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Minutes of the Arden Hills Regular Council Meeting, May 8, 1989 Page 5 AUDIT (Cont'd) The Clerk Administrator explained he has had discussions with the Acting City Attorney and identified three Council in the event the data from phase II is not received time-frame: options available to within the scheduled . 1. Council could terminate and renegotiate the purchase agreement. 2. An extension of the date of completing the audit and the closing date, without terminating the agreement, could be negotiated; the City would still retain the right to terminate. 3. The purchase agreement could be amended so that Darling, Inc. is responsible for all soil contamination and correction costs. Berger explained he and Filla had contacted Rolfe Warden, Attorney for Darling, Inc.; Warden requested nothing be done at this time and a copy of the audit be forwarded for his review. Paul Goudreault stated it would be approximately 4 to 6 weeks before phase II data would be returned to Council. Hansen moved, seconded by Malone, to direct staff to negotiate an extension of the date of termination of the purchase agreement to June 19, 1989, based on the findings in Phase I of the audit. Council discussed proceeding with phase II of the environmental audit and options available for pursuing purchase of the site. ~ Motion and second were withdrawn. Malone moved, seconded by Growe, that Council authorize the Attorney to amend the purchase agreement with Kern Milling to allow an additional six weeks to the date of termination for receipt of Phase II of the Environmental Audit and that the six week period to commence on the day on which the amendment is added to the purchase agreement. Motion carried unanimously. (5-0) Malone moved, seconded by Growe, that Council authorize staff to enter into an agreement with Delta Environmental to provide Phase II of the Environmental Audit upon execution of the amended purchase agreement which delays the date of termination six weeks, authorize funds not to exceed $15,000.00 for Phase II of the audit, and advise Delta representatives that any additional procedures or expenditures would require Council approval. Motion carried unanimously. (5-0) OFFICE HOURS; CITY HALL Council was referred to the Clerk Administrator's report dated 5-5-89, requesting a change in the City Hall office hours from 8:00 a.m. to 4:30 p.m. Monday thru Friday. . Hansen moved, seconded by Malone, that Council approve the recommendation from Clerk Administrator Berger to set City Hall Office Hours as 8:00 a.m. to 4:30 p.m., Monday through Friday, effective Monday, May 22, 1989, and to direct staff to publish the hours in the New Brighton Bulletin 5-17-89 and the next issue of the Town Crier. Motion carried unanimously. (5-0) SET PUBLIC HRG; OAK AVE. IMPRVMT. Malone moved, seconded by Hansen, that Council schedule a Public Hearing for Tuesday, May 30, 1989, at 7:30 p.m. regarding the Storm Sewer Improvement No. ST-89-02, and direct staff to publish a notice of hearing in the New Brighton Bulletin. Motion carried unanimously. (5-0) AMM DELEGATE Clerk Administrator Berger reported that the Association of Metropolitan Municipalities has requested Council appoint a delegate and alternate to serve as AMM representatives for the City. Council concurred to appoint Councilmembers Thomas Mahowald as delegate and Growe as alternate representatives to AMM. COUNCIL COMMENTS . ODOR HOTLINE Councilmember Hansen questioned if the odor Hot-line phone number would be available to the public; the Clerk Administrator stated the number will be published for public use.