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CC 06-27-1988
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CC 06-27-1988
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<br />Minutes of the Arden Hills Regular Council Meeting, June 27, 1988. <br />Page 2 <br /> <br />.~~ <br /> <br />FIRE AGMT. (Cont'd) <br /> <br />Councilmember Hansen pointed out the following change: <br /> <br />-Section I, page 2: Dates should read July 31, 1987 until December 31, 1998. <br /> <br />. <br /> <br />Lyndsn explained ths budget changes on Page 2, Ssction 2 (e), which essentially <br />is the same only broader and comparable with Shoreview's fire agreement, and <br />Section II, page 7. <br /> <br />Lynden explained the agreement refers to mediation, however, after reviewing the <br />provision it was his opinion it should be classified as arbitration. The changes <br />made in the arbitration provision are in the first paragraph of Section 13; <br />Lynden explained that by referencing Section 12 (e)(ii)(b) and 12 (e)(ii)(c), <br />those both relate to the deficiency status and Section 12 (g) relates to <br />termination or arbitration due to non-compliance. He referred to Section 13, <br />first paragraph, where the language states "or non-compliance allegation..."; <br />Lynden advised this relates to the arbitration being utilized in situations other <br />than deficiency status situations. Lyndsn stated that Section 13 (f) was edded to <br />follow the City of Shoreview approach and Section 13 (g) limits the arbitration <br />panel's authority. <br /> <br />The Attorney noted an typing error on page 5, Section 5, the second sentence <br />should read as follows: "Such agreements shall be premised on the condition <br />...", the word "not" should be deleted. <br /> <br />Hansen moved, seconded by Peck, that Council approve . <br />Resolution No. 88-17, Approving the Fire Protection Agreement and Authorizing <br />Mayor and Clerk Administrator to Execute Agreement, with the amendments to the <br />agreement as outlined and recommended by Attorney Lynden in his memorandum of <br />June 17, 1988, and that a certified copy of the agreement be forwarded to the <br />Lake Johanna Volunteer Fire Department. Motion carried unanimously. (3-0) <br /> <br />STATUS REPORT; <br />RENDERING PLANT <br /> <br />Attorney Lynden reported to Council on the rendering <br />plant meeting held 6-17-88. <br /> <br />Lynden explained that he was extremely pleased with Charles McGinley, the <br />inspector retained jointly by Arden Hills and New Brighton, and stated a <br />preliminary report Was prepared by McGinley for Council review. He advised <br />McGinley is in the process of preparing a more detailed report based on his <br />inspection of the plant premises last week. Attorney Lynden referred Council to <br />the confidential memorandum of 6-24-88 reviewing the status of the plant and <br />which discusses some strategies Arden Hills may pursue. <br /> <br />The Attorney stated that from the preliminary inspection it appears the machinery <br />used for odor control purposes at the plant is not operating effectively. Lynden <br />explained he is comfortable with the strides the City is taking at this time. <br /> <br />Lyden reviewed the cost estimate of $19,000.00, submitted by Mr. McGinley, which ~ <br />covers the following items: <br /> <br />$5,500.00 for McGinley's services with respect to permit applications. <br />3,000.00 for compliance monitoring. <br />4,000.00 for hot-line and training inspector. <br />5,000.00 for helping the two Cities develop ordinances. <br />2,000.00 for land use planning assistance. <br /> <br />The Attorney suggested it would be in order for Council to consider payment of <br />half the cost estimate amount to retain McGinley. <br /> <br />There was discussion relative to expediency of resolution of this matter, the <br />extent of Arden Hills staff involvement versus retaining McGinley's services, and <br />the possibility of recouping a portion of the expenditures by increasing the <br />permit fee to COVer the costs. <br /> <br />Attorney Lynden stated he would.meet with McGinley to discuss the above cost <br />breakdown, in terms of Arden Hills individual effort, and the extent of <br />McGinley's involvement. <br /> <br />Council concurred that the matter could be held until such time as more <br />information relative to the plant inspection and McGinley's involvement was <br />received from Attorney Lynden. <br /> <br />. <br />
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