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COUNCIL MINUTES NOVEMBER 8, 2004 <br />APPROVED <br />•97 <br />98 Public Services Director DeGardner summarized the Staff report, indicating Staff recommends <br />99 approval. <br />100 <br />101 Councilmember Carlson noted there is substantial difference between bids in this case, but questioned <br />102 if there was any precedent being set by accepting unequal payments when the request was specifically <br />103 for three equal amounts. <br />104 <br />105 City Attorney Hawkins opined that if the bid is higher and substantially the same terms the higher <br />106 bidder would get the contract. He indicated the City will have to deal with this on many contracts and <br />107 will have to look at each one individually. He stated there could be situations where someone <br />108 receives an advantage by changing the terms, but that is not the case here. He indicated the law <br />109 allows for a minor difference in specifications, unless material. <br />110 <br />111 Councilmember Dahl questioned if in the future they could remove the word `equal' and just ask for <br />112 three installments. <br />113 <br />114 Public Service Directors DeGardner indicated Staff did not want to be in a position of determining <br />115 which terms were more favorable for the City if the payments were of extreme variation each year. <br />116 <br />117 Councilmember Stoltz moved to adopt Resolution No. 04-145 awarding lease agreement to farm <br />118 property at Centerville Road and Birch Street. Councilmember Reinert seconded the motion. <br />119 <br />20 Motion carried unanimously. <br />21 <br />122 Resolution No. 04-145 can be found in the City Clerk's office. <br />123 <br />124 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA <br />125 <br />126 A. Consideration of Resolution No. 04-172, Extension of VLAWMO Joint Powers <br />127 Agreement <br />128 <br />129 Community Development Director Grochala reviewed the Staff report, indicating Staff's <br />130 recommendation is to approve the extension. <br />131 <br />132 Councilmember Carlson moved to adopt Resolution No. 04-172 approving a one-year extension to <br />133 the Joint Powers Agreement for Vadnais Lake Area Water Management Organization. <br />134 Councilmember Stoltz seconded the motion. <br />135 <br />136 Motion carried unanimously. <br />137 <br />138 Resolution No. 04-172 can be found in the City Clerk's office. <br />139 <br />140 B. Consideration of SECOND READING of Ordinance No. 23-04, Vacating Drainage and <br />141 Utility Easement, Christopher Lee, 1049 Black Duck Court, Jim Studenski <br />142 <br />• <br />3 <br />