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Rskspac+Ey <br />REQUEST FOR COUNCIL ACTION <br />Date: 05 -11 -2009 <br />Item No.: 13.b <br />Department Approval Acting City Manager Approval <br />04 �07 7,4 a <br />Item Description: Environmental Cost Recovery in Twin Lakes <br />1 BACKGROUND <br />2 <br />3 At the April 27th City Council meeting, Councilmember Ihlan requested that the City Council discuss <br />4 the recovery of environmental clean up costs at Twin Lakes. On December 17, 2007, Larry Espel of <br />5 Green Espel Law Firm prepared a memo regarding the laws regarding environmental cost recovery. <br />6 The memo also reviewed the procedure for a party such as the City to compel previous property owners <br />7 to pay for the costs of the clean up as well as providing an estimate on what it would cost to begin the <br />8 process. The memo did note that the burden of proof would be on the City to prove that potentially <br />9 responsible parties have caused or contributed to the environmental condition of the property. A copy <br />lo of the memo is attached. <br />11 POLICY OBJECTIVE <br />12 The Twin Lakes Redevelopment Area has long been targeted for environmental cleanup. Any process <br />13 that would generate funds to assist in the environmental cleanup would be beneficial. <br />14 FINANCIAL IMPACTS <br />15 The Espel memo estimates that initial costs that the City would need to conduct the environmental cost <br />16 recovery would range from $35,000 to $70,000. <br />17 REQUESTED COUNCIL ACTION <br />18 <br />19 The City Council should discuss whether or not the City should hire environmental consultants and <br />20 attorneys to explore the possibility of recovering the costs for the clean -up within Twin Lakes. <br />Prepared by: Patrick Trudgeon, Community Development Director (651) 792 -7071 <br />Attachments: A: Memo from Larry Espel dated December 17, 2007 <br />Page 1 of 1 <br />