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MINUTES New Brighton Economic Development Commission Approved Regular Meeting—September 20, 2011 7:30 a.m. Members/Liaisons Present: Paul Zisla, Bob Smith, Terri Snell, Vivian Neumann-Walker, D.L. Beach, Marie Hansen and Councilmember Char Samuelson Members/Liaisons Absent: Mike Murlowski and Al Potter Staff Present: Grant Fernelius-Community Development Director; Janice Gundlach-City Planner, Katie Bruno-Office Assistant. Guests Present: Long Nguyen Call to Order Commissioner Zisla called the meeting to order at 7:31 a.m. Approval of Minutes Commissioner Smith motioned approval of the Minutes from the June 21, 2011 and the August 16, 2011 meetings, Commissioner Snell seconded. Approved 6-0 Report from Council Liaison Councilmember Samuelson reported that the Council approved the 2012 Budget, with a 0% levy, noting taxes will still likely increase. Commissioners were directed to the City's website for materials detailing the tax calculation. The library is on schedule for an October 29th Open House. The New Brighton Historical Society will hold its annual "Over 80 Dinner", celebrating residents over 80 years old. The View Apartments at Long Lake Director Fernelius reported that work continues on the apartment project. The developer did encounter some poor soils near the northeast corner of the site. The soils were a combination of peat and organic clay 14' below grade. This data was noted in previous soil boring reports conducted by the geo-tech engineer (Braun) that did testing in 2006. The information was also noted to Stuart Co. in a letter last November from Braun, as well. The developer claims that the soil correction costs them around $250,000. Commission Neumann-Walker questioned if the peat found was below the area previously tested. Director Fernelius confirmed that was the case. It was explained that when Braun did the testing previously, they were looking at a different footprint, and the testing area varied from the current footprint. Director Fernelius stated that the contract listed the land "as is" noting the City should not be liable, however there may be an issue with Braun. NW Refinery Update Director Fernelius distributed an agreement, noting Ashland has agreed to the terms. The intention is to have the City Council review and approve the Access Agreement at the September 27th meeting. The agreement requires Ashland to remediate the site to a vacant industrial standard by removing the old refinery infrastructure, contaminated soils, abandon nearby wells and conduct future ground water monitoring. The project also de-lists the site from the Superfund program, which has been a goal of City for several years. The City has virtually no say in the level of clean-up and has focused its concerns on liability issues. One of the issues for Ashland concerns the aggregate stockpile that the City acquired from Midwest Asphalt in 2005. The City has been trying to sell the material, but has had difficulty due to the slow economy. Ashland contends that the pile interferes with their proposed clean-