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to the triangle parcel with the highest concentrations of soil contamination near the former pump islands at depths of 10 to 12.5 feet below ground(Attachment B). Presbyterian Homes completed successive rounds of testing to determine the limits of the groundwater contamination. The groundwater contamination plume has move eastward to the parcel currently occupied by the Sutton Place Apartments (Attachment Q. Based on the testing results, the groundwater contamination appears to have stabilized and will likely degrade over time. The MPCA follows a risk-based process. For the triangle parcel, because there are no nearby groundwater wells, the groundwater contamination is not reaching surface water bodies or aquifers, and the soil contamination is too deep to pose a risk of human contact, the MPCA is not requiring additional remediation activities at this time. Any further remediation would be in response to specific development plans. It is unlikely that any development scenario would result in the removal of more soil than what was required to be removed for footings or foundations. Liability Under Minnesota State law, only a property owner who owned or operated a tank can be held responsible for investigation or remediation. Because the tanks have already been removed,the City cannot be held liable for contamination issues related to the tanks. The City is responsible, however, for implementing appropriate actions for any waste that it"creates" on the site, for example, by unearthing contaminated materials for footings if the City were to develop a structure that required footings. In that case, staff recommends that the City hire a consultant to draft a Construction Contingency Plan for review by the VIC program. Based on the depth of soil contamination reported, staff does not feel that a Construction Contingency Plan is necessary if site improvements were limited to the gateway sign, related lighting, and landscaping. Site Improvements The triangle parcel has been designated a priority location for a gateway sign. The gateway sign design that the City has chosen does not require footings. The City Council has discussed additional site improvements beyond the gateway sign and related landscaping that could include: • Driveway closures; • Completion of curb and gutter; • Benches; • A gazebo, clocktower or other structure; City of Arden Hills City Council Work Session January 22, 2013 Page 2 of 3