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HomeMy WebLinkAboutOrdinance - 31-90 - Declaring Moratorium on Building by Landfill - 08/08/1990 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 31-90 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA TEMPORARILY PROHIBITING AMENDMENTS OF THE CITY'S GUIDE PLAN AND CITY CODE CHAPTERS 11, RELATING TO ZONING, AND 12 , RELATING TO SUBDIVISIONS OF LAND, WITH RESPECT TO LANDS WITHIN 2,700 FEET OF THE PROPOSED EXPANSION OF FLYING CLOUD LANDFILL. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. Findings . There is located in the southwest quandrant of the intersection of Pioneer Trail and Highway 169 the Flying Cloud Landfill ( "Landfill" ) consisting of approxima- tely seventy-two (72) acres . The owners of the Landfill have made application to the Minnesota Pollution Control Agency (MPCA) to expand the Landfill both vertically and horizontally with the horizontal expansion to encompass an additional forty-two ( 42) acres . The elevation of the expanded Landfill when capped would be approximately 923 feet above sea level. The Landfill has been polluting the ground water with • approximately thirty (30) volatile organic compounds (VOCs) , which have contaminated water underlying and in proximity to the Landfill, including the Prairie Du Chien Aquifer. The VOCs have spread off-site into seeps and springs in the adjoining Minnesota Valley National Wildlife Refuge and wetlands. Contaminants con- tain known cancer causing agents . There is evidence of contamination of soil gas and ground water with chlorinated and non-chlorinated volatile organic com- pounds , in and around the Landfill, including the Minnesota River Valley bluff adjacent to the Landfill. Most recently the City has become aware that methane gas has also been detected in the Minnesota River Valley bluff beyond the area of the filled por- tion of the Landfill. An expert retained by the City, Dr. Clyde Hertzman, stated that contamination in and around the Landfill is similar to that which was found in a study of the Upper Ottawa Street Landfill in Canada. He also stated that the VOCs found in and around the Landfill are capable of producing mood and narcotic symptoms similar to those which were found in the study. Evidence indica- tes that concentrations of VOCs which are known to have narcotic and anesthetic properties were found at the Landfill at levels at or exceeding standards for workroom air in Canada and the United States . Many of the VOCs are heavier than air and will tend to travel along the ground when released. Certain of the lands in -1- the vicinity of the Landfill are at elevations lower than 923 feet above sea level which may provide pockets for the collection • of the heavier than air VOCs. Evidence also indicates the presence of hydrogen sulfide at the methane flare inlet. Concentrations of hydrogen sulfide in excess of 90 parts per million were found. Problems with respiratory and eye irritation have been reported with hydrogen sulfide exposures as low as five parts per million. Industrial carcinogens, benzene and vinyl chloride were found in some soil gas samples in concentrations near or exceeding occupational standards . Seeps in the area of the Landfill contain Dichlorodifluoromethane, Dichlorofluoromethane, vinyl chloride and benzene. Vinyl chloride and benzene are known and confirmed human carcinogens . Dichlorofluoromethane, also known as Freon 21, is toxic to the liver and central nervous system. Dichlorodifluoromethane is also neuro toxic, as is Dischlorofluoromethane. Dr. Hertzman is of the opinion that the expansion of the Landfill poses a potential threat to the health of residents similar to that experienced at the Upper Ottawa Street Landfill site. That study concluded there is a valid, positive association between adults residing near a landfill and several analyzed health conditions, including respiratory conditions, skin conditions , certain central nervous system and mood symptoms. Respiratory conditions include bronchitis, shortness • of breath, cough and phlegm. Skin conditions include rashes and dry or itchy skin. Narcotic symptoms include frequent or severe headaches , frequent dizziness , blurred vision, constant fatigue, lethargy and drowsiness and problems with balance, coordination, reaction time and clumsiness . Mood symptoms include insomnia, frequent feelings of anxiety or depression, irritability, hyperactivity or restlessness and learning or memory problems. It is Dr. Hertzman's opinion that it would be prudent and reasonable to withhold approval of new housing projects within 2,700 feet of the Landfill until it is decided whether the Landfill will be re-opened and that if it is re-opened it would be important to conduct airborne monitoring studies to insure that effluents from the site would not get into the new develop- ment under worst case operating conditions . Section 2. Purpose. In order to protect the planning pro- cess and the health, safety and welfare of those who would become residents of those areas hereafter described, (a) Study Authorized, Staff is authorized to conduct a study for the purpose of considering amendments of the City's Guide Plan and City Code Chapters 11, relating to zoning, and 12, relating to subdivisions of land with respect to lands within 2,700 feet of the proposed expansion of Flying Cloud Landfill; and -2- (b) Prohibitions, No amendment to the City's Guide Plan or City Code Chapters 11, relating to zoning, or 12, relating to subdivisions of land, with respect to lands within 2700 feet of the proposed expansion of Flying Cloud Landfill shall be made or permitted for a period of one (1) year from the effective date hereof and for such additional periods as may be deemed appropriate, and as determined by action of the Council by the amendment of this ordinance, not exceeding a total additional period of eighteen (18) months . Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular me ting of th City ouncil of the City of Eden Prairie on the ��v► day of 1990, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the � �n day of *-dPrnher , 1990. ATTEST: i Clerk Mayor P BL SH D in the Eden Prairie News on the 0�77 day of Q 1990 . -3- CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.3190 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA tEMPORARILY PROHIBITING AMENDMENTS OF THE CITY'S GUIDE PLAN AND CITY CODE CHAPTERS 11,RELATING TO ZON- ING,AND 12,RELATING TO SUBDI- VISIONS OF LAND,WITH RESPECT TO LANDS WITHIN 2,700 FEET OF THE PROPOSED EXPANSION OF PLYING CLOUD LANDFILL. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS: Affidavit of Publication Secretion 1.Findings.There is located in the southwest quadrant of the Southwest Suburban Publishing intersection of Pioneer Trail and High- way 169 the Flying Cloud Landfill ("Landfill")consisting of approximately seventy-two(72)acres. The owners of the Landfill have made State of Minnesota ) application to the Minnesota Pollution Control Agency(MPCA)to expand the )SS Landfill both vertically and horizontally with the horizontal expansion to encom- county of Hennepin ) pass an additional forty-two(42)acres. The elevation of the expanded Landfill Stan Roifsnul,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known when capped would be approximately as the Eden Prairie News and has full knowledge of the facts herein stated as follows: 923 feet above sea level. (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided The Landfill has been polluting the by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. ground water with approximately thirty (30)volatile organic compounds(VOCs), (B)The printed public notice that is attached to this Affidavit and identified as NoA was published on which have contaminated water underly- the date or dates and in the newspaper stated in the attached Noti ce,ce,and said Notice is hereb incorporated as part ing and in proximity to the Landfill, of this affidavit. Said notice was cut form the columns of the newspaper specified. Printed below is a copy of the including the Prairie Du Chien Aquifer. lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used The VOCs have spread off4te into seeps in the composition and publication of the Notice: and springs in the adjoining Minnesota Valley National Wildlife Refuge and abcdefghijklmnopgrstuvwx z wetlands. Contaminants contain known cancer causing agents. There is evidence of contamination of soil gas and ground water with chlo- By: rinated and non-chlorinated volatile Stan Rolfsrud,General Manager organic compounds, in and around the Landfill, including the Minnesota River Subscribed and sworn before me on Valley bluff adjacent to the Landfill. Most remntly the City has become aware that methane gas has also been detected in the Minnesota River Valley bluff beyond this day of '1990 the sees of the filled portion of the Landfill. An expert retained by the City, Dr. Clyde Hertzman,stated that contamina- doe in and around the Landfill is similar to that which was found in a study of the Notary ublic Upper Ottawa Street Landfill in Canada. He also stated that the VOCs found in and around the Landfill are capable of RATE INFORMATION producing mood and narcotic symptoms similar to those which were found in the study. Evidence indicates that eoncen- Lowest classified rate paid by commercial users for comparable space.............................. $9.44 per column inch trations of VOCs which are known to Maximum rate allowed b law for the above matter y $9.44 per column inch have narcotic and anesthetic properties gate actually charged for the above matter............................................................................ $5.56 r column inch were found at the Landfill at levels at or y g per exceeding standards for workroom air in Canada and the United States.Many of the VOCs are heavier than air and will tend to travel along the ground when released. Certain of the lands in the vi- cinity of the Landfill are at elevations lower than 923 feet above sea level which may provide pockets for the collection of the heavier than air VOCS. Evidence also indicates the presence of hydrogen sulfide at the methane flare inlet. Concentrations of hydrogen sul- fide in excess of 90 parts per million were fatted. m Mesas wilk sapie 'my an4 "a bdUMN bove as•tt�ttttl —t Wcr'�_ , _ . , fa:_f;A it _ rm -,;1�Y concentrations near or exceeding;occu- pational standards. Seeps in the area of the Landfill contain Dichlorodifluorom- ethane, Dichlorolluoromethane, vinyl chloride and benzenc. Vinyl chloride ,-md bprzene a.re known and confirmed human c,-lr6nogens. Dichlorofluorom- ethane,also known as Freon 21,is toxic to the liver and central nervous system. Dichlorodifluoromethane is also neuro toxic, as is Dischlorofluoromethane. Dr.Hertzman is of the opinion that the expansion of the Landfill poses a potential threat to the health of residents similar to that experienced at the Upper Ottawa Street Landfill site. That study concluded there is a valid,positive asso- ciation between adults residing near a landfill and several analyzed health conditions, including respiratory condi- tions, skin conditions, certain central nervous system and mood symptoms. Respiratory conditions include bronchi- tis,shortness of breath,cough and phlegm. Skin conditions include rashes and dry or itchy skin. Narcotic symptoms include frequent or severe headaches, frequent dizziness, blurred vision, constant fa- tigue,lethargy and drowsiness and prob- lems with balance, coordination, reac- tion time and clumsiness. Mood symp- toms include insomnia, frequent feel- ings of anxiety or depression,irritability, hyperactivity or restlessness and learn- ing or memory problems. It is Dr. Hertzman's opinion that it would be prudent and reasonable to with- hold approval of new housing projects within 2,700 feet of the Landfill until it is decided whether the Landfill will be re- opened and that if it is re-opened it would be important to conduct atrlborne moni- toring studies to insure that effluents from the site would not get into the new development under worst case operating conditions. Section 2. Purpose. In order to pro- tect the planning process and the health, safety and welfare of those who would become residents of those areas hereaf- ter described, (a) Study Authorized, Staff is au- thorized to conduct a study for the pur- pose of considering amendments of the City's Guide Plan and City Code Chap- ters 11,relating to zoning,and 12,relat- ing to subdivisions of land with respect to lands within 2,700 feet of the proposed expansion of Flying Cloud Landfill;and (b) Prohibitions, No amendment to the City's Guide Plan or City Code Chap'e_r. 11,relating to zoning,or 12,relating to subdivisions of land,with respect to lards within 2700 feet of the proposed expan- sion of Flying Cloud Landfill shall be made or permitted for a period of one(1) year from the effective date hereof and for such additional periods as may be deemed appropriate, and as determined by action of the Council by the amend- ment of this ordinance,not exceeding a total additional period of eighteen (18) months. Section 3. This ordinance shall be- come 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 day of ,1990,and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of September, 1990. ATTEST: John D.Franc City Clerk Gary D.Peterson Mayor (Published in the Eden Prairie New; Thursday,September27,1990,No.5997) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) Bluffs West 9th Addition )SS. CITY OF EDEN PRAIRIE t NNE'PIN COUNTY,MINNESOTA County Of Hennepin ) ORDINANCE NO.32-90-PUD-11-90 AN ORDINANCE OF THE CITY Stan Rolfsmd,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known R EDEN PRAIRIE, MINNESOTA, as the Eden Prairie News and has full knowledge of the facts herein stated as follows: MOVdI`it1 CERTAIN LAND FROM (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided DNRZOMNGDISTRICTANDPIAC- by Minnesota Statute 33 1A.02,331A.07,and other applicable laws,as amended. IT IN ANOTHER, AMENDING nMIZONING WlTIr1IN THE-111-13.5 (B)The printed publicnotice that is attached to this Affidavit andidentifiedasNo./j?/(ll ,waspublishedon DISTRICT, AND AMENDING THE the date or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part ALrDwRIPTION OF LAND IN of this affidavit.Said notice was cut form the columns of thenewspaper specified.PrintedbeIowisa copy ofthe F,&,CH DI MKT, AND ADOPTING lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used REPERLrNCE CITY CODE CHAP- in the composition and publication of the Notice: I A9 SECTION 11.9,WHICH, AMONG OTHER THINGS,CONTAIN abcdefghijklmnopgrstu MALTY PROVISIONS. 4 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- SOTA,ORDAINS: B Summary: This Ordinance allows Stan Rolfsrud, General Manager rezoning of land located north of Bluestein Lane and west of Bennett Place,from the Subscribed and sworn before me on R1-22 Dibtrict to the R1-13.5-PUD-11- 90 Zoning District and amendment of zoning within the R1-13.5 Zoning Dis- trict,subject to the terms and conditions this�_�day of 1991 of a developer's agreement. Exhibit A, THERESA M. LAW noraaY PUat.(c included with this Ordinance, gives the HENNEPIN COUNTY full le de=*ift Of operty. MY co.mmissfoN ExP(AE5 3"g96 EfectiveDate: Thi# shall Lt�� take effect upon publication. Not ry Public AT'IPM: John D. `' `�` ou RATE INFORMATION �gl�B.Tom,� (A full copy of the text of this Ordinance is available from the City Clerk) (Published in the Eden Prairie News Lowest classified rate paid by commercial users for comparable space.................. $10.12 per column inch Thursday,June 20,1991;No.6181) Maximum rate allowed by law for the above matter.................................................. $10.12 per column inch Rate actually charged for the above matter ................................................................ $5.84 per column inch