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HomeMy WebLinkAboutCC RES 92-042 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE ACCESS AGREEMENT BETWEEN THE MINNESOTA POLLITION CONTROL AGENCY AND THE CITY OF ST. ANTONY Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 103578 Box: 26 Folder: RES 1992 Document: CC RES 92-042 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE ACCESS AGREEMENT BETWEEN THE MINNESOTA POLLITION CONTROL AGENCY AND THE CIN OF ST. ANTONY • CITY OF ST. ANTHONY RESOLUTION 92-042 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE ACCESS AGREEMENT BETWEEN THE MINNESOTA POLLUTION CONTROL AGENCY AND THE CITY OF ST. ANTHONY WHEREAS, the Minnesota Pollution Control Agency (MPCA), the United States Environmental Protection Agency (EPA), and the U.S. Army are cooperating in the investigation and clean up of contamination from the Twin Cities Army Ammunition Plant which has affected the City of St. Anthony; and WHEREAS, the City of St. Anthony wishes to cooperate in this effort by approving the installation of sample monitoring wells to be located on property owned by the City and within City easements. • NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Access Agreement Between the Minnesota Pollution Control Agency and the City and authorizes the Mayor and City Manager to execute said Agreement on behalf of the City. D Adopted this day of _ J� p�,c� 2i 1992. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • • ACCESS AGREEMENT BETWEEN NIINNESOTA POLLUTION CONTROL AGENCY AND CITY OF ST.ANTHONY WHEREAS, the Minnesota Pollution Control Agency ("MPCA' or" "Agency") has statutory authority to enter upon public and private property for the purpose of conducting surveys and investigations; and WHEREAS, the MPCA, the U.S. Environmental Protection Agency ("EPA") and the U.S. Army are cooperating in investigation and cleanup of the contamination at and migrating from the Twin Cities Army Ammunition Plant ("TCAAP")which has affected the cities of Arden Hills, New Brighton, St. Anthony, Shoreview and surrounding areas. WHEREAS, the Army has the approval of the EPA and MPCA to install, measure and sample monitoring wells to be located on property owned by the City and within City easements; and • WHEREAS, the City wishes to cooperate with the Army, EPA and MPCA in their effort to investigate and remedy ground water contamination. NOW THEREFORE, the MPCA and the City hereby agree as follows: 1. The City agrees: a. That the MPCA and its employees or its agents, including the Army and its contractors, may have access at reasonable hours to its property and easements located at the locations on Attachment 1. b. That the MPCA and its employees or its agents, including the Army and its contractors, may install, measure and sample monitoring wells on the property and easements described in Attachment 1. C. That the City shall not convey any title, easement or other interest in the property without provision for the continued access by MPCA for the above purposes. • f - d. That the City will notify the MPCA Commissioner by certified mail, at • least thirty (30) days prior to any conveyance, of the property owner's intent to convey any interest in the property and of the provisions made for continued access by the MPCA for the purposes described above. 2. The MPCA agrees: a. That it and its agents shall not select locations for the monitoring wells on City property that unduly interfere with the City's normal use of the property. b. That it and its agents shall notify the City at least three days in advance of well installation and of the location of the well. C. That it and its agents shall maintain the monitoring wells during the installation and for the duration of the project. d. That it and its agents shall, upon expiration of this agreement or upon completion of the project, whichever occurs first, abandon the monitoring wells in accordance with the Minnesota Department of Health Well Code. • e. That it and its agents, as a condition to commencement of work, shall provide evidence satisfactory to the St. Anthony City Manager that the well driller(s) to perform work on City property will (i) hold the City harmless from all liabilities, claims, losses, and expenses arising out of or in connection with the work performed by reason of the acts, operations or negligent omissions of the well driller(s), (ii) obtain comprehensive general liability insurance in an amount not less than $1 million, (iii) obtain workers compensation in an amount of not less than $100,000, and (iv) obtain automobile liability insurance providing coverage not less than $200,000 per person and $500,000 per occurrence. f. That it and its agents will restore any grounds, or property damaged or altered in connection with the construction, operation, maintenance or abandonment of the wells including, but without limiting the foregoing, the replacement of sod, removal of -2- spoils, and restoration of grade, to as close to its original condition as is reasonably possible under the circumstances. In addition, the wells located on Rankin Road as shown on Attachment 2 shall be landscaped with not less than 3 evergreen shrubs per well for the purpose of maintaining the aesthetic appearance of the neighborhood in coordination with the City. 3. This Access Agreement may be amended in writing upon agreement of the parties. 4. This Access Agreement will expire upon written notification from the MPCA that the project has been completed, although the MPCA may elect to terminate the agreement at an earlier date by giving written notice to the City. MINNESOTA P LLUTION CONTROL AGAGary . PuWrd Mayor Chief, Site71-7conse etion Dated: City Manager Dated:—S" xn.b, 0 , 1 q senx:ca7 -3-