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. ARDEN HILLS CITY COUNCIL - August 15,2000 2 City Attorney Filla addressed the document languagc, stating that is was standard language for federal government contracts, and as legislation had already determined the suitability of conveyance, Mr. Filla saw no reason for concern, Councilmember Rem addressed concerns regarding the outstanding public comment period for the Finding of Suitability for Transfer (FOST) remaining open until September 5, 2000, and the COlillcil taking any action prior to the end of the comment period, City Attorney Filla stated that the FOST simply documented a small portion of the agreement; and there was minimal chance of any controversy or even public comment on the document, as the transfer was not a controversial issue. Councilmember Rem further expressed concerns regarding the limited time frame - six (6) months - of the Right of Entry Agreement, while waiting for the Fee Title paperwork to be processed, as it related to start of construction, . Mayor Probst addressed Councilmember Rem's concerns, stating that Congress had acted and the land conveyance was eminent, with only the federal bureaucracy and paperwork process with thc DoA remaining outstanding, Mayor Probst reiterated his confidence that this will happen, Mayor Probst expressed his concern that continued delays were escalating costs to taxpayers, with the City having to bid the project twice, as we were unaware of the required paperwork process. Councilmembcr Grant concurred with Councilmember Rem's concerns regarding the Right of Entry Agreement's six (6) month term, and continued delays by the DoA for the land conveyance. Councilmember Grant referenced several dates addressed in the July 21, 2000 letter from Rochon Corporation to the City of Arden Hills, City Administrator Lynch stated that the dates in the letter were based on conversations with the Army Corps of Engincers, and since those conversations the dates had further changed, Mr. Lynch deferred to City Attorney Filla to address several minor legal concerns, but stated that staff had verified that awarding the contract conditionally, with a limited Notice to Proceed, in accordance with limitations of the DoA's Right of Entry document, would not commit the City to ordering of the steel for the project, a major financial undertaking, and the City wonld be committing to the work done to-date, Peter Vesterholt, Architect with Architectural Alliance, stated that the letter from Rochon Corporation had been reviewed and dralled at the recommendation of Rochon Corporation's attorney, and concurrence with the City's Architect. Mr. Robert Dew, Project Manager with Rochon, clarified his intentions in the July 2151 letter, stating that at the time of writing, thc dates specified were used as a "hopeful milestone," and were used, as directed by their company's legal counsel, to protect their firm from any fallout . should the City invoke suspension of the contract, and to protect from ramifications with their