HomeMy WebLinkAbout86-47 - ADMIN Resolution - City Council - 1986/04/21RESOLUTION NO. 86-47
RESOLUTION AUTHORIZING EXECUTION OF CONSENT DECREE
IN REILLY TAR LITIGATION
WHEREAS, the United States of America on behalf of the United
States Environmental Protection Agency and, with respect to
natural resource damages only, the United States Department of
Interior; the State of Minnesota, by its Attorney General, its
Department of Health and its Pollution Control Agency; Reilly Tar
& Chemical Corporation ('Reilly'); the City of St. Louis Park
('City'); the City of Hopkins; the Housing and Redevelopment
Authority of St. Louis Park; Oak Park Village Associates; and
Philip's Investment Co. (hereinafter referred to individually and
collectively as 'Party' or 'Parties') have given preliminary
approval to a Consent Decree in United States of America, et al.
v. Reilly Tar & Chemical Corporation, Housing and Redevelopment
Authority of St. Louis Park, Oak Park Village Associates, Rustic
Oaks Condominium, Inc. and Philip's Investment Co., et al., United
States District Court, District of Minnesota, Civil File No.
4-80-469;
WHEREAS, the purpose of the Consent Decree is to avoid
prolonged litigation, to permit expeditious implementation of the
activities described in the Consent Decree, to protect the public
health and welfare and the environment from the risks alleged to
arise from the release or threatened release of hazardous or other
chemical substance at, on or from the former Reilly Site, and to
provide for the implementation, if necessary, of future contingent
actions which are reasonably foreseeable possibilities but whose.
precise need cannot be determined from present information;
WHEREAS, a Remedial Action Plan ( "RAP') is attached to the
Consent Decree, marked as Exhibit A, and is an integral and
enforceable part thereof;
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WHEREAS the RAP contains a program designed to protect the
public health and the environment from releases or threatened
releases of chemical substances at, on or from the Reilly Site and
includes contingent measures, the need for which cannot be
determined from present information but is a reasonably
foreseeable possibility;
WHEREAS, the City desires (1) to protect the public health and
welfare and the environment from the releases or threatened
releases of hazardous and other chemical substances at, on or from
the former Reilly Site known to the Parties as defined in the
Consent Decree; (2) to implement the powers given to the City in
its City Charter; and (3) to compromise and settle, according to
the terms of the Consent Decree, the dispute between Reilly and
St. Louis Park;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of St. Louis Park that the Mayor, City Manager and City Attorney
{are hereby authorized to execute said Consent Decree, including
the RAP.
Adopted by the City Council on
Attest:
City Cle k
1?
Reviewed for Administration:
L9
(-7(
y Manager
Reviewed for sdm at4on
City Attorney
04 94 k
April 21
Co, iticr-rt.
Ly - Hanks
Its Mayor
, 1986.
mes L. Br i meyer
Its City Manager