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Regular City Council Meeting Monday, Apri120, 2009 • Page 7 cals; weight of equipment at approximately 4,000 pounds and requiring a secure platform structure tied into the building; noise levels comparable to that of a run- - Wing refrigerator; and the notice area for the project at 500' from the site. Klausing moved, Johnson seconded, adoption of Resolution No. 10704 entitled, "A Resolution Approving an Amendment to the Eagle Crest Planned Unit Devel- opment (PUD), 2925 Lincoln Drive (PF09-005);" allowing the installation of three telecommunication antenna on the roof by T-Mobile." Roll Call Ayes: Ihlan; Roe; Pust; Johnson; and Klausing. Nays: None. Councilmember Pust noted the need for future revision of code inconsistencies for such use in residential areas; with City Planner Paschke advising that those incon- sistencies, among others, were included in proposed and pending code rewrites. c. Award Bid for 2009 Contract B City Engineer Debra Bloom reviewed this request and advised that normally it would be considered as a Consent Agenda item. Ms. Bloom noted that the Con- tract was for three specific segments and reviewed each. • Ms. Bloom advised that, during the Public Hearin held for the Roselawn ro'ect g p J questions had been raised related to possibly expanding the City's deferral policy to consider financial hardship deferrals. Ms. Bloom advised that, in reviewing Minnesota Statute 435.193-195 with the City Attorney, it was determined that expansion of the policy to include economic hardships was not permitted under statute. Ms. Bloom further noted that the City had received eight competitive bids for the project; each 20-25% lower than the engineer's estimate. However, Ms. Bloom advised that staff was requesting award to the third lowest responsible bidder, based on General Provision 249.0 for mobilization costs. Ms. Bloom advised that the two lowest bidders did not comply with requirements of this provision; and staff was concerned that this had potential to increase total construction costs. Ms. Bloom noted that the City could rebid the project, but that timing and con- struction season considerations made this option more risky for the City. Ms. Bloom advised that staff had reviewed references of the proposed bidder and had received favorable responses from those communities having used this firm. Ms. Bloom noted that, staff recommendations for using the third lowest bidder still provided a 20% decrease in assessments for the Roselawn portion of the project than the engineer's original estimate. •