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04-441Council File # �� !' Presented Referred to Green Sheet # � RESOLUTION CITY OF SAINT PAUL, MINNESOTA 13 Committee: Date 1 WIIEREAS, the Environmental Protection Agency, Brownfield Assessment Program has 2 made funds available to the Minnesota Pollution Control Agency (MPCA) through its Voluntary 3 Investigation and Cleanup Unit, to assist in funding of Phase I and Phase II Environmental Site 4 Assessments; and 5 WHEREAS, the City of Saint Paul is an eligible applicant and desires to submit a 6 Brownfield Assessment Grant Program applicarion to the Minnesota Pollution Control Agency 7 for the Lilydale Regional Park, Pickerel Lake Site Renovation project ; and WHEREAS, the City of Saint Paul, Division of Parks and Recreation owns the property on which the Pickerel Lake Site Renovation proj ect is located; and 10 WHBREAS, the City of Saint Paul, Division of Parks and Recreation is eligible to 11 participate in the referenced program, and 12 WIIEREAS, Pickerel Lake is in an area of natural beauty in the flood plain of the 13 Mississippi River. Future plans for the site will require these environmental assessments to be 14 performed prior to any grading or clean up work proceeding; and 15 WHEREAS, Pickerel Lake and the City will greatly benefit from the completion of Phase 16 I and Phase II Environmental Site Assessments; now, therefore, 17 BE IT RESOLVED, that the City of Saint Paul act as legal sponsor for the Lilydale 18 Regional Park, Pickerel Lake site, in the Brown Field Assessment Program grant application and 19 that the Mayor and proper City officials are hereby authorized to submit an application to the 20 MPCA allowing them to hire environmental professionals to conduct the assessments for this 21 project on behalf of the City of Saint Paul; and 22 BE IT FURTHER RESOLVED, that the Mayor and proper officials of the City of Saint 23 Paul are hereby authorized to execute such agreements as are necessary to implement the 24 referenced project on behalf of the City. Page 1 of 2 Council File # �—�� Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred to Committee: Date 25 G:�Dsgn & Construction\WP\KRIS\GreenSheetsCounsilRes\pickerel lake.resv✓pd eas ttenanav Bostrom Harris Adopted by Adoption C By: � Approved% By: � � ✓ � i v v cil: Date: �=?�o1� ied�by Council Secretary �ayor: Date: / L,'���t.r�n/ �J _ Requested by Division of Parks and Recr ation ��?ryGe.,,� ,B�z� Form Approved by City AY�qrney / / By: - 2uGC'L,� . Approv , y Mayor.for S- 'ssion t Counc' g�,. Gi /J Page 2 of 2 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green SheLt `� --�- - - --...------�--- PR — PazksandRecreation 14-APR-04 Green Sheet NO: 3015015 ! Contact Person & Phone: ' Jody Martinez i 266-6424 , Must Be on Council qqen � Assign Number Por Routing Order DEp2rtR10flt yenc �o rerson miciavuaie 0 ks and R ' n o 1 azks and Recrealion De arhnent Director � i 2 i Attome 3 r• �ce Ma or/A isYant 4 ouncil 5 iri Clerk I Ciri Clerk I 6 R ti n .M ' I Total # of Signature Pages 1 (Clip All Locations for Signature) � Action Requested: 'i Approval for MPCA to execute Phase I and Phase II Environmental Site Assessments at Pickerel Lake in Lilydale Regional Pazk. i i rsecommendations: approve (a.) or tte�ect (tt): ' Planning Commission CIB Committee Civil Service Commission A Personai Service concrac[s musc Answer me raiowmg uues[ions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any curreni ciry employee? Yes No Explain all yes answers on separete sheet antl attach to green sheet �I Initiating Problem, Issues, Opportuniry(Who, What, When, Where, Why): I Future plans for cleaning up and grading the site will require environmental assessments to be performed. I I Advantages If Approved: I, Assurance that the site is environmentally safe and that we can safely proceed with future work. Less cost to City to pe�orm . necessary work. � Disadvantages If Approved: ; None � � Disativantages If Not Approved: ; Loss of funding opportunity to perform environmental assessments. � i Total Amoun: of � Transac[ion: i � Funding Source: j Financial information: �, (Explain) Cost/Revenue Budgeted: Activity Number: ��XP� r-� [� I, � f�G�R�E l�( �N � /��� `� ACCESS AGREEMENT BETWEEN IvIINNESOTA POLLUTION CONTROL AGENCY AND > The Minnesota Pollution Control Agency (MPCA) is invesrigating the release of hazardous substances or pollutants or contaminants in the vicinity of properry owned by >(the Properry Owner) at: > Check if legal descriprion is also attached. The Properiy Owner hereby consents and authorizes MPCA, its employees, agents, and contractors to enter this properry for the purpose of invesfigating the release of hazardous substances or pollutants or contaminants including conducting soil borings and/or installing and sampling ground water monitoring wells. The MPCA is authorized to take these actions under Minn. Stat. § 115B.17, subd. 4 and Minn. Stat. § 115.04, subd. 3. The MPCA will attempt to notify the Property Owner at least 48 hours before entering the property. Work will be conducted during regular business hours (8:00 a.m. - 5:00 pm.) unless the MPCA receives permission to conduct work during different hours. The MPCA will conduct its acrivities so as to minimize interference with the use of the property. If any portion of the properry must be disturbed as a result of the MPCA's activities, the MPCA will restare the property to as close to its original condition as is reasonably possible under the circumstances. The Property Owner will take reasonable precautions to insure that the equipment of the MPCA and its contractors on the property and monitoring wells aze not damaged and that the work being conducted by the MPCA, its employees, agents, and contractors is not disrupted. MPCA will obtain any necessary permits for installation and maintenance of the monitoring wells, if such wells are installed. Upon completion of all necessary sampling, the MPCA will seal the monitoring wells in accordance with state law. Results of all testing conducted on the property will be provided to the Property Owner after test validations. The MPCA will be liable for injury to or loss of properiy or personal injury or death caused by any act or omission of any employee of the state in the performance of the work described above, under circumstances where the state, if a private person, would be liable to Yhe claimant, in accordance with Minn. Stat. § 3.736. MINNESOTA POLLUTION CONTROL AGENCY >(Property Owner's Name) >(Name of Person Signing for MPCA) Signature >(Title) >(Division) Title Date Date AG:123061 vi