CCP 10-11-2011 - Laserfiche WebLink

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liNB GH N rg illy of the city that works for you Council Worksession September 13, 2011 Present: Mayor Dave Jacobsen Councilmember Char Samuelson Councilmember David Phillips Councilmember Gina Bauman Councilmember Mary Burg Absent: None Staff in Attendance: City Manager Dean Lotter Finance Director Dan Maiers Community Development Director Grant Fernelius City Planner Janice Gundlach Others in Attendance: Attorney Sue Steinwall, Fredrickson&Byron PA Consultant Dan Fetter, Barr Engineering The meeting was called to order at 5:15 PM. Ashland Access Agreement City Manager Dean Lotter updated the Council on what has been happening regarding the access agreement to clean the NW Refinery site. Community Development Director Grant Fernelius stated that the City has been working with Ashland regarding the access agreement. In April of this year the MPCA and Ashland executed a compliance agreement which calls for the company to remove the refinery equipment and some contaminated soil on the former NW Refinery site. The major concern for the City is related to indemnification against third-party claims and a covenant that Ashland will not come after the City for clean-up costs. One of the biggest issues for Ashland is the disposition of the stockpile (Class 7 -which is 33,000 cubic yard), which impacts a portion of the site. The City has agreed to move the pile at its expense, in exchange for promises from Ashland that it will not seek to recover clean-up costs. There have been meetings and conference calls to try and finalize the access agreement. Given the short time window, Ashland would like to start the project November lst. This assumes that the City can relocate the stockpile in October. Both the access agreement and stockpile relocation project would need to be approved by September 27th. There was discussion of the time frame and how much clean up Ashland will do on the former NW Refinery site.