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Ibitymok <br /> BRIGI ION Report Number 13-082 <br /> the city that works for you Agenda Section VI-6 <br /> Council Meeting Date April 9,2013 <br /> REQUEST FOR COUNCIL CONSIDERATION <br /> ITEM DESCRIPTION: Consideration of Amendment to the Access and Indemnity Agreement with <br /> Ashland, Inc. for installation of ground water monitoring wells on the former Northwest Refinery site. <br /> DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director <br /> CITY MANAGER'S APPROVAL: <br /> No comments to supplement this report Comments attached <br /> Recommendation: Staff recommends the City Council approve the attached resolution <br /> authorizing the mayor and city manager to execute an Amendment to the Access and Indemnity <br /> Agreement with Ashland, Inc. for installation of ground water monitoring wells on the former Northwest <br /> Refinery site. <br /> Legislative History: <br /> None <br /> Financial Impact: <br /> None <br /> Explanation: <br /> In September 2011, the City and Ashland, Inc. entered into an Access and Indemnity Agreement related <br /> to clean-up of the former Northwest Refinery site in New Brighton Exchange. The clean-up plan was <br /> ordered by the Minnesota Pollution Control Agency (MPCA) and the City was asked to grant access for <br /> the remediation work. The clean-up was subsequently completed in the winter of 2012. As part of the <br /> work plan, the MPCA ordered Ashland to install groundwater monitoring wells in and around the former <br /> refinery site. Ashland is proposing to install 3 monitoring wells on the City's north park area of New <br /> Brighton Exchange, as well as several in Long Lake Regional Park. The company is working with <br /> Ramsey County on access for those wells. <br /> In discussing the issue with our environmental attorney, we were advised that the best approach is to <br /> amend the existing agreement, granting Ashland additional time (2 years) for the groundwater <br /> monitoring. The attached extension was drafted by the City's legal counsel and has been signed by <br /> Ashl d. <br /> • 0,,.E <br /> Grant Fernelius <br /> Community Development Director <br /> Attachments <br /> I:\COUNCIL\REPORTS\2013\Community Development\4-9-2013\Amendment to Ashland Access and Indemnity <br /> Agreement.doc <br />