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<br />. <br /> <br />. <br /> <br />. <br /> <br />ARDEN HILLS CITY COUNCIL - August 15, 2000 <br /> <br />4 <br /> <br />whether this was standard language for the DoA, Councilmember Grant was concerned that the <br />document fully protected the DoA's rights, but the City had little recourse, <br /> <br />City Attorney Filla stated that the document appeared to be standard for a DoA document, with <br />the first paragraph addressing their right to essentially rcvoke the document at any time, Mr. <br />Filla stated that he wouldn't expect any other document from a federal agency, as they usually <br />maintained all authority, Mr. Filla reminded Councilmembers that the DoA had also been <br />working on the land conveyance for ten (10) years, and that the City was dealing with a branch <br />of the D,S, Government, and should havc every reasonable expectation that the land conveyance <br />will occur. Mr. Filla stated that, ifthc Council was looking for a document that guaranteed no <br />financial risk to the City, the DoA would not cooperate with such verbiage, Mr. Filla stated that, <br />the only reasonable event that they would not convey, would be for an environmental issue, and <br />the property has been reviewed so thoroughly, there should be no reason to suspect any <br />environmental issue, <br /> <br />Councilmember Rem stated that the City's environmental consultant had found environmental <br />issues that the DoA had missed beforc, and while the City had received the legislation, we still <br />had no firm date, and since the City had been pursuing the property for ten (10) years already, <br />she was not confident of that process, Councilmember Rem expressed concerns about what the <br />cost had been to the City in bidding the project twice, prior to possession of Fee Title, <br /> <br />Mayor Probst concurred with the comments made by Councilmember Larson, and City Attorney <br />Fills regarding the good faith action by the DoA in providing an early Right-of-Entry document <br />to accommodate preliminary construction work, and that the small parcel for City Hall had been <br />held to a higher standard of environmental concern than any other portion of TCAAP, Mayor <br />Probst encouraged Councilmembers to move the project forward at this time, <br /> <br />Councilmember Grant expressed further concerns that the DoA had all the legal authority in the <br />Right of Entry document, with the City being required to take the legal document at face value <br />and take a "leap of faith" hoping that all would work out. <br /> <br />Councilmember Larson acknowledged Councilmember Rem's comments regarding actions of <br />previous City Council's in decisions regarding moving forward with plans for the new City Hall <br />following the Council's endorscment of that decision with other actions, <br /> <br />MOTION: <br /> <br />Councilmember Larson moved, and Councilmember Aplikowski seconded a <br />motion to authorize Mayor Probst to enter into a Right-of-Entry Agreement as <br />prepared by the Department of Army (DoA) Material Command, Document No, <br />DACA45-3-00-6088, The motion carried (4-1, Councilmember Rem opposed), <br /> <br />A WARD OF PARTIAL OR WHOLE CONSTRUCTION BID <br /> <br />City Attorney Filla initiated discussion on the contract, and its potential award as addressed in <br />the July 21, 2000 letter from Rochon Corporation and subsequent July 24, 2000 letter from <br />