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July 23, 2013 Page 5 of 6 NW, valid August 1, 2013 through December 31, 2013. 5 Ayes, 0 Nays - Motion Carried Council Business 1. Consideration of Letter of Support for delisting of former Northwest Refinery from State Superfund Program by MPCA. Report No. 13 -183. Director of Community Development Femelius reported the MPCA published a notice on July 12 013 that it intends to delist the former Northwest Refinery site, which is located in the New Brighton Exchange, from the state Superfund list. This process began in 1986, when the MPCA first enlisted the site in the program. Since that time, the MPCA, City and the responsible parties, (Ashland Oil and MT Properties) have worked to remediate the site to certain cleanup standards. As part of this effort, the MPCA agreed to delist the site from the program, which will also help alleviate potential concerns of prospective developers about the stigma of building next to a Superhard site. Our environmental advisors have recommended that the City send a letter of support of the delisting process. Staffhas drafted a letter and recommended Council approval. Councilmember Jacobsen questioned how long it would take to have the State take action on this item. Director of Community Development Femelius estimated action would take place shortly after the 31 s`. Councilmember Burg stated this was exciting news for the City of New Brighton as this has been a long and arduous process. Motion by Councilmember Jacobsen, seconded by Councilmember Samuelson to authorize the Mayor and City Manager to sign a Letter of Support for delisting of the former Northwest Refinery from the State Superfimd Program by the MPCA. 5 Ayes, 0 Nays -Motion Carried 2. Consideration of Change Order 1 for City Project 13 -10, New Brighton Exchange (NBE) Phase 2 Import Soil Project (Borrow Source — Highway 96/10). ReportNo.13 -184. Director of Public Works Wyffels explained he had a change order, which includes additional placement and compacting of 70,000 cubic yards of material. This increases the total soil importation from 100,000 to 170,000 cubic yards, which was not anticipated at the time of the original contract. Barr Engineering has reviewed the borrow source location, and they have confirmed that the material will meet the environmental standards for import to the New Brighton Exchange. Barr has also indicated that the use of the Highway 96 borrow source will not require any additional environmental testing to meet MPCA guidelines. Since the City is receiving the material for no cost, no additional adjustment (increase) in contract costs are required. The City will continue to test the compaction efforts of the placed materials, and provide onsite field screening. To allow for variability in the weather, Change Order 1 also seeks to extend the contract completion date to August 9, 2013. The original professional services agreement with American Engineering Testing, Inc. for geotechnical and field screening services of the imported soil material in an amount not to exceed $23,635. This agreement will not change as a result of this change order as it was based on the total volume of 170,000 cubic yards. Staff recommended the Council approve Change Order 1 for City Project 13 -10, New Brighton Exchange (NBE) Phase 2 Import Soil Project. Motion by Councilmember Burg, seconded by Councilmember Bauman to approve Change Order 1 for City Project 13 -10, New Brighton Exchange (NBE) Phase 2 Import Soil Project (Borrow Source — Highway %/10) to Shafer Contracting, Inc. 5 Ayes, 0 Nays - Motion Carried Council Business 1. Consideration of Letter of Support for delisting of former Northwest Refinery from State Superfund Program by MPCA. ReportNo.13 -183. 2. Consideration ofChange Order 1 for City Project 13- 10, New Brighton Exchange (NBE) Phase 2 Import Soil Project (Borrow Source — Highway 96/10). Report No. 13 -184.