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<br />Regular City Council Minutes - 2/3/03 <br />Page 9 <br /> <br />that contract elements are in place in the City's previous <br />acceptance of the original proposal. Mr. Squires stated <br />that while the Attorney General's opinion would probably <br />hold, the City could redesignate, possibly prompting <br />ensuing discussion. Mr. Squires stated that the City did <br />not solicit sealed bids, simply an RFP process. <br /> <br />Mayor Kysylyczyn asked City Attorney Squires if the <br />motion on the table specifically violated law. <br /> <br />City Attorney Squires stated that, on its face it raised <br />questions addressed by City Attorney Anderson's legal <br />opInIon. <br /> <br />Councilmember Klausing spoke against the motion, <br />opining that, while it may not be illegal, was this <br />something the Council wanted to do from an integrity <br />and/or ethical standpoint. Councilmember Klausing stated <br />that costs to defend the City's second request for the RFP <br />process could be prohibitive to any cost savings realized. <br /> <br />Councilmember Kough spoke against the motion, opining <br />that the integrity of the RFP process would be damaged. <br /> <br />Further discussion included whether or not a contract <br />existed; whether the City should consider expending <br />additional energy and resources on potential defense of <br />this issue; <br /> <br />Councilmember Maschka spoke against the motion, <br />opining that the Council needed to consider whether this <br />action was considered good public policy to enter into <br />RFP's and then not honor the RFP process; and whether or <br />not the City's integrity was at stake, whether or not it was <br />later determined if a contract did or did not exist. <br /> <br />Roll Call <br /> <br />Ayes: <br />Nays: <br /> <br />Kysylyczyn. <br />Kough, Klausing, Maschka and Schroeder. <br /> <br />Kysylyczyn moved, Schroeder seconded authorizing the <br />City Attorney to refer this issue to the State Attorney <br />