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II&OfOf BRKIfTON the city that works for you Report Number Agenda Section Council Meeting Date • REQUEST FOR COUNCIL CONSIDERATION 10-056 VI -3 March 9, 2010 ITEM DESCRIPTION: Authorization for the Mayor and City Manager to enter in an Addendum to the Memorandum of Understanding between the City of New Brighton and Bell Pole concerning chemical change -out practices. DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director GW CITY MANAGER'S APPROVAL: No comments to supplement this re ort Comments attached Recommendation: Authorize the Mayo City Manager to sign the attached addendum to Memorandum of Understanding between #iefity and Bell Pole. Legislative History: November 13, 2007: The City Council authorized the Mayor and City Manager to enter in a Memorandum of Understanding (MOU) between the City and Bell Pole. The purpose of the MOU was to address odor concerns for the property while recognizing the property held a certain level of grandfather rights to emit odor. The MOU established a base line odor threshold not to exceed 1.2 odor units at the property line. Under the MOU the company agreed to notify the City if a change in operation resulted in an increase above 1.2 odor units. 1.2 odor units was chosen because the company had the technical ability to meet it and it was considered very low and undetectable by most people under normal weather conditions. • April 14, 2009: The City Council held a work session to discuss the numerous odor complaints that had been received beginning in mid-February 2009. Through investigation it was determined the odors were coming from the Bell Pole facility located at 778 ls` Street NW. Upon inquiry City staff was notified by Bell Pole employees that a new chemical was introduced, which was ultimately responsible for the odors. Financial Impact: None Explanation: Since the spring of 2009 City staff, Bell Pole staff, and their respective legal counsels have been working on completing an addendum to the MOU that was originally executed in November of 2007. The purpose of the addendum was to address procedures the company must follow with regard to pole treating operations and chemical use to ensure the company complies with the 1.2 odor unit threshold. The addendum (which was prepared by the City Attorney) is attached for review and has been signed by Bell Pole President Thomas Bell. As Bell Pole began to investigate the reasons for the odor event of early 2009, it was discovered that Bell Pole was shipped a chemical materially different from what they had preliminarily tested as being within the 1.2 odor unit threshold. One of the main points in the attached addendum is that Bell Pole must collect a sample of the shipped product prior to initial use and conduct tests to ensure it is consistent with what they previously tested. The addendum also clarifies other testing procedures to ensure another odor event doesn't occur. Staff recommends execution of two copies of the addendum. • Costs and Funding: Not applicable Janice Gundlach Citv Planner