2012_0709_Packet - Laserfiche WebLink

Home

AttachmentH Insurance 133 Councilmember McGehee questioned if the City could stipulate that Wal-Mart carry basic or standard 134 insurance to cover injuries to store patrons. 135 City Attorney Gaughan advised that it could be made a requirement of the Agreement; however, he 136 advised that his legal counsel would be to keep in mind that any provisions in the Agreement needed to 137 be reasonable and consistent with other existing or future Development Agreements to avoid any risk of 138 undermining the reasonableness of the City’s demands. Mr. Gaughan opined that he was unaware of 139 any other property owner that the City had required such a mandate. Mr. Gaughan further opined that it 140 was common knowledge that the Wal-Mart Corporation was sufficiently insured, and suggested it was a 141 moot point to require such a provision in the Development Agreement. 142 Level of Environmental Clean-up 143 At the request of Councilmember McGehee, Mr. Trudgeon advised that any environmental clean-up of 144 the property by the developer was under the regulations and requirements of the Minnesota Pollution 145 Control Agency (MPCA), not dictated by the City of Roseville. Mr. Trudgeon anticipated that this 146 would involve either removal or capping of the contamination soil so it no longer created any danger to 147 water bodies or the aquifer; and would require the developer to submit a RAP (Response Action Plan) 148 document detailing their action plan to the MPCA, which would not be under the direct approval 149 authority of the City of Roseville. Mr. Trudgeon noted that there was a difference in clean-up levels 150 between residential and/or commercial areas, but that this was also determined by the MPCA. 151 At the request of Councilmember McGehee, Mr. Trudgeon advised that preliminary analysis of the 152 subject property should be available to any interested parties as public information, since a Phase I and 153 Phase II analysis had been performed. 154 At the request of Councilmember McGehee, Mr. Paschke advised that the developer would be required 155 to meet the regulations of the Rice Creek Watershed District as well as the City of Roseville for storm 156 water management on the site; with an underground chamber proposed, built to specifications of the 157 MPCA, City and Watershed District, and monitored as applicable under their various oversight 158 authorities. 159 Prior to opening the meeting for public comment related to the proposed Plat, Mayor Roe again 160 reviewed the process; and recognizing that this was an intense and emotional issue, sought the respect of 161 all parties moving forward. 162 Public Comments 163 In addition to the written and verbal comments previously expressed to the Planning Commission and 164 received by staff (included in meeting materials), additional written comments to-date were provided as 165 bench handouts, attached hereto and made a part hereof. 166 Amy Ihlan, 1776 Stanbridge Avenue 167 Sue Gilbertson, 2000 Cleveland Avenue N 168 Joyce Thielen, 2210 Midland Grove Road, Unit 203 169 Theresa Gardella, Roseville resident (no address listed) 170 Anonymous e-mail dated May 21, 2012 in opposition to Wal-Mart 171 Timothy Callaghan, 3062 Shorewood Lane 172 Vernon R. Eidman, 90 Mid Oaks Lane 173 Tammy McGehee, Councilmember (2 Memorandums dated May 21, 2012) 174 Page4of14