Minutes

New Brighton Planning Commission

Regular Meeting - August 20, 1996

7:30 p.m.

Call to Order

Larry Baker, Chair, called the meeting to order at 7:30 p.m.

Roll Call

Present:	Larry Baker, Joann Knuth, Mike Livingston, Paul Zisla

Absent:	Roger Blomquist, Jim O'Brien

Also Present:	Kevin Locke, Director of Community Development

Erny Mattila, City Planner

Steve Larson, City Council Liaison

Approval of Minutes

Motion by Livingston, seconded by Zisla, to approve the July 16, 1996, Planning Commission minutes. 4 Ayes - 0 Nays. Motion Carried.

Report on Council Action

Councilmember Larson reported Stockyard Days is the main Council activity this week.

Agenda Review

Mattila stated he had an announcement for anyone in the audience who were attending the meeting because of the public hearing notice posted on property at 3rd Street and Old Highway 8. The public hearing has been canceled. The City Council adopted a moratorium ordinance on August 13, 1996, which denied any pending applications for development within the Old Highway 8 Corridor. The site is located within the moratorium area.

Public Hearings

SP-195	7:40 p.m.–* p.m.	Environmental Protection Agency

Mattila reviewed the case report concerning an application for a special use permit to construct a temporary water treatment facility on the MacGillis & Gibbs.

Baker asked who owned the site. Mattila responded MacGillis & Gibbs owns the site.

Mattila introduced Ben Horenziak from the firm of Ecology and Environment in Chicago. Mattila said Horenziak is working exclusively with the Environmental Protection Agency (EPA) as their consultant. Horenziak has worked with City Staff and the EPA to lay out this site. Horenziak is available to answer technical questions about the proposed facility.

Horenziak showed a blue line drawing that showed the general architecture of the proposed facility and examples from suppliers showing the type of building materials for the proposed site.

Horenziak said the EPA has divided the site into three sections, each with specific environmental problems. The pond on the site that was used to dispose of various debris since the 1920's is designated operable unit #1. The Minnesota Pollution Control Agency (MPCA) is the agency addressing operable unit #1.

Horenziak stated Operable unit #2 is the portion of the site that Ecology and Environmental is addressing. That is, essentially, source control associated with the abandoned pentachlorophenol treatment. Also associated with the area is a so-called NABL (non aqueous -based liquid) oil disposed into the groundwater. The task of Ecology and Environment is to address the abandoned facilities and the oils and pentachlorolphenol found in them. Also to address the NABL in the groundwater. To do that, Ecology and Environment has to collect groundwater and treat the groundwater before it is discharged into the municipal sewer system. Our plans and specifications is to treat the groundwater is that it must be treated to drinking water standards.

Horenziak said Operable unit #3 is being addressed by another EPA contractor. They will address the groundwater off the site and contamination associated with MacGillis & Gibbs' present operations.

Horenziak stated that, for the EPA and Ecology and Environment to proceed with treating the groundwater under Operable unit #2, the EPA is applying for a special use permit to construct a temporary water treatment facilitiy.

Baker asked if there would be any emissions from the treatment of the water. Horenziak answered there was a potential for emmissions from the biological treatment system and the aerating system. However, there may be some odor so the plans specify carbon stripping of all the air used to oxygenate the system. Any residue coming off as a gas would go through a carbon filter for odor control before discharge to the atmosphere. Noise levels may possibly be another concern. The equipment will be enclosed within the building. The only opening will be 2 doors, which will face away from Old Highway 8. The noise should be minimal, if any.

Knuth asked why the cleanup will take five to ten years. Horenziak responded the task is to cleanup groundwater at a site which has been in operation for more than 70 years. Horenziak said Ecology and Environment's anticipated participation is five years. The building could be taken over by another contractor if more cleanup is needed after the five year period. That is why the building would be constructed to the City's standards for permanent facilities. The EPA and the contractor for operable unit #3 probably cannot forecast how long their participation will need to be.

Knuth asked if the City could identify how long it will take to clean up the site. Mattila responded the City must rely on the EPA and the MPCA for their expertise in this area. Knuth asked if the City could draw up contracts or covenants to address some of the unknowns.

Locke said site plan approval is the the only direct control the City has related to a cleanup project. Because the building will be up for at least five years, the City has encouraged the EPA to construct the building and site improvements consistent with the City's standards for a permanent building. Concerning the use of the facility, the New Brighton has waited a long time to get this site cleaned up. The City wants to encourage that to happen as quickly as possible. The City hired Barr Engineering to work with the City, the EPA, and the MPCA on reviewing the cleanup and to give the City advice on the appropriateness of the cleanup activities. Some confusion results becuase, as Horenziak indicated, the cleanup action is being done in three different pieces. Operable unit #2 is the only one that has been fully designed so the City does not yet know how the EPA is going to handle the cleanup for the other two peices. The site has been laid out because it is conceivable that a second larger pump and treat facility will be needed and would go in directly west of the proposed facility. As Mr. Horenziak inidcated, it is possible that will not be needed and the proposed facility can be used. Locke said, therefoer, it would be difficult for the City to formulate controls and limitations for the cleanup in the context of the Zoning Ordinance. The City must rely on the good relationship between the City, the EPA and the MPCA. The City is comfortable that the cleanup is in New Brighton's best interest.

Knuth said her concern is that the City is unable to delineate timeframes in terms of the cleanup since we are talking about a five to ten year timeframe for a temporary facility. Locke said that, according to limited information now available on how the remaining groundwater will be treated, it is possible that facility may need to be in place for longer than ten years. The City anticipates these facilities will be on the site permanently. The situation will be similar in some ways to the water treatment facilities the City has for the TCAAP groundwater contamination, which will go on indefinitely.

Baker asked if the facility requires a Metropolitan Waste Water Commission permit. Horenziak said a permit will be required before the water is discharged into the sewer system.

Baker said this is a public hearing and asked if anyone in the audience wished to speak.

Rudy Shellum, 560 5th Avenue NW, said he originally got a letter stating the proposed building would be at 550 5th Avenue NW. Obviously, 550 would be right next to my house. During this whole discusssion, no one has mentioned the property belongs to MacGillis & Gibbs. Has this been cleared with MacGillis & Gibbs?

Horenziak said the address in the letter, 550 5th Avenue NW, is the address of MacGillis & Gibbs' office. MacGillis & Gibbs receives their mail at 550 5th Avenue NW. Originally, the EPA and the MPCA planned to put the facility close the MacGillis & Gibbs main gate. Per City Staff's request, we moved the proposed facility further south.

Shellum said MacGillis & Gibbs mostly receives their mail at a post office box. The office is on about the 300 or 400 block. The old Setchell Carlson building is 530 5th Avenue NW. 550 would be their parking lot. Shellum asked what the City has worked out with MacGillis & Gibbs.

Horenziak responded that as far as working anything out with MacGillis & Gibbs is concerned, the result of EPA's Federal Court actions against MacGillis & Gibbs gives the EPA jurisdiction over the cleanup of the MacGillis & Gibbs site. Horenziak said the groundwater treatment facility will be built with the approval of the City of New Brighton, the US EPA, and the MPCA.

Shellum asked where the water will be pumped. Horenziak replied treatment of groundwater is fairly complicated. Briefly, the groundwater has to be pumped at a slow rate to pull the oil laterally through the soil

General Business

Announcements and Updates

Adjourn

_______________________________________

Erny Mattila, City Planner