CR2008-095 Accept Transfer of Title, OPUS 3-Acre Open Space Parcel and Regional Stormwater Pond Improvements~~TY OF
NOPKINS
October 15, 2008
Council Report 2008-095
Accept Transfer of Title, OPUS 3-acre Open Space Parcel and Regional Stormwater
Pond Improvements
Proposed Action.
Staff recommends adoption of the following motion: Move that Council adopt resolution
2008-057, a resolution acceptingthe transfer of title from Opus Northwest to the City for
Outlot "A", Excelsior Crossings; accepting the public improvements on Outlot "A",
including the Regional Stormwater Retention Pond; and revokingthe outstanding
special assessment against the Outlot "A" parcel.
overview
The PUD/Development Agreement between the City and Opus Northwest, dated
August 14, 2006 requires that Opus construct a regional stormwater pond on Outlot A
and upon its satisfactory completion to transfer the title of the property to the City.
Additionally, per the development agreement staff recommends the City accept the
public improvements completed within Outlot A, including the stormwater pond and trail.
The City Attorney has determined that the property title is free of all liens and
encumbrances. Opus Northwest has completed all required environmental cleanup
actions and the City has received a No Association Determination by the MPCA. After
execution of the Development Agreement it was determined that the 2nd Street NE
reconstruction area should be extended further east resulting in a $29,831 special
assessment against this parcel. City staff and the City Attorney agree that this
assessment is not addressed in the terms of the development agreement and should be
assumed by the City. Staff recommends approval of the resolution, as proposed.
Primary Issues to Consider.
• Outlot A environmental condition
• Additional Public Improvements
Supporting information.
• Resolution 2008-057
• MPCA No-Association Letter
Steven J. Stadler, Public
orks Director
Council Report 2008-095
Page 2
Analysis of Issues
• Outlot "A" environmental condition
Filling activities occurred on the property after 1953 and since 1988 the property has
been used as a snow dump. Phase I environmental site assessments were completed
in 2005. Phase II investigations were completed in 2006 and an updated Phase I site
assessment was completed in 2007. In October 2006, Opus enrolled the Outlot A
property and Excelsior Crossings in the MPCA Voluntary Investigation and Cleanup
Program and the Petroleum Brownfields Program. In 2007, a Voluntary Response
Action Plan (VRAP) was approved by the MPCA. Soil cleanup work, including
excavating the top 4 feet of soil to reduce Polynuclear Aromatic Hydrocarbon
contamination, was completed. A No Association Determination was made by the
MPCA. This removes the City from any association with the release or threatened
release of pollutants at the site.
• Additional Public Improvements
Additional public improvements include a new traffic control signal at the Excelsior
Crossings main entrance and construction of the entrance road between Jackson
Avenue and the public alley that also gives access to the child care facility.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION N0. 2008-057
RESOLUT[ON ACCEPTING THE "l'RANSFF,R OF T[TLE FROM OPUS
NORTHWEST TO THE CITY FOR OUTLOT "A", EXCELS[OR CROSSINGS;
ACCEPTING THE PUBLIC IMPROVEMENTS ON OUTLOT "A"; AND REVOKING
THE OUTSTANDING ASSESSMENT AGAINST THF, OU"PLOT "A" PARCEL
WHEREAS, the City entered into a PUD/Development Agreement with Opus Northwest
on August 14, 2006 that stipulated the conditions for transfer of title of Outlot "A" from
Opus Northwest to the City and for City acceptance of public improvements and,
WHEREAS, the City Attorney has determined that Opus Northwest has met all said
conditions for title transfer and that the title for Outlot "A" is free and clear of all liens
and encumbrances and,
WHEREAS, the City Engineer has inspected and approved the public improvements
constructed on Outlot "A" and,
WHEREAS, it has been determined not to be fair or reasonable to impose a special
assessment for street improvements upon Opus Northwest for the Outlot "A" parcel prior
to it being transferred to the City;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins,
Minnesota that:
1. The City of Hopkins accepts title to the Outlot "A" property from Opus
Northwest, Inc.
2. The City of Hopkins accepts the public improvements on Outlot "A",
including the regional stormwater retention pond.
3. The City of Hopkins revokes the special assessment against Outlot "A" in the
amount of $29,831.
Adopted by the City Council of the City of Hopkins this 21st day of October 2008.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
Minnesota Pollution Control A enc
g Y
520 Lafayette Road North ~ St.Paul,~la1N 55155-4194 1651-296-6300 1800-657-3864 1651-182-5332 TTY ~ www.pca.state.mn.us
September 2b, ?008
Mr. Steven Stadler
City of Hopkins
1010 First Street South
Hopkins, MIV 55343
RE: Opus-Hopkins Site
Outlot A, 9300 Excelsior Boulevard (3 Acre Lot North of Second Street), Hopkins
MPCA Project Number VP21590
No Association Determination
Dear Mr. Stadler:
This letter is in response to the request from Jeremy Steiner, of Steiner & Curtiss, for a determination
under Minn. Stat. § 11 SB.178 that certain actions proposed to betaken by the city of Hopkins at the
Opus-Hopkins Site, located at the address referenced above (the Site), will not constitute conduct
associating the city of Hopkins with the release or threatened release of hazardous substances,
pollutants, or contaminants at the Site for the purpose of Minn. Stat. § 1 I SB.03, subd. 3(4) (2006).
The Minnesota Pollution Control Agency (MPCA) staff has reviewed the information submitted for
the Site. Opus Northwest, LLC, completed a Phase I and Phase II environmental investigation of the
Site and purchased the Site in 2006. The Phase I investigation indicates the property has remained
vacant land used occasionally for snow storage. The Phase 11 field investigation of the Site
determined that much of the fill soil at the Site contained debris and polynuclear aromatic
hydrocarbons (PAHs) at concentrations well above the MPCA's Soil Reference Values (SRV) for
residential properties, For the purpose of this letter, the identified release at the Site (Identified
Release) consists of the PAHs in the soil.
In 2006 Opus Northwest, LLC, implemented response actions at the Site consistent with an MPCA
approved Response Action Plan and amendments. The response actions included the excavation and
disposal at the Veolia ES Rolling Hills Landfill in Buffalo of approximately 12,300 cubic yards ofsoil
contaminated with PAHs from an unknown source. The excavation was backfilled with soil from the Site
meeting the cleanup goals. Soil samples from the base and walls of the excavations documented that the
remaining PAH concentrations in the top four feet of soil are less than 4.0 mg~'kg benzo(a)pyrenc
equivalents which is the MPCA SRV f'or commercial and industrial properties for those compounds. Soil
backfill, boring and test trench samples demonstrated that the soil below a four foot depth is less than the
Soil Leaching Values (SLVs) for commercial/industrial properties,
Following the completion of the response actions, Opus Northwest, LLC, constructed a stormwater
retention pond and a bicycle and pedestrian trail at the Site.
~__~
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f STATEHOOD
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Mr, Steven Stadler
September 26, 2048
Page 2
Based upon a review of the information provided to the MPCA VIC Program, and subject to the
conditions set forth in this letter, a determination is hereby made pursuant to Minn. Stat. § l 15B.178,
subd. 1 that the proposed actions (Proposed Actions} as described in a letter from Jeremy Steiner to
Wayne Sarappo of the MPCA, dated September 22, 2008 (the Letter) will not associate the city of
Hopkins with the Identified Release for the purpose of Minn. Stat. § 11 SB.03, subd. 3(4} (2006},
The Proposed Actions for which this determination applies include the following:
Purchase of the Site;
Operation and maintenance of the Site as a storm water retention system, pedestrian and bike
trails and green space; and
Seasonal snow storage.
This determination is made in accordance with Minn. Stat, § 1158.178, subd, 1, and is subject to the
Following conditions:
1. The Proposed Actions shall be carried out as described in the Letter;
2. The City of Hopkins shall cooperate with the MPCA, its employees, contractors, and others
acting at the MPCA's direction, in the event that the MPCA takes, or directs others to take,
response actions at the Site to address the Identified Release or any other as yet unidentified
release or threatened release of a hazardous substance, pollutant, or contaminant, including, but
not limited to, granting access to the Site so that response actions can betaken;
3. The City of Hopkins shall avoid actions that contribute to the Identified Release or that interfere
with response actions required under any MPCA-approved response action plan to address the
Identified Release;
4. In the event that any suspected hazardous substances are encountered during future Site activities
(i.e., soil removal, grading, retention pond maintenance, etc.}, the city of Hopkins shall notify the
MPCA project staff immediately in order to determine appropriate handling, sampling, analysis,
and disposal of such wastes;
6. The city of Hopkins shall record, at its own expense, in the office of the County Recorder or
Registrar of Titles, whichever is appropriate, in and for Hennepin County, an affidavit describing
the contamination remaining at the Site in tlye form enclosed as Attachment B. The description
shall disclose that the Site soils are contaminated with PAHs. A copy of the proposed affidavit
language shall be submitted to the MPCA staff for review and approval within sixty (60}days
after receipt of this letter and thecity of Hopkins shall record the affidavit within thirty (30)
calendar days after receipt of MPCA approval. The city of Hopkins shall submit a copy of the
affidavit as recorded to tl~e MPCA within thirty (30) days after the afftdavit is officially
recorded;
Mr. Steven Stadler
September 26, 2008
Page 3
Pursuant to Minn. Stat: § 11 SB.178, subd.l, when the city. of Hopkins takes the Proposed Actions in
accordance with the determination in this letter, subject to the conditions stated herein, the Proposed
Actions wilt not associate the city of Hopkins with the Identified Release for the purpose of Minn.
Stat. § 115B.03, subd. 3(4} (2006}.
Please be advised that the determination made in this letter is subject to the disclaimers found in
Attachment A and is contingent on compliance with the terms and conditions set forth herein,
including the submittal of the copy of the recorded affidavit.
if you have any questions about the contents of this letter, please contact Wayne Sarappo at
651-296-7297 or Lynne Grigor at 65 I -296-8572.
Sincerely,
,~ ~`~'v1
Barbara Jackson
Supervisor
Superfund, RCRA and Voluntary Cleanup Section
Remediation Division
BJ/WS;Is
Enclosures
cc: David Jaeger, Hennepin County Environmental Services
Margaret Knowlton, Opus Northwest, LL,C
Jeremy Steiner, Steiner & Curtiss
ATTACHMENT A
DISCLAIMERS
Opus~Hopkins Site
MPCA Project Number VP21 S90
1, Reservation of Authorities
The MPCA Commissioner reserves the authority to take any appropriate actions with respect
to any release, threatened release, ar other conditions at the Site. The MPCA Commissioner
also reserves the authority to take such actions if the voluntary party does not proceed in the
manner described in this letter or if actions taken or omitted by the voluntary party with
respect to the Site contribute to any release or threatened release, or create an imminent and
substantial danger to public health and welfare.
2. No MPCA Assumption of Liability
The MPCA, its Commissioner and staff do not assume any liability for any release,
threatened release or other conditions at the Site or for any actions taken or omitted by the
voluntary party with regard to the release, threatened release, or other conditions at the Site,
whether the actions taken or omitted are in accordance with this letter or otherwise.
3. Letter Based on Current Information
All statements, conclusions and representations in this letter are based upon information
known to the :vIPCA Commissioner and staff at the time this letter was issued. The MPCA
Commissioner and staff reserve the authority to modify or rescind any such statement,
conclusion or representation and to take any appropriate action under his authority if the
MPCA Commissioner or staff acquires information after issuance of this letter that provides a
basis far such modification or action.
4. Disclaimer Regarding Use or Development ofthe Property
The MPCA, its Commissioner and staff do not warrant that the Site is suitable or appropriate
for any particular use.
5. Disclaimer Regarding Investigative or Response Action at the Property
Nothing in this letter is intended to authorize any response action under Minn. Stat.
§ 115B.17, subd. 12.
Pagelofl