CCP 10-11-2011 - Laserfiche WebLink

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September 27,2011 Page 5 of 7 The Public Hearing was closed at 7:14 pm. Motion by Councilmember Phillips,seconded by Councilmember Bauman to approve project 10-3. 5 Ayes,0 Nays-Motion Carried Council Business 1.Consideration of Council Business Access Agreement with 1. Access Agreement with Ashland, Inc. for Clean-upof FormerNorthwest Repland'Inc. g Report No. 11-268. Refinery Site. Report No. 11-268. Resolution No. 11-091. Resolution No. 11-091. Director of Community Development Grant Fernelius reported that since early 2007 the City has been working with the MPCA on the clean-up of the former Northwest Refinery site. For the last four years, the MPCA has been in talks with the responsible party, Ashland, Inc. on what should be done to remove the old refinery equipment and contaminated soil. In April, the parties finalized a compliance agreement, which spelled out the obligations of Ashland. The clean-up will be to an industrial standard, meaning there will be some residual contamination left behind. The City has focused its efforts on the access agreement which will provide Ashland with the ability to enter the property and perform the work. The major provisions of the agreement include: 1)the City will relocate the aggregate stockpile before Ashland is to start work; 2) Ashland agrees to indemnify the City against third party claims; and 3) Ashland agrees not to sue the City to recover any clean-up costs. Ashland will also be required to carry insurance and assume all risks associated with transporting materials along the on-site access route. The City has been concerned for many years about the clean-up of the former Northwest Refinery site. The MPCA has already initiated the process to de-list the site from the Minnesota Superfund program, which will help reduce the stigma of marketing the adjacent Phase 2 site. Councilmember Bauman questioned the required clean up standard. Director Fernelius reported the area would be cleaned up to a vacant industrial standard; consistent with the adjacent areas. City Manager Lotter complemented Director Fernelius and his team on the success of the agreement. Motion by Councilmember Phillips,seconded by Councilmember Bauman to approve the resolution authorizing the mayor and city manager to execute the Access and Indemnity Agreement with Ashland, Inc. for the clean-up of the former Northwest Refinery site. 5 Ayes,0 Nays-Motion Carried