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<br />Council Meeting Minutes <br />August 23, 1994 <br /> <br />Page 6 <br /> <br />Council Business. continued <br /> <br />Proper confirmed that the project is on a critical timeline and Barr has spend a <br />considerable amount of effort to remain on schedule. <br /> <br />Theresa Perry, Barr, noted that Barr has made a valiant effort to not delay the <br />project. The MPCA and Army have set a tentative date of January 1995 for the <br />system to be operational, however, if construction began tomorrow the system <br />would not be operational until summer 1995. <br /> <br />Benke asked if LeFevere reviewed this situation with the Army. LeFevere has <br />reviewed the situation with the City's Environmental Attorney. Proper confirmed <br />the Army is aware of the situation and staff recommendation is to award the bid <br />contingent upon Army approval. <br /> <br />LeFevere feels this matter is based on speculation that there was collusion, but the <br />facts presented do not lead him to that conclusion. <br /> <br />Williams asked that if Egan did move for an injunction would they be liable for <br />increased project costs or legal fees which the City would spend in that effort. <br />LeFevere said the City would attempt to convince the court to order a bond be <br />posted in the amount sufficient to cover whatever damages from the delay. The <br />City may need to rebid upon the Court's decision. <br /> <br />Williams noted that the Council will come together in an unofficial capacity on <br />Thursday for the Stockyard Days Parade, and suggested the item be deferred so that <br />LeFevere could complete his investigation. <br /> <br />Samuelson agrees with Williams to delay the issue until Thursday. <br /> <br />Larson asked how Sullivan received information of Dyck's comments regarding the <br />Shank bid. Sullivan said two Egan employees spoke to Dyck and got the impression <br />there was an agreement to use Shank. Larson noted that Dyck informed the other <br />mechanical bidders that they decided upon Shank. Sullivan said that general <br />contractors normally give the job to the low bidder, and Egan informed Penn-Co <br />that they would resubmit a lower bid. <br /> <br />Williams feels the item should be deferred to Thursday, August 25, to allow for <br />further investigation. The Council will meet on August 25, at 5:00 p.m. in the <br />Council Chambers to further discuss this agenda item. <br /> <br />Motion by Williams, seconded by Gunderman, to TAKE NO ACTION ON THE <br />BID AWARD FOR PROJECT 94-01. <br /> <br />5 Ayes - 0 Nayes, Motion Carried. <br /> <br />Motion by Gunderman, seconded by Samuelson, to AUIHORIZE STAFF TO <br />PROCEED WITH THE ESTABLISHMENT OF LEASE ARRANGEMENTS <br />WITH COMMUNICATIONS VENDORS FOR LEASING SPACE ON THE <br />JONES LAKE MUNICIPAL WATER TOWER FOR CELLULAR <br />PHONE/OTHER COMMUNICATION PURPOSES. <br /> <br />5 Ayes - 0 Nayes, Motion Carried. <br /> <br />Council Business I <br /> <br />Project 94-01, <br />PGACWTF Addition <br />Award of Bids <br />Report 94-198 <br /> <br />I <br /> <br />U. S. West Lease of I <br />Water Tower Space <br />Report 94-199 <br />