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5.4B. SR 12-13-2004
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5.4B. SR 12-13-2004
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1/21/2008 8:34:01 AM
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<br />these actions was October 31, 2004. The letter attached to this memo dated November 6, <br />2003 contains this timetable. <br /> <br />Staff next met with Mr. Hamilton, his attorney, his environmental consultant and a potential <br />developer of the property on September 22, 2004. The letter attached to this memo dated <br />September 29, 2004 goes into detail about what was discussed at this meeting. <br /> <br />Reportedly, Mr. Hamilton's environmental consultant had trouble getting a work plan for <br />the investigation of the contamination approved by Minnesota Pollution Control Agency <br />(MPCA) and it would now be too late to complete this work and the potential cleanup in the <br />2004 construction season. Staff informed Mr. Hamilton the MPCA approval in question <br />had nothing to do with the buildings on the site being removed and that their <br />recommendation to the City Council would be to take immediate legal action if the October <br />31, 2004 deadline for this item was not met. Mr. Hamilton argued to keep the pole barn on <br />the site to store the equipment he would need to do the cleanup. Staff agreed to this and the <br />older white building, the one in the worse shape has since been removed. Mr. Hamilton's <br />environmental consultant contends a new realistic deadline for the cleanup is August 31, <br />2005. <br /> <br />Mr. Hamilton would like the city to sponsor a Contamination Remediation Grant. This <br />grant would pay up to 75% of the cost of investigating the extent of the contamination and <br />cleanup. The city would be responsible for the other 25% of these costs. Under this grant, <br />the property would either have to be redeveloped into a use that produces jobs (it is <br />currently zoned residential) or workforce housing. <br /> <br />RC RoIl-offs <br />This was the site of illegal burning of refuse by the RC Roll-off Company in 2002. <br />Contamination from that incident was remediated at a cost of $74,673.72 in the summer of <br />2002 by (MPCA). The City of Elk River reimbursed MPCA out of its Landfill Abatement <br />Funds. Other costs associated with this crime, including such items as Police and Street <br />Department time, came to $35,114.09. <br /> <br />The owner of RC Roll-offs was convicted of a felony and has paid the city $10,000 in <br />restitution. With the exception of the issue of reimbursement of city costs, this issue is <br />resolved. Mr. Hamilton would like to discuss forgiving these costs with the City Council. <br /> <br />Discussion topics: <br />~ Should the city agree to the proposed August 31, 2005 deadline for removing the <br />remaining building on the site and the cleanup of the residual contamination from <br />the Custom Motors Junkyard or immediately start legal action? <br />~ Should the city participate in a 25% cost-sharing grant for cleaning up this site? <br />~ Is work force housing appropriate in this location? <br />~ Should the city and can the city assess the cost of the RC Roll-off cleanup to the <br />property? <br />
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