HomeMy WebLinkAbout12-11-1989RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA N? 3447
Adjourned Meeting No. 18 - December 11, 1989
The meeting of the Common Council was called to order at 4:30 P.M.,
said meeting being held in Room 4 of City Hall.
Present: President Selby, Aldermen Canfield, Hunziker, McConnell
Solinger. Absent: Aldermen Bluhm .and Strain.
Hunziker moved, McConnell second to remove the Execution of the
proposed Consent Order with the County and Mn. Pollution Control
Agency from the table. Ayes (5), Nays (0).Motion carried.
Doug.Gregor, Assistant City Attorney stated that the County,
City and Mn. Pollution Control staffs have concluded their
negotiations regarding a "Consent Order" agreement for investigation
of possible pollution from the Oronoco landfill site. The Consent
Order agreement is a voluntary contract between the City/County
and the MPCA which the City Council could determine to enter in:. -
lieu of proceeding under the Request for Remedial Action order
issued by the MPCA Board on July 25, 1989. That order directed the
City and County to undertake remedial investigations at the site
and to prepare a feasibility study to identify any remedial or remov+
actions which might be necessary to correct conditions at the site.
Copies of the proposed Consent Order and of the MPCA Request for
Remedial Action order are available for those who might be interestel
in reviewing the documents.
Mr. Gregor recommends the City take the same action as the County.
On Dec. 5, the County Board met and designated the County Adm.
to act on -behalf of the County Board. This also includes a
$29,000. reimbursement charge of $29,000. requiring the responsible
parties to pay this sum to the MPCA for investigating the Site
during the period of 1983 up to July 25, 1989. the last part of the
the key points in the key Consent Agreement is no. 9 - Expressly
deny that anything stated in the Order was intended or should be
interpreted by any person as an admission by either the City or
County that they have in any way been negligent or that the landfill
is in fact polluting any groundwater outside of the collection
cells.
10. Expressly does NOT commit either the City or County to actually
undertaking any remedial or removal actions to change any conditions
at the Site. ( Any such actions would have to be ordered at a later
date by the MPCA based upon the findings from these studies.)
After Council discussion, Canfield moved, Hunziker second to adopt
Resolution No. 683-89 authorizing the Mayor and the City Clerk
to execute the proposed Consent Order on behalf of the City;
conditioned upon the County Board's similar approval of the same
document. ( Approved Dec. 5, 1989 ). After Council dicussion
Solinger moved, McConnell second to amend the motion to include
"That City staff appear before the Mn. Pollution Control Agency."
Ayes (5), Nays (0). Motion carried. The motion above was voted
on. Ayes (5), Nays (0).Motion carried.
Having no further business, Hunziker moved, McConnell second to
adjourn the meeting. yes (5), Nays ).Motion carried.
pc � Cyty Clerk