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HomeMy WebLinkAbout1973-11-26 Evironmental Quality Commission Meeting MinutesEDINA ENVIRONMENTAL QUALITY COMMISSION AGENDA Monday, November 26, 1973 Village Hall 7:30 PM 1, Roll Call II. Minutes of October 29 and November 5, 1973 (to be available at meeting). III. Committee Reports A. Committee recommendations on feasibility of data collection and implementation plans for EQC. 1. Water Resources 2, Solid Waste 3. Land Resources 4. Air, Noise & Traffic 5. Soil Erosion 6. Education B. Land Resources - Tree Removal Ordinance C. Others IV. Old Business A. Highway 100 - 77th St. Interchange, John Dixon B. Nine Mile Creek Development - Mud Lake C. Soil Erosion Ordinance D. Proposed State Environmental Impact Statement V. New Business A. New Business B. Other VI. Communications VII. Others wishing to be heard. VIII. Adjournment. ENVIRONMENTAL QUALITY COMMISSION Regular Meeting 7:30 P.M., November 26, 1973 Edina Village Hall Chairman Ron Hays called the meeting to order with the following members present: Ron Hays June Schmidt Clifford Johnson Fritz Reid Bob Sandilla Staff present: Gary West Earl Carson John Telfer Jim Bentley Fred Richards Don Johnson Mr. West reported that the minutes of the October 29 and November 5 meetings were not available. The Chair requested that this fact be noted in the Minutes. OLD BUSINESS Chairman Hays suggested the Commission bypass the committee reports and go directly to Old Business. Highway #100 - 77th St. Interchange. The Chair introduced John Dixon, engineer for the Nine Mile Creek Watershed District, Mr. Dixon discussed the events of the field trip to the construction site and gave the Commission some background information on the relationship of the Watershed District to the Highway Department and the contractors. He pointed out that as the Watershed District was a "third party" to the construction contract, they had to rely upon cooperation of the State to order corrective action, ie, change orders, when problems develop in the area of the creek. Mr. Dixon explained what had transpired in recent weeks at the site in reference to the problem brought before the Commission on October 29. He stated he felt adequate erosion protection was being provided, although the situation was not ideal. Mr. Hays questioned the ability of the contractor to relocate the channel of the creek north of the area covered by permits in that it appeared the creek channel had been altered to the west of the channel occupied on October 29. Mr. Dixon replied that permits had been granted for channel changes from just north of the double culvert on south of 78th Street. He also pointed out that due to inaccuracies in locating of the creek on the construction plans and number of alternate channels, it is possible a channel change has taken place as a result of the construction. Considerable discussion took place as to who has the power and ability to intervene in a highway construction project when mistakes, misrepresentations or faulty construction practices take place. The Commission decided to continue to observe the construction project, but that no further action would be taken at this meeting. ENVIRONMENTAL QUALITY COMMISSION November 26, 1973 Page Two Nine Mile Creek Deve o ment. Mr. West stated that the Village Council, at its last meeting, referred the Task Force report on Mud Lake to the Park Board, Planning Commission and ECC for review and comment prior to further Council action on a final development plan. The Chair requested the Water Resources committee to review the possibilities for creek development mentioned at the last meeting and prepare recommendations for Commission consideration. 41st and L nn Avenue Nature Area. Ray Marshall reported on the progress that has been made on the natural area at 41st and Lynn Avenue and what further develop- ments are planned. Although it had taken a considerable length of time, Mr. Marshall said the neighbors were very pleased with the work that had been done and suggested the EQC extend their appreciation to the Village employes who were involved with the design and construction. Ron Hays offered the following resolution: WHEREAS, Mary Hertogs and Raymond Marshall were instrumental in promoting the concept of a mini-nature area for the Morningside Storm Water Retention Basin located in the area of 41st Street and Lynn Avenue; and, WHEREAS, Donald Lofthus, Robert Dunn and the Edina Public Works and Engineering Departments carried forth the design and implementation of the project in an excellent manner; THEREFORE BE IT RESOLVED, that the Edina Environmental Quality Commission extends its appreciation to the aforementioned residents and Village employes for a job well done. Resolution seconded by June Schmidt and passed unanimously. Soil Erosion Ordinance. Mr. West reported that the Village Attorney was still reviewing the ordinance and did not have a report for the Commission at this time. The matter was continued to the following meeting. Proposed State Environmental Impact Statement. Mr. Hays recalled the previous discussion by the Commission on the proposed State EIS and reported on his attendance at the public hearings in St. Paul. He stated he was particularly concerned by the State's decision that local governmental unit would be responsible for preparing and filing any EIS that might be required. This could mean a great deal of cost to the municipality which it would have difficulty in recovering. Be would favor the local governmental unit preparing or contracting the EIS, but having the total cost paid by the developer. Fred Richards offered an alternative of the developer writing the initial EIS with the municipality adopting the EIS or requiring additional information from the developer and/or generating their own additional information to fill in the gaps. The total cost of this additional information could be recovered from the developer through fees or assessments. Considerable discussion ensued regarding the preparation of the EIS, particu- larly the question of who writes and who pays for the EIS and if a consultant pre- ENVIRONMENTAL QUALITY COMMISSION November 26, 1973 Page Three pares the EIS, where does his loyalty lie, with the municipality or the developer. Fred Richards moved the following recommendation be forwarded to the Village Council: 1. The EQC feels the concept of an EIS is good but are concerned with the mechanics of its preparation in view of the State's proposals, ie. who prepares and who pays the cost. 2. Recommend the Village Council suggest to the State Environmental Quality Council that initial preparation of the EIS be by the proponent with responsibility for the final EIS lying with the municipality, ie review and add additional data and rewrite if necessary. 3. Recommend the Village Council suggest to the State Environmental Quality Council that the total cost of the EIS including the initial EIS and any additional data required by any governmental body be borne by the proponent. 4. Recommend the Village Council make a legal review of the pro- posed EIS policy to determine future liability and costs to the Village of adoption in this form. COMMITTEE REPORTS Solid Waste. James Bentley presented the Solid Waste Committee's written report on the feasibility of collecting data concerning solid waste generation, collection and disposal. The committee feels the technology is available and data on volumes and costs can be collected on an as-needed basis. Mr. Bentley also re- quested permission to conduct a survey of the licensed refuse haulers in Edina as the committee had last year. By mutual agreement of the Commission, permission was granted. :A ppmaf0-4 Mr. Bentley handed out a "beet sheet" to be used in connection with speaking engagements by members of the committee. The Commission reviewed the "fact sheet" and suggested modifications in its content to remove the bias present in favor of Village-wide contracted removal. The Chair suggested the Commission invite two or three refuse haulers to the January meeting to discuss the various advantages of contract vs. private hauling. The Commission requested Mr. West to contact Lake Harriet and Modern Cleanup to ask them to attend the January meeting and discuss the pros and cons of these two systems. ADJOURNMENT The Chair requested comment from the Commission about the date for the December meeting, since the regular meeting date falls on New Year's eve. Following discussion, it was decided to hold a special meeting on January 3 to complete the agenda of the November meeting and discuss other items which might arise and then hold the regular January meeting on the 28th. The time being past that set for adjournment, the Chair declared the meeting adjourned. Respectfully submitted, Gary West