CCP 09-27-2011 - Laserfiche WebLink

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MINUTES New Brighton Economic Development Commission Approved Regular Meeting—August 16, 2011 7:30 a.m. Members/Liaisons Present: Paul Zisla,Bob Smith, Terri Snell, Mike Murlowski, Al Potter, Vivian Neumann-Walker,D.L. Beach, Councilmember Char Samuelson Members/Liaisons Absent: Marie Hansen Staff Present: Grant Fernelius-Community Development Director; Katie Bruno- Office Assistant. Guests Present: Charlie LeFevere-Kennedy& Graven Call to Order Commissioner Zisla called the meeting to order. Report from Council Liaison Councilmember Samuelson reported that Volunteers of America withdrew their application for a Residential Re-entry Treatment Center in New Brighton. The Library and the View Apartment Projects are both proceeding as expected. Director of Community Development, Grant Fernelius, reported that Silver Lake Flats—an apartment complex located near Silver Lake Rd and County Road E—will be under new ownership, and a closing for August 22nd is anticipated. The property is currently operating under a provisional license due to problematic situations. It is hoped that the new owner will put practices in place to address some of the problem behaviors. Presentation from the City Attorney on Open Meeting Law City Attorney LeFevere provided an explanation of the Open Meeting Law and how it pertains to advisory commissions. Commissioners were given a handout of Minnesota Statute Chapterl3D and an excerpt for the League of Minnesota Cities Handbook also explaining the Open Meeting Law. The View Apartments at Long Lake Director Fernelius reported that the project has started noting that there was a slight delay related to the July rain event. It was reported that soil issues have been encountered which created engineering challenges. Commissioner Neumann-Walker questioned the likelihood of other areas having soil issues. Director Fernelius noted that all geotechnical reports suggest that the developer dug down to an area lower than the City previously corrected and suggest the developer should have designed their footings appropriately. Chair Zisla commented it may be better to clean up areas prior to a project being built. NW Refinery Update Director Fernelius reported the City has been omitted from the process regarding the compliance agreement between Ashland and the MPCA. Director Fernelius reported the area will be cleaned up to an industrial standard (non-residential). The City has been asked to enter into an Access Agreement between the City and Ashland. The City requested indemnification from Ashland and any other third party. Another issue in the agreement is a covenant not to sue. Thirdly, is the relocation of an existing aggregate stockpile. If an Access Agreement is reached Ashland would like to start in the fall of 2011. The City will have until October to move the stockpile. Chair Zisla suggested that the commissioners share their comments with Director Fernelius and Councilmember Samuelson. Commissioner Potter questioned why the MPCA would not clean up the site.