Minutes - Council - 03/09/2021 - Laserfiche WebLink

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7.06: Adopt Resolution #21-057 Accepting Bids and Awarding Contract for Improvement Project #21-00, Riverdale Drive Reconstruction, Feldspar Street to Sunfish Lake Boulevard City Engineer Westby reviewed the staff report and recommendation to adopt Resolution #21-057 accepting bids and awarding a contract for construction of Improvement Project #21-00, Riverdale Drive Reconstruction, Feldspar Street to Sunfish Lake Boulevard, to Kuechle Underground, Inc. in the amount of $771,913.13. Funding will be a mix of Municipal State Aid Funds and Stormwater Funds. Costs related to sanitary sewer and/or watermain work will be paid through the respective enterprise fund. Councilmember Riley commented that the Council has talked about this project several times. He stated that a very favorable bid was received and noted that this project will provide a substantial benefit to all residents. He explained that the City patching crew spent a significant amount of time on this stretch of road the previous year and therefore would be able to spread that time over other areas of the City in the future. Motion by Councilmember Riley, seconded by Councilmember Musgrove, to Adopt Resolution #21-057 Accepting Bids and Awarding Contract for Improvement Project #21-00, Riverdale Drive Reconstruction, Feldspar Street to Sunfish Lake Boulevard. Motion carried. Voting Yes: Mayor Kuzma, Councilmembers Riley, Musgrove, Heineman, Howell, Specht, and Woestehoff. Voting No: None. 7.07: Adopt Resolution #21-067 Instructing that No City Resources be Utilized in the Enforcement of Executive Order 20-81 City Administrator Ulrich stated that this resolution has been brought forward for consideration by Councilmembers Heineman and Howell. He noted that City Attorney Langel and Police Chief Katers are present tonight to provide input on the ability of the City to not enforce certain laws as well as suggested language changes within the draft resolution. City Attorney Langel commented that as he understands the proposed resolution it is an assertion that the Executive Order is unconstitutional and violates State law and that the City resources not be used in any way to uphold or enforce the order. He provided background information on the Executive Order and noted that a number of legal challenges have come forward through the summer and fall in both State and Federal courts, not a single challenge has been successful and none of the Executive Orders have been deemed unconstitutional. He disagreed with the premise of the whereas clause in the draft resolution that states that these Executive Orders have undermined the constitutions of the State and Federal government as that has not been found and no court has agreed with that statement. He stated that unless and until the court overrules the Executive Orders, they are law. He stated that if the Council approved this resolution it would contradict the current status of Minnesota law, which he did not think was a good position to be in. He was fairly certain that the Attorney General would take note if this were adopted. He stated that enforcement is primarily done by law enforcement and based on the State policy is approached City Council / March 9, 2021 Page 8 of 21