HomeMy WebLinkAbout86-48 - ADMIN Resolution - City Council - 1986/04/21APPENDIX A
RESOLUTION NO. 86-48
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BY AND BETWEEN
THE CITY OF ST. LOUIS PARK AND REILLY TAR & CHEMICAL
CORPORATION AS EXHIBIT B TO CONSENT DECREE
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 ("United States"); the State of Minnesota, by its
Attorney General, its Department of Health and its Pollution
Control Agency ( State"); Reilly Tar & Chemical Corporation
("Reilly"); the City of St. Louis Park ( City"); the City of
Hopkins ( Hopkins"); the Housing and Redevelopment Authority of
St. Louis Park ("HRA"); Oak Park Village Associates (Oak
Park"); and Philip's Investment Co. ("Philip's") (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, a Remedial Action Plan ("RAP") is attached to
the Consent Decree, marked as Exhibit A, and is an integral and
enforceable part thereof;
WHEREAS, the RAP contains a program designed to
protect the public health and welfare and the environment from
the releases, or threatened releases, of Chemical Substances
at, on, or from the former Reilly Site in St. Louis Park and
includes contingent measures, the need for which cannot be
determined on present information but is a reasonably
foreseeable possibility;
WHEREAS, Reilly commits in the Consent Decree to
implement the requirements of the Consent Decree and RAP except
where performance by another Party is expressly provided in the
Consent Decree and RAP;
WHEREAS, the undertaking by St. Louis Park of certain
of Reilly's rights and obligations under the Consent Decree,
including the RAP, is specifically recognized and governed by
the Consent Decree;
WHEREAS, in order (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; (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,
St. Louis Park is willing to undertake certain of the rights
and responsibilities of Reilly under the Consent Decree and RAP;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of St. Louis Park that an Agreement be made with
Reilly in accordance with the above considerations and in
substantial conformance with the draft Agreement by and between
the City and Reilly transmitted by letter from Dorsey & Whitney
dated April 4, 1986, as amended by letter from Dorsey & Whitney
dated April 9, 1986;
BE IT FURTHER RESOLVED that the City Council hereby
authorizes the Mayor, City Manager and City Attorney to execute
said Agreement.
Adopted by the City Council on April 21 , 1986.
Attest:
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a), grc4L
L
Le Hanks
s Mayor
c xvt C . ?
es L. Brimeyer
s City Manager
Wayn- G. Popham,
Reg. No. 87579
Popham, Haik, Schnobrich,
Kaufman & Doty, Ltd.
4844 IDS Center
Minneapolis, MN 55402
(612) 333-4800
Attorneys for City of
St. Louis Park
Reviewed for Administration:
City Manager
Reviewed for Administration:
City Attorney
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