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Minutes of the Arden Hills Regular Council Meeting, 4-10-89 'Page 6 KEM MILLING (Cont'd) Filla advised the property owner is not interested in sharing the cost of the environmental audit, nor would they be interested in paying more than one-half of the taxes payable in 1989. He stated if the City acquires the property this year the property would be tax-exempt in 1990; the cost in 1989 would be approximately $7,500.00. . Clerk Administrator Berger reported briefly on the quotes received from three firms for the environmental audit. There was discussion relative to extension of the dates that the proposal would remain valid, closing and purchase of the property; Council and Attorney Filla expressed concern that the Phase I results from the environmental audit may not be received prior to the date listed in the agreement. Filla advised this problem was not anticipated and suggested the dates be extended. Rolfe Warden, Attorney for Darling & Company, stated it appears the timing is right and there is sufficient time to receive the results of the preliminary audit. After further discussion, the attorneys and Council agreed to amend the dates of the agreement to coincide with the dates of the regularly scheduled Council meetings and to allow sufficient time for the environmental audit results to be reviewed by Council. Hansen moved, seconded by Malone, that Council approve the proposed Purchase Agreement between Darling & Company and the City of Arden Hills, and authorize the Mayor and Clerk Administrator to execute the Agreement ... and supplement to the proposed purchase agreement, subject to the following: 1. Date of Closing to be changed from May 10, 1989 to June 12, 1989. 2. Date of Notice of Termination from April 27, 1989 to May 30, 1989. 3. Changes in dates to be reflected in amended paragraphs on proposed purchase agreement; or be means of a separate supplement. Motion carried unanimously. (5-0) EVIRON. AUDIT; KEM MILLING SITE Council was referred to a memorandum from Berger dated 4-10-89, regarding three quotes received to conduct an environmental audit at the Kem Milling site. Berger advised the first phase of the audit will identify any hazardous materials in the building that will need to be disposed of separately from the demolition; pending the results of Phase I, Phases II and III may not be needed. Councilmember Malone noted the quote from Braun does not include asbestos testing. In reviewing the quote from Delta, Phase II of their proposal would include asbestos testing. . Malone moved, seconded by Growe, that Council direct the Clerk Administrator to enter into an agreement with Delta Environmental Consultants to conduct Phase I and the parts deemed necessary of Phase II, of the environmental audit of the KEM Milling site, and specific that Phase I of the audit be completed and results returned to Council by May 24, 1989. Motion carried unanimously. (5-0) LEASE AGREEMENT; CELLULAR ONE Council was referred to a memorandum from Berger dated 4-7-89, relative to the proposed Cellular One Water Tower Lease Agreement. Acting Attorney Filla reviewed the amendments to the agreement and referred Council to his letter dated 4-5-89, which outlines the changes requested by the Attorney representing Cellular One in his correspondence of 3-28-89. Filla advised the following three items were not inserted in the draft agreement: . 1. The Telephone Company requested rental adjustments be maximized at 20% per rental terms, as opposed to a straight comparison to the increase in the cost of living index over the same period of time. 2. The Telephone Company would like paragraph 6(e) to permit immediate access by the Telephone Company in the event of an emergency or equipment failure. 3. The Telephone Company would like to add paragraph 16 (h) which indicates that as long as the Telephone Company is attempting to cure any defaults with due diligence, the time for curing the default will be extended until the Telephone Company remedies the situation.