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HomeMy WebLinkAbout3.c. USPCI - Cary PerketCITY OF ROSEMOUNT EXECUTIVESUMMARY FOR ACTION CITY COUNCIL MEETING DATE: April 16, 1991 AGENDA ITEM: USPCI Project Report by AGENDA SECTION: Cary Perket Department Heads Report PREPARED BY: Stephan Jilk, City Administrator AGEND )fi ATTACHMENTS: Letter from Cary Perket APP 7D/Y:� Mr. Cary Perket, Project Manager for the USPCI Project would like to speak to the Council regarding the project' and most specifically a response to the letter approved by the Council on April 2, 1991. In a meeting with Mr. Perket I had an opportunity to discuss the key issues in their consideration of moving the project to the University. These issues were; 1. Concern that the U of M property will bring with it an added risk for USPCI and that they will be unable to set themselves' aside from the contamination issues on the U of M property. 2. costs of upgrading Blaine Avenue to be useable.` i 3. Costs of extending a sewer connection to the interceptor north of i County Rd 42. 4. Development costs for'stormwater management.. Because of the ,topography it will be more costly than on their Hwy 55 site. 5 Additional time to get a project "on line". 6. Cost of new environmental studies. April 9, 1991 Mr. Steve Jilk City of Rosemount 2875 West 175th Street Rosemount, MN 55068 Dear Steve: We request to be placed on the agenda of the Rosemount City Council for its April 16, 1991 meeting. The purpose of our request is to provide us with an opportunity to address the council on the concept of a waste management campus. The discussion will include USPC P s most current assessment of the feasibility of its participation in such a waste management campus. Best wishes, Cary L. Perket CLP/cd RECEIVED 11 I R - " 1991 C:,L L-v,o ., ;gig uFFICE CITY OF ROSEMOUNT USPCI/18/910409 KEY TO MAP Yellow lines show City of Rosemount boundary Yellow hatched area is our understanding of the area covered by the September 18, 1990 resolution of the City Council Solid red squares indicate location of past or current waste management activities on University of Minnesota property Shaded area illustrates the area of known ground -water contamination Green striped area that is in the City of Rosemount and Empire Township is the proposed site of Dakota County Resource Recovery project Blue line represents the Empire Township boundary Solid red line represents the boundary for City of Coates USPCII8/issue Issue #1 The Minnesota Industrial Containment Facility (MICF) is designed to provide long-term containment of non -hazardous waste. One of the incentives for a customer to pay a higher fee to utilize the MICF is to minimize the potential for future liability. Superfund sites are particularly well noted for their high liability potential. Placing the MICF on property that could expose its customers to litigation would undermine the basic purpose in using the facility.' - Past and current waste management activities limit the potential locations for the MICF in the area covered by the City Council resolution of September 18th as well as most other areas in Rosemount on the University property. - One of our concerns about a waste management campus is that a release from an ajoining facility could be incorrectly attributed to the MICF. USPCII8/issuel Issue #2 The current site is better than any location that has been suggested on the University of Minnesota property. Citizen Concerns - Environmental Issues - "What if" Questions? - Airborne Emissions - MICF expects to be able to minimize its airborne emissions. The prevailing winds during the summer are from the southwest. Residents who are south of the current site would be directly downwind of the U of M property and would therefore have greater potential for exposure most of the summer. At the current site, they are upwind most of the summer. - Ground Water Release - MICF is designed to prevent releases to the ground water. The direction of ground water flow is illustrated on the map. A release that occurred on the U of M property would also be expected to flow directly toward residents south of the current site. The same residents would not be effected by a release from the current site. - Stormwater Management - The current MICF site is able, because of the topography, to handle even extremely large storms on its property. It would be financially not feasible to provide the same protection at the University property. Stormwater drainage from the area would have to cross property of residents who have already expressed concerns over stormwater on the current site. Stormwater at the current site is confined to the property. The current stormwater plan actually benefits neighboring property by making more stormwater retention capacity available on our current site. USPCII8/issue2 Technical Concerns that have arisen from a Preliminary Review of the University Property - Construction of the same basic design would create mounds on the University property that are four stories high and clearly visible above the tree lines. - No sanitary sewer facilities suitable for the MICF exist on the U of M property. Construction costs would exceed $400,000 according to very preliminary estimates. - Currently Blaine Avenue would need to be improved. We understand the County will pay for this in conjunction with the Dakota County Resource Recovery facility. - Substantial stormwater retention ponds would have to be constructed. - More acreage would be needed to provide same facilities. USPCII8/issue2.1 Issue #3 It may not be possible for USPCI to move to the U of M property because of financial constraints. Any such move would necessitate major financial costs to USPCI and necessitate financial concessions from the City of Rosemount. Current MICF Project Estimated permitting costs $2.75 million Purchase price of land $1.00 million Estimated construction costs $5.00 million Preliminary Projected MICF if moved to U of M Property Estimated permitting costs $4.25 - $4.75 million Interest $ .50 million Purchase price of land $1.00 million Estimated construction costs $6.50 million In addition, USPCI would have to dispose of its current site which was for sale for 15 years before USPCI purchased it. A preliminary estimate is that additional costs would be over $4,000,000. This would roughly mean the MICF needs to recover in excess of $480,000 per year over a 30 -year life to recover its investment. USPCII8/issue3 Issue #4 At the current site, Rosemount receives major financial benefits from the project with only minor expenses. The move will necessitate major reductions in USPCI contributions to the City and necessitate City expenditures for public services. Current Annual MICF Contributions (based on 75,000 tons) to Rosemount MICF Service Fee to City $250,000 MICF Contribution to Community Trust $300,000 Property Tax $ 60,000 Net Annual Contribution $610,000 Potential Contribution at U of M Property to Rosemount* Service Fee to City Significantly Reduced Community Trust Significantly Reduced Property Tax Net Annual Contribution *Based on $480,000 in additional expenses Additional Costs to City for U of M Site Public Services (sewer) Public Services (water) Public Services (roadways) USPCII8/issue4 $ 20,000 $ 70,000 (?) $ 60,000 $150,000 Issue #5 There are significant administrative obstacles to moving the MICF to the U of M property. 1. The University of Minnesota is only willing to lease its property on the Rosemount Research Center. At the end of the lease, the buildings, etc. must be removed. Obviously this is not compatible with construction of long-term containment cells. 2. There are limitations set by the Federal Aviation Agency on the proximity of land disposal facilities to airports. Depending on the layout of runways, a future airport in Rosemount could force the closure of the MICF if it were on the U of M property. 3. Assuming the purchase of the land could be arranged, there is still a matter of zoning. USPCI would not be willing to invest the substantial amounts of money it requires to begin field investigations for the facility without the property being zoned for a waste management district. USPCII8/issue5 Issue #6 The area where the current site is located is a better area for a waste management campus. In our opinion, moving the MICF does not centralize waste management activities but further disperses them through Rosemount. - The current site is immediately adjacent to the Rosemount Wastewater Treatment Plant. This plant will need to be expanded and made larger as the city grows. - It is inherent that most industries like those in the Pine Bend Area will produce industrial wastes. - There is currently and probably will be in the future, the need for industry in the Pine Bend area to have their own wastewater lagoons. - There are currently other industrial waste management activities in the vicinity of the site. USPCII8/issue6 USPCI Annual Contribution to Rosemount (Based on 75,000 tons/year) Property taxes Community trust' Service feet Total $ 61,500 300,000 206,250 $567,750 * Does not include annual park dedication fee. 1 To be distributed by a 5 person board of directors for community development and improvement. 2 Program revenues to the City. Projected USPCI Community Trust Fund for Rosemount (All figures in 1989 dollars) Annual Contribution Accumulated Totals $8,465,000 * Paid directly from annual contribution ** Annual distribution at 8% of principal once annual interest exceeds $75,000 Annual Distributions from Community Trust Fund 75,000 * 75,000 * 75,000 * 75,000 * 75,000 * 77,200 ** 101,200 ** 125,200 ** 149,200 ** 173,200 ** 197,200 ** 221,200 ** 245,200 ** . 269,200 ** 293,200 ** 317,200 ** 341,200 ** 365,200 ** 389,200 ** 413,200 ** 437,200 ** 461,200 ** 485,200 ** 509,200 ** 533,200 ** 557,200 ** 581,200 ** 605,200 ** 629,200 ** 653,200 ** to fund by USPCI Principal Year 1 180,000 105,000 2 260,000 290,000 3 300,000 515,000 4 300,000 740,000 5 300,000 965,000 6 300,000 1,265,000 7 300,000 1,565,000 8 300,000 1,865,000 9 300,000 2,165,000 10 300,000 2,465,000 11 300,000 2,765,000 12 300,000 3,065,000 13 300,000 3,365,000 14 300,000 3,665,000 15 300,000 3,965,000 16 300,000 4,265,000 17 300,000 4,565,000 18 300,000 4,865,000 19 300,000 5,165,000 20 300,000 5,465,000 21 300,000 5,765,000 22 300,000 6,065,000 23 300,000 6,365,000 24 300,000 6,665,000 25 300,000 6,965,000 26 300,000 7,265,000 27 300,000 7,565,000 28 300,000 7,865,000 29 300,000 8,165,000 30 300,000 8,465,000 Totals $8,465,000 * Paid directly from annual contribution ** Annual distribution at 8% of principal once annual interest exceeds $75,000 Annual Distributions from Community Trust Fund 75,000 * 75,000 * 75,000 * 75,000 * 75,000 * 77,200 ** 101,200 ** 125,200 ** 149,200 ** 173,200 ** 197,200 ** 221,200 ** 245,200 ** . 269,200 ** 293,200 ** 317,200 ** 341,200 ** 365,200 ** 389,200 ** 413,200 ** 437,200 ** 461,200 ** 485,200 ** 509,200 ** 533,200 ** 557,200 ** 581,200 ** 605,200 ** 629,200 ** 653,200 ** USPCI total annual contribution as part of city budget 14% Total city budget for 1991 USPCI Projected annual contribution to Rosemount $4,070,773 $ 567,750 USPCI Service Fee* contribution in relationship to Rosemount's current annual Internal Revenue Generated. Rosemount's current Internal Revenue Generated $1,150,577 Future USPCI Service Fee* * Does not include Community Trust Fund, Park Fees or Property Taxes. $ 206,250 USPCI'S Community Trust* contribution at 75,000 tons per year in relationship to Rosemount's current Parks and Recreation budget Total Rosemount Parks and Recreation budget $552,889 USPCI Community Trust contribution $300,000 *Does not include Service Fees, Park dedication, and Property taxes. USPCI contributions compared to an average Rosemount single-family home. The average single family home in Rosemount has a value of $90,000 with a property tax of $1,145. USPCI's annual contribution would amount to $198 per housing unit per year. This represents 17% of the average property tax for a single family home. "Fe. USPCI UnionSjbPaah' 'c Corporation November 6, 1990 Mayor Vern Napper City df Rosemount 3405 145th Street East Hastings, MN 55033 Dear Vern, 90USPCI CO 43 7 I appreciated the opportunity to discuss with you and Steve Jilk your concept of a waste management campus. USPCI, Inc. agrees that the concept of a waste management campus is interesting. However, there are many issues that must be addressed before such a campus could be established. We would like to take this opportunity to present some of the issues that must be addressed before such a concept could become a reality. Location As you know, there are a number of ongoing waste management activities being carried out in the Pine Bend area at this time. These activities would tend to make the Pine Bend area a more suitable location for a waste management campus. First the Rosemount wastewater treatment plant is already located in the area. it is very unlikely that significant residential development will ever occur next to the sewage plant. The heavy industries now located in the area already operate their own industrial wastewater treatment plants as well as their other industrial and hazardous waste management activities. In addition to these activities, the Pine Bend area now has a foundry which recycles scrap metals. The Minnesota Industrial Containment Facility would only be another component of the already operating waste management campus. It is our opinion that centralizing the waste management activities on the University of Minnesota land, if not impossible, would be at best extremely difficult, as a result of the existing uses in the Pine Bend area. There are many advantages of having a waste management campus located in the Pine Bend area, which range from environmental issues to the reduced financial demands it would place on the City of Rosemount. Community Support There has been very little public discussion and no opportunity for input from the community regarding, the waste management campus concept, at least not to the degree that is normally associated with environmental projects of this scope. In order to get the public input that a project of the scope being proposed will require, public discussions should begin in the very near future, as they will probably continue for several months. 515 West Greens Road, Suite 500 - Houston Texas 77067.713-775-7800 If broad based public support for the campus concept can be demonstrated, it would make the cost associated with the implementation of such a project much easier. As will be discussed later, both Rosemount and USPCI would face considerable costs to make such a campus work on the University of Minnesota property. The additional costs USPCI would incur in a move to the university property was not considered when the Company negotiated its agreement with the City of Rosemount. University of Minnesota Site At the present time, there is insufficient information to judge whether or not the University of Minnesota property is suitable for the construction of our containment cells. The necessary information could only be determined by undertaking an engineering and hydrogeologic investigation of the site within the University of Minnesota property. Because of the costs associated with such a study, neither the City nor USPCI could undertake such a study unless contractual commitment for purchase of the property could first be obtained from the university. Environmental Liability Environmental liabilities are a major concern that must be addressed when considering a waste management campus located on the university property. There does not appear to be a legal mechanism for protecting new owners from claims arising from previous waste management activities at the site. The City of Rosemount, if it purchases the land, would become liable for any future environmental claims. Similarly, any private party could also become liable if they were to purchase the property. Scope of Liability Without a mechanism to protect the new owners from liability, it becomes very important that the full extent of any liability be established. Located on the 1100 acres addressed in the council's resolution are several operating small businesses. It would be prudent on the City's part to evaluate the operation of each of these businesses before purchasing the land. Areas that are no longer' in use would also need to be thoroughly reviewed. In addition, there is the ever growing problem of asbestos abatement in older buildings. Obviously, an environmental review of this magnitude will be both expensive and time consuming. Timing Even relatively simple real estate transactions sometime require months to negotiate because of environmental reviews. Given the fact that the parcel, described in the City Council resolution of September 18th, involves over 1,000 acres, with numerous buildings, and waste sites still to be remediated, the prospect is for a lengthy, prolonged negotiation to reach a purchase agreement. Considering the liability issues, there is no guarantee that a purchase agreement could be negotiated. In which case, any investment in evaluating the property would be wasted. - 2 - The draft Environmental Impact Statement (EIS) for the Minnesota Industrial Containment Facility (MICF) is scheduled to be released in November and all permits are expected to be submitted by year end. It is expected that all permits could be issued in the spring of 1991. Recent public statements from the university indicated it would take six to nine months for a purchase agreement. USPCI could have its permits at the current location before a purchase agreement could be reached. Rosemount Public Services Expenses Preliminary review of the property indicates that Rosemount public services would have to be extended to the area. Blaine Avenue extending south from Highway 42 would have to be upgraded and city sewage service would also have to be brought into the site. ` We have obtained a rough estimate that it would cost in excess of $400,000 to construct a sewer line to the waste management campus. It is our understanding that Blaine Avenue would be improved by the county, if the Resource Recovery Facility is built. However, if the Resource Recovery Facility is not built, then the City of Rosemount would have to spend in excess of one million dollars to upgrade Blaine Avenue. USPCI Development Costs USPCI has spent in excess of $2.8 million in its efforts to permit the facility at its current location on Highway 55. While some of the EIS, permitting, and design activities could be modified for use at your proposed location, extensive additional work would be required for this new location. An example is the extensive hydrogeologic study that will be required because the university property has been designated as a Superfund site. We believe that a study of this magnitude could easily cost between $1.5 to $2.0 million. In addition, .substantial additional costs could be incurred in the construction of the containment cells if contaminated soils are encountered during construction. The soil would have to be disposed of as hazardous waste. There is also the potential that if significant contamination is found, the project might have to be abandoned. Financial Opportunity Lost Both Rosemount and USPCI will experience financial losses if the MICF project is delayed. Rosemount will not receive community services fees and no contribution will be made to the Community Trust Fund until waste is being received at the facility. USPCI would not receive a carrying cost for its current investment at the existing site for both permitting and the purchase of the land. These costs are between $250,000 and $300,000 per year. • - 3 - Rosemount City Service Fee As you are aware, USPCI has agreed to pay the City of Rosemount a fee of $2.75 per ton of waste disposed of at the MICF. This fee was negotiated on the basis of permitting cost associated for the Highway 55 location. A move to the university property would increase the MICF development costs to more than four million dollars. In addition, there is the previously mentioned carrying cost on the investment of permitting and land. It would be necessary to reduce the city service fees as well as provide other incentives in order to make such a move financially possible. Cooperation USPCI is willing to work with the City to explore the waste management campus concept. Our initial opinion is that such a campus would be best situated in the Pine Bend area for all of the above stated reasons. The obstacles are individually significant enough to make a waste management campus on the university property not feasible and we believe that when all of the obstacles are combined, they will make the project all but impossible. In the same spirit of cooperation, USPCI would expect the City to continue to review and process the permits on the current site in a timely manner. Portions of the final permit application will be submitted this month. This would, from a scheduling standpoint, allow the permits to be issued early this spring in time for summer construction. This timing provides sufficient time for the campus concept to be more. closely reviewed independent of our permitting effort. If the City and USPCI can develop a mutually agreeable campus concept, both would want to participate in it willingly. We look forward to working with you on our permit and exploring the concept of a waste management concept. Regards, DSPC Ken Ja son Senior Vice President Business Development KJ:jr Rosemt7 - 4 -