Loading...
HomeMy WebLinkAboutSP July 26, 1984 ~ 01 ANDOVER SPECIAL CITY COUNCIL MEETING - JULY 26, 1984 MINUTES A Special Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on July 26, 1984, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN, for the purpose of discussing the progress on the landfill situation. Councilmen present: Elling, Knight (arrived at g:OO), Lachinski, Orttel Councilmen absent: None A lso present: Co-Chairman of the SW-28 Group, Bruce Borgerding; Anoka County Sheriff's Deputy, Sgt. Mathushenko; Members of the Citizens Committee, Nicola Gengler, Dave Grorud, Bill Hupp; Members of the Hazardous Waste Committee, Terry Reuther, Merlyn Prochniak, Doug Steele; Interested residents, Keith Jensen, Dale Mark; and City Clerk/A. Administrator, P. K. Lindquist Mr. Borgerding stated they were not pleased with what came out of the last meeting on the landfill situation. He stated the generators want an understanding of each other and want to assure the city and residents they will proceed in good faith because cooperation is needed by all parties concerned. Mr. Borgerding stated they have changed their engineering consultant effective last Friday. They have hired the firm of Conestoga-Rovers and Associates out of Waterloo, Canada. The firm has worked on approximately 40 other projects and has a great deal of expertise in all phases of this field. The firm of Hickok did a fine job for them while on site and they will help in the transition, but it reached a point where the generators felt Hickok was beyond their capabilities in this particular project. And the generators only want to be on site one time, not wanting the PCA or EPA to have to come back again. Secondly, Mr. Borgerding stated at the MPCA Board meeting last week, another eight parties have been included for requests for remedial action. The PCA has been asked to investigate the records of these parties and join the invèstigation of the generators or face the penalties of approximately $20,000 a day. The parties are individuals and corporations, but a very important step for them is that Ron Roth has been named as an individual. They will also continue to get Mel Roth named as an individual to this action as well. Mr. Borgerding then answered questions of the various parties present. He stated the change of consultants does not change the time table, and Conestoga-Rovers feels they can make up any time that was lost. The time table is still 120 days for the hazardous waste pit and 180 days for the landfill. The starting date for that time period is not exactly known. They had been told that on July g the signatures were in place by the Agencies. But they have also been told that an unauthorized individual had signed for the MPCA, and it is a question now as to whether or not that s'Ígnature has any validity. But as far as the generators are concerned, the time table started as of July g. They have also received verbal approval to hire Conestoga-Rovers. The MPCA attitude toward the firm has been very favorable and the Agency is familiar with the work of that firm. The MPCA has worked with Conestoga-Rovers on two other projects, Honeywell and FMC. Conestoga-Rovers had their drillers in place last Friday. He will be meeting with them tomorrow to finalize the agreement, and it will take them one week to get their people on site. They will not be waiting for the Agencies' approval. Mr. Borgerding also stated there will be modifications made to the agreement, but he was not sure what they wi 11 be. It will be nothing major. There will be a change of laboratories, and Conestoga-Rovers has stated it would be no problem because the lab was used on the FMC project. This laboratory is out of Tennessee. The turnaround time for this lab should be a week. The new consultant will use all the information that has been drawn to date and use the wells that are already in place. But they are required to put in many more Special City Council Meeting July 26. 1984 - Minutes Page 2 wells, and that is the point where Conestoga-Rovers will begin. Because of the FMC action, Conestoga-Rovers has an office in the metropolitan area which is minimally staffed. Mr. Steele stated the people are going to want to know how long it will be before the waste is removed from the pit. Mr. Borgerding stated that is an open question. The study is something they are being forced to do. He stated at the time of the consent order, the intention of the generators was to clean up the pit and alleviate the most dangerous problem. The 1'è:.-ð.r of the Agencies was once the pit was cleaned, the generators would not be held responsible for the landfill. So through negotiations, they were forced not'to clean up the pit at that time. The 120 days will give them time to do the study and determine what has to be done with that pit. In discussing the pit further with Mr. Borgerding, those present generally felt that the only logical and acceptable solution would be to remove the contents of the pit. Mr. Borgerding stated the studies should determine what is leaking and from where, the reports being that there has been hazardous waste dumped into the landfill itself as well. They are dependent on their consultant as to what remedial action would be proposed. Assuming the pit would be removed, if the generators would not come forward to do that phase of the cleanup, they are required to fund a trust of $1 million. The Agencies would then use Superfund monies to clean it up and bill the generators. If they get to that point, Mr. Borgerding believed the generators would clean it up themselves. Mayor Windschitl asked where the results of the tests will be kept on file. Mr. Borgerding stated they should be at the MPCA, and he assumed the generators group will also have copies, as all of Conestoga-Rovers' records are the generators' records as we 11 . They have required Conestoga-Rovers to keep all records for five years. The MPCA will also have project leaders on site, and results of tests done on site will be given to the Agency at that time. Mr. Borgerding stated the concern they had with Hickok and Associates was of lack of communication. Over a course of a two-week period, their costs went from $350,000 to $715,000 without any advance notice; and the group of generators was shocked and outraged about it. It created such turmoil within the group it made it difficult for Hickok to continue on. It was also felt that the group needed a stronger voice in negotiating with the Agency, and Conestoga-Rovers gives them that. Mr. Borgerding also stated the PCA is requiring them to drill five more wells through the landfi 11. The group of generators is concerned about that, given the unktwwßs,and safety concerns involved with drilling through the landfill refuse. They have very reluctantly agreed to the additional five wells, but it is going to be contested every step of the way. Conestoga-Rovers will follow their lead, and the project will not be held up on that point. The wells will be in a grid pattern, though he did not know how that grid was determined. He stated the PCA has information that they do not have, thinking perhaps the Agency has learned about open dumping of hazardous waste taking place in the landfill itself and developed the grid based on that information. They are concerned that drilling the additional wells will not lead to any evidence that is meaningful because of the difficulty to predict flows, etc. The group is also afraid if nothing meaningful is learned from the first five wells that they will have to drill more and more. It costs them $100,000 for each five wells that are drilled, and they do not want to see the project expanded to 10 wells. Mr. Borgerding thought the real reason for the landfill wells was because of political pressure. If the plan does not show some efforts in the landfill itself, there's a contention that they are still devoting themselves entirely to the pit. Drilling borings also present a danger because the unknown is being exposed and the potential for explosions resulting from hazardous waste that may' have been dumped in the landfi 11 itself. Special City Council Meeting July 26, 1984 - Minutes Page 3 Mayor Windschitl asked if everything is in order to begin the work. Mr. Borgerding stated the concern expressed to him by Cliff Anderson of the MPCA is that the QÄQC plan would change because of the new consultants, especially with laboratory and testing procedures. But after being told who it was, Mr. Anderson did not seem to have a problem, but he was concerned that the EPA share that same point of view. The chain of custody should not be a problem. The QAQC plan is the most concern,but he didn't see any major modifications that would cause a problem. Mr. Borgerding then discussed the security problems they are encountering in the landfill. They have been told the gates themselves have been cut along with the fences from post to post so people can go through. They don't know who is doing it, but they think it is for use by three-wheelers. There is also some dumping on site of household refuse. Mr. Steele stated three-wheelers can be seen on site at night riding three and four abreast. Sgt. Mathushenko stated people are coming in on the east side just south of the bridge off Hanson Boulevard. There is probably the most abuse on Friday and Saturday evenings. He stated they cannot go after the three-wheelers or dirt- bikes with squad cars. The time frame of 180 days until the study is finished also takes them into the winter, and then there will be snowmobiles to contend with. Discussion of those present was that the need for tighter security is to protect the equipment on site, to protect the wells, and to protect the residents in the event there is any type of hazardous waste brought to the surface during this project. It was generally felt that the abusers are kids. Suggestions were to educate the residents as to the potential dangers and the need to cooperate with the project, which is in everyone's best interest. A suggestion was to place a snowfence around the landfill instead of the wired fence there now, thinking the county may be willing to provide that snowfence. It would be more visible and would reduce the liability factor. It was also thought additional flags should be placed on the wire to make the fence more visible. And no trespassing, danger, hazardous waste, toxic chemicals or skull and cross-bone signs should be placed on the fence to make people aware of the potential danger of going on 'the landfill site. Council also directed the City Engineer to repair the barricade off of l39th and Nightengale in Red Oaks to keep cars from entering the landfill area from that point, possibly placing a mound of dirt over the area. Sgt. Mathushenko stated they have access to four motorcycles that could be used for this. He thought the first step would be to post it. And they can try taking in two people to patrol. But he felt eventually the generators will have to go to a security guard, at least on weekends. It was also agreed the communication to the residents should inform them of the problem, noting violators will be fined. And if all of the above fails, it was felt the only alternative left would be for the generators to look at hiring security guards. Mr. Borgerding stated the fence is being repaired as needed. He will ask as to the placing of toxic signs and putting flags on the trails in the area. Sgt. Mathushenko stated he will communicate the problem to his superiors and see what more the Sheriff's Department can do on this issue. Discussion was then on the problem of residents understanding the test results and the meaning of parts per million or parts per billion. It was noted the problem is no standards have been set as to what levels of some of these chemicals are and not knowing the effect of these compounds. The State Health Department is the Agency that determines whether or not a well is unsafe for drinking, but it does not have the authority to actually shut down the well. There are also problems in making definitive tests. Because they are wo~king in parts per million or parts per billion, and the air or the type of equipment can enter into the results, it is not uncommon to get a Special City Council Meeting July 26, 1984 - Minutes Page 4 two parts per million variance. So it is important not to place a great deal of emphasis on a one-time test. Mr. Borgerding noted there is a lab on site, but it is cruder than what a sophisticated lab is. Mr. Mark asked the track record of Conestoga-Rovers as to remedial action. Mr. Borgerding stated they have incinerated, removed, treated with chemicals, and worked in places such as Love Canal. Though the final agreement with Conestoga-Rovers is still being negotiated, the generators always have the Agencies ready to take over the project if the generators back out and bill the costs back to the generators. Mr. Borgerding said they do not want to incur that cost, the thought being the costs will be higher if the PCA does the project than what the generators can do it for. Also, any changes are approved by a consensus of the generators, each company having one vote. There are 12 companies involved now, and they are trying to get 8 more into the group. Mayor Windschitl asked if there will be any monitoring of Coon Creek. Mr. Borgerding stated the project calls for some up-stream and down-stream monitoring. Those present were concerned that they be kept up to date on the progress of the project. Mr. Borgerding stated the group is concerned that they maintain good public relations with the City and residents. At the present time they do not have a public relations person, but he stated he would be willing to meet on a periodic basis to bring everyone up to date. It was felt such a meeting should be held in four to six weeks to see if security has improved, what progress is being made, etc. Discussion was then on the dissemination of the information from this meeting to the residents. It was agreed that the Recording Secretary will type up a summary to be copied, and people from the Citizens Committee and Hazardous Waste Committee will be responsible for distributing it to all residents in the well-advisory area. ANDOVER ATHLETIC ASSOCIATION MOTION by Orttel, Seconded by Elling, that we approve the expenditure of $398.65 for varlOUS items for the Andover Athletic Association for Andover Fun Days. Motion carried unanimously. DATE/SPECIAL CITY COUNCIL MEETING MOTION by Lachinski, Seconded by Orttel, to set a Special City Council meeting on August 14, 7:30 p.m., at the Andover City Hall. Motion carried unanimously. DISCUSSION ON WATER SYSTEM Mr. Prochniak asked it any provisions have been made for those residents who must put in the $8,000 wells because of the well advisory area placed on a portion of the City by the State Health Department but who would subsequently have to pay for city water once that becomes available. Council discussion noted that nothing can be done at this time because no contamination has been found in any residential wells. So there is no one to sue. At such time that contamination is discovered, then those individuals would have some basis to sue someone for additional costs incurred. Neither the County nor State have been willing to come forward with funds related to this issue. It is hoped that those victims would be able to recover the differential from what a normal well would cost either through grant monies or other sources. Mr. Hupp asked the situation on a water system design for the City. Council noted the water distribution system is basically completed for the entire urban service district. It is essentially ready to go in the event some wells would be found to be contaminated and the City would need to proceed with the system. The costs are also broken down in Special City Council Meeting July 26, 1984 - Minutes Page 5 the various segments. The major problems would be it takes one to one and a half years to develop the water system of that magnitude, and the Council has not yet determined a financing method for the water towers. (Councilman Knight arrived at this time.) It was also noted that a developer just south of Bunker Lake and Crosstown Boulevards has requested municipal utilities, and the Council will be making some decisions on that in the coming months. There was a brief discussion on the design of the system, location of wells and tanks, the problems of financing the water tanks, and the new concept in water tank design of the silo-type tanks with glass liners. A suggestion was to survey the residents in the affected area to determine their feelings, especially on their willingness to accept an assessment for municipal water and to develop the storage for that water system. Council was receptive to the Citizens Committee developing an objective survey to be mailed to the residents in the affected area, thinking it would be beneficial to know what the residents are feèHrig. ' MOTION by Orttel, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at 9:30 p.m. Respectfully submitted, 'í\~ ~ Marce la A. Peach Recordi g Secretary