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Regular City Council Meeting <br /> Monday,May 12, 2014 <br /> Page 28 <br /> tion. Councilmember McGehee opined that the other criteria was skewed in ad- <br /> dition to the interview process; and submitted that, now that the weather was bet- <br /> ter and materials available, she would yield to Councilmember Willmus if the <br /> package was rebid and Stantec not shut out of that process. Councilmember <br /> McGehee opined that it was just an unfortunate circumstance with the additional <br /> snow cover compounded by Stantec having previous knowledge of all the sites. <br /> At the request of Mayor Roe, Mr. Brokke confirmed that Stantec had helped vol- <br /> unteers removing Buckthorn at Reservoir Woods, verifying that they had the ex- <br /> pertise required in this package. <br /> Mayor Roe stated that he found no issues from his perspective with the bidding <br /> process, which had been vetted through the City Attorney, opining that weather <br /> was not a factor; and everyone had the opportunity to provide value added com- <br /> ponents even more stellar than obtaining grants. In the overall process, Mayor <br /> Roe opined that Stantec came out the clear leader, and reiterated that he saw no <br /> issues with the process. <br /> At the request of Councilmember Laliberte, City Attorney Gaughan reviewed his <br /> non-decision-making role in reviewing this process. Mr. Gaughan advised that he <br /> provided an opinion to staff in general perspective as to whether a consultant <br /> could bid on actual work, with his general advice most centrally focused on low <br /> bid environments. While this was a best value procurement process providing <br /> significant line evaluation components mitigating potential exposure, Mr. <br /> Gaughan opined that all exposure would never be eliminated on that point. With <br /> the best value procurement not widely used yet in the State of MN by municipali- <br /> ties, Mr. Gaughan noted that this provided little in the way of definitive advice on <br /> potential exposure for the City. <br /> Councilmember Laliberte questioned, if the process was rebid with the same <br /> players, whether the City's liability exposure would be the same as it is today. <br /> City Attorney Gaughan opined that, whether it was the same or not, from what he <br /> heard, the potential appearance of vice is that one proposer had more exposure to <br /> properties without snow cover, when serving as a resource person for the City. If <br /> that was the concern for any potential bias, Mr. Gaughan opined that it made <br /> sense that there would be less exposure if the package was rebid. <br /> Councilmember Etten noted that whether or not a park was snow covered, or if <br /> you had exposure at that park during removal of Buckthorn in a section of the <br /> park, it remained for consideration that much of these areas are available via aeri- <br /> al photos taken during the summer allowing access into spaces and other areas <br /> when they were not snow covered. Using Evergreen Park as an example, Coun- <br /> cilmember Etten noted that it was a grass field, and you didn't need to see the ac- <br />