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2009_0720_Packet
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2009_0720_Packet
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delved into identifying the extent of contamination or found the source material for the <br />groundwater contamination. In order to determine remedial actions and an associated cleanup <br />amount, the City would first need to engage an environmental consultant to complete the <br />necessary assessment activities. <br />Privatelv Owned Properties: Seyond the land associated with public infrastructure and Langton <br />Lake Park, the land within this area is privately owned. The City cannot require environmental <br />assessment on private property and these properties have not been identified as an immediate <br />threat by the federal and state regulatory agencies (U.S. Environmental Protection Agency or <br />MN Pollution Control Agency). To complete necessary environmental assessment and remedial <br />planning activities, the City would either need to purchase the land or get access agreements <br />from the property owners to allow for this activity. Private property owners may not be willing <br />to grant access if the outcome will lead to the City going after them to recapture the costs for the <br />cleanup. <br />Number of Past Users: This area is contaminated by very general contaminates, such as gasoline- <br />range organic compounds, diesel-range organic compounds, and cleaning solvents, that could <br />have been generated by any number of users over time. Many of the parcels have had numerous <br />users that could have contributed to the release of these materials. Attributing them to any one <br />user may be challenging. If the City can attribute them to a specific business or group of <br />businesses, the next step would be to determine if these businesses still exist or have any viable <br />assets. <br />Cost of Seeking Damages: At this point, the City has invested very little of its own funds in <br />environmental assessment, planning, and cleanup activities within this area. Engaging an <br />attorney and environmental consultant, estimated by Mr. Espel to costs between $35,000 and <br />$70,000, to undertake the necessary work to initiate the cost-recovery process will be very <br />expensive and, ultimately, may be fruitless as there is no guarantee that the City will ever <br />recuperate its costs. <br />REQUESTED COUNCIL ACTION <br />Discuss the potential of seeking environmental cost recovery for environmental assessment and <br />cleanup costs within the Twin Lakes redevelopment area. <br />Prepared by: Jamie Radel, Economic Development Associate <br />Attachments: A: Espel Memorandum dated December 17, 2007 <br />B: Extract of City Council Meeting Minutes from May 18, 2009 <br />Page 2 of 2 <br />
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