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Regular City Council Meeting Monday, July 25, 2016 Page 22 Councilmember Laliberte sought clarification for which separate foundations were being addressed to test each independently, noting reference wasn't suffi- cient for the "west" building and "east" building without creating confusion. City Attorney Gaughan noted the "west" and "easY' building foundations were the descriptors as noted on the displayed map; and expressed concern that those de- scriptors of identifying them as "each segmenY' was too vague. Councilmember Etten noted the other outbuildings on site as well. Mayor Roe suggested language consisting of "testing of foundations regardless of their date of construction." Mayor Roe questioned if that provided sufficient and clear direction to staff for them to know which sections should be tested. City Attorney Gaughan stated his concern that this was getting into a fence line issue and creating more vagueness in the attempt to get more specific. Mr. Gaughan suggested the year of construction may be the cleanest way to clarify the intent. Mayor Roe clarified that everything installed before 1970 should be tested; and anything after that didn't need to be tested. City Attorney Gaughan referenced the original motion as stated; noting that the point was to address the area of highest likelihood to contain asbestos; noting that may in and of itself trigger MPCA interest. Discussion ensued regarding actual motion language desired; and preferred due diligence by the city for this parcel and potential contaminants. Mayor Roe refocused discussion on the current amendment before the body, re- stated as: Laliberte moved, McGehee seconded, amendment to the motion that Condition #7 be revised to state "all concrete will be tested, regardless of the date poured," with removal of the specific 1970 date. After further discussion, Councilmember Laliberte recognized the vagueness of her motion, and difficulty for staff to enforce; but reiterated her concern that the year was not appropriate to include. Roll Call Ayes: Laliberte and McGehee. Nays: Willmus, Etten and Roe. Motion failed.