LANDFILL Vertical Distance From Landfill Bottom To Top Well Screens Monitoring Point Number 60199 65299 60399 60499 60531 60699 60764 60899 60999 61099 61199 61299 Common Name W-1 W-2A W-3 W-4 W-5 W-6 W-7 W-8 W-9 w-lo W-11 W-I2 Approximate Elevation of Top of Well Screen 710 710 680 710 710 600< 680 650< 785 750 770 Approximate Elevation of Bottom of Well Screen 820 820 820 820 820 820 820 820 820 820 Approximate Distance Between Screen and Landfill Bottom. feet 110 110 140 110 110 220+ 140 170+ 35 70 820 50 /399 FLYING CLOUD CLOUD SANITARY LANDFILL REVIEW NOTES The purpose of these review comments is to identify areas where additional data or analysis is necessary. The comments are presented in the order in which they were encountered within the report. Reference is made with regard to the specific section, pages, and paragraphs. In general, the report is poorly organized and difficult to follow. Specific references to sources material are not included with the materials made available to GME Consultants. Some Figure and Table numbers in the text are missing or do not match the actual Figures. III.A.1. SITE HYDROGEOLOGY EXISTING ENVIRONMENT Soil Page 6. The report introduces the concept of a "leaky confining layer" and defines this as "uneven layer of inorganic silts and very fine sands, silty and clayey find sands, silt with lenses of organic clays, and sandy clays and silty clays." The report says, on Page 8, that "the reason these soils (leaky confining aquifer) were not detected is that none of the exploratory borings within the depression (landfill area) were drilled deep enough." The report implies that the "leaking confining aquifer" will provide protection for the bedrock aquifers beneath the site. As discussed later, the groundwater data indicates, in fact, that the water flows towards the center of the site and downward to the bedrock. Geologic Cross-sections. The geologic cross-sections referred to in the Soil section, and presented in the Appendix of that section, have a horizontal to vertical exaggeration of 8 to 1. This exaggeration is utilized to project the "leaky confining layer" across the site. There is no evidence in the report to show that the "leaky confining layer" will act as an impermeable or a retarding layer for groundwater flow. An • examination of the figures and borings shows that there is little specific data from beneath the site, and the projections of the "leaky confining aquifer" beneath the site for all cross sections is questionable. The report's speculation on Page 8 of the deposition and the rationale for projecting the "leaky confining aquifer" beneath the site can be reversed to indicate it's absence. That is, the ice may have existed while the "leaky confining aquifer" was being deposited, and therefore this layer is missing beneath the site. Groundwater Page 8. In the third paragraph, the report states that the flow of the perched water above the "leaky confining aquifer" is towards the center of the site as indicated by the arrows. The copy of the report reviewed did not contain any arrows on Figure 6. However, if the groundwater divides exist on both sides of the depression and the flow goes to the center of the site as stated in the report, then the integrity or existence of the "leaky confining layer" beneath the site is questionable. POTENTIAL LANDFILL IMPACTS Groundwater Levels and Flow Patterns Page 13, first paragraph. The report states that the completion of the landfill will tend to increase the gradient of the groundwater flow towards the center of the site. Thus, any leachate from the landfill would tend to flow towards the center of the site and to the bedrock. Leachate Production The water balance analysis described on Pages' 13 through 17 were not checked for arithmetic accuracy. The approach seems correct and the results are reasonable. Leachate Movement Page 18 - The vertical flow velocity calculated for the flow through the bedrock aquifer as reported uses equation 4, yet the apparent formula utilized differs from equation 4. This should be clarified. The notations on Table 6 with regard to the bedrock aquifer and their significance should be discussed. With regard to Table 6, the report assumes a verticle permeability of 5.5 x 10 cm/sec beneath the landfill site. As previously discussed, there is no soil boring data or laboratory testing to verify this permeability value. The actual permeability may be three or four orders of magnitude larger. Thus the flow times may be less than predicted in the report. Groundwater Quality In the discussion of the groundwater quality the report did not discuss the potential for vertical flow of the leachate within the bedrock aquifer. There should be a significant difference between the specfic gravities of the groundwater and leachate. Thus, the leachate will not simply flow into the groundwater, the vertical flow of the two fluids must be considered. On Page 28, fourth paragraph, the report implies that upon reaching the groundwater, the leachate will move horizontally. The relative quantities of flow, influences of specific gravities, and flow velocities on the flow and dispersion of the leachate plume need to be examined. In the paragraph following, the report assumes that the groundwater will discharge into the Minnesota River. Although this may be likely, there is no evidence to prove it. On Page 28, paragraph three, the report discusses attenuation based upon the projected of a "leaky confining aquifer." Attentuation cannot be assumed for several reasons. They are: 1. The actual soils existing beneath the site are not known. 2. There is no chemical test data to indicate the ion exchange or absorptive capacities of the materials beneath the site. The analysis of the fate and mixing of the leachate and groundwater within Grass Lake, presented on Pages 29, 30 and 31, makes a number of assumptions and projections. The report does not consider the impact of the existing landfill and the leachate generated from it. From Table 5 on Page 17, the report estimates that approximately 50% more leachate will be generated from the proposed site than from the existing site when the surface area of the existing site is twice that of the proposed site. The report implies that discharge of these leachates into both ground and surface waters are acceptable as long as their concentration is dilluted to less than certain state discharge criteria. Impact on private and city wells The discussion on Page 32 of the impact on local wells dis m i s s e s t h e e f f e c t of the existing landfill on the water quality. However, t h e d a t a p r e s e n t e d on Figure 12 indicates that either leachate or road sal t h a s e n t e r e d t h e . groundwater and entered the wells. The informatiori c o n t a i n e d o n T a b l e 1 1 should be combined with that shown on Figure 12 to see i f a n y c o r r e l a t i o n exists between various parameters. The third paragraph o n P a g e 3 2 s h o u l d be expanded with regard to the conclusions and state m e n t s . T h e r e p o r t states that "the current monitoring system has detect e d n o s i g n i f i c a n t movements of leachate to date." However, the data sho w n o n T a b l e 1 1 indicates substantial variations in the parameters tested. The impact of the landfill on the City of Eden Prairie well f i e l d s h o u l d b e negligable. However, the report states that the private " w e l l s a r e s m a l l residential and business wells that are pumped intermittently at low rates and so will develop no significant cones of depression. T h i s m e a n s t h a t they will not significantly alter existing flow pattern s . " The report presents no analysis for this conclusion and, without additional information, should not categorically dismiss the potent i a l i m p a c t o f t h e site on these wells. As discusssed earlier, there is ins u f f i c i e n t d a t a t o describe the hydrogeologic conditions beneath the site. Detection of Oryanics The report refers to a number of reported publicatio n s w h i c h a r e n o t identified, and states that the organics found in the we l l s n e a r t h e s i t e are not likely to come from the landfill. The basis for th i s s t a t e m e n t i s questioned, since seven of the nine compounds listed o n T a b l e 1 3 a r e chlorinated hydrocarbons. These are not naturally-occurrin g c o m p o u n d s , a n d their source should be identified. These compounds are commonly found in landfill gas. The report's statement concerning the other compounds which may occur, or were not identified, cannot be evaluated, since the document which is referred to is not identified. • MITIGATION ACTIONS Post-Closure Monitorinz The monitoring program refers to several reports which were not available or identified. The second paragraph on Page 48 refers to the required monitoring period, and the statement is made that the deeper landfills require longer periods to stabilize than shallower ones. The basis for this statement, and the monitoring time, is not clear. In the fourth paragraph, on Page 48, the statement is made that the leachate is expected to move through in slugs of groundwater; again, the basis of this statement is not clear. SURFACE WATER The figure numbers for this section were not identified. The surface drainage patterns shown on the unnumbered figures are somewhat confusing. The report states that trichlorofluor methane, or Freon 11, was found in surface waters along with several other contaminates, in very low levels at the base of the bluff. Writer states that additional compounds would be expected to be present if it were landfill leachate. This is not necessarily true since Freon 11 may be highly mobile, as well as the other compounds found, and precedes the other leachate materials. The source of these chemicals is certainly not natural. POSSIBLE IMPACTS: LEACHATE MIGRATION In the second paragraph in this section, the report stat e s t h a t t h e leachate will "flow in a reltively confined plume along th e t o p o f t h e water table." As staked previously, this is not necessarily tr u e . Effects on Off-site Drainage Basin Neither the quantities or the figure numbers in this section a r e f i l l e d i n . The statement concerning leachate being directed towards t h e r i v e r i s correct; however this statement implies that it will disch a r g e i n t o t h e river. This has not been proven. • Effects on Grass lake The section refers to a "staff". The person or group is not i d e n t i f i e d . The discussion of the leachate states that predictions of t h e a t t e n u a t i o n which occurs in the soils cannot be made. This is in fact inc o r r e c t , a n d contradicts what was said in previous sections of the report . 3.A.5.b. VEGETATION AND WILDLIFE The section was incomplete, with table and figure numbers not filled in. Major comment is that the overall section lacks clarity, and that over 50,000 gallons/day Of leachate will be produced, according to the report. This discharge will likely occur in springs, if it does occur, and will be somewhat of a nuisance. PART V.A. METHANE REPORT The "we" referred to in the introduction. Is this a consultant or Browning-Farris? The methods and equipment used to perform the analysis of the gas is not clear. The text indicates that it possibly is some type of methanometer. The techniques for taking the sample probes at the Flying Cloud Drive-In is not clear. The information to date indicates that the methane control system at the landfill boundaries are properly functioning. However, the last (May 24 and June 3, 1983) probe readings at the Flying Cloud Drive-In are high enough to be of concern. The gas concentrations should be further tested, and the source of this gas, if it is not the landfill, should be determined. PART V.B.1. EROSION CONTROL PLAN The section lacks specific information such as the seed mixtures, soil classifications, etc. However, it does discuss their on-going maintenance efforts which are critical to the successful revegetation of disturbed area. Soil Boring Logs . The various soil borings submitted in conjunction with the report do not contain a great deal of descriptive data or laboratory test data. ARTICLE III.A.2. ASSESSMENT OF SOILS — GEOLOGY, AND HYDROGEOLOGY This report appears to be a summary of the previously outlined report. In general, it is a summary report of the sections previously discussed. The critical comments with regard to these sections are applicable to this report. GiVIE CORISULTAIIITS, CONSULTING ENGINEERS 2083 East Center C n rde / Knneapot.s. MN 55441 / 612/559-1859 October 20, 1983 Mr. Ecaard Monteleone Hennepin County Department of Environment and Energy 320 Washington Avenue South Eapkins, Minnesota 55343 Re: Engineering Review of Flying Cloud Sanitary Landfill Expansion Reports and Plans Dear Mr. Monteleone: The purpose of this brief letter report is to provide you with the major initial conclusions of our review of the above-referenced documents. As we dis- cussed with you during our meeting of October 13, 1983 in your offices, a more detailed review will be sent later. A review of the documents which you forwarded to us has resulted in the following initial conclusions: 1. The report as a whole is poorly organized and incomplete. Specific references to other source materials are missing. 2. There is no dctual data in the report that verifies the soil condi- tions projected to be beneath the site. In an area of extremely variable surficial geology, the authors project soil conditions from geotechnical data which is lacking in specific detail. 3. The report fails to adequately discuss the groundwater flow immediately beneath the site and within the bedrock. Certain statements are made, such as "The leachate will flow on top of the groundwater," with no reference made to the difference in the density of the groundwater and the leachate. 4. The report contradicts itself with regard to the flow of the ground- waters in the unconsolidated materials beneath the site. Throughout the report the authors discuss the "leaky confining layer" which is projected to exist beneath the site, and imply thoughout the report that this leaky confining layer will protect the bedrock aquifers somewhat. The data presented indicate that there is a groundwater sink beneath the site. That is, the report indicates that the ground- water flows from around the site towards the center and downward to the bedrock. ft hAATCDIA1C CMVIDr1KINIFNITLI Mr. Edward Monteleone October 20, 1983 Hennepin County Department of Environment and Energy Page 2 5. The report fails to integrate the impacts of the expansion of the site with the existing site conditions. It is our understanding that this project is to be an expansion of the existing landfill site. As such the existing site, which contains a great deal of refuse, will have impacts which must be taken into consideration. The authors make no evaluation of the individual and combined effects of the site with the existing operation and the expansion. • 6. The general tone of the report suggests that, so long as there is suf- ficient dilution, dumping leachate into both Grass Lake and the Minnesota River is of no cons.equence. The report also suggests that seepage which might occur from the landfill will be over a very wide area, when in fact, normUly, this occurs in several point sources. 7. There is a need for clarification of the specific techniques and cer- tain results for the methane report. The data presented in this report appears to be quite favorable. However, several questions are apparent concerning exact techniques for testing and sampling. As stated above, a more detailed analysis of this report will be forwarded to you in the near future. If you have any questions concerning the initial conclusions, please do not hesitate to contact us immediately. immerman, Ph.D., P.E. onsultant REZ:nlk 99 (THIS IS AN INTER-OFFICE MEMORANDUM OF THE STAFF OF THE METROPOLITAN COUNCIL. THE FIRST PAGE IDENTIFIES MEMO THAT MORE INFORMATION IS NEEDED TQ UNDERSTAND GROUND WATER FLOW.) Feb. 14, 1985 to: Lynn Bly from: Pat Leonard-Mayer In response to your request for comments on the preliminary draft permit for the Flying Cloud Landfill, I put together the attached material. I felt that it was important to provide more than just comments concerning the permit because there is still a fair amount of confusion or at least disagreement • about what is known and what is unknown about the site, what what assumptions are reasonable, what analysis is needed and so on. Since I disagree with much of the material currently found in the "record" the preliminary comments are essential for you to understand the specific comments and concerns I have about the permit. ipprit elf Items • 4 Ground Water Levels and Flow Patterns (p. 54) The description of the impact on the flow system considers the impact due to the entire landfill, not the expansion area alone. The three paragraphs in this section each contain a basic error with regard to the impact on the flow system. Therefore the impact on the flow system is not dealt with adequately in the EIS at all. some additional work could be done to describe the impact, but it is not recommended. The major (sA, problem with respect to flow is not the ure ,imoact on the system but the lack of information describing the existing flow system., • Anytime we deal with hydrologic information, there is a concern about the amount of data 651 .how much is enough. The problem at Flying Cloud and other landfills along the Minnesota River is that they are extremely close to a major discharge area. As a result, the changes in the direction and rate of flow are greater than they would likely be at Tirriestance further back away from the bluff. The landfill is located right where all the hydro- logic action is happening, and more data is needed to understand the flop system in this situation. The data limitations will make placement of monitoring wells difficult 41. re, if and planning remedial action very difficult. •a Limited data describing the flow IMO CAA .11.11 system ir oa good argument for putting environmental protection measures as close to the source of contamination as possible.%". Again, the impact on the flow system is not described in the EIS. Rather than expending effort on trying to quantify that impact, a general description of the impact, and working the impact into the worst case analysis is sufficient. Ground Water Quality generally The section describing the impact on ground water quality • ,,describes the impact due to the entire landfill, not the impact due to the expansion area alone. One of the problems with this section of the EIS is that some of the terms are not used precisely. Forexample, the section headed "Volume" actually provides annual rates of leachate generation. I don't think this is sloppy writing, but a basic misunderstanding concerning the fate of the mobile constituents in the landfill. In order to clarify my understanding of what that fate is, I've drawn a diagram explaining some basic terms. 4-12‘‘ I): • tio no's it, cm Tv1) Itr) 4, Lori AiSc411-46%, et.c tit 00144 C -C4—"P (3t ( 1 12/ Ni• CA•nnn••ni4J. fe.p7.4. Leachate "Volumes" The only way to reduce leachate generation rates is at the landfill is to control the surface (by changing permeability, slopes, etc.). There are a variety of modifications that might be proposed, but ultimately, it must pavticsiar be shown that the;modification translates into lower infiltration.volumes per year. This part of the EIS calculates two rates of leach 'ate production based on two possible site conditions. One of the site conditions is "no runoff"; tita other is not explained. It would help to know the assumed site condition so wkenen" gliTibig proposed in the permit falls within the range of values A in the EIS. Leachate Movement In spite of the heading, the bulk of the material deals with calculation of a travel time. The analysis is done for the entire landfill, not for the expansion area only. This section points out that leachate discharge could occur at the bluff prirmai face, into the river, or at a point in between. -I suspect that seepage,: at the bluff may be i nr spriaus_ innar.- than ;mu would need to go tnrough the flow impact analysis to demonstrate that conclusively. The possibilitytif leachate seepage at the bluff is pointed • out as an impact, and should be discussed as the permit is evaluated. Als6"aft;r The main analysis of the section, however, involves travel times. I have r serious difficulty in accepting this analysis. Ws .a bit difficult to explain why this analysis is so inappropriate, considering that the same or similar assumptions are made in other sections of the EIS. The basic problem has to do with the scale involved; the discussion of that can be deferred until later, but I will point out 4 that I reject the entire section dealing with the travel time calculations. The sections on Shape of the Plume, Leachate Composition, Attenuation, Impact on Wells, are fine. Impact on the Minnesota River and Grass Lake This is a valid analysis and I don't have any fundamental disagreement wit h the assumptions involved. A few points should be made clearly about this analysis in future discussions. There are two major issues to consider- • •1. ). • • , violation of water quality standards and effects of accumulation in sedime n t s • or biota. Keeping in mind the landfill diagram, it is clear that at least theoretically that impact can be controlled by better management of the su r f a c e . .Annual rates of leachate production can be controlled to some extent. Thi s is true whether you consider surface management of the existing site or the proposed expansion areas. Accumulation is different. What you put in to the landfill - the total amount of waste - is important if you know that It will accumulate in the lake and river sediments. The worst case accumula t i o n scenario is that there is little or no leachate attenuation in the subsurfac e flow field and major accumulation in sediments and biota in the discharge area. ientleagglait. Another point to be made is that even if there is attenuation capacity in the subsurface, it may be insufficient to handle_LbP additional increment of waste from the ezpanslon The basic problem wit accumulation impacis. at leas: for me. is :na: don't have any feeling for how it occursogimanent it is and so on , IIM'a 6A tor. tot Aga bv/r• especially through biological mechanisms. Thity--nn•,—.229 a good argument for requiring environmental protection mechanisms as close to the source of the contamination as possible, rather than waiting for :he problem to be 'picked up in the discharge area. To summarize - • There are two areas wheredrilrional informL7 i 3is badly needed: more information is needed to describe the existing flow system and more informati o n is needed to predict possible accumulation of contaminants at the discharge zone. Flow information is expensive to obtain, and we can assume it won't be available in the amount needed; informatiorSbout accumulation of metals,orga n i c s or other? constituents might be available in order to do a preliminary assess m e n t but I am not familiar with the disciplines involved. Lack of data should result in taking a conservative approach such as putting environmental controls close to the source of the problem. The majcer7ironmental imp:23)that we should discuss based on information I. 2. in the EIS include exceeding surface water standards, accumulation of crud in the discharge zones, and 3 high concentration discharges of leachate at the bluff face. An issue that was not addressed in the EIS is the increased_cancensration of leachate under the vertical expansion area.. If any additional effort is going to go into data gathering or analysis its not clear to me where the effort would best be spent; my guess is that looking into accumulation of crud in sediments and biota would be most pro- ductive, but it's hard to say. Comments on permit p.2 If the "control" system only diverts the leachate, the language should . be changed to reflect that fact. The language in the permit refers to retaining and transporting leachate, which implies a system tlit=11=g2tiggii more like a conventional collection system will be installed. The argument can be made that a leachate diversion system is even less effective than a liner without a leachate collection system. a lt liner which collects fluid and holds it .(as the old clay liners were designed to do) the idea is that leachate will slowly percolate through the clay, metals would be attenuated by cation exchange reactions, and so on. It was when liners were found to leak, for a variety of reasons, that leachate collection systems were devised to deal with the problem. The diversion liner doesn't collect leachate and doesn't encourage reaction with the clay minerals. The objective stated in the permit for using the liner is not to cause a net reduction, but only to minimize the latellextent ". Existing technology used at tne source :an jc far more than :his., ::'s :nterest:ng Co note that in this part of the permit tnere is not reference to state of the 1.1.4. technology (because they want to avoid paving state of the art costs), but in the latter part of the permit, in dicussing the Grass Lake study, technology (and apparent- ly money) is no object. The way I read the EIS, t environmental. imnaus and the uncertain:- caused by lack of data:should result in putting control technology near to the source. If there is money for the kind of study pro- posed, it would be better spent on a liner and leachate collection system. The 0._year time period isE_LUasheet. It is difficult for me to point to a specific time frame especially since I can't support the analysis done in the EIS. However, since I consider a diversion system basically ineffective anyway, the time that it's operating is less important than it would be if I expected the system to work. An argument could be made that a diversion sYsteM without mor 0 mithr he worst than hothine at plj. It's not a very persuasive argument, but if you want to push it, point out that the silt layer is present under the horizontal expansion area, but possibly absent under the area of the landfill to which the leachate will be diverted. As a result, there is less attenuation capacity, and a greater chance that the contaminants will discharge at the sur- face. Like I said, it's not •real strong. P. 5 Cover requirements. It's important to keep in mind that once the garbage is in place, the total crud volume is fixed; the only point to changing slopes and soils is to keep the leachate production on an annual basis as low as possible so that standards for surface water at the discharge area are not • exceeded. Whether you can really get the control you want has never been .convincingly argued to me. I'm worried that the kind of empirical data that you would need to design the landfill slopes is no4ravailable. Also, increased slopes will be harder to maintain (if the pre-landfill slopes were less than 5 °, then all the forces of nature are working against you). Maybe a good argument can be made for modifying slopes to decrease infiltration and thereby reduce that whole chain of 1:;:10 have yet to see it and I'm not expecting anyone to even try to make the convincing technical argument. Again, recall that the EIS looked at two infiltration values to predict leachate generation rates. We should go back and check that analysis so that we can say whether the soil and slope conditions proposed in the permit are within the 4 two 'values calculated. P.6 Monitoring. I don't like to get into the old arguments about adequacy of monitoring, bujr. :is stzdation. where :he landfill is rtgn: on :op of the most complex par: of the flow system, the argument should be mace. B!...s±2212LILLLigl_lata. 4,s2 almost impossible to know where to put the monitor- ing wells. Ground water/lake interaction studies have shown that the relation- ships in an area like this need extensive monitoring before you can under- . stand the flow system. and if you don't have a handle on flow. you :an': begin to look for environmental impacts. I can look up some of the recent literature on this if it would be helpful, but the arguement can be made on the basic and somewhat misleading information in the EIS. This is a tough' area to monitor. P. 9 and 11. I have real problems with the monitoring plan and surface water 'assessment parts of the permit. It's easier to protect the environment including the ground water and Grass Lake and everything else by installing currently aviilable technology close to the source of the problem. Inst -ead of doing the obvious, instead of requiring state of the trt control technology at 00.4. the source, theyproposing to do a study that as written in the permit is beyond our scientific knowledge. On p. 12. I have the some problem with the remedial plan. They are willing to consider "synergistic effects" which the science can hardly begin to describe at this point, theirefer to "technical feasibility" METROPOLITAN COUNCIL /249k Suite 300 Metro Square Building, St. Paul, Minnesota 55101 612-291-6359 DATE: May 9, 1985 . TO: Environmental Resources Committee FROM: Parks and Environmental Planning Dept. (Paul Smith) SUBJECT: Final Version of the Solid Waste Policy Plan Attached is the final version of the Solid Waste Policy Plan. The corrections should reflect the intent and purposes of the changes that were made by the Council when adopting the plan. Additions are underlined and deletions are crossed out. If you have any questions or comments, please contact Lynne Bly (291-6412) since I will be out of the office May 13 through 17. Lynne will review this before the committee on May 15. We would like to have a final version available for public distribution the week of May 20. JL1836-PHENV2 SOLID WASTE MANAGEMENT DEVELOPMENT GUIDE/POLICY PLAN Metropolitan Council 300 Metro Square Building 7th and Robert Streets St. Paul, Minnesota 55101 Telephone: (612) 291-6359 March 1985 Publication No. 12-84-160 1 PART 1: INTRODUCTION AND SUMMARY INTRODUCTION PURPOSE This document is a plan for managing the Metropolitan Area's solid waste well past the year 2000. It is intended to carry out state and federal requirements for proper waste management. It is also intended to serve as a basis for devel- oping a regional system for dealing with solid waste that emphasizes recovery of resources and minimizes the land disposal of solid waste. Solid waste includes trash, garbage, and other discards, as well as nonhazard- ous wastes of industrial and similar activities. In the Metropolitan Area, solid waste is commonly disposed of in landfills. But the volume of solid waste is increasing; landfill capacity is being rapidly used up; it is diffi- cult to find new satisfactory sites for land disposal; and existing sites are going to have serious long-term environmental consequences. At the same time, rapid technological developments in resource recovery and renewed interest in recycling are now making possible other waste management techniques. In response to this situation, the 1980 Minnesota Legislature passed the state Waste Management Act, significantly increasing the Metropolitan Council's responsibility for solid waste management in the Metropolitan Area. This act charged the Council with providing a long-range plan for managing solid waste in the region that provides for the reduction of waste, recovery of materials and energy and minimizes thE practice of land disposal. The act requires the plan to set regional waste m,nagement policy and provide schedules for devel- oping waste facilities and activities to manage solid waste through the year 2000. This guide responds to the 1980 directive. It replaces the solid waste management chapter of the Council's Metropolitan Development Guide that the Council adopted in 1979 and amended in 1981. The Solid Waste Manaofment Development Guide/Policy Plan is one chapter of the Metropolitan Development Guide. While most chapters provide policy and development direction for a specific functional system, such as solid waste management, the Metropolitan Development Framework, adopted in 1975, presents broad integrating policies for coordina- tion of regional development. Individual chapters of the development guide are supportive of the development framework and incorporate its orientation on the nature, timing and magnitude of regional growth. The broad goals of the development framework provide a resource management strategy that retains and enhances the livable qualities of the Metropolitan Area, solving existing and future problems before crises occur and that pro- motes orderly growth and economic development within the region. The frame- work's primary objectives include protection and preservation of the natural environment by basing physical and economic development decisions on sound environmental practices, and establishment of resource management processes that incorporate and interrelate all planning and programs under the Council's jurisdiction. 1 2 Consistent with the development framework, the Council has developed this guide for solid waste management to protect the public health, safety and welfare of the people of the Metropolitan Area, to change existing reliance on land dis- posal methods and to ensure that environmentally safe and efficient methods are used to manage solid waste. The guide proposes a regional system of coordinated waste management services and makes recomnendations about specific facilities and service areas. The guide also provides objectives, policies, review criteria and strategies for evaluating and implementing solid waste proposals. Part 2 of the guide briefly discusses the existing solid waste management sys- tem. It describes potential consequences if current practices continue. Part 3 is the regional waste management strategy. It expresses the Council's over- all approach to proper solid waste management and describes how the Council will proceed with implementation of a new waste management system. Part 3 includes policies for waste reduction, source separation, waste processing and land disposal. Part 4 is the regional system plan. The system plan consists of three parts: 1) a development program for waste reduction and resource recovery; 2) a development program for land disposal that identifies landfill capacity needs to handle waste remaining after reduction and recovery; and 3) the costs and financing methods to implement the development programs. Plan implementation is discussed in Part 5. Plan implementation responsibilities are described for the Council, metropolitan counties, local jurisdictions and the private sector. The appendix contains criteria for reviewing solid waste permit applications, solid waste supply and processing contracts, county waste district proposals and county waste designation proposals. AUTHORITY Federal Legislation The 1976, Resource Conservation and Recovery Act (Public Law 94-580) imposes federal requirements and provides authority for dealing with the problems of managing solid and hazardous waste. Congress identified a number of problems, relating to the increasing quantities of solid and hazardous waste, the protec- tion of public health and environment, and the conservation of material and energy resources. Any waste material that goes on the land, regardless of its physical form, must be managed in a manner consistent with the 1976 law. The act provides for technical and financial assistance to states for develop- ing environmentally acceptable methods of managing solid and hazardous wastes. It prohibits future open dumping. It requires that existing open dumps be closed or upgraded to sanitary landfills. It regulates the treatment, storage, transportation and disposal of hazardous wastes. It establishes guidelines for the collection, transportation, separation, recovery and disposal of solid wastes. Subtitle D of the act is particularly important to the Council's solid waste program. It provides guidelines for developing and implementing state and regional solid waste management plans. Because the Council's directive under state law conforms closely with the intent and requirements of the federal law, in 1977 the governor designated the Council as the agency responsible for solid waste management planning in the Metropolitan Area, pursuant to the provisions of the federal act. This ouide serves as the Metropolitan Area portion of the state solid waste plan, acording to the federal provisions. 2 3 The Council and state agencies are implementing other federally mandated pro- grams that relate directly or indirectly to the Council's solid waste program. Among these are the federal Water Pollution Control Act (Public Law 92-500L, Clean Water Act of 1977 (Public Law 95-217) and Clean Air Act (Public Law 95- 95). Wherever possible, this guide reflects a coordinative approach to these efforts to provide effective support and yet minimize duplication. State Legislation Planning and controlling solid waste generation, transportation and disposal in Minnesota are the responsibilities of counties, municipalities, regional govern- ments and state agencies. These public entities have various independent and joint responsibilities and statutory authorities largely under the state Waste Management Act. In the Metropolitan Area, municipalities, townships and counties are responsi- ble for regulating collection and transportation of solid waste and certain aspects of facility location and operation. Counties are directed to prepare master plans that describe and govern existing and proposed solid waste activi- ties, functions and facilities of the county and municipalities within the county's jurisdiction (Minn. Stat., sec. 473.803). These plans, in turn, are governed by and required to be consistent with the Council's guide on solid waste management. Municipalities and counties are authorized to own and oper- ate solid waste disposal facilities, and have various powers with respect to financing such facilities and executing contracts involving ownership and operation. The Council and counties have shared responsibilities in implementing a devel- opment process for waste reduction and resource recovery and solid waste land- fill siting in the Metropolitan Area (see Figure 1-1). The counties must amend their master plans to implement waste reduction and resource recovery facili- ties and activities. The siting and reduction/recovery process is governed by and must be consistent with the Council's solid waste guide. The Council and counties have authority_to.implement the process,, including cont7151 --&er—fhe flow of waste and authority in some cases to override local community vetos of siting decisions. In addition six counties have located eligible sites for the land disposal of municipal solid waste. Sites approved by the Council are part of a metropolitan inventory of eligible sites. The Council determines the num- ber of sites counties must acquire based on the amount of recovery and recycl- ing that can be achieved. The counties have the responsibility of acquiring the landfills from the metropolitan inventory. Concurrent with metropolitan solid waste siting efforts are other siting efforts and responsibilities. The Council has the responsibility of finding disposal sites for sewage sludge and incinerator ash (residual solids) produced from the region's sewage treatment plants and for investigating alternatives to land disposal of these materials. The treatment plants are operated by the Metropolitan Waste Control Commission, which must acquire the selected disposal sites in accordance with the Council's Water Resources Management Guide and its solid waste guide. At the state level, the Minnesota Waste Management Board has the responsibility of developing acceptable management practices for the disposal of hazardous waste, including responsibilities for hazardous waste planning, siting, permit- ting and financing. The Board also has authority to finance and regulate cer- tain aspects of solid waste facilities and activities outside the Metropolitan 3 Figure 1-1 DECISION STEPS IN DEVELOPING NEW REGIONAL SOLID WASTE MANAGEMENT SYSTEM LANDFILL DECISIONS -I I C I - - 4.1 Csurdlas Co.n. 61.e, C•nen. n. 6. Sma. ...On. 4 Cann. PCO, C.0.6 .3 1n400. P'- -I •... ABATEMENT DECISIONS , Coo. Cmann. Ca- Sonln an. nnn•nn.1 nono• nedonon. of Can. am I.e....W*4 Co... Cots.• On 1960 nisi 1902 1093 1064 1985 1987-2000 Area. The Minnesota Pollution Control Agency (MPCA) is responsible for adopt- ing a state solid waste plan and waste facility regulations. Solid waste facilities in the Metropolitan Area are governed by an elaborate permitting process. They must receive state permits that are reviewed and approved by both the MPCA and the Council. In addition, counties are author- ized to require permits or licenses for these facilities, and county and municipal zoning requirements may govern and-control certain aspects of facility operation and location. Solid waste facility decisions made by a county, the Council and the MPCA are governed by and must be consistent with Council and county solid waste plans and with MPCA regulations. The 1976 Metropolitan Land Planning Act (Minn. Stat., sec. 473.851 and subse- quent sections) requires that solid waste plans be included in county compre- hensive plans submitted to the Council for review. The law provides for intercounty and regional coordination of these plans by requiring compliance with the Council's regional solid waste plan, and by giving the Council auth- ority to review county plans and comment on their compatibility with plans of other jurisdictions. Moreover, the Council is authorized to review all compre- hensive plans, including county solid waste plans, to ensure consistency with Council plans for parks, sewers, transportation and airport systems. County master plans prepared in accordance with the Waste Management Act can fulfill solid waste planning requirements for counties under the Land Planning Act. IMPLEMENTATION AND USE OF THE GUIDE Metropolitan Council The Council will use several means to implement this guide. These include reviewing county and local solid waste plans and reports, reviewing various waste facility projects and proposals, conducting monitoring and oversight activities and by providing technical and financial assistance. The Council will also use the guide chapter to advise the MPCA, Waste Management Board and Legislative Commission on Waste Management on issues affecting solid waste management in the region and state. In implementing this guide, the Council will give consideration to the follow- ing: orderly and economic development of the region; preservation and the best and most economical use of land and water; protection and enhancement of envi- ronmental quality; conservation and reuse of resources and energy; preservation and promotion of conditions that stimulate efficient, low-cost, competitive and adaptable systems of solid waste management; and orderly resolution of ques- tions concerning changes in systems of solid waste management. Metropolitan Waste Management Advisory Committee A 30-member Metropolitan Waste Management Advisory Committee assists the Coun- cil in preparing and implementing this guide chapter, and advises the Council on issues affecting solid waste management in the region. Committee membership is one-third citizen representatives, one-third representatives from metropoli- tan counties and municipalities and one-third representatives from private waste management firms. An additional representative from the MPCA, one from the Waste Management Board and one from the Minnesota Department of Health serve as ex-officio members. Temporary members were added to the committee representing cities and towns with eligible land disposal facility sites in the 5 Council's metropolitan inventory for the purpose of assisting in the prepara- tion of the guide and a report to the state legislature on methods of mitigat- ing and compensating for the local risks, cost and other adverse effects of land disposal facilities. Governmental Agencies and the Public The Metropolitan Council will be working closely with governmental agencies and the private sector in implementing this guide. Success in*meeting the objec- tives will depend greatly on multijurisdictional cooperation and understanding, and mutual commitments to implement sound solutions among many jurisdictions. Specific implementation responsibilities of governmental units and the private sector are detailed in Part 5. Responsibility for implementing much of the guide rests with local jurisdic- tions, counties and the private solid waste management industry. The Council and appropriate state agencies should offer as much technical and program assistance as possible. This includes assisting local jurisdictions and coun- ties in developing solid waste plans and regulatory mechanisms, and in acquir- ing adequate funding for specific projects or programs. The Council, appropriate state agencies and the metropolitan counties should maintain data that the public and private sectors can use for solid waste planning and devel- opment activities. Improvements in solid waste management will entail increased costs to most sec- tors of the region. Public willingness to pay for improved waste management is difficult to predict, especially without precise data on the nature and scope of increased costs. Fdr these reasons, the Council will place heavy emphasis on public education and awareness. Use of the Guide This guide provides a mechanism for decision-makers to approach solid waste man- agement in the Metropolitan Area. It will be used primarily by the following agencies and businesses: Metropolitan Council: to review and approve solid waste disposal permit applications submitted to the MPCA for proposed facilities in the Metro- politan Area; to review and comment to the MPCA, Waste Management Board and Legislative Committee on Waste Management on solid waste issues affect- ing the Metropolitan Area and state; to review and approve county and local solid waste plans, county annual reports, and proposals for county waste districts and waste flow designations; to review and approve requests for land disposal certificates of need; to review and approve county and local restrictions on waste facilities and the transportation of solid waste; and to review and approve all long-term (over five years) public entity contracts for solid waste supply and processing, to guide the development of regional programs for solid waste public education and awareness and to develop markets for reusable or recyclable waste mate- rials; and to administer a technical and financial assistance program. - Metropolitan counties: to develop solid waste master plans and reports; to site, acquire, construct, improve and operate solid waste management facil- ities; to implement solid waste districts and waste flow designations; to coordinate public education and information activities. 6 - Metropolitan municipalities and townships: to develop solid waste elements to comprehensive plans; to implement local waste management activities and facilities; to develop ordinances and local controls on the construction and operation of waste facilities and on the collection and transportation of solid waste. . - Minnesota Waste Management Board: to coordinate technical and financial assistance activities and public education and information activities; coordinate implementation of county waste management districts and waste flow designations. - Minnesota Pollution Control Agency: to develop and implement u 1 ifl the Metropolitan Area portion of a state solid waste plan compatible with the guide _and reoional_solid waste activities pursuant to the requirements of thi-Resource Cservation arid recovery Act; to provide technical and financial assistance to cities and townships in the region; to coordinate public education and information activities. - Private solid waste firms: to develop and operate waste facilities and services. SUMMARY MAJOR CHANGES FROM THE 1981 GUIDE This guide differs significantly from the Council's 1981 solid waste management guide. One major change is that this guide provides more specific direction on when waste facilities and services should be provided or what their capacities should be. It establishes specific implementation objectives and time sched- ules. Specific assignments to implement waste facilities and services are given to counties, cities and towns. The Council can more closely track prog- ress in meeting the objectives and time schedules, and contingency options can be used if implementation is not working or proceeding slower than necessary. A second change is the strengthened methods of implementing this guide. Through plan approvals and review functions, the Council can implement many of the guide's policies. The Council now also has a resource recovery grant and loan and technical assistance program that will help implement policy. Addi- tional review mechanisms have been included in the guide: county waste district proposals and county waste-flow designation proposals. Another significant change is that economic considerations alone will not deter- mine the relative priority of waste management strategies. The .1981 chapter stated that economic feasibility was a prerequisite for waste facilities and services that would be implemented. This guide recognizes that the present solid waste system does not fully incorporate its total cost. The benefits of recycling, the avoided costs of taking less waste'to landfills, and the future costs of controlling environmental problems are not passed on to the waste generator. This guide states that economics may be a factor, but that alterna- tives to land disposal do not have to be competitive with current costs. Another change is in the scope and content of the system plan of this guide. The 1981 guide had system plans for municipal solid waste, tree waste manage- ment and sewage treatment residuals. This guide chapter, in an effort to sharpen the focus, has a system plan only for municipal solid waste manage- ment. Sewage treatment residuals, sludge and ash from the Metropolitan Waste Control Commission's treatment plants, are dealt with in the Council's Water Resources Manaaement auide. Tree waste management is no longer a priority problem for the region, and its regulation will be left to the MPCA and local units of government. To the extent tree special wastes affect the regional solid waste management system, the policies and criteria in this guide can be used if necessary. This guide does not deal with hazardous waste management, except for hazardous substances generated by households. The 1981 guide provided very limited direc- tion for managing hazardous wastes in the region. The Waste Management Act has shifted hazardous waste planning, siting and regulating functions to the Waste Management Board and the MPCA. The guide retains the metropolitan counties as the primary implementation authorities. However, cities and towns now are expected to implement parts of the guide. The 1984 amendments to the Waste Management Act required the Council's regional plan to set waste reduction and resource recovery objectives for cities and townships in the region. With this change, the legislature seems to have envisioned a more deliberate, responsible role for local governments. MAJOR POLICIES The guide calls for establishing a regional system of coordinated processing and recycling services. The system must be comprised of centralized processing facilities, transfer stations and composting and recycling services. The counties have the major responsibility to implement the system. A major policy requires the termination of landfilling of mixed municipal solid waste after 19907 -Only : the_nonrecoverable..residualS remaining from _waste_pro- esingTT landfilled after that date. To dafe, theriThii -been little effort to -Ebriffol —the types of wastes going to land disposal facilities. The technology is available to impose this ban, and it is possible to have such ser- vices region-wide after 1990. Processing would include recovering the recycl- able, compostable and combustible wastes. Another major policy requires Metropolitan Area generators of municipal solid waste after July 1, 1988 1987 to separate recyclables and compostable yard waste materials fromthe remaining waste if voluntary efforts on the part of cities, towns or counties have not achieved the Council's objectives. Cur- rently these materials include leaves, grass clippings and other organic waste from lawn and garden maintenance and paper, glass and metals. Counties, cities and towns will have to provide recycling services for these materials within the next two to three years. Establishing centrally coordinated programs for public education and participa- tion and resource recovery market development are required by 1986. The Council will assume the major responsibility for establishing these programs, but other' groups, particularly the counties and state agencies, will be involved as well. Both these programs are given immediate priority. 8 SYSTEM PLAN The system plan in this guide is described in Par t 4 . T h e s y s t e m p l a n i d e n t i - fies projects and activities that are necessary t o m e e t w a s t e m a n a g e m e n t n e e d s until the year 2000. The system plan consists of t w o d e v e l o p m e n t p r o g r a m s ; o n e for waste reduction and resource recovery and one f o r l a n d d i s p o s a l . T h e c o s t s and methods of financing the development prograks a r e a l s o d e s c r i b e d . The development program for waste reduction and r e s o u r c e r e c o v e r y s p e c i f i e s levels of reduction/recovery that must be attaine d a s w e l l a s t h e t i m i n g a n d likely location of projects and activities. The p r o g r a m s p e c i f i e s t h a t w a s t e reduction activities can reduce solid waste gener a t e d b y a b o u t f o u r p e r c e n t i n 1990. Source separation activities should reach a 1 6 p e r c e n t r e c o v e r y l e v e l b y this date. Centralized processing facilities (tr a n s f e r s t a t i o n / p r o c e s s i n g facilities, waste combustion and co-composting) c a n m a n a g e a b o u t 8 0 p e r c e n t o f the region's solid waste by 1990. The developmen t p r o g r a m a l s o d e s c r i b e s t h e efforts that are necessary to implement region-wi d e m a r k e t d e v e l o p m e n t a n d solid waste communications programs. . The land disposal development program states tha t t h r e e n e w l a n d f i l l f a c i l i t i e s will need to be opened in the region. The progra m r e q u i r e s A n o k a C o u n t y t o open a facility in 1987, Hennepin County in 1991 a n d W a s h i n g t o n C o u n t y i n 1995 1993. The program states that these facilit i e s w o u l d d i s p o s e o f only processed residuals or'special wastes. The p r o g r a m s e t s a c e i l i n g _ o n _ t h e amount of new. capasity_that can_be implemented a t 7 4 4 : 5 : 8 -72676fFe, feet. A unique feature of the land disposal developmen t p r o g r a m i s t h a t i t i s b a s e d on implementing feasible and prudent waste reduc t i o n a n d r e s o u r c e r e c o v e r y alternatives. The Council is required by the Wa s t e M a n a g e m e n t A c t t o a p p r o v e certificates of need for new land disposal capa c i t y . C e r t i f i c a t e s o f n e e d c a n lag_approved only _if there are no. feasible..and...pru.dent_arternatives_to...- Rosal_facility. The development program for was t e r e d u c t i o n a n d r e s o u r c e recovery sets the levels of feasible and pruden t a l t e r n a t i v e s . T b i s r e q u i r e - ment_of_certificate-of-need-was-an-added_protecti o n . . i n . t h e A c t . t o . e n s i i F F T W a t land disposal would be used_only.as.a.last_r.esort. Finally, the costs and methods of financing the de v e l o p m e n t p r o g r a m s a r e described. It is estimated that by 1990 costs to h o u s e h o l d g e n e r a t o r s o f s o l i d waste would increase by S39-te458 $20 to $47 annu a l l y . This represents about a 30 te-50 23 to 45 percent i n c r e a s e i n charges to households over current costs. The tot a l c o s t s o f i m p l e m e n t i n g t h e development programs is about $345 355 million. 9 PART 2: BACKGROUND INTRODUCTION This section describes the waste management system now operating in the Twin Cities and its history. It describes the evolution of change in federal, state and regional waste management policy over the - past two decades and provides an assessment of the consequences of continuing current waste management prac- tices. These factors are the context within which the regional strategy (Part 3) and its policies were developed. EXISTING WASTE MANAGEMENT SYSTEM MIXED MUNICIPAL SOLID WASTE The Metropolitan Area generates nearly 5,500 tons of mixed municipal solid waste daily--roughly 5.3 pounds per person. Mixed municipal solid waste con- sists of paper, food waste, yard waste, glass, metals and miscellaneous other materials collected from residential, commercial and industrial sources. About two thirds is generated by households and businesses; industry generates the remainder. While most local governments regulate collection of solid waste--restricting hours of collection, roadways travelled or requiring other actions fof public health or nuisance control--few communities operate collection services and only a handful contract for waste collection. Most of the region's mixed municipal waste is collected under an "open" arrangement where each waste generator purchases collection service directly from a waste hauling firm. More than 150 private collection companies serve the region, ranging in size from small family businesses to local offices of multinational waste management corporations. Ninety-five percent of the region's mixed municipal waste is landfilled. It is estimated that eight percent goes to landfills in counties bordering the region. About 87 percent or 1.7 million tons is disposed of annually in the eight landfills currently operating within the Metropolitan Area. Estimates of the amount of the region's mixed municipal waste recovered range from three to seven percent, but little reliable data is available. Surveys indicate that over 40 percent of the region's residents recycle some portion of their household waste. The Council's 1984 Recycle It! directory lists 254 sites in the region that accept recycled materials. These facilities operate either as drop-off repositories, taking in one or more types of recyclable materials, or as redemption centers where cash is paid for the more valuable materials such as aluminum or corrugated cardboard. Table 2-1 shows communities with solid waste recovery activities. Twenty have city-wide recycling pickup services. There are several examples of leaf com- postino and office paper recycling programs currently in the region. Leaf composting projects include drop-off locations and curb-side pickup. They are generally operated as a free public service. Several commercial and govern- mental offices recycle office paper. There is only one municipal solid waste energy recovery plant in the region, at the Richard's Asphalt Refining Company in Savage. The plant processes about 50 tons of municipal waste daily. 1 0 Table 2.1 EXISTING SOLID WASTE RECOVERY ACTIVITIES IN THE TWIN CITIES METROPOLITAN AREal Yard Waste Composting Anoka County Coon Rapids Carver County Dakota County Chanhassen Hastings Chaska Inver Grove Heights U of M Arboretum Victoria Waconia Hennepin tounty Bloomington Brooklyn Park Champlin Eden Prairie Hopkins Maple Grove, Minneapolis' Robbinsdale St. Anthony ' St. Louis Park Ramsey County Scott County Washington County Arden Hills Forest Lake Maplewood Grant Twp. Mounds View Woodbury Roseville Shoreview St. Paul' White Bear Lake White Bear Twp. Curbside Recycling . Pickup Waconia Excelsior Hopkins' Minneapols Richfield St. Anthony St. Louis Park Falcon Heights Lauderdale Maplewood New Brighton North St. Paul Roseville St. Anthpny $t. Paul' Belle Plaine Jordan New Prague Savage , Shakopee Mixed MSW Savage Energy Recovery 'This table does not include recyclables drop-off sites which can be found listed in the Metropolitan Council Recycle It! directory or office paper recovery programs. 2Ramsey County operates five leaf composting sites in St. Paul. 43Hennepin County and Minneapolis cooperatively operate four leaf composting sites in Minneapolis. rPilot programs not yet city-wide. 'In addition to curbside recycling pickup service in St. Paul. Ramsey County is planning a County Recycling Center (processing facility) in the city with grant/loan funding awarded by the Waste Management Board. SPECIAL WASTE Tree wastes, ash, tires, demolition debris and a number of other materials handled separately from the mixed municipal solid waste stream are Oa ssedsclassified as special wastes. Some special wastes, such as demolition debris, are.landfilled. A number of smaller land disposal facilities in the region are permitted by state and local agencies to accept special wastes. They are used by specific industrial and commercial waste sources and generally are not open to the public. They are not permitted to receive mixed municipal solid waste. A number of businesses and institutions operate small-scale incinerators that handle combustible special wastes. Examples include hospitals, laboratories and manufacturing companies. Generally only a few of these facilities recover energy or materials. HISTORICAL OVERVIEW The current trend toward tailoring management practices and regulation to the characteristics of the waste itself is fairly recent. Fifteen to 20 years ago, most waste was taken to unregulated open burning dumps. Little, if any, segre- gation of special wastes, hazardous wastes or solid wastes was practiced. In 1970 there were 60 dumps operating within the Metropolitan Area, most located on floodplains, in swamps and in gravel pits. The federal Resource Conservation and Recovery Act and state action in 1970 required closure or upgrading of dumps. The Council's 1971 solid waste manage- ment plan urged the shift to landfilling within the Metropolitan Area. Subse- quently, many of the dumps were closed. A handful of new landfills were devel- oped, but most of the landfills which have operated in the region since the early 1970s were upgraded from open burning dumps. Rules of the MPCA were improved in 1973 to prohibit disposal of hazardous waste in sanitary landfills. The Resource Conservation and Recovery Act was also the watershed in a growing federal, state and regional policy orientation toward development of alterna- tives to land disposal. Since the mid-1970s, regional policy has incorporated a preference for waste reduction, source separation and waste processing as illustrated on Figure 2-1. Nonetheless, landfilling was perceived as a rou- tinely acceptable, if less desirable, waste management option. The Metropolitan Council completed a feasibility study for a regional system of resource recovery facilities and transfer stations in 1974. In the following years there were four significant resource recovery proposals, three in St. Paul and one in Minneapolis. All failed to develop. Major impediments included local opposition, high cost in comparison to landfilling, difficulty in securing waste flow control and technical viability, among other factors. By the late 1970s, no substantial progress had been made to expand recycling activities. High-technology resource recovery had not materialized. Efforts by several counties to site landfills had failed. A joint committee of the Minnesota Legislature assessed the problem for more than two years. Their recommendations resulted in enactment of the Waste Management Act in 1980. 12 'Resources conserved and pollution abated by waits reduction techniques Materials and energy returned for reuse No Recover energy and/or reusable by-products, return to resource stockpile Recover reusable by-products. return to resource stockpile RESIDUALS MANAGEMENT 13 Figure 2-1. SOLID WASTE MANAGEMENT DECISION MODEL • proposed process or activity , generate solid masts? WASTE REDUCTION SOURCE SEPARATION WASTE PROCESSING Evaluate process or activity changes to decrease the amount of solid waste generated Employ on-site tecnniques to separate, reuse, and/or market solid waste components Send to off-site processing for materials recovery, energy recovery; volume reduction The act incorporates the familiar policies of reduction in waste generation and 'separation and recovery of materials and energy. It mandates coordination of solid waste management among political subdivisions and sets the objective of orderly, deliberate development and financial security of waste facilities. Subsequent amendments have further defined the legislative directive, explic- itly specifying that planning for solid waste management must require the most feasible and prudent reduction in both the need for and the practice of land disposal of mixed municipal solid waste. IF CURRENT PRACTICES CONTINUE FUTURE LAND DISPOSAL NEEDS Land disposal has been the primary method of managing the region's mixed munici- pal solid waste for a number of years. Figure 2-2 shows the receiving rates from 1972 through 1983, about a 39 percent increase over the 12-year period. The reported receiving rates have not been constant over this period. Some leveling and reduction occurred in the late 1970s and early 1980s. These changes are believed to reflect response to economic difficulties the region experienced that resulted in less waste generation. Other factors that could affect these receiving rates are inconsistent reporting methods and hauling waste into or out of the Metropolitan Area. If current practices continue through the year 2000 (reliance on landfills and no increase in waste reduction and resource recovery, about 34 million tons of waste will have to be landfilled (see Table 2-2). The region's operating landfills have enough capacity to dispose of about 12 9.6 million tons of waste material or 15088 11,909 acre-feet of landfill space (see Table 2-3). The remaining 18 24.4 million tons would have to be disposed of in new land disposal facilities. About 23 7 889 30,000 acre-feet of new disposal capacity would be needed, possibly requiring development of more than lg 10 new landfills. Some would have to be operating before the end of the decade. CONSEQUENCES Land Use During the process of identifying potential new landfill sites, citizens and public officials repeatedly voiced their concerns over the impact landfills could have on land use. Neighboring properties could be adversely affected, property value lessened, tax base damaged. Difficulties in identifying pro- ductive end uses for landfills would disrupt local development and land use plans. Most potential sites are located in outlying parts of the Metropolitan Area, many on prime agricultural land. Taking such sites out of production poses a serious conflict with longstanding regional policy fostering preservation of agricultural lands. Public Health and Environmental Hazards The health and environmental consequences of land disposal of waste have been increasingly documented in recent years. Damages can occur in the form of sur- face and groundwater contamination, air pollutant emissions, fires, explosions, food chain contamination, noise and odors. 14 50.000 Figure 2-2. REPORTED MUNICIPAL SOLID WASTE RECEIVING RATES IN THE TWIN CITIES METROPOLITAN AREA 82.000 80.000 52.000 Source: Landfill operators' reports on file at the Minnesota Pollution Control Agency. 1872 73 74 75 re 77 78 79 80 81 82 83 134 85 88 Year Table 2-2 ESTIMATED SOLID WASTE GENERATION TWIN CITIES METROPOLITAN AREA, 1985-2000 (in thousands of tons) Cumulative County 1985 1986 1987 1988 1989 1990 1991-1995 1996-2000 1985-2000 Anoka 160 164 167 170 173 179 942 1,016 2,971 Carver 27 27 28 29 30 32 176 203 552 Dakota 177 183 189 194 199 205 1,135 1,296 3,578 Hennepin 1,025 1,032 1,038 1,044 1,050 1,059 5,394 5,574 17,216 Ramsey 480 481 481 482 483 486 2,429 2,445 7,767 Scott 37 38 39 40 40 42 224 242 702 Washington 85 87 90 93 95 99 536 587 . ,1,672 Metropolitan Area 1,991 2,011 2,032 2,052 2,072 2,101 10,836 11,361 34,456 Note: Totals may not equal sums of each line due to rounding. Estimates based on the following genera-tion rates: urban-residential =2.75 pounds per person per day; rural-residential =2.00 pounds per person per day; commercial = 3.21 pounds per employee per day; and industrial = 7.92 pounds per employee per day. Burnsville Oak hue Freeway Pine Bend 80 50 50 • 440 8, 2 0 482 70 1,962 190 9,963 9,370 Mjd-1990s 1987 1986 Mid-1990s Hennepin Count.), Flying Cloud Woodlake Scott County Louisville Metropolitan 1985 • Mid-1990s 648 350 2,296 160 1 Mid-1990s 210 A a Totals 1991-1993 1,740 15,100 30,542 'Based information from MPCA, landfill operators, metropolitan counties and MetrOliolitan ,Co 4' cludes expansions approved since 1980 for Burnsville, Pine Bend, Woodlake and Louisvill Does not include any currently proposed expansions. Anoka County Anoka Municipal Dakota County 440 70 Table 2- 3 SOLID WASTE LAND DISPOSAL SYSTEM,TW1N CITIES METROPOLITAN AREA' Permitted Capacity , (acre-feet)' Remaining Capacity as of January 1984 (acre-feet) Estimated 1984 Use Rate' Approximate (acre-fester Closure Date Sanitaf andf ill 2,259 460 420 End 1986 ' Table 2-3 SOLID WASTE LAND DISPOSAL SYSTEM, TWIN CITIES METROPOLITAN AREA 1 Sanitary Landfill Anoka County Anoka Municipal Dakota County Permitted Capacity , (acre-feet) 2,259 Remaining Capacity Estimated as of Jan. 1985 3 1984 Use Rate Approximate (acre-feet) (acre-feet) Closure Date 686 420 December 1986 Burnsville 8,121 2,553 80 Mid-1990s Dakhue 482 199 50 1987 Freeway 1,962 140 50 1986 Pine Bend 9,963 6,724 440 Mid-1990s Hennepin County Flying Cloud 3,109 Woodlake 2,350 Scott County Louisville 2 296 Metropolitan Area Totals 30,542 177 440 1985 862 70 Mid-1990s 568 160 Mid-1940s 11,909 1,710 1991-1993 1. Based on information from MPCA, landfill operators, metropolitan counties and Metropolitan Council. 2. Includes expansions approved since 1980 for Burnsville, Pine Bend, Woodlake and Louisville. 3. Based on information from aerial photographs (taken Nov., 1984) resulting in revised remaining capacity estimates for all landfills. 17 All of the landfills that have operated in the Metropolitan Area since.1970_ are con-rib-tit-Mg tb eqvirOnffirital -oifpOtentiii:Iiiilth .problems. Incidents contamination of surface water, methane sal_migration,_and ouisaoces such as ilIte,—Hdise and odor. Gr.r666-Gater_contamination-has.been,detected at all .si.tes,.withyaqing -degrees of severity. Groundwater contamination is of considerable concern. Two thirds of the region's water consumption is dependent on groundwater supplies. Existing landfills were designed in the early 1970s and do not use state-of-the-art environmental control technologies or practices. Existing and closed landfills . are believed to generate currently over 60 million gallons of leachate, water that has been contaminated by flowing through the waste. Although new....1and... fills would .incorporate_liners_and_leachate collection . systems, recent studies indicate that even well designed systems al16W -at . least 1& percent of leachate to escape:--GrOundwater contamination from leachate migration is difficult to .detect, extremely difficult to control or correct and may continue for decades after facility closure. Public Costs The costs of development of a system of new landfills could be staggering. Average cost per landfill would be $20 to $30 million, with some facilities costing as much as $50 million. Loss of tax base is a potential indirect cost. Added costs can result if groundwater contamination requires cleanup. Costs of several million dollars for cleanup of a facility and surrounding environment are not unusual. It is estimated that approximately 7.5 million tons of recyclable materials will be generated over the next 16 years. Continuation of landfilling would waste the value of these materials and potential revenues derived from them. The energy value of mixed municipal waste would also be lost. As a corollary, current practices dictate ongoing consumption of raw materials and fuels that could be replaced through recycling and resource recovery, with savings in production costs, processing and environmental impacts of raw material use. 18 PART 3: REGIONAL STRATEGY FOR WASTE MANAGEMENT PURPOSE The purpose of the regional strategy is to describe the region's future waste management system. It defines what approaches the system will use to deal effectively with solid waste, including the role of waste reduction, source separation, processing tO recover energy and materials, ana land disposal. Waste reduction involves methods to cut back the amount of waste generated in the first place. Source separation involves sorting waste where it is gener- ated so reusable materials can be marketed or processed more readily. Process- ing for energy or materials recovery consists of methods that transform mate- rials into a usable, marketable product or burn them for heat energy. Land disposal is the practice of depositing waste in landfills. These approaches will play different roles in the regional strategy, but all will be necessary to a greater or lesser degree to manage the region's solid waste properly, effectively and comprehensively. Theregionai strategy is based on a number of important considerations. First, . _s_b.ased on a goal of minimizing environmental health hazards, conserving natural_resour -c-ES---and -ebe d minimizing total -costs:----- ' -- The regional strategy is also intended to reduce the region's reliance on land disposal by Maximizing the recovery of energy and materials from solid -waste and reducing wastes at the source as much as possible. Thus,._upder the regional_strategyv-and disposal is considered a waste management practice of last resort. The region's wast_e_managemept_system should reflect all .the .known_costs of proper .waste management and not pass on costs to future generations. The exist- ing system, however, which is based almost entirely on land disposal, does not incorporate potential future costs of controlling environmental problems. Nor does it reflect the benefits from recycling reusable materials or the avoided costs of taking less waste to landfills. In short, the land disposal system operates at artificially low costs, giving it an unfair advantage over most waste reduction and resource recovery programs. Consequently, the fact that alternative approaches such as waste reduction and resource recovery now cost more than land disposal should not by itself exclude these alternatives from the regional strategy. Economics is one factor to consider, along with others, in selecting waste management approaches. Another iEportan t...__Consider_ation_is_that_the_waste_management system should pro- vide recoveryin-d_disposal_capacity.to_meet,short:.... and long-term needs. It:- should be consistent with public health and environmental protection stan- dards. And it should provide for equitable and efficient allocation of costs to those_who generate .waste, as.conservationof .materials and energy wh e never possible. ALTERNATIVES AND PRIORITIES OVERVIEW Waste reduction and source separation are often referred to as low-technology approaches because they usually require only a small capital investment, have the flexibility to respond to change and involve the participation of those who generate waste. 19 The options available through use of centralized processing facilities include materials recovery, waste combustion and co-composting (the composting of mixed waste with a material that is high in nitrogen such as sewage sludge). Central- ized processing is generally referred to as a high-technology approach, because compared with other methods, it uses more expensive equipment and facilities; its operating costs are typically higher; it requires long-term financing and commitments for waste supply, and is less flexible to convert to other technol- ogies. The major advantage of the approach, though, is the ability to reliably process large quantities of waste in a short 'period of time. The objectives of processing solid waste are to reduce the waste volume, con- vert the waste to usable form or separate materials that can be reused. For example, residential wastes may be processed to recover materials and energy that can be sold. The residual, often grit or ash, requires only a fraction of the disposal capacity that the original waste would have required. In some cases, residuals also have potential for recycling or reuse, for example, as structural fill materials. There are certain risks in establishing facilities to process and recover secon- dary materials and energy from solid wastes. Facilities requiring large invest- ment carry a sizable economic risk, particularly if recoverable commodities enter unpredictable markets. The risk is not so great for low-capital alterna- tives. The foremost risks are associated with the following: 1) commitments from markets for recovered materials or energy; 2) commitments of sufficient solid waste supplies; 3) reliability of the processing equipment and tech- niques; and 4) financial risks to investors. WASTE REDUCTION Alternatives Reducing the amount of waste can reduce costs of making products, public spend- ing for waste management, the rate of resource consumption and the potential for adverse environmental impacts. There are many ways of reducing waste. Economic incentives have prompted some area manufacturers to initiate programs to minimize energy and material require- ments and waste management problems. Consumer preferences for less packaging, smaller and more economical automobiles, recycled or recyclable materials and more durable goods are indicative of a more cost-conscious public. Examples of other waste reduction actions include mulching and composting resi- dential yard and garden wastes such as grass clippings and leaves where they are generated. Yard wastes that can be composted include leaves, grass clip- pings and other organic waste from lawn and garden maintenance. Composting transforms these materials into a usable soil amendment product through con- trolled biological degradation. Waste reduction programs within government establishing policies for buying and using products could reduce total solid waste by about one percent and finan- cially benefit both government and industry. Policies requiring governments to purchase products that contain recycled materials also help to reduce landfill- ing and provide markets for secondary materials. 20 Generally, the cost of a product does not reflect what the public must pay for collection, and disposal of solid waste generated by the product. One technique is to institute a charge on the product to be paid by the user for the costs of waste disposal. Although use of product charges could reduce waste by an estimated two to three percent it is doubtful whether a product charge could be applied on a state level because of a potential conflict with interstate commgrce. Bans on the production of certain products or materials may be used to control products that present substantial environmental or public health risks. Gener- ally they can be applied only if there are alternative materials and products. Bans are somewhat limited, and require either legislative action or regulatory agency resolution to be implemented properly. Priorities It is difficult to determine how much of the region's waste could be diverted from landfilling through waste reduction methods, but they would probably account for only a few percentage points. Several industries, public institu- tions and other organizations are already carrying out waste reduction activi- ties to reduce costs. However, many manufacturing processes cannot produce completely recyclable or reusable products, and waste generators frequently do not know about opportunities for reducing waste at the source. Waste reduction also has major institutional barriers to overcome. A full- scale effort requires new federal or state legislation aimed at reducing waste produced by specific industries. Such legislation generally takes years to pass, and only after the full economic consequences and benefits are known. For these reasons, many waste reduction efforts are beyond the capabilities of local governmental units to implement. It is likely, however, that waste reduction efforts will expand somewhat with- out legislation or major advances in technology. Waste reduction will occur if 1) the opportunities for conservation are recognized and 2) there are economic incentives to do so. To promote such efforts, the regional strategy emphasizes reduction methods that are administratively simple to implement. Such programs include consumer education and awareness, office paper reuse, yard-waste mulching and govern- mental purchasing practices favoring reduction. Particular focus should be on awareness and education programs that emphasize the benefits of waste reduction. The metropolitan counties are currently studying the composition and sources of commercial and industrial solid waste. The studies may help identify further opportunities for waste reduction. In addition, reduction measures requiring new legislation should be evaluated as part of a long-range effort. For the foreseeable future, however, waste reduction will play a limited role in dealing with the region's wastes. 21 SOURCE SEPARATION Alternatives Source separation means that a generator sets aside waste materials that can be recycled. Separation is followed by processirig and transporting the recyclable materials to manufacturers for reuse. Source separation is feasible for both municipal and industrial solid waste but to be successful, 4epends largely on the income derived from sales of recovered resources. Markets for recovered materials are subject to wide swings in prices that can affect decisions to recover or dispose of materials. Source separation relies heavily on the ongoing participation of the individual generators of waste. Municipal solid waste is generated by households and commercial and business establishments. This category does not include industrial-process wastes, agri- cultural wastes, construction and demolition wastes, mining wastes and sludges from pollution control and water treatment processes. Municipal solid wastes that can be separated -a-r-e- include glass, metal, paper and yard waste. There are secondary materials markets in the region -.Pere- includino industries that use glass, metal and paper. Yard waste may be separated and sent to composting sites where decomposed material may be used as a soil amendment. The small quantities of hazardous materials normally found in residential solid waste-, such as aerosols, paint cans and cleaning fluids can be separated by the household. Federal and state efforts are being directed toward developing programs to deal with household hazardous materials. Most existing source separation programs for municipal solid waste are volun- tary and require citizen support. Mandatory source separation programs, which would require local communities to adopt separation ordinances, would receive significantly higher participation and recovery rates. Though a mandatory pro- gram would be difficult to enforce, many people would cooperate voluntarily because it is the law. A recent survey of public attitudes toward source separation in the region con- cluded that many of the reoion's residents indicated they would participate in source-separation programs if curb-side pickup were to be offered either for free or at a small monthly charge. Office waste is being effectively separated to some degree now. Programs have been started at private companies and at state governmental agencies to recover salvageable white paper. Industrial waste is often more homogeneous and less susceptible to changes in volume and composition than residential and commercial solid waste. Such waste often has an excellent potential for serving raw material needs. Many types of industrial wastes, however, are classified as hazardous wastes, to be managed in accordance with state and federal requirements and not to be mixed with solid waste. The MPCA and the WMB are currently involved in efforts to manage household hazardous wastes more effectively. The MPCA has requested state funding for a Frot Rroaram for collection of such wastes: the WMB has developed recommendations for_public education and additional assessment of proper disposal practices. The Council suuRprts the household hazardous waste funding request and the WMB's recommendations. 22 One technique to encourage source separation is to impose a deposit, a small extra charge to the consumer to encourage product reuse. The deposit is refunded when the reusable or recyclable portion of the product is returned. State law would be required to implement mandatory deposit programs in Minnesota. Priorities Historically, almost all recovery has taken place by hand-separating the wastes where they are generated (such as households and offices), then transporting and selling the recovered materials. Technologically, this process is rela- tively simple and has a good potential for dealing with a substantial percent- age of the region's waste. The main obstacles to implementing source separation have been economic. Separ- ation programs simply have not been able to compete with land disposal with its artificially low costs. Moreover, source separation programs have always depended on the voluntary participation of waste generators, and any cost sav- ings have usually not been large enough to encourage most generators to partici- pate. In addition, there has often been a lack of coordination among different recycling efforts and sometimes unreliable service. Three types of waste are particularly suited for aggressive source separation region-wide. They are 1) yard wastes such as leaves generated mainly, by house- holds and some businesses and institutions; 2) small quantities of hazardous substances discarded by households and commercial and industrial firms exempted under federal and state hazardous waste disposal regulations; and 3) recycl- ables, such as paper, corrugated cardboard, glass, metals and aluminum, pro- duced by households, and commercial and industrial firms. The benefits of separating these waste materials at the source are many: providing a cleaner, higher-quality reusable product, reducing the potential for damage to process- ing equipment and reducing the cost of disposal at facilities receiving mixed waste. Immediate priority should go to separating yard waste that can be composted and recyclable materials from mixed municipal waste. Indications are that source separation programs could be available throughout most of the region within two to three years. Within five years, enough households and businesses could be participating in waste separation programs to achieve a very substantial reduc- tion in wastes otherwise destined for landfills. Some wastes may be recovered now or could be reused. However, they should not have the same priority for developing source separation services as recycl- ables. Examples include tires, plastics, and demolition and construction debris. Other wastes can contaminate products, damage processing equipment or present special public health and safety problems. As a result, they should be handled and treated separately. These include such items as hazardous sub- stances from households and small commercial or industrial firms. Region-wide recovery services for these components will take longer to implement, perhaps until 1990. By 1990, as much as 20 percent of the total solid waste generated annually could be separated and recovered under a full-scale region-wide effort. Reach- ing this level, however, requires using several measures phased in at different times. Source separation services for recyclables and yard waste for compost- ing m.ist should be available region-wide by 1987, and 5 ,02—scalp p.lr+i4igation 23 by wast,:' gcicrat3rs rust Sc maid2tery by 19C3. Source separation should first be attemoed on a voluntary basis usina extensive public education. However, if necessary, mandatory ordinances may be needed to achieve adequate participation. Source separation services for special wastes and hazardous substances should be available region-wide by 1990, although services for particular wastes may be provided earlier. All yard waste materials and recyclables must be banned from land disposal after 1990. CENTRALIZED MATERIALS RECOVERY Alternatives The technology of recovering materials at centralized processing facilities is well established. Shredding, magnetic separation of metals, air classification (using a blast of air to separate materials according to their weight) and similar techniques have been successfully used for a number of years. This technology can extract recyclable materials, process recyclables previously separated at the source and reduce the total volume of waste. It can also be adapted to produce refuse-derived fuel (ROE) for combustion or supplemental material for co-composting. Materials recovery has generally been considered only a process to be carried out before waste combustion. Using it only to extract recyclables and/or reduce the volume of waste has never received much attention, largely because the savings were never comparable to its costs. Presently, very little is being done to reduce waste volumes. Some waste compaction takes place at a few of the region's transfer stations. Priorities Materials recovery at centralized facilities has good possibilities in the Metropolitan Area, particularly if the technology is used with other processing methods. As previously mentioned, similar equipment can be used to accomplish a number of purposes. Centralized materials recovery can also serve as a backup if source-separation approaches do not meet anticipated objectives. The regional strategy must be able to respond to varying market needs for recovered materials, while providing continuous processing services and trans- porting waste efficiently throughout the region. The materials recovery approach can be a final step in the recovery process, or serve as an important intermediate step between source separation activities and final processing destinations. Centrally located, intermediate facilities can improve overall waste service flexibility and efficiency. Source-separated materials can be processed at such facilities or waste can be simply transferred and/or pro- cessed and sent to other locations. WASTE COMBUSTION Alternatives Energy can be recovered from municipal solid waste. Waste can be either burned in a furnace with heat recovery facilities or processed to make it a useful fuel. Proven energy recovery technologies include waterwall incineration and ROE. Pyrolysis systems, alcohol production systems and anaerobic digestion systems are in the research and development stages. 24 The main energy products that can be recovered from municipal solid waste are solid fuel, steam and electricity. Revenues from disposal fees and the sale of fuel and energy can defray the costs of energy recovery facilities. Generally, the price for solid waste energy products competes with the price of energy products derived from fossil fuels. Whether the revenue and fees received have to compete with alternative methods of waste disposal is a question that must be decided in each instance. Waste combustion technologies have been commercially available for some time now. The mass-burn and RDF technologies, in particular, are increasingly being used in this country. The mass-burn technology has over 30 years of advance- ment, mainly in Europe. Although newer, the RDF technology is receiving greater attention because of its flexibility and potentially lower costs. Therefore, technological factors should not impede the development of combus- tion facilities in the Metropolitan Area. Economic and public risk considerations have been the major reasons for the slow development of combustion facilities in the region. Only one small-scale facility in Savage is currently in operation. Proposed large-scale projects have never been able to compete with the region's low-cost land disposal sys- tem. Such projects have always required large capital investments and long- term public commitments of waste supplies. Finally, there were always linger- ing questions whether better alternatives were available. However, alternative proposals have never proven capable of handling the large quantities of waste that combustion facilities can. Priorities Waste combustion must play a key role in the region's future waste management system. It could recover as much as 50 percent of the total solid waste gener- ated annually. Priority must go to developing a system of major combustion facilities that will be operational by 1990. Large-scale facilities need to be built each capable of handling as much as 500 or more tons per day of mixed municipal waste. In general, large-scale facilities provide the potential for greater control of air emissions because they have higher combustion efficien- cies. These facilities will not be competitive in the short-term; therefore, they will require assurances of an adequate waste supply. The ROF technology is more adaptable to the regional strategy because of its flexibility. CENTRALIZED COMPOSTING AND CO-COMPOSTING Alternatives Another form of centralized resource recovery is composting or co-composting of mixed solid wastes with materials high in nitrogen. Similar to backyard com- posting of yard waste, large composting facilities rely on the biological pro- cesses of microorganisms to break down the organic fraction of processed municipal solid wastes. Composting facilities process the waste, using shred- ding and mechanical separation techniques similar to energy recovery facili- ties. The viability of composting plants depends on the markets for the final product. Centralized composting facility technologies include open "windrow" systems (that is, piles of organic refuse that are turned using large road machinery) and enclosed systems where the oxygen and temperature levels are controlled. These types of resource recovery systems are more common in Europe than in the United States. Centralized composting is, however, increasingly being used in this country. 25 Until recently, the co-compost technology has received little attention in the region. Recent research by the Council indicates that the technology offers a number of opportunities, and that it should be a part of the regional strategy. Co-composting technology is readily available and applicable to the region. The technology includes use of windrows and enclosed vessels. Both methods have been successfully used for years particularly in Europe. One advantage of co-composting is that it can readily be used in conjunction with other processing methods, such as combustion and materials recovery. Simi- lar equipment can be used in these processing methods, and the systems can be operated in a coordinated way to respond to seasonal fluctuations in market demand and waste supply volumes. Moreover, the co-composting process can respond fairly easily to market demand for different types and quantities of co- compost product. Priorities Indications are that a number of markets exist in the region to use co-compost products. Some question remains, however, regarding the competitiveness of the product with similar products currently being used. The University of Minne- sota, in cooperation with the Council, has begun a research and development pro- ject to determine the marketability of co-compost in the Metropolitan Area. The net effect of including co-composting in the regional strategy is to increase flexibility and lessen even further the amount of residuals requiring land disposal. The question about the marketability of compost should not by itself discount co-composting as an important part of the region's future waste management system. However, public subsidies may be required until a long-term market demand is developed. LAND DISPOSAL Alternatives As a method of waste management, land disposal is a .lastyesprt, Waste reduc- 117 -Ind-resource reEbvery are preferable methCids,—but -6(en with land disposal there are factors to consider to minimize environmental and land use problems. Land disposal has occurred in a range of environments, from uncontrolled, pol- luting, unaesthetic open burning dumps, to landfills, that, when properly designed and operated, have less chance of causing serious pollution and nui- sance problems. The critical question regarding any land disposal facility is to what extent the waste material's constituents can escape into the soil and groundwater and adversely affect the surrounding environment and water sup- plies. New land disposal facilities should be located and modern technology incorporated into their design to reduce public health and environmental risks. Another important consideration is controlling the type of waste going into a land disposal facility. Compliance with increasingly rigorous and detailed standards for environmental protection will increase the cost of land disposal. Once the land disposal facilities are_f_illed„ reurn_tig_a_productive land use is flatted. Some completed land disposal facilities can be used foi--76Er'da: tional purposes, or for light intensity commercial and industrial uses. In some cases, methane gas can be recovered for use from solid waste land disposal facilities during operation and after closure. 26 Priorities Waste reduction and resource recovery are estimated to reduce significantly the need for land disposal but will not eliminate it entirely. Landfills for municipal solid waste will be necessary on a short-term basis while reduction and recovery systems are developing. They will also be necessary for waste that cannot be processed and for the residue fi-om recovery operations. How- ever, their use should be kept to an absolute minimum. Technology and Operations Pollution control techniques installed as landfills, such as liners installed under the site and systems to collect leachate and recover methane gas are increasingly used at disposal facilities throughout the country. However, because they have not been used extensively, or for a long period of time, it is difficult to predict whether they will perform adequately in all instances. It is best to assume that some failure will eventually occur. As a result, other factors must be considered to keep risks to a minimum. The location of disposal facilities is particularly important. Locations with favorable geologic and physical features can greatly reduce the chances of adverse impacts and allow more time to correct potential problems. Future decisions about land disposal must give as much consideration to location of landfills as pollution control systems and the landfill site. There mus.t_be__a_ shift away_from_the_current_philosophy that dilution of pollutants is an dcdeOtable means of environmental protection. . — _ _ Another factor is the type of waste materials that landfills accept. To date, there has been little effort to control the types of waste deposited in land- fills except for state prohibitions on hazardous wastes in 1973 and discarded tires effective in 1985. What the region requires, however, is a ban on the land disposal of "unprocessed" municipal waste after 1990. Unprocessed munic- ipal waste includes materials that could be recycled, but have not been removed, and wastes that have not been stabilized by incineration or other processing methods. The technology is available to achieve a total ban, and it is economically possible to have such services region-wide after 1990. Such a ban would allow only residuals from processing and recycling to go to landfills. There are several benefits of banning "unprocessed" waste from landfills. The residuals require significantly less land disposal space. Existing land dis- posal capacity would be available for a longer time period, and the number of new sites needed would be considerably less. In addition, the more homogene- ous, stabilized character of the residuals can lower the potential for adverse health and environmental impacts. The organic content of residuals is minimal, virtually eliminating the potential for generating methane gas and narrowing the range of potential contaminants that might seep off the site. Nuisance impacts, such as odor, noise, dust, litter and traffic, would also be less. Landfills comprised of residuals could mean the landfill site, once closed, could be converted to many more uses. Finally, the ban, in itself, may stimu- late the development of industry to process and utilize the waste materials. 27 Disastrous events, however, could create the need for short-term landfilling of mixed waste after 1990 in order to provide for proper sanitation. Unex- pected circumstances. sucn as bad weather conditions or severe eouipment mal- functions, could temporarily shut down orocessina facilities and reauire a lifting of the unprocessed waste ban. Provisions to deal with such justifiable exemptions can be built in as state leaislation, certificate-of-need standards and county master plans are developed to implement the reaional plan. Effect on Developing Alternatives to Land Disposal How much capacity is available in landfills can adversely affect the develop- ment of reduction and recovery alternatives. Historically, reduction and recovery alternatives have had difficulty competing against the region's low- cost land disposal system. It is anticipated that this situation will even- tually change with the implementation of better-designed landfills, which will be more expensive to build and operate. The major problem, however, is that it will take several years to phase in a new land disposal system. Current_estiMates show_that without any changes in waste management, about sevg -to nine _years of capacifY -feeaiii -a-vailable-ln -the existing disposal system. The existing sy -Slem -could be available for a -1669er period of time:If -major reduction and recovery projects are implemented accord- ing to planned time schedules. This extended period of use will further delay the time when better-designed, more expensive landfills are needed and the waste management system as a whole operates more competitively. As a result, landOsOosal-caPacitY bavQ.to be caref.111.1Y.coPtro)led_if_the regloniT strategy is to_be successfully implemented. ROLES AND RESPONSIBILITIES FOR IMPLEMENTING THE REGIONAL STRATEGY Solid waste management requires responsive public decision-making. The state Waste Management Act mandates a decision-making process for solid waste man- agement in the Metropolitan Area that involves several levels of government. The major planning and coordinating functions are given to the Council, and the counties have primary implementation responsibilities. The state, cities and towns have various regulatory and implementation authorities. However, new institutional relationships may be necessary, along with additional legislative authority, to successfully implement the regional strategy. SUBREGIONAL SERVICE AREAS The regional strategy lays out an approach that calls for a regional system of processing and source separation activities to be phased in over the next five years. Only the residuals from these activities could no to land disposal facilities after 1990. A concept of centralized management and coordination of the waste, its components and final destination is necessary to implement the regional system (see Figure 3-1). The majority of the waste would most likely go to centralized locations after source reduction and separation. Here the waste would be processed and/or sent to other processing locations, and the remaining residuals would go to land disposal facilities. Cooperative arrangements among the counties, will be necessary if the region- wide approach is to succeed. Present patterns of waste manaoement (collection, transportation and disposal), and the potential locations for processing facili- ties and final product markets, are not easily adaptable to service areas based solely on the jurisdictional boundaries of individual counties. There are indi- cations that some of the major processing projects currently being developed 28 Figure 3-1. REGIONAL WASTE MANAGEMENT SYSTEM SOURCE REDUCTION Residential Commercial Industrial WASTE SEGREGATION Yard and Hazardous Wastes. Recyclables. etc. CENTRALIZED PROCESSING/ TRANSFER STATIONS CO-COMPOSTING REFUSE-DERIVED MASS FUEL BURN RESIDUALS ABATEMENT LANDFILLING OF PROCESSED WASTE LOW. TECHNOLOGY Recycling may not have sufficient waste supplies to expand in the future because of these factors. If this is the case, solid waste recovery may not reach its fullest potential. What is needed is a subregional approach that involves groups of counties. Ramsey and Washington Counties have joined toOther to develop and implement a major centralized processing facility and ancillary services. The subregional approach, in this instance, has worked well in project.development, financing and waste supply assurance. The following subregional service area are recommended based on waste supply concentrations, geographical proximity of the counties to one another and the potential locations for processing activities. Solid waste planning, facility development, financing and operations could be facilitated by the two- or three- county subregional approach. 1. Anoka and Hennepin Counties; 2. Dakota and Hennepin Counties; 3. Dakota, Ramsey and Washington Counties; and 4. Carver and Scott Counties. Source separation's low-capital investment requirements and generator-based approach make it particularly suited for local governments to implement. Source separation is also very adaptable to subregional approach. Although only a few Metropolitan Area communities are currently implementing comprehen- sive programs, new financing mechanisms provided by the Waste Management Act now make possible greater local involvement. Areas where cities and towns must direct their efforts include 1) directly providing separation services or pro- viding financial aid and other assistance to privately operated projects; 2) increasing public education and awareness; and 3) monitoring performance of the activities. Reaching maximum source separation levels, however, cannot be accomplished by local efforts alone. Both the Council and counties will not only have to pro- vide local assistance, but also deal with the broader issues that transcend local jurisdictions. Four areas deserve particular attention: 1) expanding mar- kets to take recyclables; 2) organizing waste collection services that facili- tate separation; 3) developing intermediate processing facilities to take sepa- rated materials (see discussion under high-technology approaches); and 4) com- plementing local public education and awareness programs. State agency assist- ance will also be necessary. WASTE COLLECTION SERVICES The regional strategy depends on efficient solid waste collection services. Most of the waste is collected in the Metropolitan Area under an "open arrange- ment" where the collector contracts directly with those who generate the waste. This arrangement, however, has resulted in waste collection services that in many areas of the region are inefficient. Frequently, for example, there are several waste collectors collecting from homes along the same streets, perhaps even on the same day. As a result, waste collectors have to travel greater distances between stops, which increases their fuel and labor costs. For the community, it means more truck traffic, street maintenance, noise and vehicle emissions and safety problems. 30 This open arrangement has also been a hindrance to recycling and resource recovery. Under the existing system, the waste collector, not the recycler or resident, benefits from recycling. For each ton of material removed from the waste stream, the waste collector is rewarded by collecting, transporting and disposing of one less ton of waste. If the benefit of recovery, in this case avoided costs, is not distributed equitably throughout the system, there is no significant financial motive to expand existing recycling programs. Under an organized system, the alternative to the open arrangement, the local government or residential association could negotiate with collectors for waste hauling on behalf of households, businesses and other generators of waste. Con- tracts with the collectors can establish efficient routing systems and provide for local recycling and other recovery services. An example that works well is the Minneapolis program. Working with a consortium of waste collectors, the city has been able to provide efficient collection services and curb-side recycling city-wide. Organized collection services could play a major role in implementing the regional strategy. Organized collection is particularly adaptable to using sub- regional service areas, and offers savings to the local community and waste collector. The Council is currently evaluating organized collection, and will complete a report in mid-1985. MARKET DEVELOPMENT It is important that enough markets, or consumers, exist willing to take the products from solid waste recovery programs, such as energy, compost, grass, paper and residuals like ash. Without this demand, waste recovery has little chance of succeeding. Although markets have always been a factor in past decis- ions, there has never been a concerted effort to improve market conditions in the region. Markets can include industries, businesses, governmental units, groups of peo- ple and individuals. Crucial to the success of the regional strategy is expand- ing existing markets and developing new ones. Priority must be given to having such a program in place in 1985. Markets will see this as a serious commitment to changing waste management practices and an opportunity for investments. Enacting an innovative program requires the cooperation of a number of govern- mental agencies and the business community. Currently, some uncertainty exists about specific roles in the region, and market development efforts are frag- mented and frequently duplicative. A need for coordination is apparent, along with setting up a carefully structured program. The Council and the state Department of Energy and Economic Development appear best suited to set up the market development program. Recent research by the Council indicates that the following areas deserve particular attention 1) sta- bilizing recyclable material supplies; 2) targeting specific markets for expan- sion and development; 3) improving public education and technical assistance capabilities; 4) reexamining the role of market subsidies; and 5) re-examining the effect and role of state and local financial and regulatory devices. PUBLIC EDUCATION AND PARTICIPATION Accomplishing the regional strategy depends on a high level of public under- standing and participation. The public's willingness to accept new solutions 31 and pay somewhat higher costs for improved waste management will depend, to a large extent, on educational and related efforts. Activities like waste reduc- tion and source separation are particularly dependent on methods to persuade public attitudes. Several governmental bodies and private group S in the Metropolitan Area already provide public education and participation activities. These organizations include the Council, metropolitan counties, many cities and townships, Minne- sota Pollution Control Agency, Minnesota Waste Management Board and private entities, such as recycling firms and public interest groups. However, efforts by these organizations are often fragmented, duplicate one another and do not provide the service the public needs. A program is needed that coordinates public education and participation. The purpose of such programs would be to 1) change behavior of those who generate waste through actual participation in waste reduction and resource recovery programs; 2) increase public awareness about waste management; and 3) increase citizen participation in important decisions on solid waste plans and projects. Immediate priority should go to establishing such a coordinating program. The low-technology approaches in particular, depend on the public's early awareness and involvement if they are to be implemented as scheduled within the next few years. It would not be practical to expect local units of government or pri- vate businesses to set up the program, but more appropriately, the Council and metropolitan counties must assume the responsibility. Improving public education and participation will also depend on strong "grass roots" activities. Environmental activist groups, churches, clubs, and similar organizations are already carrying out some of these activities, but they will have to become even more involved to gain the broad support necessary to make changes in the waste management system through "grass roots" coalitions and community organizing tactics. Assistance from government may be necessary to help out these efforts. POLICIES FOR SOLID WASTE MANAGEMENT The following policies are intended to guide development of the region's future solid waste management system. 1. Waste reduction and resource recovery are feasible, prudent alternatives to land disposal of municipal solid waste. Economic considerations alone shall not preclude implementation of the alternatives. 2. Processible mixed municipal solid waste shall be prohibited from land dis- posal in the Metropolitan Area after 1990. 41-e-t-t.epe44-an—Prr-ea--j-enz.-:tors of 71 nicipel :x?id vestc arc recJired after lee, , ,^ Ign,r1 met;rials. 3. Separation of identified recyclable materials and compostable_yard waste is a responsibility of the waste oenerator. If by Jan. 1, 1988, voluntary efforts on the part of cities towns or counties have not achieved the objectives for waste reduction and source separation set forth in the Council's waste reduction/resource recovery development schedule, oenerators of mixed municipal solid waste still]. be required by July 1, 32 1988, to separate identified recyclables and comoostable yard waste mate- rials from other mixed wastes. Counties retain primary responsibility for ensuring attainment of the objectives, for ensurina that recycling ser- vices and facilities are provide:1, and for coordination of the programs with other local government units. 4. The public sector fs responsible for 4.e-v.e;eo-i-ria-ensurina development of a regional system of waste processing and recycling services. The system should be comprised of centralized processing facilities, transfer stations and composting and recycling services. The system should provide continuous, convenient and reliable services to all residential and commercial waste generators in the Metropolitan Area and centralized management and coordination of the waste, its components and final destination. 5. The metropolitan counties are strongly encouraged to develop programs and projects cooperatively within the following subregional service areas: a. Dakota and Hennepin Counties; b. Anoka and Hennepin Counties; c. Dakota, Ramsey and Washington Counties; and d. Carver and Scott Counties. -6-7 Residential -and commer-e4-a4--aefte-ret--er-s—ef—sme-l4—ameuft4s—ef--h-a-Hi4eJs sut St a nc es -shetu-14-4epar-ata--t-he 47P-at-er4-al-s '-r,om--the-r err a4-fii ng for these m3ter-4-a4e by 19E8. 6. Proarams to provide and coordinate information and management services for iiTl quantities of hazardous waste should be available to the region household and commercial waste generators by 1990. 7. A region-wide centrally coordinated public education and participation program shall be established by 1986. All Metropolitan Area residential and commercial waste generators shall be provided information on opportuni- ties to participate in waste reduction and resource recovery programs. 8. A region-wide, centrally, coordinated resource recovery market developmen t program should be established by 1986. 9. The organized collection of mixed municipal solid waste is strongly encou r - aged in the Metropolitan Area. 10. Solid waste facilities should not be allowed_to_degrade ground- and Slitfite -Water resources beyond_their_natural_Auality. TechnologY -alone should not be deemed sufficient to protect ground- and surface waters. The .inherent suitability of locations for land disposal facilities will be equally considered with technological factors. 11. The regions total_openating capacity for land disposal should not exceed giTe—imouni specified in the land disposal-development sc h e d u l e in _ _ _ guide. 33 PART 4: SYSTEM PLAN This system plan for solid waste management in the Metropolitan Area identifies projects and activities necessary to meet waste management needs until the year 2000. The plan consists of three sections. 1. A development program for waste reduction and resource recovery describes the facilities and activities that need to be implemented to carry out the regional strategy. A development program schedule specifies levels of reduction and recovery attainable as well as the timing and likely location of projects to achieve these levels. This section also describes the responsibilities of state, regional and local governments for implementing and coordinating the development program. 2. A development program for land disposal identifies the landfill capacity needed to handle waste that remains after reduction and recovery. An imple- mentation schedule specifies the number of landfill sites needed and the timing of their development. Also described are methods of controlling environmental risks and use of the land after closure. 3. A final section analyzes the costs of implementing the development programs for waste reduction and recovery and for land disposal. Also described are methods of financing specific projects and activities. DEVELOPMENT PROGRAM FOR WASTE REDUCTION AND RESOURCE RECOVERY This development program describes how the regional strategy is to be carried out. The development schedule identifies the expected levels of waste reduc- tion and resource recovery to be attained by each of the metropolitan counties from 1985 to 2000. The development program identifies a variety of facilities and programs that can be used to reach the waste reduction and resource recovery levels. The program also identifies the public sector responsibili- ties for implementation of the plan. The counties and their cities and town- ships are responsible for determining the methods that best fit their individual needs to meet the objectives listed in Table 4-1. DEVELOPMENT SCHEDULE The schedule sets objectives for the levels of waste reduction and resource recovery that must be attained in the region and is shown in Table 4-1. The table sets specific levels of waste reduction and resource recovery that must be attained annually by each of the counties (including source separation and centralized processing) from 1985 through 1990 and in five-year increments thereafter through 2000. The objectives for waste reduction, source separation and centralized processing must be achieved by the counties. Ranges are given for some years for centralized processing because it is difficult to predict when a processing facility will begin operation and reach its designated capacity. However, the lower end of the range is expected to be achieved. Centralized processing includes transfer stations, waste processing, combustion and co-composting facilities. The Council will monitor progress in meeting the objectives of the development schedule through its various plan review and reporting mechanisms (see "Plan Implementation," Part 5). The metropolitan counties have overall responsibil- ity to design, develop and implement programs that reach waste reduction and source separation objectives. Local communities are expected to work in cooperation with the counties to attain the objectives. 34 ANOKA\CXTY Waste ReduCidn Source Separation Centralized PrOessing • County Total \ CARVER COUNTY Table 4-1 WASTE REDUCTION/RESOURCE RECOVERY DEVELOPMENT SCHEDULE (Percent of Total Solid Waste Generated by County) 1991- 1996n 1985 1986 1987 1988 1989 1990 1995 200 2 3 4 ' 5 6 9 12 15 2 4-19 19-57 80 -Tr IT:7I 35-73 100 Waste Reduction 1 2 2 3 Source Separation 2 4 6 8 Centralized Processing 0 0 0 0 County Total T --8- DAKOTA COUNTY 5 5 13 13 82 82 100 100 Waste Reduction 1 Source Separation 2 Centralized Processing 2 County Total --5- HENNEPIN COUNTY Waste Reduction Source Separation Centralized Processing County Total 1 2 / 2 \k 3 2 V 6 2 • 2 2-11 .11-57 13 5 Ai 75 - r3=-22- C2773-• 4 4 4 16 16 16 80 80 80 100 100 100 RAMSEY COUNTY Waste Reduction A 2 2 2 3\ 4 Source Separation 6 9 11 15 \ 19 Centralized Processing1 1 5 5-57 67-72 .77 County Total --g- --g- -1-6-IS77b 85-90 -I0- 4 19 77 100 4 19 77 —rou 2 4 5 5 5 4 6 9 11 15 15 15 2 -14 14-57 80 80 80 ID /117:n. 29-72 -IN- -1-07 100 Waste Reduction 1 2 Source Separatio 2 4 Centralized Processing 18 18 County Total/ -21- 76- 2 2 6 8 18 18 -7g- 3 3 3 11 14 14 18-28 83 83 32-42 7015 SCOTT COUNTY WASHINGTON COUNTY Waste Redhion 1 2 2 3 4 5 5 e/1 Source S paration 2 4 6 8 12 16 16 6 Central/zed Processing 19 19 19-25 25-57 67-72 79 79 7 Couq y Total 22 25 27-33 36-68 83-88 -T-65- -TO- -111g METROPOLITAN AREA (Percent of Regional Total) Watte Reduction burce Separation / entralized Processing Regional Total 1 2 2 2 3 4 2 4 6 ' 9 13 16 2 2 4 25 57 80 --5- --g- -17- -3-6- --71- 100 4 4 16 16 80 80 100 100 Waste Reduction Source Separation Centralized Processing County Total 1 2 2 4 18 18 —2T- 24 2 2 3 6 8 11 18 18 18-27 26 --Yg ST:Tr 3 14 83 3 14 83 3 14 83 -ruu WASTE REDUCTION/RESOURCE RECOVERY DEVELOPMENT SCHEDULE (The Percentage of Total Solid Waste Generated by County Managed by Waste Reduction/Source Separation Programs and Centralized Processing Facilities) 1991- 1996- 1985 1986 1987 1988 1989 1990 1995 2000 ANOKA COUNTY Waste Reduction Source Separation Centralized Processing County Total CARVER COUNTY Waste Reduction Source Separation Centralized Processing County Total DAKOTA COUNTY , 1 2 2 3 4 5 5 5 2 4 '6 .9 12 15 15 15 2 2 2 4-37 19-77 80 80 80 5 8 10 16-49 35-93 100 100 100 ... 1 2 2 3 ' 4 5 2 4 6 8 11 13 0 0 0 0 0-32 82 --I- 6 8 --rr 11=47 -100 - 5 5 13 13 82 82 100 71515 Waste Reduction Source Separation Centralized Processing County Total 1 2 2 4 2 2 --)1- 2 2 6 9 2 4-30 -110- 15-41 4 11 14-70 29-85 5 15 15 15 80 80 80 100 100 100 HENNEPIN COUNTY Waste Reduction Source Separation Centralized Processing County Total 1 2 2 4 2 2 —5- —8- 3 13 11-65 27-81 4 16 80 100 4 4 16 16 80 80 100 -TUU RAMSEY COUNTY Waste Reduction Source Separation Centralized Processing County Total SCOTT COUNTY 1 2 2 2 3 4 3 6 9 11 15 19 1 1 5 5-62 67-77 77 5 9 16 18-75 85--95- 100 4 4 19 19 77 77 100 100 WASHINGTON COUNTY Waste Reduction Source Separation Centralized Processing County Total 1 2 2 2 4 6 19 19 19-25 22 -25 27-33 3 8 25-59 36-70 4 12 67-71 83-87 5 16 79 100 5 5 16 16 79 79 100 100 METROPOLITAN AREA (Percent of Regional Total) Waste Reduction Source Separation Centralized Processing Regional Total 1 2 2 2 2 4 6 9 2 2 4 25 —5- —8- -12- 3 4 4 4 13 16 16 16 57 •80 80 80 100 -TUU- -TUU 35 WASTE REDUCTION AND SOURCE SEPARATION Overview Waste reduction and source separation are targeted towards specific types. of waste generators (such as residential households and commercial establish- ments) and specific materials. Waste reduction and source separation are strictly dependent on the participation of the waste generator. Table 4-2 summarizes the projected participation rates used to estimate the impact of waste reduction and source separation activities. The objectives established in terms of tons (see Table 4-3) are dependent on these assumed participation rates, which, together with assumptions about the composition of solid waste, are applied to the county-by-county, residential and commercial waste generation rates. Table 4-2 PROJECTED PARTICIPATION RATES USED TO CALCULATE OBJECTIVES FOR WASTE REDUCTION AND SOURCE SEPARATION 1988 1990 1988 1990 WASTE REDUCTION (Mulching/backyard Composting) Residential Commercial SOURCE SEPARATION Yard Waste Residential Commercial Recyclables Residential Commercial Office Paper Recycling Residential Commercial 30% 60% 30% 60% Drop-off On-route 10% 15% 25% 30% 10% 15% 25% 30% 10% 15% 40% 70% 10% 15% 40% 70%. 40% 70% The Council will revise the generation rates used for this plan after reviewing the counties waste-stream analysis reports required by the Waste Management Act. The counties have an important role in completing research on waste composition and v6Tumes which can mean identifIcation of additionirogportu- nities for waste reduction and source separation. Therefore, the objectives in terms of participation rates established in this plan will be the most basic factor and a more permanant planning guide than the objectives in terms of tonnages. The volumes recovered, however, are more reliably quantified and will become the primary means for the Council to measure county progress. Participation rates, as a practical measurement tool, will be secondary. 36 Waste Reduction Reduction Levels and Target Dates It is especially difficult to quantify the effect of most waste reduction efforts since the basic objective relies largely on changing waste generators' behavior. Little data is available about existing efforts or trends because participation and volumes of waste prevented are not readily measurable. Nonetheless, there may be substantial impact and important long-term benefits because of increased awareness of waste generators about their role as the first link in the overall waste management system. The greatest immediate potential for waste reduction is by mulching and back- yard composting. The other waste reduction techniques have much less certain potential because of lack of reliable data and the speculative nature of their implementation. Therefore, the objectives established in this plan for waste reduction are assumed to be solely due to mulching and backyard composting. However, the metropolitan counties are responsible for determining the best mix of waste reduction strategies for their individual circumstances in order to achieve the objectives in Table 4 e l. Yard Waste Mulching and Backyard Composting Mulching and backyard composting can be considered as one waste reduction tech- nique because both activities require intensive and well-designed public educa- tion dealing with the same yard waste materials. Mulching, more appropriately called improved turf management, means more frequent mowing, cutting at higher levels and more conservative use of inorganic nitrogen fertilizers. Backyard composting involves proper pile construction and management to ensure adequate control of decomposing grass, leaves and garden trimmings. To be successful, it is essential that proper information about yard waste reduction be provided to waste generators and be coordinated as an intergral part of the region's larger solid waste communication program. Yard waste mulching and backyard composting is given priority by the Council because of its potential to reduce costs of separate collection and processing through centralized composting. Also, the waste generators will benefit by direct use of the material. Therefore, only leaves, grass clippings and garden trimmings that cannot be mulched or composted are identified for separate collection as described under source separation. A permanent, region-wide publicity effort aimed at voluntary yard waste reduc- tion should begin in the spring of 1985. With well-designed and financed publicity programs from 1985 through 1987, voluntary participation in the mulch- ing and backyard composting strategy should reach 30 percent. That translates to about 44,000 tons of yard waste reduced per year, a two percent total waste stream impact for the region, as shown in Table 4-3. After If the mandatory ordinances are adopted and publicized, participation in mulching and backyard composting should increase to 60 percent because it will be easier to mulch by more frequent lawn mowing than setting out bagged grass clippings for separate collection. The resulting total waste stream impact for the region should then be about 90,000 tons per year or-s4-+ four percent. The waste reduction objec- tives established assume that eligible yard wastes make up.14 percent of the residential waste stream and three percent of the commercial waste stream. The calculation of waste stream impact is made as follows: 37 WASTE REDUCTION (Percent of Total Waste Stream) 85 86 10.174 21,950 (1) (2) 87 88 32,912 43•815 (2) (2) 89 90 91-95 96-00 66.160 89,867 464,785 . 944.128 (3) (4) (41 (4) Table 4-3 WASTE REDUCTION AND SOURCE SEPARATION OBJECTIVESI (TONS UNLESS OTHERWISE SPECIFIED) SOURCE SEPARATION Yard Waste Drop-off 530 1.062 Yard Waste On-route 8.694 17,388 Recyclables Drop-off 5,698 11,396 Recytlables On-route 29,011 61.109 Office Paper ) 1.329 2,267 SOURCE SEPARATION SUBTOTAL as".-2•62- 13,22 (Percent of Total Waste Stream) (2) (4) TOTAL 56,236 115,172 1,589 27,077 17,093 81,659 3,985 T1174F1 (6) 164,315 2,117 34,711 22,789 116,050 5.315 1-61;047 (9) 224.937 5.837 39,252 30.502 , 168,539 9,029 (15) 319,319 3.427 44.006 38,210 221.021 12.739 111:461 (16) 409,270 17,874 19.022 220,483 • 231,311 198.822 264,662 1,139,148 1.194.140 65.418 68,278 1-51174-6- I:7)7.4a (16) (16) 2,106,530 2,721,541 1The numbers in this table may change depending on 1) projected participation rates, 2) composition of the waste, and 3) the rate of waste generation. • Tons reduced = (tons of residential waste x 0.414 x pcipation rate) + Ttons of commercial waste x 0.03 x participation rate). • Other Waste Reduction Techniques The other waste reductions techniques can be classified under the categories of 1) improvements to industrial or manufacturing processes, 2) improvements to procurement policies, 3) paper reduction, and 4) legislative or regulatory actions. Certain industries, especially heavy manufacturing, may be able to realize cost savings if processes and raw materials are changed in favor of alternatives producing less waste. Direct financial subsidies or tax incen- tives may be necessary, however, to accelerate their development. Procurement policies give greater consideration to the total costs over a product's life, or "life-cycle costing", before purchase. This should result in preferences for more durable, reusable and recyclable goods and should also result in a preference for "purchasing more product and less container," such as buying in bulk or buying in refillable bottles. Paper reduction includes information storage and retrieval techniques that shrink office paper consumption such as use of microfiche, use of magnetic media (for example, computer discs and tapes) and paper conservation policies and procedures (for example, use of car- bonless forms, printing "back-to-back" on two sides rather than single-sided copying). Legislative or regulatory actions include activities such as product bans and packaging rules. Both of these have been attempted in Minnesota as waste reduction and environmental protection measures with very little success. No reduction levels or target dates are assigned to these other strategies because the waste stream impact is unknown or the implementation is too specu- lative to make specific projections. Notwithstanding, the Council and the metropolitan counties should continue to evaluate these opportunities and if further research warrants, this plan should be amended to include reduction levels. Proposed Roles and Responsibilities Programs should be established that focus on 1) enhancing the waste generator's awareness of reduction opportunities, 2) facilitating the ability to take advan- tage of the opportunities, and 3) developing implementation schemes that will be economically advantageous to the recipients. The cost savings of waste reduction activities will be the principal motivator for change. A primary objective, therefore, should be to collect and dissemi- nate this type of cost-benefit data. For instance, businesses and governments that currently employ life-cycle costing in their procurement processes could serve as models and resources for other waste generators of all types. Con- sumer information should also be prepared to show how products sold in bulk and in refillable containers are less costly and at the same time more environmen- tally sound. To help consumers take advantage of the opportunities, technical assistance programs should include model waste reduction management programs to help residents, businesses and governments implement reduction strategies. There are several levels of government that should be involved in waste reduc- tion programs. The Metropolitan Council and metropolitan counties should take the lead in deveTboina and implementing the proirams. The Courkil's roleF.Tid be more of an oversiant, coordinating function: dome research on the 39 Table 4-4 ROLES AND RESPONSIBILITIES FOR IMPLEMENTING A REGIONAL WASTE REDUCTION PROGRAM Roles and Responsibilities - Be responsive to waste reduction information and suggestions. - Implement recommended policies and activities when feasible. - Improve turf manaaement ("mulching" of grass and leaves) whenever possible. - Compost on-site (backyard). - Implement in-house waste reduction programs. - Refer businesses or other waste generators to appropriate source of technical assistance. - Implement in-house waste reduction programs. - Assist in the development of curriculum packets. - Implement in-house waste reduction programs. - Distribute information provided by the Council to municipalities, schools and other waste generators. - Assist the Metropolitan Council collect data and prepare informational literature. Implement in-house waste reduction program. Facilitate centralized coordination of regional communications, including waste reduction. Research and develop waste reduction informa- mational literature. Evaluate metropolitan legislative options. Implement in-house waste reduction program. Assist the Metropolitan Council and counties with research and literature development. Evaluate state-wide legislative options. - Implement in-house waste reduction programs. - Review and act on proposed legislation. - Implement in-house waste reduction programs. - Review and act on proposed legislation. Primary Implementor Waste Generators Cities or Townships Schools Counties Metropolitan Council Minnesota Pollution Control Agency State of Minnesota Federal Government 40 opportunities for waste reduction, developino legislative recommendations, reviewing local plans and policies for consistency with reaional objectives and monitoring waste reouction prooress in the Metropolitan Area. The metropolitan counties, working more closely with private waste Generators, cities and townships and other local Groups, should provide direct assistance in setting up waste reduction proarams. Because each agency or level of government is also a waste generator, each of them should be required to implement in-house waste reduction programs. Table 4-4 displays a list of potential roles and responsibilities for the waste generator and various implementing agencies. The central immediate activity defined for the Metropolitan Council and the .metropolitan counties is to develop and disseminate practical information that waste generators can use about the opportunities for and benefits of waste reduction techniques. The Metropolitan Council should immediately take the lead in waste reduction research and development, an effort that will need close communication with the metropolitan counties as they develop their solid waste master plans. The counties may decide to coordinate this responsibility through the Metropolitan Inter County Association (MICA). Source Separation Service Methods, Recovery Levels and Target Dates The source separation program consists of separate collection of yard wastes, office paper recycling, drop-off centers and on-route (or "curbside") collection. Projections for participation and recovery rates for these are based on experiences of existing programs in the Twin Cities Metropolitan Area and also from similar peograms around the country. The projected participation rates for each of the techniques are listed in Table 4-2 and the regional objectives are listed in Table 4-3. The highest level of convenience for the waste generator is provided by on-route collection. Therefore, higher levels of recovery can be expected. The regional totals for source separation programs are 181,000 tons per year (nine percent of the total waste) by 1988 and 319,000 tons (16 percent) by 1990. One set of the critical assumptions is the list of materials identified for recovery by source separation (see Table 4-5). This list will be reviewed by the Council annually and revised as necessary to adjust to changing condi- tions. The materials vary by type of program because of the technical con- straints of markets and collection method. This list represents those mate- rials that are commonly collected by existing programs. The list of materials identified for recovery is not intended to be all inclusive of items that could theoretically be recycled. Additional materials that should be considered for recovery include: plastics, , • and reusable or repairable housewares such as clothing, appliances, and furniture. Some materials have been left out of the list of materials identified for recovery because of market or legal constraints. Items contaminated in some fashion or destroyed to the point that they are no longer marketable or reus- able are not identified for recovery by source separation. Other types of mate- rials have the potential to contaminate products, damage processing equipment or present special public health and safety problems. These items include most household hazardous wastes, which should be handled and treated separately. The Minnesota Pollution Control Agency plans to conduct a pilot on route collec- tion program for hazardous wastes. If adequate safety and environmental protec- tion procedures can be assured, these materials could then be identified for recovery and this type of collection should be expanded region-wide. 41 Table 4-5 MATERIALS IDENTIFIED FOR RECOVERY BY SOURCE SEPARATION 1 Materials Compostable garden trimmings Grass clippings Leaves Books Cardboard files Colored ledger Computer printout paper Computer tab cards Corrugated Newsprint White ledger Aluminum Corrugated Ferrous scrap Glass containers Mixed waste paper Newspaper Other non-ferrous Automobile crankcase oil Automobile batteries Aluminum Corrugated Ferrous containers Glass connainers Newspapers Other non-ferrous Automobile crankcase oil Automobile batteries Type of Prooram YARD WASTE 2 Separate collection of Yard Wastes RECYCLABLES Office paper recycling Drop-off centers On-route collection 1 This list of materials identified for recovery will be reviewed by the Council annually and revised as necessary (see Definitions). 2 Yard waste materials identified for recovery by separate collection do not include vegetable matter used in mulching and backyard composting. 42 The list of materials identified for recovery, plus the list of additional mate- rials that could be recovered, is very extensive. This is in line with Council policy that encourages as much of the waste stream as possible be recycled. When developing and revising the list of identified materials, the benefits of a comprehensive source separation program to the region in terms of reduced capital and operating expenditures and environmental impacts must be consid- ered. The state recognized these benefits in the Waste Management Act specifi- cally exempting from waste flow control designation all materials that are separated from 4444e4 solid waste for use in njnufacturinq processes. recyclins. Centralized processing faETTIties must be sized appropriately to account for maximum recycling scenarios. The Council is required to adopt measurable objectives and outline activities for each metropolitan county and local unit of government in the region. To determine the most appropriate source separation collection method for the wide variety of cities and townships, the Council considered population, number of residential and commercial generators, density, and development designation of the community in the Council's Metropolitan Development Framework. Based on this information, along with proximity of the city or township to other major waste generation areas, recycling service methods were identified for each local unit of government (see Figure 4-1). Figure 4-1 shows three levels of recycling service. If curb-side, or "on- route," collection is suggested, this implies that once-a-month curb-side pickup of identified recyclables should be provided. Also, once-a-week curb- side pickup of compostable yard waste should be provided, or an alternative method of separate yard waste collection at least as convenient. Within the curb-side areas, it is implied that existing drop-off programs should con- tinue. If drop-off is suggested, this implies that that city or township, under coordination of the respective county, should provide a convenient drop- off location for recyclables and yard waste within its boundaries. If no desig- nation is identified, then this city or township is assumed to be served by a nearby drop-off site in an adjacent community. These objectives are to be attained by 1988. These are minimum objectives to be used as guidelines by the counties, cities and townships in developing more specific implementation plans. More convenient service delivery is encouraged. The region has a well-established recycling industry currently in place that has evolved during a long history. It is essential that the Council and metro- politan counties first understand the existing recycling system to be able to build a more effective source separation program. Markets must be examined carefully and negative impacts on existing facilities should be minimized to the extent possible while still achieving the regional objectives. For instance, the area of Figure 4-1 identified for curb-side collection has a well- established network of drop-off centers, both charitable and for-profit, that can benefit from increased government involvement. Therefore, the counties and municipalities must first consider these operations before developing new pro- grams. It is possible, that existing drop-off facilities, with appropriate expansions, could serve the drop-off needs of waste generators within most of the urban and suburban areas. 43 Figure 4-1. PROPOSED RECYCLING SERVICE IN THE TWIN CITIES METROPOLITAN AREA Served by drop-off site(s) in adjacent community Drop-off site(s) only within community Curbside service and drop-off site(s) 44. Separate Collection of Yard Wastes The areas identified for curb-side service should have once-a-week, on-route collection of yard wastes during the spring, summer and fall growing season months by the end of 1987. Alternative service may be provided, such as drop- off sites for yard waste, if it can be demonstrated to be at least as conveni- ent. Drop-off sites could range from small, neighborhood composting operations to large, heavily mechanized multi-county facilities. ,Voluntary participation In this type of yard waste source separation should reach 25 percent in addi- tion to those people complying with the mulching/backyard composting strategy. Therefore, the total waste stream impact due to separate collection of yard wastes should be about 37,000 tons or two percent of the total waste stream. After thc If mandatory ordinances are adopted and publicized, the participation in addition to those complying with mulching/backyard composting should increase to 30 percent resulting in a total waste stream impact of about 47,000 tons, still only two percent, by 1990. Office Paper Recycling . A significant number of business and government offices in the region currently recycle their white office paper, computer print out paper, computer tab cards and other high grade paper. However, there is still a large percentage of offices that do not recycle these kinds of valuable paper and should be doing so. This material is identified by the Council for recovery. A region-wide effort must begin in 1985 to enlist the participation of all commercial waste generators. Assuming that office paper comprises four percent of the commer- cial waste stream, a 30 percent recovery rate would accomplish less than one percent impact on the total waste stream or 5,000 tons. This level should be reached by Jan. 1, 1988. After this date, mandatory source separation ordi- nances, should could help increase the level of recovery to 70 percent, resulting in a one percent total waste stream impact or 13,000 tons by 1990. Drop-Off Sites for Recyclables Drop-off sites include any type of recycling center where residential, commer- cial or industrial waste generators can bring their materials. It includes small-scale facilities or temporary sites used for fund raising by charitable organizations and also large-scale industrial scrap dealers or other types of redemption operations that pay for materials. This self-haul concept relies upon the waste generator to deliver items to be donated or sold and therefore is much less convenient than on-route collection resulting in lower recovery rates. Nonetheless, these facilities play an important role in providing com- plete recycling services in the region and should not be overlooked. For instance, drop-off sites can more easily collect a much larger variety of mate- rials than can on-route collection programs. Drop-off sites are currently used extensively for some of the more specialized items such as waste oil, solvents, mixed paper, clothing, and some of the large bulky appliances and furniture. A region-wide effort to increase the use of drop-off sites should result in a recovery rate of 10 percent of identified recyclable materials (Table 4-5) by the end of 1987 which would reduce the total waste stream by one percent, or 23,000 tons. Two yaors after If mandatory ordinances become effective, this recovery rate should jump to 1S —percent which would impact the total waste stream by two percent (38,000 tons). 45 Table 4-6 ROLES AND RESPONSIBILITIES FOR IMPLEMENTING A REGIONAL SOURCE SEPARATION PROGRAM Cities or Townships Schools Roles and Responsibilities leaves) whenever poscible. Compost on site (backyard). - Separate remaining compostable yard wastes. - Clean and separate recyclables. - Be responsive to communications necessary for proper compliance. - Collect source separated yard wastes and recyclables either directly or through private companies. - Adopt mandatory source separation ordinances 2t lcast as strict ac the saurtye if voluntary efforts fail to achieve adequate participation. - Assist counties with siting and/or development of processing facilities for source separated materials. - Assist with local publicity tools (for example, flyers, neighborhood meetings, newsletters). Develop in-house paper recovery programs. Assist with the development and implementation of curriculum packets. Primary Implementor Waste Generators Counties - Plan, site, develop, and, if necessary, capitalize intermediate processing facilities for source sepa- rated materials. - Investigate cooperative marketing with other counties. - Adopt county-wide collection ordinances by July I, 1988, including requirements for 1) provision of adequately convenient separate collection services and 2) municipal mandatory source separation ordinances If voluntary programs fail to achieve sufficient participation. - Implement county-wide publicity tools (for example, daily newspapers). - Provide technical and financial assistance to munici- palities and private service providers. Metropolitan Council - Monitor progress toward regional goals and objectives; clarify as necessary. - Facilitate centralized coordination of regional commu- nications. - Provide technical and financial assistance to coun- ties, municipalities, and private service providers. - Research and develop markets and processing techniques. Private Service - Collect, process and market source separated materials Providers in cooperation with government efforts. - Publicize services in coordination with regional commu- nications program. 46 On-Route Collection The voluntary program should be able to attain 40 percent par t i c i p a t i o n b y 1988, resulting in a waste stream impact of six percent (116,0 0 0 t o n s ) . T h e mandatory incentive should could increase this rate to 70 perce n t p a r t i c p a t i o n and 11 percent total waste stream impact by 1990 (221,000 tons). Proposed Roles and Responsibilities Maximum effectiveness of source separation requires efforts by s e v e r a l l e v e l s of government, the waste generator and private businesses (Tabl e 4 - 6 ) . . 1 .44a- texpiremant_thajcta _genz va-ste-should-ba--e4.tab-1-4kvexl-as-4:41e.--mklasurki-of--m shou.lrl_bz_mancia.tect-b-y--citizs-and--tawaslaip information zed zollec-tion-car-u-ix.-6- is 4V4-aa044 Mandatory source separation ordinances should be adopted by counties, cities or townships by Jul y 1 , rgga, if voluntaryproarams have not achieved sufficient participation. The service-providing role defined for the cities and township s i s f l e x i b l e . Contracting with private collection companies is encouraged. C o l l e c t i o n r e s p o n - sibilities could also be assumed by the counties. that Counties may adopt collection ordinances-19844-for mandatory s o u r c e separation requiring participation of their residents. Munici p a l i t i e s m u s t adopt their county's mandatory source separation collection or d i n a n c e b y reference or more stringent ordinances. These ordinances shou l d b e a d o p t e d b y July 1, 1988, if voluntary efforts fail to achieve adeouate p a r t i c i p a t i o n b y J an. 1, 1988. The cities and townships should also help the coun t i e s w i t h development of intermediate processing facilities by at least a s s i s t i n g w i t h analysis of-site alternatives. The larger, more central citie s c o u l d e v e n t a k e over the role of project developer if coordinated with the re s p e c t i v e c o u n t y . If the private sector or constituent municipalities do not pr o v i d e t h e s e s o u r c e separation services, the metropolitan counties must assure ade q u a t e development. One of the most important roles of the counties is to assure o r d e r l y a n d c o o r - dinated development of multi-material, intermediate processin g o r t r a n s f e r facilities for identified recyclables. Centralized sites with a d e q u a t e e q u i p - ment may be necessary for the regional source separation object i v e s t o b e attained. These facilities could be planned in conjunction w i t h t h e m i x e d waste processing facilities, perhaps even at the same sites. F u r t h e r m o r e , intercounty coordination may enhance the economic feasibility o f t h e s e r e c y c l - ables processing plants and promote cooperative marketing of th e m a t e r i a l s . The role of the Metropolitan Council shall be overall coordinat i o n , i n c l u d i n g 1) clarification and monitoring regional goals and objectives, 2 ) t e c h n i c a l assistance to help establish programs, 3) financial assistance, a n d 4 ) r e s e a r c h and development, especially in terms of markets and long-term f i n a n c i n g m e c h a - nisms. The role defined for private companies is to provide ad e q u a t e c o l l e c - tion, processing and publicity services in cooperation with th e c o u n t i e s a n d municipalities that develop the various contracts. 47 Factors Influencing Participation Mandatory Source-Separation Ordinances Mandatory separation ordinances should not specify where the material must go. They should simply state that the identified material shall not be placed with the mixed municipal solid waste. Waste reduction (that is, mulching and back- yard composting) should be emphasized within the ordinances to reduce the volume of yard wastes requiring separate collection. The generators right to decide what they wish to do with the material once separated should be pre- served. For example, if some residents have decided to collect grass clippings tather than mulch, they could bring that material to a neighborhood composting bin rather than set it out for separate collection. Similarly, residents would be al1c d and encouraged to sell their aluminum cans at a redemption center or donate i. air newspapers to a charity group rather than set them out for sepa- rate, on-route collection. The choice remains with the waste generator. rcement actions, such as fines, may be an option made a 4 OC • ance. The municipality may ' ' cl e not to enforce in this manner. However, m at-or/_upgr-a ould provide adequate publicity about the ordinance andLltle-im -entiral -Tegai-sonse uences for non-compliance. Also, noticLs.--eeed-5e left on garbage cans or at t residents deter- ..mid-CFbe violating the ordinance. Mandatory: Enforcement There is a range of options available to local governments in order to imple- ment mandatory source separation ordinances. One option is to pass a mandatory ordinance but not plan to enforce it or enforce it only if there is a complaint received simiTiFto some nuisance ordinances. However since the intent of the mandatory ordinance is to increase participation, it may be necessary to use some form of enforcement to influence the se ment of the pooulation unaffected ETa well designed and financed promotional campaign. The least restrictive enforcement method is to simply send a notice to noncomplying residents inform- ing them of the ordinance, its provisions and encouraging their participation. More restrictive measures inCTude: tagging the offendor'F -fi-ash can with a vio- IiTion notice and warning; fining the violator; not collecting the mixed waste containing recyclables specified for source separation; or the most restrictive method, requiring community service time of the violator. Each of these enforcement options has advantages and disadvantages and all assume the cooper- ation of the refuse collection company to monitor compliance. Each of the methods, except tFpflast, have been used by_other communities around the country. The Council should facilitate a research and development effort to provide for efficient transfer of these experiences and information, especially as they pertain to costs of enforcement. The implementation program for any mandatory ordinance will depend on the specific circumstances of each community. Convenience and Reliable Service Four factors can determine the level of convenience to the waste generator for separate collection of recyclables and yard waste: 1) frequency and time of pickup, 2) degree of preparation that the material requires, 3) provision of household containers, and 4) degree of reliability for pickup. 48 Once-a-month frequency of collection for recyclables is the minimum that must be provided to achieve minimally adequate participation rates. Preference should be given to programs that can provide more frequent service. For Instance, twice-a-month service can be optimal for separate collection of recy- clables, depending on the specifics of the community and its program design. However, because of cost implications, once-a-month shall be the region-wide standard for those identified urban and suburb-an portions of the Metropolitan Area. Frequency for yard waste collection should be once a week during the growing- season months, especially spring and early summer. This material should not be allowed to sit unattended for any longer because of potential odor problems from grass clippings, which are defined as part of compostable yard waste. Drop-off sites may be provided as an alternative to on-route collection of yard wastes. However, these sites must be located conveniently enough to achieve comparable participation rates. Roll-off boxes used to collect yard waste and then haul it to centralized composting facilities could be provided as an alter- native to permanently established bins or sites. Neighborhood composting bins, possibly in conjunction with neighborhood gardens, could also be an acceptable alternative. The amount of material preparation required of the generator depends on market specifications and what the intermediate processing is designed to do. The region currently has only minimal mechanized processing capacity for recycl- ables and yard wastes, and therefore the waste generator must prepare materials to a high degree (for example, removing metal and plastic contaminants from glass containers). The counties should place a priority on establishing inter- mediate processing centers for recyclables and yard waste materials so that the level of convenience to their residents can be improved. Intermediate process- ing centers should be established on a multicounty basis to optimize haul dis- tances, efficiencies of scale and cooperative marketing potentials. These intermediate processing facilities should be operating by 1988 4.41--c.ar-r-ecaa41-446 the 7aneatar .7 cc -Jrc-: -10 ,-e.”ant In the meantime, residents must continue to separate and clean their materials as needed to provide adequate quality of supply. Providing household containers for recyclables adds to the convenience and personal satisfaction for residents. It can also serve as a publicity tool to remind neighbors to set out their materials. Counties and municipalities should give consideration to providing household containers. Continuous Publicity Participation cannot be developed, increased or maintained unless a permanent and well-designed publicity campaign is established for each program. This essential factor cannot be replaced by other means to achieve high participa- tion. Content, format and method of delivery are not as important as the con- tinuous nature of information about the particular program. For instance, it is desirable to deliver or mail a program notice once every six months, and preferably more often, for a year-round source separation program for recyclables. 49 Financial Incentives Financial incentives include 1) rebates to participants, 2) penalties for non- compliance, 3) charges per bag or per can of mixed solid waste charges, 4) extra charges for prohibited yard waste materials or recyclables, and 5) deposits on beer and soft drink containers. These options can be developed in various combinations but cannot replace continuous publicity or convenient and reliable service. The Council and the counties should el -lc:age in a research and development proaram to more ru-Tlv explore these types or financial incentives. Mandatory container deposit legislation could result in very high recovery rates for the designated items. Deposits of this type would likely impact the total waste stream by a minimum of three percent by weight. The increased volume of material available for recycling can stimulate market development and expanded or new processing capacity. The Council P^A -efropa'itaa counties irlmao44-recommends that the Minnesota Legislature enact a state-wide container deposit program. Institutional Constraints and Other Issues The savings of source separation due to avoided haul costs and landfill tipping charges are most often not realized directly by the recovery program or the residents. The savings are realized by the mixed-waste haulers not involved with the source separation program who charge on a per stop basis. A source separation program will reduce the amount of mixed waste to pick up but not eliminate the need for pickup sou -;e 7 for such waste. Therefore, mixed waste haulers would receive the same amount of revenue but have less waste to pick up, haul and unload at the landfill. Two institutional barriers that can easily be identified include 1) the lack of organized collection and 2) the lack of separate accounting for disposal savings. Most haulers are reluctant to get involved with source separation because it is not financially attractive enough. Economics are poor if the source separation program is aimed at potential participants among the haulers customers who are spread out within a large area. Publicity effectiveness is diluted and collec- tion efficiencies are lowered. Haulers cannot be expected to serve an entire area for recyclables or yard waste collection if they do not serve the same area for mixed waste collection because it would directly benefit their competi- tion at their own expense. This situation exists because "open hauling" pre- vails in about 80 percent of the region. Under open hauling arrangements, the individual homeowner contracts for mixed municipal solid waste collection. One alternative is to change to organized collection of mixed waste. The Metropolitan Council is required by state law to study the feasibility of and implementation mechanisms for organized collection. One of the key aspects of the Council's study will be research on the following issues: 1. Can municipalities organize solid waste collection services? If not, what type of legislation is needed? 2. Can counties organize solid waste collection services directly or through their municipalities? If not, what type of legislation is needed? 3. Can municipalities or counties guarantee haulers that they will be able to maintain their existing number of accounts if collection is organized? 50 County Anoka Carver Dakota Hennepin Ramsey Scott Washington Total (tonnages in 1,000s) Metropolitan Area (Per nt of Re To 18 19 48 1 1995 80 82 80 80 77 83 79 8,669 1996- 2000 80 82 80 80 77 83 79 9,089 2 4 80 There are three major cost sectors within the business of mixed waste removal: collection involving the actual pickup, transfer or hauling to a landfill, and landfilling. If the hauling company or the governmental unit that manages the operations does not provide for separate accounting of these three cost sec- tors, than it is difficult if not impossible to credit the savings of avoided costs to source separation. CENTRALIZED PROCESSING Recovery Levels and Taroet Dates A regional system of processing facilities will take four to five years to establish. The Council estimates that 80 percent of the region's waste can be managed by centralized processing facilities by 1990. Table 4-7 indicates the recovery levels expected for each county and the dates by which these levels can be achieved. In many instances ranges are given because it is difficult to predict when a processing facility will begin operation and attain its designated capacity. Table 4-7 PERCENT RECOVERY BY COUNTY BY YEAR FOR CENTRALIZED PROCESSING FACILITIES Processing facilities will be down during maintehance periods or in emergen- cies. However, most of the waste should still be processed rather than diverted directly to landfills. Arrangements must be made among processing plants to assure the continued processing of municipal solid waste. Co-compost- ing facilities should be able to accommodate additional quantities of waste in emergency situations. There are three major cost sectors within the business of mixed waste removal: 'collection involving the actual pickup, transfer or hauling to a landfill, and landfilling. If the hauling company or the governmental unit that manages the operations does not provide for separate accounting of these three cost sec- tors, than it is difficult if not impossible to credit the savings of avoided costs to source separation. CENTRALIZED PROCESSING Recovery Levels and Taraet Dates A regional system of processing facilities will take four to five years to establish. The Council estimates that 80 percent of the region's waste can be managed by centralized processing facilities by 1990. Table 4-7 indicates the recovery levels expected for each county and the dates by which these levels can be achieved. In many instances ranges are given because it is difficult . to predict when a processing facility will begin operation and attain its designated capacity. Table 4-7 PERCENT RECOVERY BY COUNTY BY YEAR FOR CENTRALIZED PROCESSING FACILITIES 1991 1996- 1985 1986 1987 1988 1989 1990 1995 2000 Anoka 2 2 2 4-37 19-77 80 80 80 Carver 0 0 0 0 0-32 82 82 82 Dakota 2 2 2 4-30 14-70 80 80 80 Hennepin 2 2 2 2-11 11-65 80 80 80 Ramsey 1 1 1 5-62 67-77 77 77 77 Scott 18 18 18 18 18-27 83 83 83 Washington 19 19 19-25 25-59 67-71 79 79 79 Total (tonnages 48 48 81 608 1,445 1,681 8,669 9,089 in 1,000s) Metropolitan Area 2 2 4 29 69 80 80 80 (Percent of regional total) Processing facilities will be down during maintenance periods or in emergen- cies. However, most of the waste should still be processed rather than diverted directly to landfills. Arrangements must be made among processing plants to assure the continued processing of municipal solid waste. Co-Compost- ing facilities should be able to accommodate additional quantities of waste in emergencY situations. County 51 Transfer/Processing Transfer/processing facilities play a key role in collection of the waste from a service area and transporting it to other processing facilities. Transfer stations and their service areas would supply centralized processing, combus- tion and composting facilities. Transfer stations are likely to be distributed throughout the region, located in both the central cities and rural freestand- ing growth centers. Transfer stations in outlying areas would especially be important to reduce the cost of hauling mixed wastes to the more centrally located processing facilities. Transfer stations in these areas should be closely, if not physically, linked with recycling drop-off centers, to increase efficiencies of service. Transfer facilities can also be linked with recyclable processing facilities or in conjunction with mixed-waste processing. This means that a transfer facil- ity could accept mixed wastes and process it into fuel for transport to a com- bustion or composting facility. It could also receive and process recyclables for distribution to their respective markets. These types of facilities will probably service a larger area and operate for a longer period of time during the day to capitalize on the investment in equipment. These facilities will likely be located within the urban service area. Development of abatement programs and activities will stimulate the need for more efficient transfer and processing of mixed municipal wastes and recycl- ables. Existing transfer facilities could be incorporated into the proposed processing system. Some improvements to the existing transfer stations may be necessary to meet the needs of the developing system. Transfer facilities must be compatible with the development of the other pro- cessing facilities. These facilities must be in operation by 1990. Waste Combustion The maximum recovery possible from waste combustion is between 54 and 71 per- cent of the total waste stream, depending on the technology used. Table 4-8 identifies the percentage of mixed waste that can be managed by combustion facilities. This table should be used by the counties as a auide for determin- ing the amount of waste to be manaoed by combustion. Consideration should be given to implementing facilities that will burn a refuse-derived fuel in exist- ing facilities. Solid waste composting facilities are an important adjunct to ROE facilities. These facilities may offer additional recovery beyond the mass- burn technology by composting the heavy organic fraction of the residuals. In addition, there are substantial cost savings if existing boilers are modified to burn ROE rather than constructing new boilers. Energy recovery facilities that burn ROE may process mixed waste on-site or elect to only receive OF from the regional transfer stations facilities. Flexibility is an important consideration in the development of energy recovery facilities. Combustion facilities that can generate both steam and electricity are preferred over those that will generate only steam or electricity. In addi- tion, preferences should be given to those facilities that can absorb addi- tional volumes of fuel by operating around the clock and whose market for elec- tricity or steam is large and varied. These elements reduce the public risk. 52 68 68 68 70 70 70 68 68 68 68 68 68 65 65 65 71 71 71 67 67 67 1991- 1996- 1988 1989 1990 1995 2000 County Anoka Carver Dakota Hennepin Ramsey Scott Washington Total (Tonnages in 1000's) -N.1216 1987 0 0 0 0 0 2 2 2- 1 1 5-50 18 18 1 19-25 25-50 6 40 40 73 430 1,108 1985 0 0 0 PerceAt'of 2 4 21 54 7,368 7,725 68 68 68 Table 4-8 PERCENTAGE OF MIXED WASTE PROCESSED BY COMBUSTION FACILIT BY COUNTY BY YEAR Solid'Waste Composting Solid waste composting facilities will play an important role in managing the region's mixed municipal solid waste. Products and markets must be developed prior to implementing large-scale co-compost facilities. At a minimum the counties should implement a three-year, composting demonstration project. T h e purpose of the demonstration project is to determine the process requirement s and costs necessary to produce a marketable compost product. The project should evaluate the use of sewage sludge and septage as a feedstock materia l t o compost mixed municipal solid waste. The counties will need to coordinate their efforts with the Metropolitan Waste Control Commission and/or septage haulers to obtain adequate quantities of sewage sludge or septage for the project if these are the selected sources of feedstock. The counties should consider developing at least two demonstration faciliti e s to provide additional flexibility and variety in experimentation. The faci l i - ties may employ a variety of methods to compost the sludge or septage and s o l i d waste. The facility design should be able to accommodate changing demonstr a - tion needs or product marketing requirements. Completely enclosed mechanic a l composting facilities including in-vessel reactors should be considered at t h i s time. These larger, more capital intensive facilitites require more secure market commitments. The facility should produce a variety of final rroducts for evaluation and m a r - ket development. Potential users of the end product should be involved in ev a l - uating the final products produced by the facility. These users should compa r e the performance of the co-compost with other soil amendments or additives nor- mally used. Public agencies or private organizations should use the co-compo s t product on a trial basis. The demonstration project should begin in 1985. T h e existing composting facilities must be expanded in 1988, 1989 and 1990 to accommodate the flow of organic residuals from processing facilities that wil l come on-line later in the decade. A schedule for implementing the co-compost - ing facilities is shown in Table 4-9. Table 4-8 PERCENTAGE OF MIXED WASTE PROCESSED BY COMBUSTION FACILITIES BY COUNTY BY YEAR 1991- 1996- County 1985 1§86 1987 1988 1989 1990 1995 2000 Anoka 0 0 0 0-15 15-50 56 56 56 Carver 0 0 0 0 0-25 58 58 58 Dakota 0 0 0 0-10 10-50 56 56 56 Hennepin 2 2 2 2-10 10-50 56 56 56 Ramsey 1 1 1-5 5-50 55 55 55 55 Scott 18 18 18 18 18 72 . 72 72 Washington 19 19 19-25 25-50 60 68 68 68 Total (ton- 40 40 73 444 1,091 1,191 6,068 6,362 nages in 1000s) Percent of region 2 2 4 21 52 57 57 57 Solid Waste Composting Solid waste composting facilities will play an important role in managing the region's mixed municipal solid waste. Products and markets must be developed prior to implementing large-scale co-compost facilities. At a minimum the counties should implement a three-year, composting demonstration project. The purpose of the demonstration project is to determine the process requirements and costs necessary to produce a marketable compost product. The project should evaluate the use of sewage sludge and septage as a feedstock material to compost mixed municipal solid waste. The counties will need to coordinate their efforts with the Metropolitan Waste Control Commission and/or septage haulers to obtain adequate quantities of sewage sludge or septage for the project if these are the selected sources of feedstock. The counties should consider developing at least two demonstration facilities to provide additional flexibility and variety in experimentation. The facili- ties may employ a variety of methods to compost the sludge or septage and solid waste. The facility design should be able to accommodate changing demonstra- tion needs or product marketing requirements. Completely enclosed mechanical composting facilities including in-vessel reactors should be considered at this time. These larger, more capital intensive facilitites require more secure market commitments. The facility should produce a variety of final products for evaluation and mar- ket development. Potential users of the end product should be involved in eval- uating the final products produced by the facility. These users should compare the performance of the co-compost with other soil amendments or additives nor- mally used. Public agencies or private organizations should use the co-compost product on a trial basis. The demonstration project should begin in 1985. The existing composting facilities must be expanded in 1988, 1989 and 1990 to accommodate the flow of organic residuals from processing facilities that will come on-line later in the decade. A schedule -f.erent-i-ftg—t-iie that guides implementation of co-composting facilities is shown in Table 4-9. 53 County Anoka Carver Dakota Hennepin Ramsey Scott Washington 12 12 12 12 12 12 12 12 12 12 12 12 12 12 2 4 -7 0 0 0-4 4-7 0 0-1 1-7 7-12 0-4 o 2 0 1-7 19 Table 4-9 PERCENTAGE OF MIXED WASTE PROCESSED BY CO-COMPOSTING FACILITI BY COUNTY BY YEAR Proposed Roles and Responsibilities Centralized Management and Coordination Centralized management and coordination refers to the need to manage wastes from its generation to final disposal. Centralized management and coordination are necessary to construct and operate a new waste management system for the region. The new system will use a broad spectrum of facilities that includes transfer stations, facilities that are capable of processing mixed wastes into RDF and/or recyclables for market, and waste combustion and co-composting facilities. These facilities operate together and are dependent upon each other. Transfer stations supply processing facilities with mixed wastes. Processing facilities supply combustion and co-composting facilities with processed waste. Changes in the capability or operation of one facility could affect the operation of other facilities. Therefore, it is important to establish a management system to coordinate the operations of the facilities within the system. Centralized management and coordination would ensure the facilites are operating efficiently. A centralized management system could also ensure flexibility in the use of facilities. For example, the operation of one facility could be expanded to manage wastes coming from another facility tfiat is down for maintenance or repairs. Thus, waste services are still made available to the hauler and waste generator with a minimum of inconvenience. Waste service areas for all types of processing facilities will likely cross county boundaries. Therefore, it is important for counties to work together in developing processing facilities. There are several methods available to the counties in working together to implement processing facilities. One option is for those counties to establish a joint-powers agreement. The other option Table 4-9 PERCENTAGE OF MIXED WASTE PROCESSED BY CO-COMPOSTING FACILITIES BY COUNTY BY YEAR County Anoka Carver Dakota Hennepin Ramsey Scott Washington 1991- 1996- 1985 1986 1987 1988 ' 1989 1990 1995 2000 • 2 2 2 4-22 4-22 24 24 24 0 0 0 0 0-7 24 24 24 2 2 2 4-20 4-20 24 24 2 4 0 0 0 0-1 1-15 24 24 24 0 0 0 1-12 12-22 22 22 22 0 0 0 0 0-2 11 11 11 0 0 0 1-9 7-11 11 11 11 Total (ton- 7 7 7 164 355 490 2,601 2,727 nages in 1000s) Percent of region 0.4 0.4 0.4 8 17 23 23 23 Proposed Roles and Responsibilities Centralized Management and Coordination Centralized management and coordination refers to the need to manage wastes from its generation to final disposal. Centralized management and coordination are necessary to construct and operate a new waste management system for the region. The new system will use a broad spectrum of facilities that includes transfer stations, facilities that are capable of processing mixed wastes into RDF and/or recyclables for market, and waste combustion and co-composting facilities. These facilities operate together and are dependent upon each other. Transfer stations supply processing facilities with mixed wastes. Processing facilities supply combustion and co-composting facilities with processed waste. Changes in the capability or operation of one facility could affect the operation of other facilities. Therefore, it is important to establish a management system to coordinate the operations of the facilities within the system. Centralized management and coordination would ensure the facilites are operating efficiently. A centralized management system could also ensure flexibility in the use of facilities. For example, the operation of one facility could be expanded to manage wastes coming from another facility that is down for maintenance or repairs. Thus, waste services are still made available to the hauler and waste generator with a minimum of inconvenience. Waste service areas for all types of processing facilities will likely cross county boundaries. Therefore, it is important for counties to work together in developing processing facilities. There are several methods available to the counties in working together to implement processing facilities. One option is for those counties to establish a joint-powers agreement. The other option 54 available to the counties immediately or in the near future is to establish solid waste management districts. Districts have the same duties and authori- ties as counties that are needed to implement processing facilities. Districts are more likely to be established once the basic waste management services and facilities are implemented. A third option is for counties to make contractural arrangements with each other. One county could contract for waste processing services with a facility owned by another county. A county could also contract directly with the owner of a waste facility. The other option is for counties to coordinate their pro- grams or facilities. The centralized processing facilities can be owned by the counties, other pub- lic entities or private companies. First preference is given to those facili- ties that are privately owned, operated and maintained. With guarantees by the county that mixed waste will be delivered to the mixed waste processing facility, it will be more likely that these facilities will obtain adequate long-term financing. There are several methods by which coun- ties could provide guarantees that waste will be delivered to processing facili- ties. These include contracts with haulers, municipalities or counties, or a waste designation plan and ordinance. These mechanisms have advantages and disadvantages and the mechanism used depends on the circumstances and condi- tions under which the guarantee is needed. Contracts with haulers have been used to supply waste to small processing facilities such as modular combustion units. However, this method has severe drawbacks for larger processing facilities where large amounts of waste are needed. Because haulers only awn or control the waste when the consumer pur- chases the waste haulers's service, there is nothing to prevent consumers from switching haulers at any time. Contracts with municipalities could offer additional certainty for the county if municipalities could contract with the county for waste processing services and with others for collection and transport of the waste to the transfer and/ or processing facilities. However, few municipalities in the Metropolitan Area have municipal or organized collection services. This matter will be explored in the organized collection study to be prepared by the Council in 1985. The use of economic incentives eliminates or reduces the disparity in tipping fees between the facility and the landfill. Another source of revenue is needed to keep the tipping fee at the facility low enough to ensure that the waste will be delivered to the facility. Determining how to subsidize the tipping fee and convincing the financial community that waste will be delivered to the facility are key disadvantages. Another method to provide waste to a facility is through designation. A desig- nation plan and ordinance established by the county provides a direct legal requirement that waste be delivered to a resource recovery facility. Designa- tion assures a waste supply to a facility and provides enough certainty to finance the facility. Designation plans and ordinances must be approved by the Council (see criteria for reviewing designation proposals in the appendix). 55 Subregional Service Areas Overview Counties should work together to capitalize on opportunities to develop waste processing facilities. County cooperation could achieve significant economies of scale and reduce duplicative facilities and services for natural service areas. County cooperation ensures more efficient facility sizes, locations and operation, and overall system flexibility. Combinations of counties that should work together are: I. Anoka and Hennepin; 2. Dakota and Hennepin; 3. Dakota, Ramsey and Washington; and 4. Carver and Scott. Anoka and Hennepin Counties There are several reasons why Anoka and Hennepin Counties should work together to establish processing facilities. The available landfill capacity in the northern region of the Metropolitan Area is in short supply. There is a need to expedite the development of processing facilities to handle the waste gener- ated in this area. A significant portion of the waste generated in Anoka County is immediately east of the Mississippi River, which separates the coun- ties and is close to the potential sites being explored by Hennepin County for processing facilities. In addition, Anoka County itself may not generate enough waste to capitalize on the economy of scale a large processing facility affords. The counties should consider establishing a transfer station with recyclables and mixed waste processing to service the northwestern region of the Metropol- itan Area. The counties may consider implementing a waste combustion facility for RDF in conjunction with Northern States Power Company (NSP) and United Power Association at its facility in Elk River. Dakota and Hennepin Counties Dakota County should cooperate with Hennepin County to establish waste process- ing facilities. Dakota County may not generate enough waste alone to support a large processing facility. A significant portion of the waste generated in Dakota County is located in the northwestern reaches of the county, specifi- cally Eagan, Apple Valley, Burnsville and Lakeville. Both Dakota and Hennepin County areas that generate waste are closely linked by major transportation routes and are serviced by two existing landfills. Dakota County should work with Hennepin County to establish waste processing facilities to service this area. A potential market for incineration of ROE is NSP's Black Dog electrical generating facility. The area also contains poten- tial sites for locating other waste facilities such as transfer stations, recyclable processing and co-composting facilities. There are significant opportunities to explore the potential of a co-compost facility in this area because two Metropolitan Waste Control Commission (MWCC) sewaage treatment plants are located nearby. Both the MWCC and University of Minnesota have large landholdings in the county that could be used for a co-compost demonstra- tion project. The University of Minnesota has the expertise to evaluate com- post as a soil amendment and its environmental impacts. 56 • Dakota, Ramsey and Washington Counties Ramsey and Washington Counties have a joint-powers agreement to implement waste processing facility to service both counties. The proposed locations of these facilities are such that, they could easily service the waste generating area of northeastern Dakota County. A significant portion of the waste generated in the northern and eastern portions of Dakota County is within minutes of pro- posed locations for a wate processing facility to serve Ramsey and Washington Counties. Furthermore, there are indications from Ramsey and Washington Coun- ties that the proposed processing facility will be oversized or be amenable to modification for processing additional wastes. In addition, these counties should capitalize on the opportunity to experiment with co-compost because of the close proximity to MWCC wastewater treatment plants. Carver and Scott Counties 'Carver and Scott Counties should cooperate together because most of the waste generated within the two counties is serviced by one landfill. The major areas generating waste, Shakopee, Chaska and Chanhassen, for both counties are located within relatively close to each other and are connected by major highways. In addition, neither county by itself generates sufficient quantities of wastes to implement but the smallest of modular combustion units. Cooperation in implementing a joint waste management system could reduce overall transportation and processing costs. Carver and Scott counties should consider establishing waste processing facili- ties to serve the counties. It is important for each county to establish con- venient locations for transfer of mixed waste and recyclables from drop-off locations to processing facilities. The counties should evaluate potential energy markets in the Shakopee and Chaska and Chanhassen area. The counties should also evaluate the potential for composting their waste with sludge pro- duced at the Blue Lake Treatment Plant. Sludge processing equipment has not yet been installed at the plant, which means equipment modifications could be made to accommodate composting activities. A potential market for incineration of RDF is NSP's Black Dog electrical genera- ting facility or its facility in Mankato. Other potential energy or RDF mar- kets may exist in the industrial areas near Shakopee, Chnhassen and Chaska. Barriers to Implementation There are potential barriers that may have to be overcome to implement central- ized processing in the Metropolitan Area. These barriers include siting, empha- sis on private sector involvement and markets. Probably the most significant barrier is siting. The location of sites for waste processing facilities and transfer stations is difficult. Like landfills, people who live near proposed facilites object to the facility being located in their neighborhood. Public health and property value impacts are often cited as major concerns. The legislative emphasis on private sector involvement has slowed the process down. The private sector will not make investments in resource recovery with- out certainty that the waste will not continue to go to land disposal facili- ties. A resource recovery system cannot compete on price with the existing low- cost system emphasizing landfills. 57 Solid waste as a fuel must compete with other sources of energy such as coal, natural gas and oil. Low fuel prices discourages the use of solid waste as a fuel. The effort needed to produce OF and the inherent difficulty in assuring a known waste supply, has also discouraged the use of RDF. Similarly, compost has not been available for use and testing by potential users. The low cost of peat, nitrogen fertilizer and other soil amendments have hindered the develop- ment and use of composted solid wastes. MARKET DEVELOPMENT Overview Market development is any activity undertaken by business or government that will directly or indirectly result in expanded or new consumption by end users of materials and energy derived from solid waste. Market development should be comprised of many strategies aimed at increasing both supply and demand of mate- rials and energy. It is very important that equal consideration is given to the need for expansion and development of materials and energy markets along with the collection and processing of solid waste. There are a wide variety of existing market development efforts around the country and in Minnesota. In addition, the recent amendments to the Minnesota Waste Management Act authorize several market development incentives and research activities. The amendments provide two tax incentives 1) an invest-. ment credit of 10 percent of the cost of equipment used for solid or hazardous waste processing at a resource recovery facility, and 2) an exemption from sales tax on the same type of equipment. It will be very important to publi- cize the investment opportunities made available by the tax credit and to monitor the extent of its application. The Council has initiated preliminary research on the constraints and opportu- nities for market development in the region. Energy market conditions are con- strained by certain technical, economic and institutional barriers. The relatively low cost of competing conventional fuel supplies, especially coal, is one of the more important economic constraints. There are a variety of other complex factors which inhibit demand for secondary materials including constraints on end users and suppliers. Each specific industry must be examined as an individual case to adequately understand the problems and opportunities for growth. Indications are that specific materials markets should receive emphasis on the development of demand (plastics, magazines, rubber, and compost) and other materials markets should receive emphasis on collection and processing (glass, old corrugated contain- ers, high grade papers). Other materials are more borderline suggesting a need for both development of supply and demand (newspaper, mixed waste paper, fer- rous, aluminum, other non-ferrous). Certain specialized materials have a more uncertain status including: housewares, demolition debris, tree and brush wastes, waste oil, and batteries. Proposed 'Roles and Responsibilities Table 4-10 displays some of the proposed roles and responsibilities for the various government agencies, levels of government and solid waste markets. The Council should provide overall coordination to assure that a market develop- ment Program is fully in_place by 19867—The Council can bring together pertinent governmental units and private sector representatives to set up a 58 Table 4-10 ROLES AND RESPONSIBILITIES FOR IMPLEMENTING A REGIONAL MARKET DEVELOPMENT PROGRAM Primary Implementor Metropolitan Council Roles and Responsibilities - Coordinate initiation of a regional market development program with other affected agencies. - Publish a newsletter on solid waste communications. - Facilitate centralized coordination of regional communications. - Continue to publish Recycle It! directory. - Publish directory of secondary materials markets. - Study the need for and feasibility of an information reporting system to collect data on supply and demand estimates. - Investigate other states' market development programs. - Examine the need to remove 10 percent cap on market development allocations from grant/loan program. - Continue and expand purchase of recycled products (especially paper). - Assist University of Minnesota with compost research program. Minnesota Department - Assist Council with initiation of a regional market of Energy and development program. Economic Development - Maintain permanent state-wide market development (DEED) program. C.cmm:tctnt to coorination o state activ:tcs can Cities or Townships Secondary Material or Energy Markets Assist with the development and implementatfon of the market development program. - Continue and expand purchase of recycled products (especially paper, recapped tires, compost, concrete, wood products). - Develop demonstration program for co-composting process technology. - Assist University of Minnesota with compost research program. - Develop technical assistance programs to promote small energy recovery projects for in-house utilization. - Continue and expand purchase of recycled products (especially paper, recapped tires, compose, concrete, wood products). - Cooperate and assist with Council and DEED initiation of regional and state-wide market development programs - Develop independent recommendations for legislation and other government action. Minnesota Pollution Control AoencTP"1PCA) and Deoartment of Administration Counties 59 program do basic research and identify_ppportunities and needs, and monitor .market development oroaress in the reaion. The market development activities proposed for the Council, in some cases, are the same activities proposed for the Council in the regional solid waste communications program. The Minnesota Department of Energy and Economic Development (DEED) should take on a the leadership role for market development among the state agencies. DEED, because of its economic development assistance role in other areas, seems appropriateTTsuited to tne responsibility. The agency, working_ clEsely with local units of aovernment, should directly assist in the location of new markets and the expansion of existina ones. Other State agencies that are or should be involved with solid waste market development are: Minnesota Pollution Control Agency (MPCA) Minnesota Waste Management Board (WMB) Department of Natural Resources (DNR) Department of Administration Department of Transportation (Mn/DOT) All levels of government and involved agencies should adopt a procurement policy that favors purchase of recycled products where possible. One of the metropolitan counties should take the lead on a co-composting demonstration to provide the University of Minnesota with enough product to test. This demon- stration should c7,..f.e be a temporary commitment. The cooperation and involve- ment of industries that are or could be secondary materials and energy markets is essential to the program's success. COMMUNICATION OF SOLID WASTE INFORMATION Overview There are three basic sectors involved in the solid waste management system: 1) the individual generators (residences and businesses), 2) the solid waste service providers (waste/recyclables collection and processing firms -and agen- cies), and 3) planning and regulatory governmental agencies and units. Each of the sectors must be informed and coordinated if the Council's goals and poli- cies outlined in this plan are to be realized. Therefore, a cohesive, regional communications network must be established. Many ongoing communications efforts currently exist in the region (for example, haulers billing notices, county and city recycling program publicity, plan and project media coverage). These are most often operated independently without regard to overlap of audience, duplication of effort, or efficiency with respect to the other communications programs. Proposed Roles and Responsibilities The govcrn77.2rt s7:tor Metropolitan Council must take a the leadership role in establishina a reaionwide communications prooram to provide the tools and opportunities for effective and efficient communications. A number of other governmental units, particularly the metropolitan counties, must also assume malorroles, Neither private industry nor the individual generators can —Si expected to consider enough of the entire solid waste management system to coordinate a regional communications system effectively. However, all sectors should contribute to be involved in planning, coordinating and implementing the regional communications program, especially those providers that have existing public awareness campaigns (see Table 4-11). 60 Table 4-11 ROLES AND RESPONSIBILITIES FOR IMPLEMENTING A REGIONAL COMMUNICATIONS PROGRAM Counties Cities or Townships Schools Roles and Responsibilities - Facilitate centralized coordination of regional communications. - Publish newsletter on solid waste. - Continue to publish Recycle It! directory of regional recycling services. - Continue development of computer-phone network for access to Recycle It! listings. - Publish technical assistance literature for use by counties and municipalities. - Provide person-to-person technical assistance for counties and municipalities. - Implement region-wide publicity strategies including broadcast or electronic media. - Plan and supervise publicity campaigns for county-wide reduction and recovery programs. - Implement certain county-wide publicity tools (for example, daily newspapers). - Assist with regional coordination. - Provide technical assistance to municipalities. - Implement certain local publicity tools identified by county (for example, flyers, neighborhood meetings, newsletters, municipal utility bills). - Assist with regional coordination. - Assist with development and implementation of solid waste curriculum. Primary Implementor Metropolitan Council Private Service - Implement publicity for individual programs. Providers - Advise county about specific needs for assistance - Assist with regional coordination. Environmental and - Assist with the development and implementation of the Other Citizen Groups public education program. Minnesota Pollution - Implement state-wide publicity strategies. Control Agency - Facilitate state-wide coordination. - Provide technical assistance. 61 Metropolitan Council should build upon its already existing community involve- ment framework (sometimes called "citizen participation program") to increase the quality and cost-effectiveness of input to solid waste planning processes throughout the region. Specific standards should be established for public input for the development of the counties' solid waste master plans and resource recovery projects. The Council should form a technical advisory dommittee.for regional public edu- cation and awareness to coordinate44-solid waste awareness and publicity efforts in the Metropolitan Area. This committee could be formed on a volun- tary basis and serve in an limited advisory capacity to the Council and coun- ties. Members of this committee should include key staff representatives of the following agencies and groups: Metropolitan Council, Metropolitan Inter- County Association (MICA), each of the seven counties, MPCA, Minnesota Waste Management Board, Department of Energy and Economic Development, Minnesota Environmental Education Board (MEEB), Minnesota Waste Management Association, the Minnesota Chapter of the Governmental Refuse Collection and Dispposal Association (GRCDA), recyclers, Business and Industry Recycling Program (BIRP), and Minnesota Association of Commerce and Industry (MACI). This committee should be an active coordinating and implementing body charged with several tasks including: Develop nonbinding recommendations for a long-term, action-oriented public awareness and education implementation program for the region. This pro- gram should address in more detail 1) the roles of each of the key agen- cies and provider groups, 2) sources of funding, and 3) ongoing perform- ance monitoring of various publicity efforts. This program could then be adopted by each of the various key agencies and provider groups at their discretion: - Coordinate and promote cooperation between ongoing and future publicity programs to optimize cost-effectiveness of individual and collective efforts. - Advise the Council and counties on communications policies, priorities and implementation needs. The public education and awareness technical advisory committee should not attempt to implement communications activities directly but rather suggest appropriate assignments of actual tasks to appropriate agencies or provider groups. General categories of the public relations tools that should be con- sidered are image/identity issues, print media, broadcast media, special events, and networking. The preliminary work of the Council's Metropolitan Waste Management Advisory Committee's Subcommittee on Communications and Market Development could be used as an inigal guide for this committee. Each of the seven metropolitan counties should delegate a key representative to the regional communications advisory committee. This person should be a staff member familiar with ongoing and planned solid waste publicity efforts in his/her county. Eventually, it is expected that the counties will ultimately become responsible for these communication efforts. The counties should assume ultimate responsibility for implementing campaigns for specific waste reduction/recovery projects and programs. This role could include I) actual funding of publicity strategies, 2) contracting for services, 3) monitoring performance of municipal programs, or 4) staffing of certain pro- jects. The counties may not need to provide the service directly, but should 62 ensure the service or information is available. Vehicles most appropriate for county implementation may include daily newspapers. Individual county commis- sioners should provide the necessary leadership by offering to assist in the general public awareness campaign elements. Municipalities should be encouraged to get directly involved in the publicity campaigns of programs and projects providing service in their area. If a city or township is not actually providing the service, it should consider using its potential "cost recovery" funds from the Metropolitan Landfill Abatement Fund to assist with the publicity of services of other providers. Municipalities can also help greatly by identifying important community organizations that may wish to assist with the publicity of specific projects. Also, municipal utility bills (e.g., water, sewer) should be considered as appropriate vehicles for literature about solid waste programs and/or problems. The individual companies that provide solid waste and recyclables collection services are in the best position to know the needs of their specific program. Therefore, it should be the providers primary responsibility to publicize the specifics about their project especially as it aimed at encouraging resident participation in a specific manner. Governmental units and agencies that are not directly providing the service can assist with these efforts but should assume secondary responsibility. LAND DISPOSAL DEVELOPMENT PROGRAM INTRODUCTION The land disposal development program allocates the needed land disposal capa- city in the region between 1985 through the year 2000. The development program will be used to make decisions, through permits and certificates of need, where and when new land disposal capacity will developed. The program applies to both the final siting of new facilities and the expansion of existing land dis- posal facilities. The program contains a land disposal development schedule that allocates capacity on a county basis. The Council will review the land- fill development schedule every year and will revise the schedule based on the progress made towards attainment of the waste reduction/recovery objectives. Land disposal facilities will continue to play a significant albeit diminished role in the region as an operating component of the future solid waste manage- ment system. Residues such as ash from incineration facilities and nonbiode- gradeable substances screened out of co-compost will probably be handled by land disposal facilities. Future abatement efforts may show the potential to recycle the residuals for productive purposes; however, additional research is needed. There is significant capacity remaining in the existing landfill system. This capacity needs to be carefully managed to prevent the premature development of new land disposal facilities. Implementation of the waste reduction and resource recovery development program will significantly reduce the amount of waste requiring land disposal, by about 50 percent. This reduction in volume increases the operating period of the existing land disposal system and delays the point in time at which new facilities are developed. Land disposal capacity will be needed to handle special wastes, such as demoli- tion debris. Some of these wastes are unique to certain industrial generators and may require special handling procedures or landfill design requirements. 63 Oftentimes these wastes are not easily separated or must be kept separate f r o m 'ash or mixed municipal solid wastes. Therefore, industrial generators ofte n have their own landfill for their special wastes. In other circumstances special wastes can be safely disposed at a mixed waste landfill with the oth e r wastes or in a separate area. The counties will determine the quantities of special wastes that must be managed in their study of commercial and industr i a l waste generation that will be completed in 1985. ALLOCATION OF LAND DISPOSAL CAPACITY Capacity, location and operational factors must be considered in the develo p - ment of new land disposal capacity. Adequate capacity is needed to ensure the continued efficient operation of the solid waste management system. Locational factors such as accessibility and convenience are also important. Operational factors such as how many years a facility operates is important to the host community. Waste generation rates are not expected to change significantly in the future so any increases in the total quantities of waste will occur due to population and employment growth. County land 'disposal capacity can be dropped from fur- ther consideration at any time, but the acquisition of capacity by the counti e s can only occur once. After the counties select their proposed sites, sites eliminated from the inventory cannot be reconsidered for county acquisition with regional funds at a later date. Therefore, the Council must make sure that its forecast of required landfill capacity is sufficient to meet land di s - posal needs through the year 2000. The landfill development schedule is be based upon the Council's waste genera - tion and solid waste abatement projections. The volume of disposal capacity needed is based on the waste reduction/resource recovery development schedule . At the same time however, the region should avoid the implementation of new capacity that is not needed in the immediate future. Excess capacity could defer action on the implementation of alternative methods of waste management . Remaining capacity should be kept below a certain level to help ensure that landfilling is the solid waste management option of last resort and encourag e the development of abatement programs. Currently, the Metropolitan Area is served by eight landfills located in fou r of the seven counties. The southern portion of the region is saturated with capacity whereas the northern portion has a paucity of capacity. Too few o r a poor distribution of landfills in the region could result in excessive haul distances and leave the region vulnerable to interruptions in service if pr o b - lems occurred at any of the sites. Sites must be distributed in such a way as to best serve the region with a minimum number of sites. The location of existing land disposal capacity and potential processing fa c i l i - ties were used to determine where new facilities must be located in the region. The Council will review the development schedule annually to make adjustments to the schedule or the allocation of disposal capacity required. Capacity can be reduced if abatement facilities and programs exceed the objec- tives of the waste reduction/resource recovery development schedule. In addi- tion, an increase in landfill capacity of one county, due to an expansion of a n existing landfill or development of a new private landfill, will substitute fo r the regional capacity needs. 64 Finally, the limited number of operating landfills in the future could mean that individual sites may play an even more prominent role in the solid waste system. Landfills should operate long enough to avoid frequent turnover in sites. Land- fills should not be operational for such a length of time that they are per- ceived as conflicting with Council policy that. landfilling be an interim land use. However, landfills accepting only residuals from processing facilities will have significantly less nuisance impacts on adjacent properties. A land- fill of significant size that accepts only residuals could be in operation for much longer than 10 years. LANDFILL DEVELOPMENT SCHEDULE Table 4-12 displays the the amount of solid waste that the Council estimates each county will need to landfill assuming the waste reduction/recovery sched- ule is implemented. Several assumptions provide the basis for calculating the volumes estimated in Table 4-12. Residuals will be produced from any recovery technology due to facility downtime, materials rejected because they are not marketable, or ash from energy recovery combustion. For the period from 1985 through 1990, it is assumed that 40 percent of all waste handled by reduction/ recovery technologies will be returned as residuals still requiring landfill- ing. For the period from 1991 through 2000, it is assumed that this rate is lowered to 30 percent of the waste received will be returned as residuals due to the development of complementing technologies such as co-composting and energy recovery. Total landfill capacity needed for the region from 1985 through the year 2000 is 20,605 acre-feet. Currently the capacity of the existing landfills is esti- mated at 12,3E-0 11,909 acre-feet, not including any of the proposed expansions that have approvirdecisions currently pending. Consequently,47174.=4- 8 726 acre- feet of new capacity is needed to meet the region's needs. The assumptions are that unprocessed waste and residuals will require one-acre foot of landfill space for every 806.5 tons and existing landfill capacity remaining as of Jan. 1, 1985 is 13,2S-0 11,909 acre-feet. Table 4-13 shows the landfill development schedule for each county in terms of number and capacity of landfills. If the need for new landfill space is reduced, the capacity allocations will be adjusted accordingly. Also, it is assumed that new landfills will be permitted in phases of capacity increments that will allow for implementation of any reductions made to this development schedule. The total regional capacity limitation of -71444-8,726 acre-feet cannot be exceeded. The capacity allocation to one county may be substituted as long as there is a corresponding reduction of capacity required in another county. The opening dates in the development schedule should be considered as approxi- mate guidelines for planning purposes. While the capacity allocations are based on the region's needs through the year 2000, it is important to under- stand that the life of the facilities could extend beyond that date. The capacity allocated is for the disposal of residuals from waste processing and recovery activities. To allow for the development of large-scale, centralized processing facilities, however, short-term disposal of unprocessed waste on an interim basis may be approvable in some circumstances. Alternatives for as much of the capacity as possible must be pursued by the Council and the metro- politan counties. While this capacity may be best suited for disposal of resi- duals, recycling of the ash may further reduce the needed landfill capacity. Also development of private sites may reduce needed capacity. 65 Cumulative 1985-2000 283 305 1,418 53 61 258 341 389 1,677 1991- 1996- 1995 2000 Table 4-12 ESTIMATED SOLID WASTE REMAINING AFTER REDUCTION/RECOVERY (in thousands of tons) Anoka Carver Dakota 172 174 178 177 164 82 a% cY. Hennepin 995 982 976 962 880 424 1,618 1,672 8,509 Ramsey 466 455 435 430 266 194 729 734 3,709 Scott 32 33 33 33 32 17 67 ' 73 320 Washington 73 74 76 73 54 40 161 176 727 Metropolitan Area 1,920 1,900 1,882 1,856 1,556 842 3,252 3,410. 16,618 1985 1986 1987 1988 1989 1990 155 156 157 154 136 72 27 26 27 27 24 13 Table 4-13 LANDFILL DEVELOPMENT SCHEDULE County Anoka Carver Dakota Hennepin Ramsey Scott Washington Regional Total Number of Sites for Development • Capacity of Site (Acre-feell Proposed Opening Date One None None One None None One 3,000 3,232 2494 1987 1991 1993 . Three 8,726 The landfill capacity for Anoka County was allocated based on the acute need for additional capacity in the northern part of the region. There is currently only one mixed municipal solid waste landfill in the county that serves the region and it is anticipated to reach its permitted capacity by the end of 1986. The landfill capacity for Hennepin County was allocated because of the need to provide adequate disposal for resdivals to help assure the success of any pro- posed Hennepin County recovery project. The new landfill capacity allocation for Washington County implies that the Lake Elmo candidate site would be developed since it is the only site in the inventory in that county. Development of this site is scheduled for 1905 1993 because existing capacity in the southern portion of the region will adequately serve the disposal needs until then. The Lake Elmo site is located entirely 'within the LeKe Elmo Regional Park Reserve. ACQUISITION PROCEDURES Figure 4-2 is a map showing the candidate landfill sites in the regional inven- tory. As described in Part 1 of this plan, these potential sites were selected by the counties and/or the Council as required by the Waste Management Act. The counties allocated capacity in the landfill development schedule must select the final sites from the approved candidate site inventory or through private site development. For counties that are not allocated capacity for future development, the county inventory is terminated. 67 ...... c•o. I Try Oak Grove (D) ANOKA CO '11 n? 81.09.8 I June 1984 I .E• SE.NO. .0*(1,1.A. Figure 4-2 METROPOLITAN COUNTIES' CANDIDATE SANITARY LANDFILL SITES n—n — n n ..... lt L, --------- I ; , ..... ,-,- •,...._____r- 1 ...... ..; . ..... „..,, ..c.,,,,S,,,,..,,„„.../...4, ,..;:...•,..,-,,..„,,.....,.... ; „ ...... 44. '!"';‘,*---rrt'.--7,•-;,M I .N...0.. wil.f..• I ) . .... i Ha. ... q ...". 414) I, c.Chaska/Laketown 1 ... ri ,,,.. ...: - ....•,‘,...7,.. 1 c...... , .....,... ot.:2),---E1 ,-(C) 1 ,,,.,• ..... 1 Laketown - C h a nhassen c...„..f (0) (0) ; -7 , Greenfield 1 Co. Corcoran ',bell.. - n LI (E); 1 ............ "' 1 HENNEPIN ma., '. " k, .". A75:41""› I 3.11.......• •e• S ..,,,,,, Ge•s0 ".u.,-.7./ I 1 cTiliFi --,--, , .. .01.101 ..'r'..5. . i S n rt7 ... "1_71...a. 14.: ail, 11(;1..P.P e n c! e nc e I, ..„ NJ)-..-• ; • t - ' ..... ''' ir ;i1,,-7,-.'. \ 7 - ..... '-::: .,r ..•1 i .t.4.n itr. ..... : --J 1_ MP. i ...--.....-. ac eis101. l—,,, , ,, ., Ler s ,...• ..... . h‘.1r t i 1 rums!, 1C—c-1.1 1 0 . 1 ica , Lake Elmo_ -, I I (a ) Iv . c.o., se : c 1, ...... : C O. 1— Of..filoil 1 , ,, 1 L._ c.., a,„, ,", Li niaren ! .L.: --, i -,-- ' "-- ' """'"' Rosemount , (U) r--I Louisville .--' "" I i L.::`,? ...1 I CD) -.. . •...ror• . t-- --' , ,....•........-, I , I•ev.--u—i 1 Emoir e /Rosemount r- ... 11.114. n l a.. we • ,' 1 i i tr. ,1..{..• 11 , L. _____I , 0 ....,..... V n ••••14r I ' I I 1 1 SCOTT CO Sprinc Lake! New Market 1 L. _L 1 • 1 ...0.. Clet.:.n ila i.-73 I 1 --- , r r.,„, %.,_ j • amf ; I ( a -1- I I lit • .I“. I • '*". ' .. ! ....,pr I 911,. ',L... I .... r ,,,,•,••. • (8). I 1 i ..,• ..... : ._, Hampton LA ----.--- - t__ L _LLI. ___ _ _1_ _. 1 essOLOT 1 I i1.7..x..... ...... . A ,,.......1.2„....KT "If 1 _ _...1____ 68 After the counties allocated capacity as shown in Table 4-13, determine ade- quacy of their environmental impact statements (EISs) of the sites within their inventory, each county must establish a site selection authority. The site . selection authority is composed of the county board plus one member appointed by the governing body of each city or town within the county containing a site in the Council's disposal site inventory. The authority must select specific sites to meet the number and capacity required by the Council's development schedule within 90 days of the determination that the EISs are adequate. If the site selection authority does not select the requisite number and capacity of sites, by law the Council must make the final selection. Counties are required to acquire property and rights in property at and around each land disposal facility selected by the county. Sites scheduled for devel- opment before 1990 must be acquired in fee. Development rights must be acquired for all sites including fill and buffer areas scheduled for develop- ment after 1990 through the year 2000. Owners of property for which the devel- opment rights are to be acquired may elect to have the county acquire fee title to the property if they notify the county in writing within 90 days following the issuance of a permit by the MPCA. The site selection for disposal facilities by the public is not intended to pre- clude the potential for future development of landfill sites by the private sector. However, potential private disposal facilities must be incorporated into the schedule for development of disposal facilities within the region. Private development of land disposal facilities could substitute for county disposal facilities. The schedule for development of capacity at county sites could be adjusted in response to private land disposal proposals. State law also provides for mitioation and comnensation measures to communities that host new and existina landfills. Counties and local units of covernment may place a surcharoe on tippina fees at land disposal facilities. The surcharae can be used to pay for mitigation measures to reduce impacts from Tri7pn osal facilities or provide for compensafian where appropriate. POSTCLOSURE MANAGEMENT AND DISPOSITION Once the capacity of a land disposal facility is exhausted, the facility must be closed. The facility must be closed to ensure that the facility protects the public health and environment. The proper closure of facilities and their main- tenance after closure must be planned for well before the facility reaches its capacity. The cost of closure and postclosure activities must be considered to ensure an adequate sum of money for these activities long after the facility no longer receives an income from tipping fees. Proper closure and postclosure care is required to maintain the physical integ- rity of the landfill. Because landfills can leak pollutants long after their active life, the proper equipment must be installed nad maintained to ensure accurate monitoring of the fill and environment around it. Adequate closure and postclosure maintenance minimizes the potential for significant pollution problems in the future. Advanced warning of a failure of a liner or other pol- lution problem means that remedial actions can be taken before the problem becomes widespread and more costly to control. Rules for the proper care and maintenance of facilities are being prepared by the Minnesota Pollution Control Agency. Additional requirements on financial responsibility and liability will be forthcoming. Nevertheless, counties 69 should take an active role in assuring that disposal facilities will not become an excessive burden upon county budgets. County ordinances should specify the conditions or requirements that land disposal facility owners and operators are expected to meet to ensure proper closure and postclosure maintenance. The end uses for landfills are limited, falling into three major categories: agriculture, commercial or industrial uses, and recreational open space. Design and construction constraints may prevent the construction of buildings upon the fill area or within the buffer area a certain distance from the fill area. All of the existing fills take mixed wastes resulting in the generation of methane gas which coupled with settling may constrict the potential for .development. In addition, there are uncertainties about the consequences, liabilities and costs of remedial actions if the landowners of the end use building or activity differ from the landfill owners and operators. Despite these limitations, closed landfills could support end uses that require large acreages with a use of low intensity. Examples of these end uses include .4 1 mucic'pa' or county pa-''s, ski slopes, Department of Natural Resources manage- ment areas for selected types of wildlife, state or regional parks, airport:1 drive-in theatres, scrap or salvage yards, low-intensity industrial uses, antennae farms, feed lots, agricultural research areas or poultry farms. Dis- posal facilities accepting residuals only may have more structural integrity and could increase the number of potential end uses. The end use should be considered in the context of limiting conflict with the surrounding land use during the landfill's operation. In addition the end use must be compatible with the closure and postclosure requirements. DEVELOPMENT PROGRAM COSTS COSTS OF THE EXISTING SYSTEM The existing solid waste management system consists primarily of collection, transportation and land disposal. The annual cost to the household for this system is approximately $95 in the Metropolitan Area. The collection, trans- portation and land disposal components of this system represent approximately- 76 70 , 15 and-4 15 percent, respectively, of the household refuse biliT Costs of the system for the commercial and industrial sector are not readily broken down. Rather, costs are functions of size and types of disposal con- tainers, weight of the refuse and haul distance to the landfill. In most cases the collection and disposal costs are about 40 percent and 60 percent, respec- tively of the commercial or industrial generators refuse bill. - Tipping fees at existing landfills range from SIO-M $12-14 per ton for refuse. Fees for special wastes such as demolition debris may vary. Surcharges-4.- have increased tipping fees in 1985. Existing system costs for disposal of mixed municipal solid waste can be estliTtrred15,DriultioTylno the waste cenerated annuaTTy in -57e region (2ill ion JonST,by the cost to dispose of it at iandfills (Slrper ton) which equals $24 '010lion annually. The $12 tippino fee used above does not internalize all of the 'costs associated with the existino diThosal system. ExterrliTcosts of the exist inn landfill system include oroundwater contamination at 11 of 13 land- fills; reduced, replaced or relocated capacity of municipal wells; possible 70 replacement of private water supplies with installation of public water supply systems; property devaluation; untreated leachate discharges to rivers and lakes; and clean up costs borne by the public sector. More than half of the revenues received from the surcharae are desianated for remedial actions or other mitigation and comoensation measures. There are several recycling programs operating in the region. All of them are paid for by the city or county as a service to theirresidents. Costs for these programs range from .$12-$14 per ton of recyclables collected. COSTS OF THE PROPOSED SYSTEM Overview The transition from the existing land disposal system to a system that empha- sizes waste reduction and resource recovery will increase the costs of waste management to the generator. These costs will come about as a consequence of constructing and operating a variety of waste processing facilities and recycl- ing programs. Given the regional goal that by 1990 land disposal must accept only processed waste, many facilities and programs must be in place in the region by 1990 to handle the volume of waste generated. The new element could increase household disposal costs by about $30 to °.55 $20 to $47 from its cur- rent S9S $105 annual cost. Costs for commercial and industrial waste generators will differ from the estimated costs for households. Table 4-14 identifies the capital and annual operating costs for typical capac- ities of facilities and programs that could be expected for development in the region (see the development programs for waste reduction and resource recov- ery). The annual operating cost includes the debt service which has been amor- tized over 20 years. Costs For The Waste Reduction and Resource Recovery System, 1990 A waste management system that could meet that goal is presented in Table 4-15. The proposed waste management system includes combustion facilities, composting sites for yard waste, co-composting facilities, transfer stations, region-wide source separation programs and three new landfills. By far the most expensive waste facilities are the combustion units, either mass burn or RDF. The primary costs for combustion units are for the boilers, heat recovery systems and pollution control equipment. Some savings on capital expenditures are realized if existing boilers are retrofitted to burn RDF. The combustion and processing components of the waste reduction/resource recovery development program will cost about $220 million. The co-composting component of the waste reduction and resource recovery devel- opment program calls for two co-composting facilities to manage the heavy organic residue from RDF facilities. These facilities are less costly to con- struct and operate than the combustion facilities. Total capital cost for two co-composting facilities with a capacity of 300-600 tons per day are about $40 million. 71 Capital Costs (in $1,000s) Annual* Operating Costs (in $1,000s) 45,000-120,000 15,000-25,00 .0 20,000- 35,000 10,000-15,000 25,000- 75,000 55,000- 85,000 50,000- 75,000 3,000 450- 15,000 3,500-25,000 15,000-25,000 15,000-25,000 200- 350 10 400- 4,000 20,000- 40,000 5,000-10,000 3,000 . 750- 2,000 300- 700 200- 1,000 - Table 4-14 ESTIMATED SOLID WASTE FACILITY AND PROGRAM COSTS (All Figures In 19(14 Dollars) Type of Facility .RDF Facilities ' - Dedicated Boilers - Existing Boilers Mass Burn Facilities 2 - Steam - Co-Generation - Electricity - Modular Composting Facilities 3 - Leaf - Sludge/Leaf Co-Composting Facilities 3 - Sludge/mixed solid waste Transfer Stations 4 • Recyclables Processing 5 Landfills - Existing - Second Generation & Capacity 600-2000 TPD 600-1000 TPD 250-1000 TPD 600-1000 TPD 600-1000 TPD 50- 150 TPD 900 TPY 100- 300 TPD 300- 600 TPD 400- 600 TPD 50- 150 TPD 40- 80 Acres 40- 160 Acres 6,000- 4,500 2,500-10,000 Sources: 'Ramsey/Washington Counties. 2 Ramsey/Washington, Dakota and Hennepin Counties. 3 Ramsey County, Resource Management Associates, CAL Recovery Systems, Inc. 4 Delaware Solid Waste Authority, BFI Waste Systems, Marcel Dekker Inc., Ramsey/ Washington Counties. 5 Recycling Unlimited, Ramsey County, Pope-Reid Associates Inc. 6 Donahue and Associates. *20-year debt service included. 72 SvsiINComponentsi Capacities Capital2 Costs Yearly2 Operating Costs $ 75,000 ' $ 25,000 85,000 25,000 75,000 25,000 70,000 25,000 35,000(ea) 15,000(ea) 4,000 mass Burn: 1 Facility Steam or Co-generation or Electricity ROI: 3 Facilities Dedicated Boiler • and 2 Existing Boilers Composting Yard Waste 1,000 TPD 1,000 TPD 1,000 TPD 50,000 TPY 90-110 90-110 90-110 60-80 90-125 $115--1407 0 20 $207 45-60 45-60 45-60 40-55 60-80 Table 4-15 RESOURCE RECOVERY SYSTEMS: A SCENARIO FOR 1990 (All Costs in 1984 Dollars) Gross3 Cost Per Ton $75 80 '75 80 50 15 Transportation3 and Collection Cost Per Ton $45-60 45-60 45-60 45-60 45-60 45-607' Estimated3 Revenue Net Cost3 Per Ton Per Ton 9 0 y4 -110 105-120 80-95 0 . 60-75 NYfost4 P HousehOld $155-175 140-160 140-160 155-175 115-140 90-110 $15 30 . 25 Landfills: 3 Sites c Second Generation' Total System: 300 TPD 300 TPD 500 TPD (ea) 1,000 TPD 5,400 TPD 20,000 20,000 ,000 5,000 15 /,//' 45-60 15 45-60 3,000(ea) 1,500(ea) 5,000 (ea) 7,0 20,0:007r 2,500 (ea) $345 . S122,500 $507 O 60-75 • 60-75 60-75 sao-loo7 Co-composting: 2 Facilities Sludge/MSW Sludge/NSW Transfer Stations: 5 Stations Recycling: 30-60% Par. Processing Facility 15-20 $4 , Sources of cost information listed in TO4(4-14. 1 ' In $1,000s. 3 $ Amounts rounded to nearest $5. efjp4rof1ts or avoided costs included. Surcharges are included oNandfill costs. Estimated revenues are project specific and could ips y. 4 Assuming each household prodtçes 1.46 tons of solid waste per year. Minimal capital costs are m6rtized into operation costs. 6 Assuming a 5-foot clay Jkiler, a 40-80 acre site, 10-mile clay haul distance, no synthetic liners. 7 Weighted average of pdir respective columns based on throughput of each facility. St per ton is usehold is Note: Gross cost equal to gross equal to ne r ton is equal to yearly debt service plus operating costs divided by waste throughput per year. Net ost per ton plus transportation and collection cost per ton minus estimated revenues per ton. Net cost per cost per ton multiplied by 1.46 tons per household per year, System Components1 Yearly2 Gross3 Operating Cost Costs Per Ton Capital2 Capacities Costs Net Cost3 Net Cost4 Per Ton Per Nouseho7 Transportation3 Estimated3 and Collection Revenue Cost Per Ton Per Ton S45-60 1,000 TPD $ 75,000 $ 25,000 $75 $20 $105-120 S155-175 Mass Burn: 1 Facility 900 TPO 900 TPD 70,000 25,000 80 35.000(ea) 15.000(ea) 50 50,000 TPY 5 4,000 15 5607 $127,000 45-60 45-60 45-60 20 20 0 105-120 80-95 60-75 155-175 115-140 90-110 545-607 $207 ' $85-1007 $120--145 (New) Table 4-15 RESOURCE RECOVERY SYSTEMS: A SCENARIO FOR 1990 (All Costs in 1985 Dollars) RDF: 3 Facilities Dedicated Boiler and 2 Existing Boilers Composting Yard Waste Co-composting: 2 Facilities Sludge/MSW Transfer Stations: 5 Stations Recycling: 30-60% Par. Processing Facility Landfills: 3 Sites 5 Second Generation Total System: 5,400 TPD $355,000 1 2 Sources of cost information listed in Table 4-14. In $1,000s. 3 Assuming each household produces 1.46 tons of solid waste per year. 5 Minimal capital costs are amortized into operation costs. 6 Assuming a 5-foot clay liner, a 40-80 acre site, 10-mile clay haul distance, no synthetic liners. 7 Weighted average of their respective columns based on throughput of each facility. Note: Gross cost per ton is equal to yearly debt service plus operating costs divided by waste throughput per year. Net cost per ton is equal to gross cost per ton plus transportation and collection cost per ton minus estimated revenues per ton. Net cost per household is equal to net cost per ton multiplied by 1.46 tons per household per year. $ Amounts rounded to nearest $5.. No profits or avoided costs included. Surcharges are included on landfill costs. Estimated revenues are project specific and could vary. 4 500 TPD 20,000 (ea) 5,000 (ea) 15 500 TPD (ea) 3,000(ea) 1,500(ea) 15 1,000 TPD 5,000 (ea) 7,000 15 20,000 (ea) 2,500 (ea) 15-20 90-110 90-110 60-80 90-125 0 60-75 0 60-75 20 40-55 60-80 45-60 45-60 . 45-60 A5-60 74 The region will also need many sites to compost yard and garden wastes. The most significant cost of these facilities are the operating costs. There is little capital cost involved based on a system that utilizes available public land. County or local public works departments are likely operators of these facilities. Recycling programs and facilities, similar to yard and garden waste composting facilities, have greater operating costs than capital costs. By far, the larg- est cost of recycling programs are the collection costs. One or two recycl- ables processing facilities are needed in the region to manage daily about 1,000 tons of recyclables. Capital costs for equipment and recyclable process- ing facilities are about $7.5 million. Existing recyclable processing opera- tions could be used, expanded or modified thereby reducing public costs. Several transfer stations will likely be needed within the region to consoli- date waste or recyclables for shipment to processing facilities. It is diffi- cult to determine the number of facilities that will be needed until the other centralized processing facilities are located. Occasionally, the transfer sta- tions may be physically linked- with the RIF processing facilities. For fling purposes the waste recove-y/rnource recovery doveleoment program esti..- .EA:es-purposes of determinina capital costs in Table 4-15. it was estimated that five transfer stations would be built that would handle about 500 tons per day. The total capital costs of the proposed system are about $345 million. Annual operating costs are about $122 million. The annual household cost for refuse disposal would increase by about S30 to 155 $20 to $47 from the current annual cost of-595. $105 . The commercial and industrial sector would incur an overall increase of about $34 million or $15-to $35 per ton for refuse disposal . assuming one-half of the waste generated in the region is of commercial or industrial origin. The costs for commercial and industrial waste aenerators will differ from the estimated costs for households. Costs for the Land Disposal System, 1990 The land disposal development program estimates that three new landfills are needed in the region to meet disposal needs until the year 2000. Each landfill is estimated to cost about $20 million. Each landfill is required to construct a leachate collection system above a clay liner. The greatest cost of the new landfills is the construction of the clay liner and leachate collection sys- tem. Additional costs may be incurred if the tlay for the liner must be imported to the site. The land disposal costs include preparation of the EIS, pre-development, liner and leachate collection systems, closure and postclosure monitoring and mainte- nance for a 20-year period. Closure costs include a gas-collection system. Post closure costs include a lump sum payment for environmental liability insur- ance. The costs of remedial actions that may be necessary are not included. The Council has $15 million bonding authority to purchase land for development of the new landfills or development rights for the landfills to be developed after 1990. The bonding authority can be used to finance the preparation of ' environmental assessments of the candidate landfill sites. The Council must assess the counties to retire the bond debt, but assessment does not apply to cities or towns in which a solid waste disposal facility is operating after Jan. 1, 1980. In addition, cities or towns with waste reduction or resource recovery facilities or programs established pursuant to a county land disposal abatement plan are eligible for a reduced payment, proportional to the abatement. FINANCING ALTERNATIVES A wide variety of financing tools are available to fund resource recovery facil- ities and source separation programs. Types of financing include general obli- gation bonds; revenue bonds; leverage leasing; municipal lease purchase; loans, grants and loan guarantees; and surcharges. Table 4-16 identifies the types of financing that could be used by counties and municipalities to finance proposed waste facilities and programs. General obligation financing by a municipality, county, authority, or state government is usually the lowest cost debt instrument in terms of interest rate available. The advantages of this financing method are its relatively low interest rate, and hence, debt service and the relative simplicity of the required institutional arrangements. Disadvantages include high-risk exposure to the issuing entity and its taxpayers, the elimination of facility tax pay- ments because of public ownership, and the unavailablity of federal tax bene- fits available to private owners of resource recovery facilities. There are a number of kinds of revenue bonds that can be used to finance a resource recovery facility. They utilize project revenues (tipping fees, recov- ered material and energy sales, etc.) as the primary source of bond repayment. Revenue bonds can be issued for the purpose of creating industrial development in a community (industrial development bonds, or !Ms) or for building pollu- tion control equipment (pollution control revenue bonds or PCABs). Because the private corporation assumes the risks, potential buyers will scrutinize the corporation's credit worthiness. The advantages of this financing form include a shift of the majority of project risks away from the municipality, the pay- ment of property and income taxes by the operators, and certain federal tax benefits to the corporation if it is a resource recovery facility. 75 Types of Financing General Obligation Revenue Bonds Non-profit public corporation .4 cn Taxable entity Leverage Leasing Municipal Lease Purchase Table 4.16 METHODS OF FINANCING Llg.Tan!..4.9." Low interest rates Simple institutional arrangements Private ownership Federal tax benefits Low interest rates Excise tax backing No referendum Private risk Tax income for the public Federal private ownership tax benefits Shared risk Tait income for public Reduced bond issue Federal private ownership tax benefits Private risk Tax income for public No bond issue Federal private ownership tax benefits Disadvantages Taxpayer risk No taxes from the public facility No federal tax benefits from private ownership High tech projects are of higher risk to private investors Facility not on tax rolls No federal private ownership tax benefits No excise tax backing Higher interest rates Higher interest rates The U.S. Congressional ceiling A complex legal structure' Tax status In question Description 'Full Faith and Credit' Public Financing Public financing Pledging project revenues Government backed nun-profit corp. . with excise tax Use Nigh & tow Tech Mostly High Tech Public issue on behalf of a private corpora-tion as a loan Private ownership of High 8. Low Tech large share with public or private operators Public or private operators Public ownership of the remaining share 100% private ownership High le Low Tech with public opera- . tors Industrial revenue Public issue without bonds excise tax backing Tax-exempt entity GrantS/LOanS/Loan Public gifts and loan backing Surcharges Taxes favoring resource recovery SE1657-PHENV2 12.07.84 Mostly low Tech Mostly Low Tech Possible long-term funding necessary necessary A public policy tool Possible public funding of the inefficient Risk placed mostly with private owners The U.S. Congress has imposed a ceiling on IDB expenditures of $150 per resi- dent from Jan. 1, 1985 and $100 after 1986. For Minnesota, the 1985 ceiling is $619 million. Beginning in 1986, the ceiling is $412 million. This ceiling seriously affects the financing of resource recovery facilities particularly waste combustion facilities. Proposals to finance resource recovery facilities with ID8s must now compete with other development proposals. Consequently, other less desirable methods of financing resource recovery facilities may have to be used. Other financing mechanisms include leverage leasing, municipal lease purchases and grants or loans. The Waste Management Board has the authority to provide grants and loans for the development of resource recovery facilities. The Council will receive monies from surcharges on disposal fees at metropolitan landfills. These monies will be used to provide grants and loans to public and private entities to develop facilities and source separation programs (see Part 5 of this guide). In addition, the counties have the authority to place a surcharge on disposal fees at landfills within their jurisdiction and these monies could be used for various facilities and programs. Two underlying issues affect financing decisions: the risk inherent in the pro- ject and the investment; and the amount of government participation desired in the project's financing. The major risks of any given security arise from the project's technology, the project's markets and end-product market price, assur- ance of municipal solid waste input, accuracy of the projected cash flows, abil- ity to meet principal and interest payments, and promised return on invest- ment. Public participation may be necessary to ease perceived risk by Investors. The financial arrangements of existing resource recovery facilities throughout the nation favor private investment, IDBs and government obligation (GO) bonds. Nation-wide trends have been away from grants and GO bonds and towards multiple-source financing, of which a blend of private investment and IDBs is favored. 77 PART 5: PLAN IMPLEMENTATION IMPLEMENTATION APPROACHES OVERVIEW The Council will use a number of approaches ta implement the guide (see Figure 5-1). They include: 1) Reviewing county and local solid waste plans and annual reports; 2) Reviewing various aspects of waste facility projects; 3) Monitoring and oversight activities; and 4) Technical and financial assistance programs. The Waste Management Act requires the metropolitan counties to prepare solid waste management master plans that implement the Council's solid waste guide. The master plans must describe specific projects and activities, and certain information on specific financial commitments and implementation schedules. The master plans can be developed either as an element of county comprehensive land use plans required under the 1976 Metropolitan Land Planning Act, or as separate documents. The counties are also required to submit annual repots to the Council on their solid waste management activities. The reports must describe the progress being made with implementation activities and provide the Council with information to update regional system data bases. The Council has authority to a) establish content requirements for the master plans and annual reports and b) review and decide whether the plans and reports are consistent with the Council's guide policies and programs. Although not required by the Waste Management Act, cities and townships in the Metropolitan Area will be encouraged to prepared solid waste elements to their comprehensive plans prepare under the Metropolitan Land Planning Act. Such plan elements can help guide the development of local waste management projects and services. The Council will assist local communities with such plan amendments. The Waste Management Act requires the Council to review various waste facility projects and proposals. The reviews serve as important devices to implement the guide chapter and resolve potential policy conflicts. The Council must review: 1) Waste facility permit applications; 2) Waste supply and processing contracts; 3) Waste district proposals; 4) Waste flow designation proposals; and 5) Certificate of Need requests. The appendix describes specific requirements and criteria that will be used for the reviews. 78 Figure 5-1. REGIONAL PLAN IMPLEMENTATION REGIONAL SOLID WASTE POLICY PLAN Land Disposal Waste Reduction and Resource Recovery Implementation Development Program Development Program Monitoring County Environmental Impact Statements County Master Plane County I Annual Reports Metropolitan Technical and Financial Atililatent° Program Repo is to Logi*latIve Commission on Waste Management Contingency I Procedures Final Site Selection Local Comprehensive Plans Review Mechanisms, Permits, Waste Flow Designations. Contracts, Waste Districts Review Mechanisms. Permits/ Certificates of Need The Council will monitor and oversee, in particular, progress in implementing the waste reduction/resource recovery and land disposal development programs in Part 4 of the guide. The Council will track progress through its review func- tions and by holding periodic meetings and public forums with local officials and waste management industry representatives. The Council will undertake contingency procedures if the development programs are not being implemented or implementation is proceeding slowly. To help implement the development programs, the Council will provide technical assistance and financial resources through its solid waste assistance program. The program will provide information and technical support as well as loans and grants to help establish specific waste management facilities and programs. Assistance will be available to eligible recipients in both the public and private sectors. REVIEW PROCEDURES The Council will review plans or proposals submitted to it for consistency with the policies and criteria in this guide. The following procedures will gener- ally be used when plans or proposals are received for review: 1. All known affected and interested parties will be notified. 2. If necessary, a public hearing on the proposal or document will be held. 3. Not less than 30 days before a public hearing, the Council will publish a notice in a newspaper(s) having general circulation in the Metropolitan Area, stating the date, time and place of the hearing, and the place where the project information or document may be examined by interested people. 4. The hearing will be conducted according to Council procedures. All inter- ested people will be permitted to present their views on the proposal or project. 5. The Council's Metropolitan Waste Management Advisory Committee will review the proposal and make recommendations to the Council. 6. The advisory committee will conclude its review in sufficient time to allow the recommendations to be discussed and considered by the appropriate com- missions and standing committees of the Council. 7. To the extent appropriate, the Council will conduct its review concurrent with and complementary to reviews by other governmental jurisdictions. In addition to these general procedures, other procedures and guidelines will be followed by the Council as required by the WMA. COUNTY AND LOCAL PLAN REVIEWS AND PLAN CONTENT REgIREMENTS COUNTY MASTER PLANS Each metropolitan county must prepare and submit to the Council a solid waste master plan within nine months after the Council adopts its solid waste policy plan. If the Council disapproves a master plan, the county must submit a revised plan within 90 days for Council approval. 80 The Council will review county master plans in accordance with the requirements of Minn. Stat., section 473.175 and 473.823. Master plans must: 1) conform to and implement the Council's solid waste guide, including system plan policies and development program requirements and time schedules; 2) be consistent with other adopted chapters of the Council's Metropolitan Development Guide and metropolitan system plans; and 3) be compatible with each other. The Council recognizes that intercounty and local jurisdictional cooperation is necessary to implement many of the waste management strategies. The Council encourages the counties to work together in preparing the master plans and to consult with cities and towns. The counties are encouraged to prepare the master plans as the solid waste element of their comprehensive land use plans to help ensure consistency with county and local land use policy and public services. Plan Content Reauirements • County master plans must be comprehensive and clearly describe county policies, plans and implementation strategies. The plans must describe specific projects and activities the county, cities and townships within the county and the pri- vate sector will implement and the financial and other resource commitments to those projects and activities. At a minimum, the plans must provide following information: Plan Preparation 1. A description of the plan preparation process, including the role of county advisory committees and the number of public meetings and hearings; and 2. Evidence that all municipalities and towns within the county were consulted in the preparation of the plan; and 3. A schedule for plan revisions. Description of Existing System 1. Solid waste generation characteristics, including the quantity and composi- tion of waste by class of generator and patterns of waste generation (seasonal, geographic area); 2. The solid waste collection system in the county, including the type of ser- vices provided (mixed vs. separated waste) and hauling arrangements; 3. Existing private, local, and county programs, functions, facilities and activities for solid waste reduction, source separation, processing and land disposal in the county, including locations, use rates, operating char- acteristics and user charges, and remaining capacity estimates for land disposal facilities; and 4. County and municipal enforcement authorities, including licensing require- ments, ordinances, and permit requirements. Statement of Solid Waste Management Policies and Objectives 1. County policies for waste reduction, source separation, waste processing . and land disposal for 1985 through 2000; and 81 2. Quantifiable county objectives (stated in tons annually through 1990 and in five-year increments thereafter through 2000) for waste reduction, source separation, waste processing and land disposal. Description of Plans, Programs and Facilities for 1985 to 2000 1. Management alternatives (source separation, waste reduction, processing, transfer stations, waste combustion and land disposal) from 1985 through 2000 including: - The facility or program activity, including potential locations, volumes and types of wastes involved, service areas, estimated capital costs, rates and charges, annual operating and maintenance costs and annual gross revenues; - Implementation procedures, including planning, operating, ownership and financing arrangements and marketing approach; for facilities that will be acquired by the county, provide the estimated cost, methods, and time of acquisition, procedures for operation and maintenance, and a capital improvements program; for land disposal facilities, provide a descrip- tion of how the county will evaluate and select sites to be implemented; - The relationship of the facility or program activity to other management alternatives; - How existing facilities and services will or may be used to implement the plan; - The economic effects of the program activity or facility on residential, commercial and industrial waste generators; and - Contingency procedures for situations when the management alternative cannot be implemented or are temporarily out of service, and when they would be undertaken; 2. Public, private and intergovernmental coordination and support activities, including: - Program for data collection and analysis on waste generation and characterization; - Process for public comment and participation during planning and project development; Criteria and standards to protect comparable existing and planned pri- vate and public facilities from unwarranted displacement; Efforts to encourage private operation and/or ownership of facilities; Rile of local governments in county programs, including a description of City and town programs that would qualify for landfill abatement cost recovery; Intercounty project efforts; and Use of Council and county technical and financial assistance programs. 82 3. Public education and information programs; 4. Role of waste flow designations; and 5. County and municipal enforcement activities, including monitoring programs, and expected licensing and permitting requirements and ordinances. - LOCAL COMPREHENSIVE PLANS The Council encourages cities and townships to include a solid waste management planning element in their comprehensive plans prepared under the Metropolitan Land Planning Act. The solid waste element should be prepared in consultation with counties and serve as an implementation guide for local waste management activities. Local solid waste plans must be consistent with county master plans. The solid waste element should describe: 1. Waste reduction, source separation, waste processing and land disposal pro- grams and activities in the city or town, including the types of services provided, levels of recovery achieved by the programs, locations of facili- ties, and user charges; 2. Proposed solid waste management programs, functions, and activities, how they complement the county's master plan and achieve the objectives in the waste reduction/resource recovery development program in Part 4 of this guide. 3. How existing or proposed solid waste facilities can be operated or devel- oped so as to be compatible land use and public services; and 4. Local ordinances and controls regulating the transportation and collection of solid waste; and ordinances regulating waste facilities. Some local governments may not have the financinal resources, staff or exper- tise to develop a solid waste element of their comprehensive plans. Counties should be willing to help develop the plan element if necessary. Financial and technical support for local programs and waste facilities will be available from the Council, particularly if the local community has a solid waste element in its comprehensive plan. IMPLEMENTATION MONITORING COUNTY ANNUAL REPORTS The metropolitan counties are required to submit annually solid waste reports to the Council for approval (Minn. Stat., sec. 473.803, subd. 3). The reports must provide information on waste generation and management activities, as well as progress in achieving the waste management policies and objectives in the Council's guide chapter. The reports must be subMitted on Feb. 1 Mar. 31 and cover the period of January through December of the previous year. Preliminary reports must be submitted by Oct. 1 of each year on abatement performance. In T985, the counties"- amended master p,17ii-Tvil -1 also constitute their annual reports. 83 The annual reports must include information on t h e f o l l o w i n g : I. Progress on implementing the Council's solid w a s t e g u i d e , i n c l u d i n g t h e waste reduction and resource recovery and land d i s p o s a l d e v e l o p m e n t programs and schedules; 2. Current and proposed waste reduction, source s e p a r a t i o n , w a s t e p r o c e s s i n g and waste combustion programs in the county, inc l u d i n g f a c i l i t i e s a n d s e r - vices provided, reduction and recovery levels cu r r e n t l y a c h i e v e d o r p r o - posed for each program, the types and volumes of m a t e r i a l s h a n d l e d a n d t h e implementing agencies or private companies invol v e d ; 3. Rates and charges in effect or proposed for soli d w a s t e f a c i l i t i e s a n d collection services in the county, including a s t a t e m e n t o f t h e b a s i s f o r such charges for county-owned or -operated facil i t i e s ; 4.Current receiving rates at all solid waste fac i l i t i e s i n t h e c o u n t y (reported in tons); 5. General characteristics of solid'waste received a t w a s t e f a c i l i t i e s i n t h e county; 6. Remaining capacity and estimated life of land d i s p o s a l f a c i l i t i e s i n t h e county, reported in acre-feet and based on annu a l a e r i a l s u r v e y s ; 7. General condition, and proposed expansion, of l a n d d i s p o s a l f a c i l i t i e s i n the county; 8. Staff and budget committed to implementing the c o u n t y ' s s o l i d w a s t e p r o g r a m ; 9. Progress on preparation of required revisions t o t h e c o u n t y m a s t e r p l a n ; and 10. Involvement of cities, towns and school distri c t s i n w a s t e m a n a g e m e n t activities, including local programs that qual i f y f o r l a n d f i l l a b a t e m e n t cost recovery under Minn. Stat., sec. 473.874, s u b d . 5 . LEGISLATIVE COMMISSION ON WASTE MANAGEMENT The state Legislative Commission on Waste Manage m e n t o v e r s e e s i m p l e m e n t a t i o n o f the Waste Management Act, including the Metropo l i t a n A r e a s o l i d w a s t e w a s t e planning process. The Council will report annua l l y t o t h e L e g i s l a t i v e C o m m i s - sion on progress implementing the guide chapter p o l i c i e s a n d p r o g r a m s . T h e Council may recommend changes to the Waste Mana g e m e n t A c t i n o r d e r t o i m p l e m e n t the guide. CONTINGENCY PROCEDURES • The Waste Management Act places implementation r e s p o n s i b i l i t y f o r s o l i d w a s t e management in the Metropolitan Area primarily w i t h t h e m e t r o p o l i t a n c o u n t i e s . The 1984 amendments to the act, however, requir e t h e C o u n c i l ' s s o l i d w a s t e guide to also set waste reduction and resource r e c o v e r y o b j e c t i v e s f o r c i t i e s and towns in the region. With the 1984 change, t h e a c t s e e m s t o e n v i s i o n a more deliberate, responsible role for local go v e r n m e n t . I n o r d e r t o a s s u r e implementation occurs, the act has a number of c o n t i n g e n c y m e a s u r e s t h a t c h a n g e county or local responsibilities if certain fea t u r e s o f t h e l a w o r t h e Council's guide are not implemented. The counties are responsible for selecting and acquiring land disposal sites for implementation within their boundaries. They must establish site selection authorities to choose the sites. If the site selection authority does not pro- ceed in selecting the required number and capacity of sites in accordance with the Council's land disposal development schedule and within the time frame allowed under the Waste Management Act, the Council is required to select the sites. If the counties fail to acquire the selected site, the Council must prepare legislation to transfer solid waste management authority and responsi- bility in the Metropolitan Area from the counties to tile Metropolitan Waste Con- trol Commission or a new metropolitan commission established for that purpose. •The counties, cities and townships must achieve, at a minimum, the objectives that have been set in the Council's waste reduction and resource recovery development schedule. If the Council determines that a county or city has not met the objectives, the Council will report to the state legislature and submit legislation that reassigns the waste management responsibilities among cities, towns, counties, and metropolitan agencies so as to assure implementation of Council and county solid waste plans and objectives. The Council will determine if adequate progress on waste reduction and resource recovery is being made by periodically evaluating county and local waste manage- ment activities. In determining whether substantial progress has been made, the Council will evaluate: o Levels of waste reduction and resource recovery achieved in the region as a whole and in subregional areas and the development schedule in section 4 of the plan; o Levels of waste reduction and resource recovery achieved in each county and local unit of government for which specific objectives have been set in section 4 of the plan; o Adequacy of county and local authorities, financial resources, and technical capabilities; and o Whether county and local financial and technical resources have been applied in a substantri) effort to meet Council objectives. D-44d.dence of county and local commitment to waste reduction -r-e-s-etircsr - recovery eTrort.s-;-•4-ncludino commitments_nf-filialrla and staff resourcs, the status of ro_or=s--and -acfritTFies-and_ he development of local plans . 4-tiimrtrols. METROPOLITAN SOLID WASTE ASSISTANCE PROGRAM RESOURCE RECOVERY GRANTS AND LOANS Beginning in January 1985, all landfills in the Metropolitan Area will charge waste collectors an amount on their existing disposal fee, as required by the 1984 amendments to the Waste Management Act (Minn. Stat., sec. 473.843). A portion of the funds will go to a Metropolitan Landfill Abatement fund. The abatement fund will be administered by the Council for grants and loans for resource recovery projects and activities and related public education and to develop markets for reusable or recyclable waste materials. 85 The Waste Management Act authorizes that resource recovery grants and loans may be made to any person and may include the costs of planning, acquisition of land and equipment, capital improvements and public education expenses. The Council is required to determine the total estimated capital costs of the pro- ject and that full financing is available. Grants and loans made to cities, counties and solid waste management districts must be in conformance with the Council's solid waste auide chapter and approved county master plans. The Council will develop guidelines and priorities-for administering the Landfill Abatement Fund program. TECHNICAL ASSISTANCE The Council has established a technical assistance program to accelerate the development of waste reduction and resource recovery projects and programs in the Metropolitan Area. The assistance program is made up of staff from the Council and will provide technical and planning help to counties, cities and other groups. The program initially will focus on efforts to divert recyclable materials and yard wastes from landfills through recycling programs, mulching and compost- ing. Assistance activities will include evaluating alternative reduction and recycling methods and developing strategies to promote programs to policymakers and the general public. The program will also provide information about waste reuse and recovery techniques, serving as a clearinghouse for people who need more information about these methods. DATA MANAGEMENT AND RESEARCH PROGRAM This guide is based on a variety of sources of information and data used in the development of the policies and system programs. While the best available information is used, the Council recognizes the continuing need to improve the quality of the data and subsequent assumptions. In certain instances, data spe- cific to the Twin Cities Metropolitan Area was available and in other cases national averages were necessary because of lack of local statistics. The Council will develop a new data management program to address the need for improved data. This program will be developed and implemented with the assis- tance of the counties. The types of data that should be included in this pro- gram are: 1. landfill receiving rates; 2. Remaining landfill capacity; 3. Recovery rates for recycling, composting and energy recovery programs and facilities; 4. Participation rates in waste reduction and source separation programs; 5. Waste oeneration rates; 6. Waste composition by types of material; and 7. Cost and revenues of programs and facilities. The actual responsibilities for data collection, analysis and reporting will be specified within a separate technical publication to be published by July 1985, which will serve as a background report to this guide. 86 In addition to data manaaement, there is an onaoing need for research in a number of critical areas, includina monitoring progress of programs and pro- jects elsewhere in the U.S. and around the world. The type, method and respon- sibilities for this research will be included in the background technical report. 87 'DEFINITIONS "Acre-foot" is a volume equal to 1,613 cubic yards. Based on Metropolitan Council staff estimates, there are approximately 806.5 tons of waste received at a landfill per acre-foot of landfill space used. "Aluminum" is a light, grey nonferrous metal, typically discarded as scrap beverage cans, house siding, cookingware, and furniture. "Cities" means statutory and home rule charter cities and towns authorized to plan under Minn. Stat., secs. 462.351 to 462.364. "Collection" when referring to solid and hazardous waste, means the aggregation of solid or hazardous waste from the place where it is generated, and includes all activities up to the time the waste is delivered to a waste facility (Minn. Stat., sec. 473.121). "Commercial Agriculture Region" means the area currently expected to continue in agricultural use indefinitely, as generally mapped on the Metropolitan Council's Development Framework. When the 1985 revisions to the Development Framework Plan are complete, it is expected that this region will be redefined as areas eligible for or in agricultural preserves. "Commercial solid waste" includes solid waste generated by stores, offices, businesses, restaurants, warehouses and other nonmanufacturing activities, and nonprocess wastes such as office and packing wastes generated at industrial facilities. "Compostable yard waste" includes leaves, grass clippings and other organic wastes from lawn and garden maintenance that can readily be transformed into a useable soil amendment through controlled biological degradation. "Composting" means the controlled biological decomposition of selected solid waste in a manner resulting in a humus-like final product that can be used as a soil amendment. "Backyard composting" means small-scale composting of yard and garden wastes by individual homeowners on their own property. "Centralized composting" means composting of wastes on a larger scale, such as at neighborhood or city-wide composting sites. "Co-composting" is the composting of sewage sludge or septage with munici- pal solid waste. "Corrugated containers" consist of kraft linerboard cartons with corrugated paper, typically used to ship materials. They do not include non-corrugated containers such a chipboard or single-ply boxes (for example, a cereal carton). Some cartons that are heavily coated or waxed and used to ship meats and vegetables are not recycleable, and are classified as "other organics." "Curb-side collection" means collection, at the point of generation, of recy- clables or compostable materials. 88 "Construction and demolition wastes" include bricks, wood, paving, building materials and rubble resulting from construction, remodeling, repair and demolition. "Dedicated boiler" means a boiler designed and built to burn a specific fuel such as refuse-derived fuel or mixed municipal solid waste. "Environmentally sensitive areas" includes areas that are important from an ecological or natural resources management standpoint. ' They may include, but are not limited to, protected wetlands, floodplains, and critical habitats of endangered species. Areas specifically managed by a governmental agency or private organization for their ecological values (for example, fish and wild- life) constitute ecologically sensitive areas as well. "Ferrous scrap" consists of scrap iron and steel items, including steel food and beverage cans. Iron and steel scrap is any waste material to which a mag- net adheres. Si-metal cans (ferrous cans with an aluminum top) are classified as ferrous scrap, as is any item that is at least 75 percent ferrous by vol- ume. Stainless steel scrap (a shiny metal product used for its non-corrosive property and commonly found in appliances and kitchen counter tops) is con- sidered ferrous. "Ferrous containers" are steel and bimetal food or beverage cans and small, clean metal pails. "Glass bottles and jars" consist only of glass, food and beverage containers. "Hazardous waste" means any refuse sludge, or other waste material or combina- tions of refuse, sludge or other waste materials or discarded material, or a combination of refuse or discarded materials, in solid, semisolid, liquid, contained gaseous form, which because of the guantity, concentration, or chemicil physical or infectious characteristics may -TaY cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or that cannot be handled by routine waste management techniques because it (ET-poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed or ot',er livin of • . Categories of hazardous waste materials include, but are not limited to explosives, flammables, oxidizers, poisons, irritants and corrosives. Hazardous waste does not include source, soecial nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. (-Minn. sec. 116.06,_subd. 13) "Identified recoverable materials" or "identified recyclables" Means materials that can be separated from solid waste and recovered for reuse in their orig- inal form or for use in manufacturing and which have been identified in the Council's solid waste guide (ee Table 4-5). "Industrial solid waste" is solid waste resulting from industrial processes and manufacturing. It does not include hazardous wastes. "Land disposal" means the depositing of waste materials in a sanitary landfill. "Land disposal facility" means a waste facility permitted by MPCA that is designed or operated for the purpose of disposing of waste on or in the land. 89 "Land disposal site capacity" means the volume of space that is permitted to be filled at a land disposal site. "Leachate" is water that has percolated through, or has been in contact with, solid wastes and contains waste contaminants removed from the solid wastes. "Local governmental unit" means any municipal corporation or governmental sub- division other than a metropolitan county located in whole or part in the Metropolitan Area, authorized by law to provide for the' processing of solid waste (Minn. Stat., sec. 473.802). "Market development" means the location and facilitation of economic markets for materials, substances, energy or other products contained within or derived from waste (Minn. Stat., sec. 473.842, subd. 2). "Mass-burn incinerator" means a solid waste combustion facility that is designed to burn unprocessed mixed municipal waste. "Metropolitan Area" or "region" means the area over which the Metropolitan Council has jurisdiction, including the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington (Minn. Stat., sec. 473.121). "Metropolitan counties" or "counties" refers to the seven counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. "Metropolitan Council" or "Council" means the Metropolitan Council established by Minn. Stat., sec. 473.121. "Metropolitan Urban Service Area" is the portion of the Metropolitan Area in which urban development or redevelopment exists or is planned. "Mixed municipal solid waste" means garbage, refuse, and other solid waste from residential, commercial, industrial and community activities that is generated and collected in aggregate, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, and other materials collected, processed and disposed of as separate waste streams (Minn. Stat., sec. 115A.03, subd. 21). "Mixed waste paper" Consists of all short- and long-fiber papers that can be repulped. It includes printing, writing, and computing papers, magazines, food cartons, envelopes, grocery sacks and other commercial and residential waste fiber. It does not include items contaminated by other materials such as metal (an orange juice can), plastics (a envelope window, wax (milk carton) or othernonpaper materials, or waste paper contaminated by food wastes. "Mulching" means the use or placement of grass clippings or other organic mate- rials over a lawn or garden so as to improve conditions for vegetative growth. "Municipality" means a city created by or pursuant to state law. "Newspaper" consists of printed, groundwood newsprint, including glossy adver- tising inserts and Sunday-edition magazines. 90 "Organized collection" means a solid waste collection system wherein overlap of a) collection service areas and b) types of collection services is prevented or controlled. The organizing body may be public or private, and may exert its con- trol by directly providing the collection service or by contracting for collection services. "Other inorganics" consist of other noncombustible, nonmetallic material such as rocks and ceramics. "Other nonferrous" consists of metals such as copper, brass, zinc and lead. "Other organics" consist of conbustible and compostable waste not otherwise categorized. They include food waste, plastics, rubber, textiles, leather and paper that is not repulpable, as well as small quantities of other materials so mixed as to not be recyclable, "Participation rate" is the percent of eligible waste generators who regularly • participate in a given abatement program within a specified geographic area. "Percolation" refers to the movement- of a liquid through a porous substance, that is, rainwater moving through solid waste in a landfill. "Processed waste" means mixed municipal solid waste that has a) yard wastes and identified recoverable materials removed and b) been subject to a process that oxidizes part or all of its organic component or any other process resulting in an organically stabilized materials. "Processible waste" means waste materials that can be source separated or other- wise reclaimed for their material or fuel value. Waste materials that cannot be source separated or reclaimed because of emeroency situations will not be considered urocessible waste. "Pyrolysis" is the physical and chemical decomposition of organic matter brought about by the action of heat in the absence of oxygen. "Reasonably available technologies" are state-of-the-art technologies that have been applied at a commercial scale and could be implemented in a cost-effective manner. "Recovery rate" is the percent of material identified and available for waste reduction or source separation that is actually recovered through a specific abatement program. "Recycleables" means materials that can be readily separated and used or reused as a substitute for raw materials. They include, but are not limited to, paper, glass, metals, automobile oil, and batteries. "Refuse-derived fuel (ROF)" means the fraction of processedmunicipal waste that is shredded and can be used as fuel in a boiler; it consists of lighter weight materials such as paper products, with metals, glass, and other non-com- bustible materials removed. "Residential solid waste" means the garbage, rubbish, trash and other solid waste resulting from normal household activities. 91 "Residuals" means waste materials left after recovery of recycleables and pro- cessing of remaining wastes. "Resource conservation" means reducing the amounts of solid waste that are gen- erated, reducing overall resource consumption, and using recovered resources. "Resource recovery" means the reclamation for sale or reuSe of materials, sub- stances, energy, or other products contained within or derived from waste. "Resource recovery facility" means a waste facility established and used pri- marily for resource recovery. "Sanitary landfilling" is a method of disposing of solid waste on land without creating nuisances or hazards to public health or safety, by confining the waste to the smallest practical areas, reducing it to the smallest practical volume, and covering it with a layer of earth at the end of each day's opera- tion or more frequently if necessary. "Secondary materials" are the marketable or usable products derived from solid or hazardous waste through processing or separation. "Septaoe" means those solids and liouids which are removed during periodic maintenance of a septic tank, as defined in MPCA rule WPG40 (61ICAR 4.8040). "Sewage sludge" means the solid and associated liquids in municipal wastewater that are encountered and concentrated by a municipal wastewater treatment plant for disposal at a sewage sludge disposal facility. Sewage sludge does not include sludge incinerator residues and grit, scum, screenings removed from other solids during wastewater treatment. "Solid waste" is garbage, refuse and other discarded solid materials. It includes solid waste materials resulting from industrial, commercial and agri- cultural operations, and from community activities. Solid waste does not include animal waste used as fertilizer; earthen fill, boulders, rock and other materials normally handled in construction operations; solids or dissolved mate- rial in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents; dissolved materials in irrigation return flows; or other common water pollu- tants (Minnesota Pollution Control Agency, Solid Waste Regulation No. 1). "Solid waste management" means the systematic administration of activities that provide for the collection, source separation, storage, transportation, trans- fer, processing, treatment and disposal of solid waste. "Source separation" means separation of recyclable or compostable materials by the waste generator prior to collection. "Special wastes" are nonhazardous wastes that are not classified as mixed muni- cipal solid waste. They include, but are not limited to construction debris, ash, street sweepings, mining waste, sludges, tree and agricultural wastes and tires. "Storage" or "holding" means containment of solid or hazardous waste, in an approved manner, after generation and before collection for ultimate recovery or disposal. 92 "Transfer station" means an intermediate waste facility in which solid or haz- ardous waste collected from any source is temporarily deposited to await trans- portation to another waste facility (Minn. Stat., sec. 115A.03, subd. 3) "Unprocessed mixed municipal solid waste", means mixed municipal solid waste from which yard waste and identified recoverable materials have not been excluded and which has not been subject to a process which oxidizes part or all of its organic component or any other process resultingin an organically stabilized residue. "Unprocessible waste" means waste materials that cannot be source separated or otherwise reclaimed for their material or fuel value. "Waste flow designation" means a requirement by a waste management district or county that all or any portion of the solid waste that is generated within its boundaries or any service area thereof and is deposited within the state be delivered to a resource recovery facility identified by the district or county (Minn. Stat., sec.115A.81, subd. 2). "Waste district" means a geographic area extending into two or more counties in which the management of solid waste is vested in a special district established pursuant to provisions of the Waste Management Act (Minn. Stat., sec. 115A.03, subd. 32). "Waste facility" means all property real or personal, including negative and positive easements and water and air rights, that is or may be needed or useful for the processing or disposal of waste, except property used primarily for the manufacture of scrap metal or paper. Waste facilities include but are not limited to transfer stations, processing facilities and disposal sites and facilities. "Waste management" means activities that are intended to affect or control the collection, processing and disposal of wastes. "Waste reduction" is the process of reducing the amount of solid waste gener- ated. It includes product reuse, increased product life, reduced material use in product design, and decreased consumption of products. It also includes activities such as mulchina/backyard compostino of yard waste. "Windrow" means a method of centralized composting whereby materials are placed in long rows and periodically turned. "Wooden waste" consists of waste generated from tree trimming or cutting of trees, and discarded lumber. The following items are included: tree trimmings and shavings (wood chips), discarded lumber from home or commercial construc- tion sites, and other miscellaneous wooden wastes. "Yard waste" means leaves, grass clippings or other organic material created as result of lawn and garden maintenance. 93 APPENDIX: REVIEW CRITERIA INTRODUCTION The Waste Management Act (WMA) authorizes the Metropolitan Council to review and approve the following: o Waste Facility Permit Applications; o Waste Supply and Processing Contracts; o Waste District Proposals; o Waste Flow Designation Proposals; and o Certificates of Need The Council will use the review mechanisms as one method to implement the gui d e chapter. Criteria are provided in this section for conducting the reviews w i t h the exception of certificates of need (CON). Review criteria for CONs will b e added to the guide chapter after the Council approves required revisions to county solid waste master plans. Prospective applicants are encouraged to contact the Council before preparin g and submitting review requests. The information and data necessary for the review can be discussed. WASTE FACILITY PERMIT APPLICATIONS OVERVIEW A waste management facility consists of all property and easements used to store, process and dispose of solid waste. Waste facilities include transf e r stations, storage facilities, land disposal sites and waste processing faci l i - ties such as resource recovery facilities (Minn. Stat., sec. 473.121, subd. 29). They do not include property used to collect waste or facilities use d t o process scrap metal, paper, glass or other materials separated from the mix e d waste stream. Council approval is required before a waste facility in the Metropolitan A r e a can be issued a permit to operate by the MPCA. The Council has 60 days to reach its decision, unless a time extension is granted by the MPCA. In its review the Council can specify conditions to be incorporated by the agency's permit. To obtain Council approval, permit applications for proposed waste facilities must be consistent with the criteria in this section of the guide chapter. T h e WMA rquires the Council's plan for solid waste management to include criteri a that address the following aspects of proposed waste facilities: o Waste Management Service Impacts; o Capacity; 94 o Processing Techniques; o Location; o Environmental Impacts; o Operations; o Competitive Operation; and o Economic Effects. Council approval may be subject to conditions necessary to sati s f y t h e c r i t e r - ia. Where appropriate, some criteria may be met in accordance w i t h a u t h o r i t y granted local units of government to place restrictions and con d i t i o n s o n w a s t e facilities (Minn. Stat., sec. 473.811, subd. 4a). Ultimately, f a c i l i t y approval will depend on whether the proposed facility meets app l i c a b l e f e d e r a l , state and local regulations. WASTE MANAGEMENT SERVICE IMPACTS In the Metropolitan Area, waste management services are largel y p r o v i d e d b y t h e private sector. Solid waste is collected primarily by private l i c e n s e d h a u l e r s who have contracts with individual, municipalities and indust r i e s . L a n d f i l l s are operated by large national waste manaoement companies and b y s m a l l l o c a l businesses. The WA encourages provision of services by the pr i v a t e s e c t o r . The orderly transition from land disposal to waste reduction a n d r e s o u r c e r e c o v - ery requires that solid waste services continue to be provided e f f i c i e n t l y a n d economically throughout the region. To assure consistency wit h t h e R e g i o n a l System Plan in Part 4 of the guide chapter it may be necessar y t o s t a g e d e v e l o p - ment of solid waste services. Waste materials, volumes and su p p l y a r e a s m a y also have to be restricted. The WA provides the Council auth o r i t y t o p l a c e : (1) conditions or restrictions regarding the type, character and quantities of waste to be processed at a waste facility that is used primar i l y f o r r e s o u r c e recovery and (2) restrictions on the geographic territory fro m w h i c h a w a s t e facility used primarily for resource recovery may draw its wa s t e ( M i n n . S t a t . , sec. 473.823, subd. 3). Objectives Ia. Ensure the efficient and orderly transition from land dispo s a l t o w a s t e reduction and resource recovery. lb. Ensure that adequate solid waste supplies are available for de v e l o p m e n t o f solid waste facilities. Criteria la. Proposed waste facility service areas shall be consistent with t h e l a n d disposal and waste reduction/resource recovery development sch e d u l e s i n Part 4 of the guide chapter. Waste supply projections for fac i l i t y s e r v i c e areas shall be based on estimates that reflect the potential c o m b i n e d effects of other preferred waste management practices as dete r m i n e d b y t h e waste reduction/resource recovery development schedule. Facil i t y o p e r a t i o n may be delayed and/or staged to reflect the development sched u l e . R e s t r i c - tions may be placed on the type, character, quantities and ge o g r a p h i c territory of waste supplies for resource recovery facilities. 95 lb. The quantity and composition of solid waste within the proposed waste facility's service area shall be sufficient to enable economic feasibility of the facility. CAPACITY Waste facility capacity impacts waste management service conditions in the region. Service costs, site operations and alternative management methods are affected by the amount and type of operating system capacity. Facility capacities that exceed the requirements of the waste reduction/ resource recovery and land disposal development programs in Part 4 of the guide chapter may prevent or constrain the development of other preferred waste man- agement methods. For instance, excess land disposal capacity may perpetuate commitment to a less preferred management practice. Limitations on maximum capacity will, therefore, be necessary. Waste facility capacity must ensure continuous, efficient service. Some degree of redundancy is needed to ensure the facility can handle seasonal and other variations in waste flow. In addition, waste processing facilities must have sufficient capacity to meet the requirements of energy and/or materials market. Objectives 2a. Ensure that waste facility capacities meet efficient, economical service requirements. 2b. Ensure that waste facility capacities promote adaptable systems of waste management and orderly transition to waste reduction and resource recovery. Criteria 2a. Proposed waste facility capacities shall be consistent with the waste reduction/resource recovery and land disposal development schedules in Part 4 of the guide chapter. Limits may be placed on facility capacities in accordance with the timing and location requirements of the development schedules. (For purpose of this criterion, capacities refers to facility operating and design capacity.) 2b. Proposed waste facility capacities shall accommodate the projected market demand for secondary materials and/or energy and/or the projected waste supply from the areas they serve. Limits on capacities may be placed in order to stage facility development with projected market demand and/or supplies. (For purpose of this criterion, demand should be defined as "the quantity of goods that buyers will take at a particular price.") PROCESSING TECHNIQUES Major waste facilities should provide routine manaciement of continually gener- ated solid waste. These facilities must be reliable. They must operate with minimum risk to energy and recovered materials markets and to solid waste gener- ators and haulers. However, some waste processing technioues have had recurring problems that have led to increased costs and inconsistent service. 96 These include: o Damage to system components or unscheduled shutdowns resulting from adaption of equipment designed for materials other than solid waste; o Unpredicted wear resulting in frequent replacement and maintenance of system components; o Failure to attain the same efficiency and reliability at a commercial scale that was achieved on a pilot scale. Risk and reliability may be evaluated by considering the demonstrated and com- mercial success of proposed solid waste processing techniques. Such projects should be under conditions of similar facility scale, waste composition, waste supply area generation rates and proximity, and product market needs. Over time, experimental waste technologies may develop which could complement more familiar technoloaies. Initial development should focus on small-scale or demonstration-type projects. Objectives 3a. Promote the use of technically reliable and efficient processing tech- niques. Identify and resolve problems that may reduce processing efficiency and reliability. 3b. Allow for the development of new and/or experimental waste processing tech- niques to recover energy or materials. Criteria 3a. Proposed processing facilities shall use materials handling and processing techniques that are known to provide continuous, reliable and effective service, while recovering energy and/or materials that consistently meet market specifications. 3b. Facilities using new or experimental waste processing techniques shall be tested on a small-scale basis only. (A processing facility will be consid- ered experimental if its history of commercial effectiveness and workabil- ity is undocumented.) LOCATION The location of solid waste management facilities will be influenced by several factors, including availability of suitable land, proximity to markets for energy or secondary materials, proximity to major highways and sources of waste, and availability of adequate public utilities such as electric power, water supply and wastewater treatment services. Proposed sites should not create adverse social, economic or aesthetic impacts on nearby areas. Existing technology and transportation costs will restrict some waste facilities to locations near potential markets and waste generators. Proposed waste facility locations will have certain land use limitations. One measure of a location's acceptability is its degree of consistency with public land use policy and values. Metropolitan Development GuiddipoliCy_and_local . comprehensive plans represent a consensus of public attitudes and values, since 97 they_have been developed with citizen participation and adopted through the public hearing process. -Ins-6rT;e cases, it may -be -desirable to -locatelWaste facilities adjacent to or as a part of the operation of other metropolitan facilities, such as wastewater treatment plants. Once closed, waste sites may be appropriate locations for other planned metropolitan uses. For example, regional park development may be possible at closed waste facilities. The WMA gives counties the authority to override local vetoes to establish waste pro- cessing and land disposal facilities (Minn. Stat., sec. 473.811, subd. 4a and sec. 473.823, subd. 5). The Council must approve the override. Integrating facility site development with locally planned land uses, however, may be more difficult. Recent Metropolitan Area siting efforts have demon- strated the difficulty in finding locally acceptable locations for waste facil- ities. Waste facilities rarely meet local land use planning requirements. Override of local vetoes may be necessary in some circumstances. The Waste Management Act gives counties the authority to override local vetoes to estab- lish waste processing and land disposal facilities (Minn. Stat., sec. 473.811, subd. 4a and sec. 473.823, subd. 5). The Council must approve the override. Objectives 4a. Assure that proposed waste facilities are located in areas compatible, to the extent possible, with local land use plans, and existing and plann2d metropolitan systems and utilities. 4b. Assure that local land use concerns are considered in reviewing facilities proposals. Criteria 4a. Solid waste facilities should be compatible, to the extent possible, with Council land use policies. The Council will consider county and local comprehensive land use plans. Lack of compatibility with land use policies and plans shall not preclude Council approval of a waste facility, if waste management policy considerations must take precedence. 4b, Waste facility sites should be compatible with existing and planned metro- politan systems. Where appropriate, waste facilities may be operated in conjunction with other existing metropolitan system facilities. 4c. Waste facilities shall maintain proper site appearance and reasonable times of operation. To the extent possible, waste facility sites should be visually compatible with adjacent property or development. Operational areas of solid waste facilities should be screened for public view. Bar- riers, buffer zones and operating time limitations may be required to reduce nuisance problems. This criterion may be met in accordance with the authority granted counties or local units of government to place restrictions and conditions on waste facilities. 4d. Waste facility sites shall be accessible year-round by nine-ton or better weight-bearing roadways that have adequate capacity to accommodate facility generated traffic. Adequate capacity is defined as traffic moving continu- ally and steadily at a moderate speed. Access to the site should not depend on the use of local and collector streets through residential areas. 98 4e. A proposed waste facility site should be capable, to the extent possible, of being returned to a use anticipated in the plan of a metropolitan agency, county or local unit of government after closure of the facility. Land-use restrictions and closure dates may be placed on the facility com- patible with the development of future uses for the site. This criterion may be met in accordance with the authority granted counties or local units of government to place restrictions and conditions on waste facilities. ENVIRONMENTAL IMPACTS Overview Proposed solid waste facilities must be reviewed according to criteria that pro- vide for protection of public health and environmental resources. This protec- tion requires care in selecting a waste facility's location, design, types of materials accepted, methods of operation and post-closure care. Shifting to more waste reduction and resource recovery and less land disposal will result in a net improvement to the region's environment as potentially harmful wastes are captured for productive use. The volume reductions achieved by recycling and waste processing can reduce the disposal capacity needed in the region to a fraction of that required for landfilling of mixed municipal waste. The more homogeneous, more stabilized character of processed waste lowers the potential for adverse environmental impacts. The organic content in the waste is minimized, virtually eliminating the potential for methane produc- tion and dramatically narrowing the range of potential contaminants in leach- ate. Nuisance impacts--odor, noise, dust, litter and traffic--will be less for properties adjacent to disposal facilities. This benefit coupled with a lower level of environmental risk may lessen the potential for decrease in the market values of adjacent properties. Environmental concerns and protection strategies will differ depending on the type of facility and the waste material received. Land disposal facilities will require greater levels of protection for ground water resources compared to processing facilities. If waste combustion is involved, air quality will likely be the primary concern. As the region's solid waste management system evolves towards more complete reduction and recovery, the residual materials ultimately requiring land disposal will be less in volume and more homogeneous in composition, helping to assure fewer environmental impacts. Land Disposal Facilities Solid waste land disposal has often led to surface and/or groundwater contami- nation from leachate. The degree of reported contamination has ranged from a slight degradation to severe contamination with substances such as heavy metals, or9anic compounds and disease-producing organisms. Groundwater is usually very slow moving and it can be years or decades before contaminated water reaches those who use water supplies. Moreover, after the source of con- tamination has been removed it may take decades for groundwater to purge itself. The costs of remedial action to actively improve the groundwater sup- plies can be enormous. Surface water and groundwater can be protected by land- filling residual materials only and then minimizing leachate formation and its flow through proper site selection, design, operations and maintenance. There is growing evidence to indicate that the groundwater systems in the region are interconnected, implying a greater need for protection. Several of the hydro- geologic units are dissected by bedrock valleys buried with glacial drift or 99 alluvial soil deposits characterised by high groundwater flow rates. These bedrock valleys provide a hydraulic connection between deeper sedimentary bed- rock formations and the major river systems. These and other geologic features cause vertical movement between aquifers. All of the aquifers are used for drinking water to some extent. The Metropolitan Council recognized the importance of groundwater protection in its Water Resources Policy Plan Guide Chapter adopted in 1973. Policy 29 of this plan states that "solid waste disposal sites must be designed and con- structed so as to preclude contamination of groundwater. Existing facilities which are polluting the groundwater should be corrected or eliminated". It is now widely recognized that engineering controls such as liners and leach- ate collection systems must be used in new or expanded land disposal facilities to more adequately protect groundwater. Liners are intended to retard leachate seepage and provide containment for collection. Liners are usually made of recompacted clay soils or synthetic fabrics. A leachate collection system is a series of perforated pipes underlying the waste but overlying the liner to allow removal of accumulated leachate. Once collected and removed, leachate must be treated at the site or at a sewage treatment plant. Discharged leach- ate must meet the same effluent quality standards as other sources of indus- trial sewage waste. Compacted, low-permeable soils covering the top of the disposal facility will limit infiltration of water into the waste material. Installation of monitoring and a regular sampling program can determine the extent of any leachate migration from the site. Land disposal facilities containing unprocessed waste high in organic materials can produce other environmental impacts including explosive, toxic and asphyxi- ating gases. Methane, a principal component of landfill gas, has been known to accumulate in explosive concentrations and result in damage to persons and property. Landfill gas can be controlled by one or more of the following tech- niques: 1) lining the site with materials that block the subsurface flow of gas to adjacent land or into buildings off the site; 2) selectively placing mate- rial to vent and/or collect gas; and 3) pumping wells to evacuate and vent, burn or process the gas for sale. However, for some wastes, engineering controls alone are not adequate protec- tion. The first and primary means of protecting surface and groundwater resources should be the selection of locations that have hydrogeologic char- acteristics, soils, and other natural features that will contain any leachate that escapes engineered control systems. Some soils are better suited for attenuating leachate, or, in other words, reducing its potency. Favorable land disposal locations include areas with thick deposits of low permeable soils and few connections with usable water supplies. Processing Facilities Solid waste processing facilities include combustion units that recover energy, facilities that prepare the solid waste into a fuel that can be shipped (RDF), composting facilities and transfer stations. The potential environmental impacts will vary depending on the type of facility, waste feedstock and output products. Combustion facilities emit a wide array of substances into the air. The type and quantity of these emissions depends on the furnace type, fuel composition, and operational factors. Federal and state air quality standards have been 100 developed for criteria pollutants (carbon monoxide, sulfur dioxide, particu- lates, nitrogen oxides, ozone, hydrocarbons and lead), and federal emissions standards exist for certain hazardous substances such as asbestos. Continuous progress is being made to improve the methodology of health risk assessments for pollutants that do not have either emission or ambient standards. These health risk analyses are conducted on a case by case basis for all types of combustion facilities including coal fired power plants and solid waste energy recovery plants. Several strategies can be used to bring emissions within acceptable levels including installation of pollution Control devices, adjust- ing the charging rate and mixture of solid waste fuel supply, controlling air supply, and regular facility maintenance. Aesthetic and Nuisance Impacts Aesthetic and other environmental impacts that can be associated with mixed waste facilities are litter, dust, noise and odors. Facilities that handle highly processed waste should have fewer nuisance problems. Litter can be controlled by using fences, properly designing access routes and enclosing tipping areas when possible. Paving or watering access roads minimizes blowing dust from truck traffic. Noise from waste facilities can be reduced by bar- riers, berms, vegetation and buffer space. Where building walls are of lightweight construction, heavier or secondary walls can be used to reduce noise. Odors can be minimized by regularly covering the waste with soil at land disposal facilities receiving unprocessed or mixed waste. At mixed waste processing facilities, odors can be avoided by controlling air flow and pre- venting anaerobic conditions from developing in holding areas by minimizing storage time. Facility design and operating practice should provide for adequate protection of employee health and safety. Objectives 5a. To locate, design, operate, and maintain solid waste facilities so as to minimize risk to public health and environment. 5b. To reduce to the greatest extent possible environmental and nuisance impacts at land disposal facilities. Criteria 5a. Land disposal facilities shall be located, designed and operated to pre- vent, to the greatest extent possible, discharge of leachate under or beyond the site boundaries. Sites that present a high risk of ground or surface water contamination will not be approved. The following factors will be considered in determining consistency with this criterion: o The characteristics of the wastes that will be accepted; o Ability to prevent violations of state water quality standards; o Ability to prevent exceedences of U.S. Environmental Protection Agency human health risk criteria; o Ability to control unregulated substances adequately; 101 nes and o The nature of the water resources including their existing uses and potential for use (potential for use exists if a withdrawal rate of one gallon/minute can be sustained); o The underlying soils and hydrogeologic conditions (including depth to bedrock, soil texture, permeability of underlying materials and groundwater flow patterns); and o Whether the applicant's proposed engineering control and management technologies provide the levels of protection afforded by other reasonably available technologies. 5b. Sites that would adversely impact environmentally sensitive areas should not be approved. The characteristics of the specific area under considera- tion, as well as the characteristics of the wastes the proposed site would accept, will be reviewed in assessing the potential for adverse impacts. Sc. Solid waste facilities shall provide for appropriate handling and treatment of surface water runoff, wastewater and collected leachate. Sd. Suitable buffer areas, berms, barriers and vegetation shall be provided to minimize noise, odors, landfill gas migration, public safety, nuisances and other impacts on adjacent properties. 5e. Solid waste facility applicants shall develop environmental monitoring programs and contingency plans. These plans shall, as determined by the Council, address: o Protection of surface and groundwater resources; o Protection of air quality; o Protection against odors, safety and nuisance impacts; and o Conditions under which the contingency plans would be implemented. 5f. Proposed land disposal facilities or capacity shall accept only processed . municipal waste residuals in accordance with the land disposal development schedule or other special waste materials. The charkteristics of pro- cessed and special wastes will be evaluated on a case-by-case basis before they will be allowed to be land disposed. 5g. Municipal solid waste processing facilities shall be located, designed and operated so as to minimize emissions to the atmosphere. The.following factors will be considered in determining consistency with this criterion: o Ability to prevent violations of state or federal air quality standards; o Ability to control emissions for which neither ambient nor emissions standards exist; o The potential impact on environmentally sensitive ecosystems; and o Whether the applicant's proposed engineering control and management technologies provide the levels of protection afforded by other reasonably available technologies. 102 OPERATIONS Solid waste management facilities must operate safely and so that the needs of the waste generator are met regularly. Resource recovery facilities must pro- vide a consistent and dependable supply of secondary materials and/or energy. Failure to ensure such operations results in inconvenience, additional costs and public health and safety risks. Facility operators, waste haulers, waste generators, surrounding properties and markets for recovered products can be affected by poor operations. For example: o Poor equipment and improper site maintenance and safety precautions can result in injury to facility personnel, waste disposers and nearby residents; and o Poor operations can shut down facilities, often resulting in service disruptions to waste haulers and generators and service burdens on other waste facilities. The adverse effects of such operating problems may be alleviated by: o Providing facility personnel training in proper site and equipment operation and maintenance; o Providing backup systems or alternative facilities to assure continued operations during scheduled and unscheduled periods; and o Providing storage capacity and/or supplementary fuel to ensure a contin- uous supply of energy or recovered materials during periods of no collec- tions. Objectives 6a. Ensure that facility operations result in safe, regular and efficient waste management services. 6b. Ensure adequate and continued waste management services during nonoperating periods. Criteria 6a. Proposed waste facility applicants shall demonstrate ability to properly operate and maintain the facility. The Council will take into account per- sonnel training and previous operating experience in determining ability to meet this criteria. Federal and state agencies and local governmental units responsible for waste facility enforcement and public health and safety will be consulted. 6b. Proposed waste facilities shall have controlled access to prevent unauthor- ized entry and have provisions for handling wastes left at the facility illegally. 6c. Proposed waste processing facilities shall ensure regular service to genera- tors during nonoperating periods by demonstrating the availability of backup processing or disposal services. Standby procedures should be estab- lished for emergencies and periods when the facility is shut down. 103 COMPETITIVE OPERATION Public concern about environmental protection has resulted in greater public sector involvement in the waste management field. However, public sector involvement should not unnecessarily intrude upon existing, economically viable waste management activities unless necessary to achieve the objectives of waste reduction and resource recovery. New publicly supported facilities should not create an unfair advantage or restraint of trade in relktion to comparable private or public facilities already in operation. Situations in which compa- rable waste facilities may compete include: public land disposal vs. private land disposal and public waste processing vs. private or public waste process- ing. Lower disposal fees at new public facilities could lure waste collection firms away from exsisting, viable facilities, already consistent with regional solid waste system objectives. The criteria in this section do not apply to waste flow designation proposals (See Appendix: Waste Flow Designation Proposals.) Objectives 7a. Ensure that publicly supported waste facilities do not jeopardize viable, comparable waste facilities currently in operation. Criteria 7a. Public waste facility proposals shall not create an unfair or unreasonable advantage or restraint of trade in relation to viable, comparable waste facilities currently in operation unless the displacement is necessary to achieve the objectives of the waste reduction/resoure recovery and land disposal development programs in Part 4 of the guide chapter. Restrictions may be placed on facility design and operating capacities. For a resource recovery facility or transfer station serving a resource recovery facility, restrictions may be placed on facility design and operating capacities and/or on the composition, quantity and geographic territory of the waste supplies. For purposes of this criterion, "public supported" facilities Includes proposed facilities that would be owned and/or operated by public agencies and facilities that would be owned and operated by others and supported primarily by public funds or obligations. The Council will consider the following factors to determine whether waste facilities are comparable and have the potential to compete: o Consistency with the waste reduction/resource recovery and land disposal development programs in Part 4 of the guide chapter; o The design and operating capacities of the waste facilities; o The "tipping fees" charged at the facilities; o The geographic area from which the waste facilities draw their waste; o The facilities sources of funding for capital and operating expenditures; 104 o The facilities' waste supply and refuse-derived product market contracts or commitments; and o The economic requirements and viability of the facilities. ECONOMIC EFFECTS The economic effects of solid waste management, are far reaching. Jobs, collec- tion and disposal fees, and local and regional land use. and public service burdens can be affected by waste management decisions. Shifting from present disposal practices to new methods will inevitably result in higher waste manage- ment service costs. Large, centralized resource recovery plants and environ- mentally improved land disposal facilities are expensive to build and operate. Many new waste management methods will require public subsidies. Ultimately these costs will be passed on to the waste generator. The transition to better waste services, however, requires that management costs do not greatly exceed the benefits of environmental protection and resource conservation. The benefits include the avoided costs of land dispos- ing less waste, less risk to the public health and environment, fewer adverse social consequences and materials and energy resource savings. Determining the net improvement to the regional solid waste system is difficult to make because benefits can not easily be measured. To some extent these factors are unknown and beyond quantifying. Since the guide chapter represents public consensus on the risks and benefits of various waste manaoement methods and preferred alter- natives, it can be used as one measure of a facility's benefit-cost to the region. Solid waste facilities secured by public funds or obligations may increase the public economic risk. If the acquisition or betterment of a facility or site is secured by public funds or obligations pledging the full faith and credit or taxing powers of a government unit, the facility or site's costs should be covered by reasonable rates and charges for use of the facility. If property tax revenues are pledged, the public should be assured, to the extent possible, that property taxes will not be spent for an inefficient operation. Since methods of financing facilities can vary considerably, the Council will need to examine carefully the financial circumstances of facility proposals to deter- mine the extent of public debt obligation. When costs are paid, in part, from sources other than property taxes, such as corporate earnings, private stock or bond sales, and state or federal grants, property tax risks are not as great. Solid waste facilities can influence local development conditions. Resource recovery facilities may increase industrial and/or commercial development around them. Energy intensive industries and/or waste related recycling or pro- cessing facilities may be encouraged to locate close by. Such development increases tax revenues to local units of government and provides employment opportunities. There are, however, many factors involved with such development and its potential around resource recovery facilities is speculative at this time. Land disposal facilities generally do not encourage surrounding development and provide few jobs and relatively little tax revenues. Moreover, once closed land disposal facilities have limited use for subsequent development. Land dis- posal facilities may also depress surrounding property values. Few studies, though, have been done to determine the impact of undesirable facilities upon adjacent property values. 105 Solid waste facilities may require a number of public servi c e s . S u c h s e r v i c e s include water and sewer hookups, additional fire and police s e r v i c e s , l i t t e r control, installing traffic signals, road upgrading and main t e n a n c e , b u f f e r zone amenities, environmental protection, monitoring and ins p e c t i o n , a n d e n d - use planning and preparation. The costs of these services a r e g e n e r a l l y b o r n e by state, county and local governments. DispoSal charges an d p e r m i t a n d license fees can offset some costs. Counties and cities in t h e M e t r o p o l i t a n Area that have operating land disposal facilities within the i r j u r i s d i c t i o n s may charge a fee on the waste received at these facilities . T h i s a u t h o r i t y w a s granted in the 1984 amendments to the WMA to help offset loc a l p u b l i c s e r v i c e costs. The Council has made recommendations to the state le g i s l a t u r e o n m i t i - gating methods and compensation measures that should be use d t o o f f s e t w a s t e facility impacts on local jurisdictions. Objectives 8a. Minimize the costs of implementing waste reduction and resou r c e r e c o v e r y . 8b. Ensure that publicly owned, operated or funded waste facili t i e s , o r w a s t e facilities having contractural obligations with governmental u n i t s , minimize public economic risk. 8c. Minimize adverse economic effects on local communities aff e c t e d b y w a s t e facilities. Criteria 8a. A proposed waste facility's impact on regional solid w a s t e s e r v i c e c o s t s shall be reasonable. This criterion recognizes that there m a y b e s e r v i c e cost differences to generators in sectors of the Metropoli t a n A r e a a s a result of particular facilities. The Council will conside r t h e f o l l o w i n g factors in determining consistency with this criterion: o The proposed facility's cost with the cost of similar faci l i t i e s . o Rates and charges for use of the facility, and their reaso n a b l e n e s s compared with other charges within the Metropolitan Area inc l u d i n g , b u t not limited to, facilities for resource recovery, recycling, l a n d disposal and transfer stations; and o The reasonableness of any governmental charges to waste gen e r a t o r s through property taxes and other service charge mechanisms. 8b. Public waste facility proposals should,t to the extent possible, be finan- cially self-sufficient and minimize local tax payment risk. P r o j e c t e d operating revenues, including those from the sale of recover y p r o d u c t s a n d drop charges or user fees, should be adequate to pay capita l a n d o p e r a t i n g costs associated with a facility underwritten by a governmen t a l u n i t o v e r the life of the facility. The Council will consider, among o t h e r e l e - ments, the following in determining the extent of public ob l i g a t i o n a n d consistency with this criterion: o Total capital costs and the projected annual operation, a d m i n i s t r a - tion, maintenance and debt service costs of the facility; 106 o Amount, level and nature of projected revenues available for the pay- ment of facility cost over the life of the facility; o Proposed methods of financing the facility; the amount, type and pro- visions made for the security of any public indebtedness incurred to finance the facility; the size of the tax base and other financial resources backing any bonds to be issued to finance the facility; and o Any facts about the facility that could affect its continued opera- tion and realization of revenues necessary for financial self- sufficiency, including supply contracts and by-product markets. 8c. A proposed waste facility should minimally impact surrounding land use development and property values. Buffer zones, facility end use plans and closure dates compatible with local comprehensive plans may be used to mitigate such impacts. 8d. A proposed waste facility should not place burdens on the use of local public services without compensation. Services available from other governments and compensation may be used to meet facility service require- ments as provided for under state law. SOLID WASTE SUPPLY AND PROCESSING CONTRACTS The Waste Management Act (WMA) authorizes cities, counties and towns in the region to enter into long-term contracts for the delivery of solid waste to waste facilities and the processing of solid waste (Minn. Stat., sec. 473.813, sub. 1). The success of waste facility proposals often depends on long-term commitments for waste supplies and processing. With such commitments, a pro- posed facility could demonstrate economic viability, and thereby secure capital financing. It is anticipated that long-term supply and processing contracts will be entered into as facilities identified in approved county master plans proceed toward development. The WMA authorizes Council review and approval of local government supply and processing contracts longer than five years duration (Minn. Stat. sec. 473.813, sub. 2). Such reviews may be consolidated with Council waste facility permit application reviews. Processing contracts will only be reviewed if there are proposed long-term waste supply commitments. Local governmental supply and processing contracts that are less than five years in duration may be reviewed as a part of waste facility permit reviews. The criteria in this section will be used for all contract reviews. Waste facility permit review criteria will also be used if applicable. An approved contract will remain in effect unless the contract is substantially amended or revised to the extent that additional Council review is necessary. The shift to a regional system based on waste reduction and resource recovery will increase costs. Some sectors of the region initially may pay more for waste management service than others. As more of the region implements waste reduction and resource recovery, these cost inequities should decrease. For this reason, review of supply and processing contracts should focus on the long- term effects on waste management services. Maintaining waste management ser- vice costs immediately competitive region-wide should not be a prerequisite for contract approval. 107 Supply and processing contracts should incorporate flexible payment mechanisms to respond to changing facility service conditions. If waste supply volumes or recovered energy and materials market prices rise or fall, this can affect contract terms. Contracts should contain appropriate performance guarantees, equitable compensation formulas, specific clauses (for example, tonnage guarantee provisions, source separation clauses) and risk-sharing provisions. Objectives 9a. Ensure that waste supply and processing contracts facilitate implementation of the waste reduction/resource recovery development program in Part 4 of the guide chapter. 9b. Ensure that supply and processing contracts can respond to changing facility service requirements and market conditions. Criteria 9a. Waste supply and processing contracts shall be consistent with waste reduc- tion/resource recovery development program in Part 4 of the guide chapter. Waste supply and processing contracts should not prevent or adversely affect the operation or development of other waste facilities and waste management activities unless necessary to achieve the objectives of the Waste Reduction/ Resource Recovery Development Program. The following factors will be considered in determining ability to meet this criterion: o Probable effect of the contract payment structure on waste facilities and activities; o Effect on service areas and collection rates and charges; and o Effect on projects and activities required by the waste reduction/ resource recovery and development program. 9b. Increases in long-term waste management service costs as a result of waste supply and processing contracts should be reasonable with respect to the amount of processing and waste reduction/resource recovery achieved. The Council will emphasize the post five-year effects on service costs. This criterion recognizes there may be immediate increases in collection rates and charges and service cost differences as a result of particular waste facilities and activities. 9c. Waste supply and processing contracts should minimize public economic risk. Contracts will be examined for the following factors: o Quantity and duration of waste supplies and the required service area to meet minimum facility operating requirements and debt service amortization; o Method of ensuring that the waste can be provided to the facility; o Provisions to adjust drop charges and the price of energy and secondary materials produced by the facility to reflect changes in the cost for operations, maintenance, and value of materials or energy recovered; and 108 o The facility's performance guarantees and contract contingencies. WASTE MANAGEMENT DISTRICTS INTRODUCTION Under the state WMA, metropolitan counties can form waste management dis- tricts. This authority is granted to enable cdunties to implement waste management practices that would be impossible to do without districts. The Metropolitan Council has the authority to approve proposals for districts. Spe- cific operating conditions can be a part of the Council's approval. Solid waste management districts are public corporations and political subdivi- sions of the state. Two or more counties can form waste districts. Districts are officially established by the state Waste Management Board. The Board can- not establish a district wholly within or extending into the Metropolitan Area without the approval of the Council. The Council cannot approve a district unless its articles of incorporation have the same procedural and substantive responsibilities, duties and relationship to the metropolitan agencies as a metropolitan county. The Board cannot establish a district unless the counties demonstrate that they are unable to fulfill the purposes of a district through joint action. The counties must have completed a solid waste management plan before a district can be formed. The governing body of a district is made up of persons appointed by the counties. At least one person appointed by each county shall be an elected official from a governmental unit within the district. Districts have various powers including: the acquisition of property by pur- chase, lease, condemnation and gift; the right of entry; the right to accept gifts, grants and loans; the construction and operation of solid waste facili- ties and services; the setting of rates and charges for waste facilities and services of the district; the right to dispose of property; the employment of persons; and review by the district of other waste facilities within a dis- trict. Property owned, used or occupied by the district is exempt from taxa- tion by the state or any political subdivision of the state. Districts have the same rights as municipalities to issue revenue bonds. Waste districts have the power to designate the flow of waste to specific resource recovery facilities, if the designation authority is in its articles of incorporation. The WMA sets up a specific process that must be followed by the Board to establish, alter and terminate waste districts. The WMA specifies petition contents, local review and comment procedures, hearing procedures and final decision procedures to be used by the Board. REASONS FOR CREATING A WASTE DISTRICT Waste districts allow two or more counties to consolidate solid waste manage- ment authority into a single, special purpose implementing agency. District boundaries do not have to coincide with county boundaries, and thus allow counties to consolidate authority for specific geographic areas. Only one-half of the counties within a proposed district need to petition for the establish- ment of a district. This authority allows counties to bring other counties or portions of other counties into districts. With the exception of taxation, waste districts have about the same authorities for waste management as indi- vidual counties have. 109 The major reasons for creating a waste district are: 1) fiscal self-suffici- ency, 2) emphasis on technical specialization and efficiency and 3) geographic flexibility. The WMA allows districts to obtain revenues from only non-tax sources. Reven- ues can be generated directly from facility user fees or from revenue bonds amortized by user fees. Revenues can also be obtained by grants and appropri- ations from other aovernmental units. User fees, however, probably would account for most of a district's revenues. ' Districts can pursue particular service responsibilities with a high degree of technical efficiency, whereas a county frequently has to weigh competing func- tional interests against one another. Providing only special service functions gives .a district less organizational flexibility and integration than general purpose government. Specific expertise and capabilities may be easier to build in a district. A district may allow for greater geographic flexibility than managing waste, based on county jurisdictional boundaries. Certain natural, social or economic characteristics of waste management services may require a close relationship between service area and service functions. District boundaries can conform to the service area of the particular waste management functions to be provided. Since the district would only be concerned with providing waste services, it would be regarded as a service mechanism rather than a governmental device. Therefore, the general public may regard a district's service area as an inherent component of the structure. ISSUES CONCERNING . DISTRICT FORMATION Waste districts present a number of policy issues that should be considered when such proposals are evaluated. The major issues are I) consistency with solid waste goals and objectives; 2) service efficiency and equity; 3) district accountability; and 4) administrative effectiveness. A waste district should further regional and county solid waste goals and objec- tives. Although independently operating public bodies, districts will exist within the jurisdictions of planned regional and county waste management sys- tems. It is essential that district services are compatible with the services of adjacent jurisdictions and meet overall regional service objectives. Waste districts should be able to change their operations in response to chang- ing needs and problems. They need to plan and carry out their operations in a way that ensures a high-quality service, not merely a service that pays for itself. In carrying out projects and activities for land disposal abatement, districts need to keep in mind that economic considerations, though important, should not be the only factor in making decisions. Waste districts should coordinate their planning and operations with regional and county plans. Counties should carefully consider what waste management responsibilities should be delegated to waste districts to ensure an appropri- ate division of authority. A waste district should deliver efficient and effective waste services. When counties propose to form a waste district, they should demonstrate that a district would be more effective in meeting regional goals and objectives than counties acting individually or through joint-powers agreements. An important 110 consideration is a district's financial capability, which can affect the effi- ciency and effectiveness of its operations, as well as its overall success. This will 6eed to be carefully examined when it comes time to review proposals for establishing waste districts. Another consideration is equity in what rate payers are charged for waste services and the type of service they receive. All local jurisdictions and citizens in the district should receive services of similar quality and cost. Districts need to be sure they are responsive and accountab1e to public needs and demands. Proposals to form waste districts will need to be carefully examined to make sure that citizens, public officials and the private sector are involved in district decision-making and operations. One possible way of ensuring accountability is to provide for oversight of district activities by general-purpose governments or by some other interaction with them. Counties should be sure that a waste district they propose has adequate autho- rity and resources to perform its functions. At the same time, responsibili- ties given a waste district should not duplicate those of other goverhmental units, or conflict with the plans or operations of other units. Provisions for coordination between the district and other units may be necessary to avoid duplication, to encourage the mutually beneficial exchange of information, and to ensure the timing and development of projects takes place most efficiently and effectively. Another important point is that a district's service area should be drawn in a way that promotes the most effective performance of waste services. Objectives 10a. Ensure that the establishment of waste districts will facilitate implemen- tation of the waste reduction/resource recovery development program in Part 4 of the guide chapter. 10b. Ensure that waste districts are responsive to local citizens, public and private interests. 10c. Ensure that waste districts have appropriate administrative structure and capabilities to deliver services efficiently and equitably. Criteria 10a. Proposed waste districts shall be consistent with the waste reduction/ resource recovery development program in Part 4 of the guide chapter. The Council will consider the proposal's consistency with affected county master plans and local plans. The Council will evaluate the: o District's capability to meet regional objectives. o Effect of the district on other projects or districts; and o Need to consolidate solid waste planning and implementation activities with affected counties and local units of government. 10b. Waste district proposals shall incorporate in its articles of incorpora- tion, the same procedural and substantive responsibilities, duties and relationship to the Metropolitan Council and metropolitan agencies as a metropolitan county. Waste District Proposals shall also include a mechanism to ensure public involvement and review of its activities. 111 10c. Waste district proposals shall demonstrate capability to provide waste services more effectively than can be done by individual counties or by counties acting through joint agreements. The Council will consider: o Financing capabilities of the district; and o Capability of the district to implement projects and activities. 10d. Proposals shall avoid duplication of effort and demonstrate adequate sepa- ration of responsibilities. Proposals shall also provide for integration of procedures, projects and programs with affected jurisdictions to ensure mutually beneficial exchanges of information and data and coordi- nation of projects and activities. 10e. Waste district service area boundaries shall promote effective service delivery. The Council will examine social, economic, environmental and geographic characteristics that promote reasonable service area bounda- ries. WASTE FLOW DESIGNATION PROPOSALS OVERVIEW The WMA establishes a process whereby a waste district or county can be author- ized to require that solid waste generated within its boundaries, or a service area thereof, be delivered to existing or planned resource recovery facilities it designates. Using governmental controls to direct the movement of waste to a particular destination is referred to as waste flow designation or flow con- trol. Council approval of waste flow designations is required. Waste assurance simply means to assure the movement of waste from its origin to a particular destination. Waste flow designation is the most restrictive method of waste assurance. Other less restrictive methods include economic incentives to influence waste movement or contracting with waste collectors and local communities having direct control over waste movement. The extent to which waste movement must be controlled determines the waste assurance method that will be used. Waste assurance is generally used to meet the financial security requirements on resource recovery projects. Large-scale recovery facilities usually require significant capital investment. By assuring delivery of a definite quantity of waste to a facility, revenues are guaranteed from disposal fees and from sales of energy and/or materials products. The revenues provide a source of income to amortize the project's debt service. Investment commitments are tied closely to the strength of waste supply commitments. Waste assurance can also be used to facilitate other planning objectives. Waste assurance provides greater control over the various components of waste. Recyclables, hazardous components and nonrecoverable residuals may be separated and sent to appropriate facilities. The development and operation of ancillary projects may be improved with dependable waste quantities and predictable patterns of waste movement. Project type, size, location and financing can be all better controlled under such circumstances. 112 WMA DESIGNATION REQUIREMENTS The WMA sets forth a three-step process for wast e f l o w d e s i g n a t i o n . T h e c o u n t y or waste district must: 1) have adopted a solid was t e m a s t e r p l a n t h a t i n c l u d e s a designation plan; 2) hold a public hearing on the d e s i g n a t i o n a n d , i f p o s - sible, negotiate contracts with users of the reco v e r y f a c i l i t y ; a n d 3 ) a d o p t a designation ordinance. Both the designation plan a n d o r d i n a n c e r e q u i r e C o u n c i l approval. The WMA exempts from designation: 1) waste that i s g e n e r a t e d w i t h i n t h e s t a t e , but deposited outside of the state; 2) materials t h a t a r e s e p a r a t e d f r o m s o l i d waste and recovered for reuse in their orignal f o r m o r f o r u s e i n m a n u f a c t u r i n g processes; and 3) materials that are processed a t a n o t h e r r e s o u r c e r e c o v e r y facility at the capacity in operation at the tim e t h e d e s i g n a t i o n p l a n i s approved. In addition, at the time the Council a p p r o v e s t h e d e s i g n a t i o n p l a n , materials must be excluded from designation that w i l l b e p r o c e s s e d a t p o t e n t i a l resource recovery facilities the Council is conv i n c e d w i l l b e s u b s t a n t i a l l y c o m - pleted within 18 months. Operators or owners of p r o p o s e d r e c o v e r y f a c i l i t i e s must file with the Council for the exclusion. The WMA requires designation plans to evaluate: 1 ) t h e b e n e f i t s o f t h e d e s i g n a - tion and how it furthers local and regional wast e m a n a g e m e n t p l a n s a n d p o l i c i e s as well as state policies and purposes; and 2) the e s t i m a t e d c o s t s o f t h e d e s i g - nation and its long-term effects. Particular ar e a s t h e W M A r e q u i r e s d e s i g n a - tion plans to evaluate include: o Whether the designation will result in the recove r y o f r e s o u r c e s o r e n e r g y from materials that would otherwise be wasted; o Whether the designation will lessen the demand fo r a n d u s e o f l a n d disposal; o Whether the designation is necessary for the fina n c i a l s u p p o r t o f t h e facility; o Whether less restrictive methods for ensuring an a d e q u a t e s o l i d w a s t e supply are available; and o What other feasible and prudent waste processing a l t e r n a t i v e s a r e a v a i l - able for accomplishing the purposes of the desig n a t i o n , a n d t h e i r c o s t s and effects on the cost to waste generators. If these points are adequately addressed, the des i g n a t i o n p l a n i s t o b e approved. The Council has 90 days to reach a dec i s i o n a f t e r a d e s i g n a t i o n p l a n has been submitted. Once the plan has been approved, t h e c o u n t y o r d i s t r i c t must hold a public hearing on the designation an d n e g o t i a t e c o n t r a c t s , i f possible, with solid waste collectors expected t o u s e t h e r e c o v e r y f a c i l i t y . At the end of the negotiation period, the county o r d i s t r i c t c a n p r o c e e d w i t h preparation of a designation ordinance. The ordi n a n c e m u s t s p e c i f y t h e e x a c t nature, geographical area, requirements and gove r n i n g r e g u l a t i o n s o f t h e designation. The county or district must submit the designati o n o r d i n a n c e a n d a n y l o n g - t e r m negotiated contracts to the Council for approva l . T h e C o u n c i l h a s 9 0 d a y s t o complete its review and reach a decision on the o r d i n a n c e o r c o n t r a c t s . I f t h e Council determines that the ordinance is based o n a n a p p r o v e d d e s i g n a t i o n p l a n 113 and that the county or district has followed the required procedures regarding the public hearing and negotiatina contracts, the Council must approve the ordinance. The Council may attach conditions to its approval. The designation authority may amend the designation ordinance with the approval of the Council. The WMA requires the Council to monitor the effectiveness of any designations. The designation authority must submit regularly to the Council reports on imple- mentation of the designation. The Council is 'required to periodically evaluate the effectiveness of the designation and whether state purposes and policies are being met. ISSUES CONCERNING WASTE FLOW DESIGNATION The merits of waste flow designation have been publicly debated for a number of years. Concern has focused largely on the effect designation would have on the competitive nature of the region's waste services. Waste flow designation imposes limitations on both waste movement and available waste facility options. Waste collectors will have limited choice on where to take the waste once it is collected. Such controls could substantially change the present competitive service arrangement in parts of the region. Notwithstanding, since present waste services do not fully internalize their costs, economic considera- tions should not be the only basis for evaluating waste designation proposals (see Part 3 of the guide chapter). Total service impacts must be analyzed, including resource recovery objectives designation may further. Factors that should be evaluated include: o Whether the designation furthers the objectives of the Waste Reduction/ Resource Recovery Development Program in Part 4 of the guide chapter; o Whether the designation is necessary for financial support and whether less restrictive waste assurance methods are available; o Maintaining incentives for designated resource recovery facilities to operate efficiently; o The effect changes in waste supplies and other waste reduction/recovery activities will have on the designation; and o Enforcement methods to ensure compliance with designation. Waste flow designations should be carefully evaluated to assure furtherance of state and regional waste management policy. Designation proposals must demon- strate that the use of land disposal will be reduced, and that the development of other waste reduction and recovery methods will not be jeapordized. The costs and benefits of using alternative recovery measures in place of the pro- posed designation activities must be evaluated. Designation proposals will also have to scrutinized to determine to what extent ancillary activities may benefit, such as improving the operation of source separation and composting programs because of greater control over various waste components. Periodic monitoririg will be necessary to assure designation continues advancement of state and regional policy. Waste designation will be necessary to support the financial feasibility of some projects and activities. The financing instruments being considered will have to be carefully examined to determine if designation is absolutely required, or whether other methods of waste assurance could be used. Other 114 methods may include: economic incentives; entering into long-term waste supply contracts; .placing restrictions on the use of other waste facilities; and main- taining certain controls over waste collection services. It may be possible, to use designation in conjunction with other methods, with designation providing a backup mechanism if the other methods do not work as anticipated. Alternative financing methods may also have to be evaluated if they result in the use of other assurance methods. By guaranteeing waste supplies, designation may remove economic incentives for private operators of resource recovery facilities to contain expenses and pro- vide responsible service. Facility operators would not have to be concerned that high prices or poor services would result in waste collectors taking the refuse elsewhere. Close public scrutiny of facility performance is, therefore, necessary to ensure efficient operations. Contractural and financing/ownership between governmental units and private facility owners can be used to ensure accountability and efficient performance. The Council is authorized to approve long-term waste supply and processing contracts between local governmental units and private operators (see Appendix: Solid Waste Supply and Processing Contracts). It is important to take into account the effect changes in waste supplies and other waste reduction/resource recovery activities will have on the designa- tion. Solid waste supplies generated within the designation will be committed to go to the designated facility or facilities, with the exception of the exemptions authorized by the WMA and exclusions for other recovery facilities authorized by the Council. The designation will commit the waste supplies for a specified period of ttme, usually the capital debt service period for the activities being financed. This period of time could be as long as 20 to 30 years for facilities requiring significant investment. Fluctuations in the waste supplies, seasonal variations and changes due to the impact of other recovery programs, must be anticipated during the period of the designation, as well as, changes in the designated facility's operating capabilities, such as future expansions and terminations. Designations will, therefore, have to be carefully reviewed for compatability with long-range plans for solid waste activities and the effect of authorized waste supply exemptions and recovery facility exclusions. Over time it may be necessary to change certain features of the designation, including its jurisdictional boundaries, to account for changes in waste supplies and solid waste activities. Finally, implementation of a designation requires enforcement to ensure com- pliance. Because designation imposes higher costs initially, waste collectors may simply refuse to comply and continue to use less expensive non-designated disposal facilities. It may be particularly difficult to enforce a designation if a large number of collection vehicles and firms are affected. The jurisdic- tional boundaries of the designation will have to be examined to determine if compliance can be reasonably enforced. Designation ordinances will also have to be examined closely to assure that adequate enforcement mechanisms will be used. Methods, such as levying fines, marking collection vehicles with distin- guishable identifications and inspecting non-designated facilities, should be considered. Cooperative enforcement arrangements with jurisdictions outside the designation may be necessary. Objectives Ha. Ensure that waste flow designations facilitate implementation of the Regional System Plan. 115 11b. Ensure that waste flow designations, to the extent possible, mininize adverse impacts on waste collection patterns and services. 11c. Ensure that waste flow designations have appropriate administrative capabilities to deliver services efficiently and equitably. 11d. Ensure that waste flow designation is needed and that less restrictive methods are not available that would accomplish the same purposes and results as the designation would. Criteria ha. Proposed waste flow designations shall be consistent with the regional solid waste system plan and policies. Proposed designations shall demon- strate that a significant reduction in demand (at least 40 percent is recommended) for land disposal capacity will occur for the waste generated in the designated area during the period of the designation. The Council will evaluate: o The designation's capability to further the objectives of waste reduction and resource recovery development program in Part 4 of the guide chapter. o The extent to which the use of land disposal is reduced; o The effect of the designation on existing and proposed solid waste projects and activities; o Consistency with county solid waste master plans; and o Consistency with state policies and purposes. 11b. Proposed waste flow designations shall demonstrate that efficient facility operations and performance will be maintained. The Council will evaluate: o The extent to which public contractural and financing/ownership arrange- ments with private operators will ensure accountability and less risk of inefficient performance. o The effect the designation will have on waste service delivery costs; and o The effect on performance without the designation. 11c. Proposed waste flow designations shall have adequate solid waste supplies during the designation period. It may be necessary to amend the designa- tion at a later time period to account for changes in waste supplies. Factors that will be considered include: o The seasonal variation and projected growth rates of solid waste supplies; o Proposed expansions or terminations of the designated facility that may occur in the future; 116 o The impact on solid waste supplies by other existing and proposed solid waste projects and activities; and o The effect on solid waste supplies of exemptions authorized under the WMA and recovery facility exclusions authorized by the Council. lid The jurisdictional boundaries of the proposed waste flow designation shall promote efficient service delivery. The Council will examine the economic and geographic characteristics that promote reasonable service area boundaries. 11e. Proposed waste flow designation ordinances and other controls that may be necessary shall demonstrate that adequate enforcement mechanisms exist to ensure compliance. Enforcement arrangements with local jursidictions and jurisdictions outside of the designated area may be necessary to ensure compliance. llf. Proposed waste flow designations shall demonstrate that designation is necessary for the financial support of the projects and activities. The Council will evaluate: o Alternative methods of financing the proposed activities; o Whether other methods of waste assurance can be used or not; o The costs and benefits of using alternative recovery measures in place of the designation activities; and o Whether resource recovery is feasible without the designation. 11g. Proposed resource recovery facility exclusions shall demonstrate that they will be substantially completed within 18 months from the time the designation is approved and capable of sustaining viable operations. The Council will examine: o The strength of waste supply and product market commitments; o The ability to secure a location for the project or activity; o Whether a commercially demonstrated technology will be used or not; and o The ability to obtain all necessary permits and approvals and complete construction. CERTIFICATE OF NEED The 1984 amendments to the Waste Management Act specify that no new land dis- posal capacity for mixed municipal solid waste shall be permitted in the Metro- politan Area without a certificate of need issued by the Council indicating that the additional disposal capacity is needed. After the counties have sub- mitted their solid waste master plans, the Council will amend the guide chapter to include standards and procedures for certifying need. The standards and procedures will be based on the Council's waste reduction/resource recovery and land disposal development schedules. The WMA requires that the Council certify need only to the extent that there are no feasible and prudent alternatives to land disposal. Alternatives that are speculative or conjectural cannot be 117 deemed to be feasible and prudent. Economic considerations alone cannot justify the certification of need or the rejection of alternatives. Candidate landfill sites eliminated from consideration in the Council's regional inven- tory or by the county site selection authorities cannot be considered as alternatives. Table 4-7 PERCENT RECOVERY BY COUNTY BY YEAR FOR CENTRALIZED PROCESSING FACILITIES 1991 1996- County 1985 1986 1987 1988 1989 1990 1995 2000 Anoka 2 2 2 4-19 19-57 80 80 80 Carver 0 0 0 0 0-29 82 82 82 Dakota 2 2 2 4-14 14-57 80 80 80 Hennepin 2 2 2 2-11 11-57 80 80 80 Ramsey 1 1 1 5-57 67-72 77 77 77 .Scott 18 18 18 18 18-29 83 83 83 Washington 19 19 19-25 25-57 67-72 79 79 79 Total 48 48 81 509 1,179 1,681 8,669 9,089 (tonnages in 1,000s) Metropolitan 2 2 4 25 57 80 80 80 Area (Percent of Regional Total) SE1654-PHENV2 02.25.85 118