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Regular City Council Meeting Monday,May 21,2012 Page 25 other communities with vacant, big box stores on no fully remediated land. Mr. Trudgeon advised that any provisions could be suggested for inclusion in a De- velopment Agreement; however, he questioned the effectiveness of some provi- sions or what the City would want Wal-Mart to do if they chose to close the store in the future. Mr. Trudgeon advised that any remediation should be com- pleted prior to Wal-Mart opening for business; and in his analysis and review of other Development Agreements nation-wide, he was unsure of any advantage to be gained and opined that such a provision might be somewhat unrealistic. Insurance Councilmember McGehee questioned if the City could stipulate that Wal-Mart carry basic or standard insurance to cover injuries to store patrons. City Attorney Gaughan advised that it could be made a requirement of the Agreement; however, he advised that his legal counsel would be to keep in mind that any provisions in the Agreement needed to be reasonable and con- sistent with other existing or future Development Agreements to avoid any risk of undermining the reasonableness of the City's demands. Mr. Gaughan opined that he was unaware of any other property owner that the City had required such a mandate. Mr. Gaughan further opined that it was common knowledge that the Wal-Mart Corporation was sufficiently insured, and suggested it was a moot point to require such a provision in the Development Agreement. Level of Environmental Clean-up At the request of Councilmember McGehee, Mr. Trudgeon advised that any en- vironmental clean-up of the property by the developer was under the regulations and requirements of the Minnesota Pollution Control Agency (MPCA), not dic- tated by the City of Roseville. Mr. Trudgeon anticipated that this would involve either removal or capping of the contamination soil so it no longer created any danger to water bodies or the aquifer; and would require the developer to submit a RAP (Response Action Plan) document detailing their action plan to the MPCA, which would not be under the direct approval authority of the City of Roseville. Mr. Trudgeon noted that there was a difference in clean-up levels be- tween residential and/or commercial areas, but that this was also determined by the MPCA. At the request of Councilmember McGehee, Mr. Trudgeon advised that prelim- inary analysis of the subject property should be available to any interested par- ties as public information, since a Phase I and Phase II analysis had been per- formed. At the request of Councilmember McGehee, Mr. Paschke advised that the de- veloper would be required to meet the regulations of the Rice Creek Watershed District as well as the City of Roseville for storm water management on the site; with an underground chamber proposed, built to specifications of the MPCA,