HomeMy WebLinkAboutJune 21, 2010 Minutes regarding Agreement and Release with Pacific Hide and Fur Depot.pdf
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 21, 2010
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, June 21, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor,
City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City Attorney Greg
Sullivan, Assistant City Attorney Tim Cooper and City Clerk Stacy Ulmen.
* * Please refer to the audio recording of this meeting for additional detail.
0:00:25 A. Call to Order
Mayor Krauss called the Meeting to Order. He does not see this as litigation and therefore will
not close the meeting for this discussion.
The purpose of this Meeting is to discuss the Agreement and Release between the City of
Bozeman and Pacific Hide & Fur Depot DBA Pacific Steel and Recycling (Pacific) for
Proportional Share of Remedial Action Costs at CMC Asbestos Facility.
0:00:41 Chris Kukulski, City Manager
Mr. Kukulski spoke regarding the Agreement and Release between the City of Bozeman and
Pacific Hide & Fur Depot DBA Pacific Steel and Recycling (Pacific) for Proportional Share of
Remedial Action Costs at CMC Asbestos Facility. He spoke regarding the third paragraph. He
spoke regarding the percentage share of liability allocated to Pacific in the Stipulated Agreement.
0:01:28 Mr. Kukulski
Mr. Kukulski stated that this agreement was emailed to the Commission Thursday afternoon. Mr.
Kukulski spoke regarding the contribution by Pacific whom agreed to pay $650,000. He spoke
regarding the asbestos removal areas. Mr. Kukulski spoke regarding the concern of liability of
future asbestos cleanup and the discussions that took place with Pacific.
0:06:42 Tim Cooper, Assistant City Attorney
Mr. Cooper spoke regarding claims and liability.
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0:09:49 Mr. Cooper
Mr. Cooper stated that the City's responsibility for future remedial action costs will be limited to
the amount equal to its claim against the Orphan Share plus the City’s one percent share of
liability allocated in the stipulated agreement.
0:11:53 Mr. Kukulski
Mr. Kukulski spoke regarding the Orphan Share funding.
0:13:50 Greg Sullivan, City Attorney
Mr. Sullivan asked the Commission to reiterate that the release is ok.
0:13:55 Mayor Krauss
Mayor Krauss stated yes.
0:14:44 Cr. Taylor
Cr. Taylor spoke regarding indemnity.
0:15:15 Mr. Cooper
Mr. Cooper spoke regarding possible asbestos locations.
0:19:23 Mr. Kukulski
Mr. Kukulski spoke regarding the boundary of the cleanup.
0:20:02 Mr. Kukulski
Mr. Kukulski spoke regarding test punch holes along Wallace.
0:24:03 Meeting Adjourned
The Mayor adjourned this portion of the meeting at 5:30 p.m.
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Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
____________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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