DISCLAIMER

06-0865R


RESOLUTION ALLOWING THE FEDERAL GOVERNMENT TO RETURN A BUILDING AND PROPERTY TO THE CITY AND DULUTH AIRPORT AUTHORITY.

BY COUNCILOR STAUBER:

     The city council of Duluth finds:

     (a)  Many years ago, the city of Duluth leased land to the U.S. department of defense (DoD) for the operation of a United States Air Force (USAF)base at the Duluth International Airport (DIAP); and

     (b)  In the early 1980's, the USAF ceased to operate an air base facility at DIAP and released portions of the previously leased premises to the city for operation by the Duluth airport authority (DAA); and

     (c)  Other portions of the leased premises, including the hanger 103 parcel, were retained by the DoD and provided for use to other federal and related agencies including the Minnesota Air National Guard; and

     (d)  The DAA desires to use the hanger 103 parcel to provide additional hanger and office space at the DIAP; and

     (e)  The hanger 103 parcel has been determined to be impacted by low level environmental contaminants which are subject to a long-term DoD clean-up program; and

     (f)  DoD is willing to amend the lease to exclude the hanger 103 parcel at this time if a responsible party will take upon itself any clean-up obligations in conformance with the requirements of MPCA; and

     (g)  DAA and DoD have each paid to have experts test the site for contamination; and

     (h)  The results of the two separate investigations indicate that the level of contamination existing on the hanger 103 parcel is within the amount allowed by MPCA and Minnesota department of health standards; and

     (i)  City has determined that it is of vital importance to the economic development of the aviation industry at the DIAP that the city take whatever steps are necessary to facilitate amendment of the lease to exclude the hanger 103 parcel at this time and return it to local control and use.

     NOW, THEREFORE, BE IT RESOLVED, that the city of Duluth does hereby commit to accept future environmental response costs associated with the environmental conditions which existed prior to January 1, 2007, that are identified in the phase II environmental base line survey done in 2006 on the Hanger 103 parcel, which property is generally shown on that map on file in the office of the city clerk as Public Document No. ________________, subject to DoD amending the existing lease to release the hanger 103 parcel therefrom. The city reserves the right to pursue Minnesota Air National Guard, DoD or any other responsible party for environmental response costs if, in the future, new, previously unknown information provides evidence that significant environmental conditions existed on the Hanger 103 parcel prior to the Hanger 103 parcel being excluded from the DoD lease.


STATEMENT OF PURPOSE:  This resolution allows the federal government to return to the city and DAA a large airplane hangar facility, free of charge. The city must agree to accept liability for any contamination of the type already investigated and tested. That type has been tested and does not require clean-up, so the city is not taking on a clean-up expense.