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A(fhCITYOF
ST. LOUIS
PARK
OFFICIAL MINUTES
ECONOMIC DEVELOPMENT AUTHORITY
ST. LOUIS PARK, MINNESOTA
October 18, 1999
1. Call to Order
President Young called the meeting to order at 7:25 p.m.
2. Roll Call
The following Commissioners were present at roll call: Jim Brimeyer, Jeff Jacobs, Chris
Nelson, Susan Sanger, Sue Santa, Ron Latz and President Robert Young.
Also present were the Executive Director (Mr. Meyer); Community Development
Director (Mr . Harmening); EDA Attorney (Mr . Lindall); Economic Development
Coordinator (Mr. Kleve); and Recording Secretary (Ms. Olson).
3. Approval of Minutes
a. Approval of Economic Development Authority minutes of October 4,
1999 meeting
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) The minutes were approved as presented with the following corrections.
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Page 3, Paragraph 2, change to "he would not completely rule out the use of
condemnation on this or other projects in the future".
Page 3, Paragraph 4, change to "Commissioner Nelson stated that he also could
not foresee a circumstance in the future where he would be in favor of utilizing
condemnation."
4. Approval of Agenda
4a. Approval of agenda of October 18, 1999 meeting
It was moved by Commissioner Nelson, seconded by Commissioner Sanger, to approve
the agenda with the addition ofltem 7b. The motion passed 6-0.
5. Reports
Sa. Vendor Claim Report
It was moved by Commissioner Nelson, seconded by Commissioner Santa, to accept the
report for filing. The motion passed 6-0.
EDA Minutes -2- October 18, 1999
6. Old Business - None
7, New Business
7a. Approval ofDTED and Met Council Resolutions to allow MSP Real Estate to
submit grant applications for environment clean-up funds for the Mill City site at Hwy 7
and Louisiana
Mr. Kleve, Community Development Director presented a staff report and recommended
approval of both resolutions.
Commissioner Sanger asked what the source of the local match for the DTED Grant
would be if the DTED Grant was approved, but the Met Council Grant was not approved.
Mr. Kleve stated that it would have to be evaluated at that time and noted that by
committing to the resolutions the Council was not committing to accepting the funds.
It was moved by Commissioner Jacobs, seconded by Commissioner Santa, to adopt a
resolution approving DTED Contamination Cleanup Grant application and Met Council
T ax Base Revitalization Account application. The motion passed 7-0.
7b . A m endm ent to the fin ancial assurance provisions of the Consent Decree in the
case of U.S . and State of M innesota v. R eilly T ar & Chemical Corp
M r. M eyer, C ity M anager presented a brief backgro und histo ry on the requ irem ents of
the C o n sent D ecree w ith the F edera l E P A and other parties.
C om m ission er Sanger asked if the new substituted regulations gave the City more or less
fi n ancial access if needed .
M r. L ind all, E D A Att orn ey stated that the pro visions of the orig in al C on sent D ecree only
w ere fo r the benefit of the U.S. and the State and the City only had the ability to stand in
the w ay of the change. H e recom m ended that the C ity not w ithhold appro v al sin ce th e
C ity m ay w ish to seek amendment of the Consent Decree itself in the future.
C om m issio n er Santa qu estioned the ur gent need of E D A appro val w ithou t any prio r
notifi catio n .
M r. L indall in dicated that EDA notification was delayed due to the fact that at first he
didn't think EDA approval was necessary.
C om m issio ner B rim eyer briefly commented on the change to the provisions and felt that
this w as a go o d idea fo r the C ity because it places the bur den w here it belonged with the
F edera l and State and the C ity w ould not have to m onitor this situatio n so cl o sely .
EDA Minutes -3-
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Mr. Meyer indicated that there were provisions of the Consent Decree that applied to the
City that were negotiated at the time in the absence of any federal regulations where there
were federal regulations now. He noted that the City had focused on amending the
provisions of the Consent Decree that referred to closure plans and by establishing those
closure criteria, it did not require the amendment of the Consent Decree. The Consent
Decree says that we will negotiate closure criteria as time goes on. The City would like
to keep the options open with Reilly and the other parties if the City does need to amend
the Consent Decree.
Commissioner Sanger asked if it would make sense to delay taking action to consider
other amendments.
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Mr. Meyer indicated that the time table he referred to was in years rather than in weeks.
M r. Nelson asked what Reilly was required to continue to do and why did Reilly have to
demonstrate financial responsibility.
Mr. Meyer indicated that there were potential obligations that Reilly would continue to
have and that Reilly had to provide a lot money for some of the up front capital back in
1986. However, there were provisions of the Consent Decree that applied to migration of
contamination into Edina and if that was to occur, Reilly could then incur expense in
dealing with some of the treatment facilities into Edina. Reilly was not off the hook
under the whole term of the Consent Decree.
It was moved by Commissioner Brimeyer, seconded by Commissioner Jacobs, to
authorize the EDA President/M ayor to execute the stipulation agreeing to amend the
financial assurance provisions of the Consent Decree in the case of U.S. and State of
M innesota v. Reilly Tar & Chemical Corp., et al to reflect the financial assurance
provisions established by Federal Regulation after the date of the Consent Decree. The
motion passed 7-0.
8. Communications and Bills - None
9. Adjournment
It was moved by Commissioner Jacobs, seconded by Commissioner Brimeyer, to adjourn
the meeting at 7:45 p.m. The motion passed 7-0.