12-13-2004 CC MIN - Laserfiche WebLink

Home Browse Search

City Council Minutes Page 3 December 13, 2004 ----------------------------- Councilmember Kuester noted some of the concerns with the residents being odor and gas, lack of screening, and existing contamination. Mr. Rohlf stated that he feels that it is not practical to keep the landfill below the tree line. He stated that another concern was truck traffic. Mayor Klinzing stated that this might be the opportunity to say “no, we don’t want to expand the landfill”. She asked when do we say no to future requests if this one is approved. Steve Rohlf stated that 221 Avenue us the logical southern boundary for the landfill. The st Mayor stated that she would like to have staff look at the host fee and “making it worth our while.” The Mayor further stated that the city should look at this issue as to how it relates to the city’s image. B. Hamilton Property The history of this property is that it was formerly used as an automobile salvage yard called Custom Motors. A phase II environmental assessment of the property was conducted in 1993 and residual contamination from the junkyard was found and has yet to be cleaned up. The type of contamination found did not pose an immediate threat since the contaminants don’t migrate rapidly. But it has been long enough ago that staff is concerned that clean up should take place soon. The property was purchased by Russell Hamilton and he was made aware and received a copy of the environmental assessment. Staff did an inspection on July 9, 2002 and ordered the buildings on the property razed or repaired and the contamination to be removed. A meeting with Mr. Hamilton, his attorney and city staff on November 5, 2003 established a timetable for removing the buildings on the site and the clean up of the contamination. This was supposed to have been accomplished by October 31, 2004. After having difficulty getting a work plan approved by Minnesota Pollution Control Agency, it is now late in the year for the potential clean up. Mr. Hamilton’s environmental consultant contends a new realistic deadline for the clean up of August 31, 2005. Mr. Hamilton would like the city to sponsor a contamination remediation grant. This grant would pay up to 75% of the cost of investigating the extent of the contamination clean up. However, the city would be responsible for the other 25% of these costs. This site was also the location of illegal burning of refuse by the R.C. Rolloff Company in 2002. Contamination from that incident was remediated at a cost of approximately $75,000 in the summer of 2002 by MPCA. The City of Elk River reimbursed MPCA. Mr. Rohlf wished to have direction from the Council whether the city should agree to the August 31, 2005 deadline or immediately start legal action. Councilmember Tveite stated that if we are offering an extension, we need to have a work plan in place as to when this could be cleaned up. Mr. Hamilton has to follow the work plan and progress needs to be shown. It also needs to be stated that in the event that there is a default of the work plan in this time frame, Mr. Hamilton will have to pay legal fees if the city would need to go to court on August 31, 2005. Mr. Rohlf also wished to know if the city wanted to participate in a 25% cost-sharing grant for cleaning up this site and if a workforce housing was an appropriate use in this location.