HomeMy WebLinkAboutOrdinance - 40-90 - Rescinding Ordinance No. 31-90 Moratorium - 11/20/1990 i
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 40 - 90
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA REPEALING
ORDINANCE NO. 31-90 WHICH TEMPORARILY PROHIBITED 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. The owner of Flying Cloud Landfill
( "Landfill" ) located in the southwest quandrant of the intersec-
tion of Pioneer Trail and Highway 169 consisting of approximately
seventy-two (72) acres made application to the Minnesota
Pollution Control Agency ( "MPCA" ) to expand the Landfill both ver-
tically and horizontally with the horizontal expansion to encom-
pass an additional forty-two (42) acres . MPCA proposed a draft
permit for the expansion of the Landfill. The City and others
requested and were granted a contested case hearing on the pro-
posed draft permit .
The Landfill was found to have been polluting the ground .
water and lands in and around the Landfill.
An expert retained by the City, Dr. Clyde Hertzman, stated
that in his opinion "it would be premature to approve a new
housing project in the vicinity of the" Landfill "until it has
been decided whether or not the site will be reopened." He
further stated, "if the site is not reopened, there should be no
problems. "
Based upon the foregoing recommendation, the Council adopted
Ordinance No. 31-90 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 the Landfill.
On October 23 , 1990 the MPCA, pursuant to the withdrawal of
by the owner of its application for the expansion of the Landfill
and its request to dismiss the contested case proceeding as moot,
made its order, which became final on October 31, 1990, dismissing
the contested case.
Inasmuch as the Landfill will not be reopened it is un-
necessary to continue to restrict and prohibit the development of
lands in the vicinity of the Landfill.
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Section 2. Ordinance No. 31-90 is repealed.
Section 3. This ordinance shall become effective from and
after its passage and publication.
Section 4. FIRST READ at a regular meeting of the City
Council of the City of Eden Prairie on ther:20-01 day of
1990, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City
on the 4tl,\ day of DeaM�)Oar 1990 .
ATTEST:
i y k Mayor -
PUBLISHED in the Eden Prairie News on the day of
e Prn�°�tJ►"' 1990 .