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• <br />MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />October June 25, 2001 <br />(Long Lake /Orono Fire Station, Continued) <br />Escrow Account Balance <br />Sansevere moved, Peterson seconded, to accept the following language for inclusion into the <br />Settlement Agreement: "The escrow account balance shall be used in its entirety to provide for <br />the costs of the design and the construction of the Replacement Fire Station for the Long Lake <br />Fire Department. In the event that the entire amount of the escrow account balance is not <br />required for the Replacement Fire Station, the balance shall be owned 50 percent by Long Lake <br />and 50 percent by Orono, and shall be used to fund future capital requirements of the building <br />or major equipment purchases. VOTE: Ayes 5, Nays 0. <br />Cost Over -Runs <br />White recommended that any provision relating to cost over -runs be deleted from the agreement and <br />that the budget be adhered to. <br />Flint moved, Peterson seconded, to accept the following language for inclusion in the Settlement <br />Agreement: "In the event that the cost of the Replacement Fire Station should exceed the <br />Mn/DOT settlement, the Orono contribution of $680,000.00, the $200,000.00 reimbursement for <br />soil correction and site preparation, and the $200,000.00 reimbursement for the cost of the <br />Replacement Land, and all accrued interest, the Long Lake and Orono shall share equally in the <br />• cost of any additional shortfall for the cost to design and construct the Replacement Fire Station. <br />VOTE: Ayes 5, Nays 0. <br />Termination of Fire Services Agreement <br />Tom Barrett, City Attorney, stated to his understanding the definition of good cause has not been <br />included in the documents. Barrett stated the agreement allows either City to terminate for good cause <br />but does not define what good cause is. <br />Barrett stated the proposal for good cause as suggested in the amended fire services agreement would <br />be A) A pattern of inadequate service quality, including inadequate response to calls, inadequate <br />training, inadequate handling of calls; or B), A pattern of budget overruns. Barrett stated that would <br />help to define good cause. <br />Barrett stated since the City is entering into a 20 year agreement for fire protection services, the Cit. <br />will want to include a provision that provides the citizens are getting quality service. Barrett reiterated <br />the definition of good cause should be included in the agreement. <br />Murphy questioned whether the notice required should be 36 months or 12 months. <br />Bash stated in his view the 36 months would be preferable since it gives both cities enough time to try <br />to resolve whatever differences have arisen and in a sense acts as a cooling off period. <br />• Flint stated he does not see the proposed language by Long Lake anywhere in the agreement. <br />PAGE 21 <br />