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•1 up by the MPGA. Acting City Manager VanderHeyden confirmed that <br /> 2 understanding. Makowske then questioned page 15, number 6.4, which <br /> 3 reads: "The City recognizes that reimbursement is dependent upon <br /> 4 funding through the EPA." She asked whether that sentence implied that <br /> 5 the City might be left responsible for payment of certain expenses. <br /> 6 Mayor Sundland pointed out a sentence stating that the State is not <br /> 7 responsible for changes or delays caused by the EPA. Acting City <br /> 8 Manager VanderHeyden responded that the MPCA had refused to alter the <br /> 9 sentence referred to by Makowske. She explained that the MPCA limits <br /> 10 its role to that of mitigator between the City and the EPA. Mayor <br /> 11 Sundland remarked that the statement was not inconsistent with what had <br /> 12 previously been presented to the City. <br /> 13 Councilmember Marks questioned whether the lawsuit could be reopened at <br /> 14 a future date should the remedy prove unsatisfactory. The Acting City <br /> 15 Manager responded affirmatively, and explained that the law firm of <br /> 16 Briggs and Morgan had advocated such a stipulation in the agreement. <br /> 17 Councilmember Enrooth asked about the meaning of language on page 18 of <br /> 18 the agreement referring to disposition of the system once the water <br /> 19 contamination was cleaned up. VanderHeyden explained that the City <br /> 20 must then follow EPA and MPCA guidelines regarding disposal of the <br /> 21 carbon and the chemicals, and that the EPA and MPCA would at that time <br /> 22 issue instructions to the City on the disposition of the facility <br /> 23 itself. <br /> *4 Council Action <br /> 25 There being no further discussion Mayor Sundland called for a vote. <br /> 26 RESOLUTION 89-007 <br /> 27 A RESOLUTION AUTHORIZING THE MAYOR AND ACTING CITY <br /> 28 MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE <br /> 29 CITY OF ST. ANTHONY AND THE MINNESOTA <br /> 30 POLLUTION CONTROL AGENCY <br /> 31 Motion carried unanimously. <br /> 32 ADJOURNMENT_ <br /> 33 Motion by Sundland, seconded by Enrooth to adjourn the Council meeting <br /> 34 at 8:50 P.M. <br /> 35 Motion carried unanimously. <br /> • <br /> 9 <br />